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Home My WebLink About2025-02-18 (Regular) Meeting Agenda Packet Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. 1000 Englewood Pkwy - Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Tuesday, February 18, 2025 ♦ 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: YouTube 1. Study Session Topic a. Director of Utilities and South Platte Renew Pieter Van Ry and Deputy Director of Business Solutions and Engineering Sarah Stone will provide an overview of the utility billing system issues and resolutions with guest Kate Atkinson, Vice President with Cogsdale Corporation. 6:00 p.m. to 6:55 p.m. Information 1a documents 2. Call to Order 3. Pledge of Allegiance 4. Roll Call 5. Consideration of Minutes of Previous Session a. Minutes of the Regular City Council Meeting of February 03, 2025. 5a documents 6. Recognitions a. Recognition of Englewood's Finance Team for receiving Government Finance Officers Association's (GFOA) Distinguished Budget Presentation Award for the 2024 Budget. 7. Appointments, Communications and Proclamations 8. Recognition of Public Comment Public Comment will begin shortly after 7:00 pm, this is an opportunity to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to three minutes. Englewood residents must provide your address or cross streets. Non-Englewood residents must provide the name of your city. If you have addressed Council in the last 90 days you will be moved to the bottom of the list. Written materials may be submitted to the City Clerk in advance or at the meeting. Audio/visual materials must be submitted to the City Clerk by 5pm Page 1 of 4167 Englewood City Council Regular Agenda February 18, 2025 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. on the Thursday prior to the meeting. Public Comment will be limited to 90 minutes total. If you'd like to speak virtually please reach out to the City Clerk's office for a link, the deadline is the Wednesday prior to the meeting by 5pm. You may also sign up in person immediately prior to the start of the Regular Meeting. Citizens may also submit written public comments to the City Clerk's Office until 12 p.m. the day after the meeting. If you have any questions please reach out to the City Clerk's Office at CityClerk@englewoodco.gov or call 303-762-2430. Council Response to Public Comment. 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. CB 2 - Second first reading of 2024 Model Traffic Code adoption and amendments to Title 11, Chapter 1 of the Englewood Municipal Code 9ai documents Staff: City Attorney Tamara Niles ii. CB 6 - Municipal Code clean-up to remove provisions regarding Emergency Telephone Service Authority 9aii documents Staff: City Attorney Tamara Niles iii. CB 8 - Consideration of a Sister Cities Partnership Agreement with Belm Germany 9aiii documents Staff: City Manager Shawn Lewis iv. CB 10 - Amendment to Englewood 2024 Colorado Water Resources and Power Development Authority Water Loan – Project Description 9aiv documents Staff: Director of South Platte Renew and Utilities Pieter Van Ry and Deputy Director of Business Solutions and Engineering Sarah Stone v. CB 11 - Second Amendment to Water Infrastructure Financing and Innovation Act (WIFIA) Water Loan 9av documents Staff: Director of Utilities and South Platte Renew Pieter Van Ry, and Deputy Director of Business Solutions and Engineering Sarah Stone vi. CB 12 - Staff requests Council approval of a second amendment to the IGA with CDOT for the US-285 & S. Broadway Interchange Project 9avi documents Page 2 of 4167 Englewood City Council Regular Agenda February 18, 2025 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. Staff: Deputy Director of Engineering Tim Hoos vii. CB - 13 Amendment to Englewood 2024 Colorado Water Resources and Power Development Authority Water Loan – Authorized Officers 9avii documents Staff: Director of Utilities and South Platte Renew Pieter Van Ry, and Deputy Director of Business Solutions and Engineering Sarah Stone viii. CB 14 - Amendment to the Intergovernmental Agreement with Englewood Public School District 9aviii documents Staff: Director of Utilities and South Platte Renew Pieter Van Ry and Deputy Director of Business Solutions and Engineering Sarah Stone b. Approval of Ordinances on Second Reading. i. CB 3 - Municipal Code clean-up regarding Special Funds, to reflect current special funds utilized in City budgeting 9bi documents Staff: City Attorney Tamara Niles and Director of Finance Kevin Engels ii. CB 4 - Amending Municipal Code to combine certain City pension/retirement boards 9bii documents Staff: City Attorney Tamara Niles iii. CB 5 - IGA regarding the acceptance of an Edward Byrne Memorial Justice Assistance Grant 9biii documents Staff: Court Administrator Kennetha Julien c. Resolutions and Motions i. Motion - Food and Beverage Concessionaire Agreement at Broken Tee Golf Course 9ci documents Staff: Golf Manager Shannon Buccio ii. Motion - Authorize a contract for SEH Engineers Inc. to perform final design services for the Union Avenue Bridge Rehabilitation Project. 9cii documents Staff: Deputy Director of Engineering Tim Hoos, and Engineering Manager Mike Roman iii. Motion - Approval to apply to the High Efficiency Electric Heating and Appliances Grant via the Colorado Energy Office 9ciii documents Staff: Director of Public Works Victor Rachael and Deputy Director of Operations and Maintenance Ron Thornton iv. Motion - Construction Manager/General Contractor (CMGC) agreements for the Page 3 of 4167 Englewood City Council Regular Agenda February 18, 2025 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. Facility Project Delivery with PCL Construction (PCL). 9civ documents Staff: Director of Utilities and South Platte Renew Pieter Van Ry and Deputy Director of Business Solutions and Engineering Sarah Stone 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. CB 9 - First Reading for a Planned Unit Development, 401 Englewood Parkway, Kimco Development 11ai documents Staff: Planner II Will Charles b. Approval of Ordinances on Second Reading c. Resolutions and Motions 12. General Discussion a. Mayor's Choice i. South Metro Enterprise Zone Redesignation 12ai documents ii. Approval of Mayor’s Travel to Belm, Germany for the 2025 Sister Cities Delegation 12aii documents b. Council Members' Choice 13. City Manager’s Report 14. Adjournment Page 4 of 4167 STUDY SESSION TO: Mayor and Council FROM: Pieter Van Ry, Sarah Stone DEPARTMENT: Utilities DATE: February 18, 2025 SUBJECT: Utility Billing System Implementation DESCRIPTION: Overview of the utility billing system issues and resolutions with guest Kate Atkinson, Vice President with Cogsdale Corporation. RECOMMENDATION: No recommendation, study session item. PREVIOUS COUNCIL ACTION:  January 19, 2021 – City Council approved the agreement with Cogsdale Corporation to implement and provide maintenance and support for a new utility billing system.  October 26, 2020 – Staff presented details of vendor selection and cost for a new utility billing system to City Council at Study Session. SUMMARY: Utilities staff and representatives from the billing system vendor will present the challenges and next steps related to the billing system rollout. ANALYSIS: Utilities Director Pieter Van Ry will present on the challenging implementation of the utility billing system. Kate Atkinson with Cogsdale Corporation, the billing system vendor, will also be present to discuss the system rollout and actions that are being taken to resolve issues. COUNCIL ACTION REQUESTED: No action, study session item. FINANCIAL IMPLICATIONS: None. CONNECTION TO STRATEGIC PLAN: Sustainability:  A city that stewards its resources for the benefit of current and future generations Governance:  A city government that serves the community by being efficient, effective, accountable, and adaptable Safety: Page 5 of 4167  A city that protects and serves the community and its people with professionalism and responsiveness ATTACHMENTS: PowerPoint Presentation Page 6 of 4167 Billing System Issues & Resolution Presentation to Council By Pieter Van Ry, Director of the Utilities Department Pa g e 7 o f 4 1 6 7 Why New Meters & Billing System Pa g e 8 o f 4 1 6 7 Why Billing System & New Meters •New billing system/bills Replacing 30+ yr old system Modernizing bills Water use history on bill Full list of charges •New AMI meters Replacing old, unsupported water meters Out of date, unsupported software Improved meter reading capability Pa g e 9 o f 4 1 6 7 Why New Customer Portal •New portal Provides customers with convenient access to accounts: View and pay bills online Autopay and paperless billing Monthly water use history Pa g e 1 0 o f 4 1 6 7 Meters & Billing System Rollout Pa g e 1 1 o f 4 1 6 7 Planned Rollout •Billing system contract signed: March 2021 •Original project rollout dates: 1)New billing system:Original Go-live date of April 2022, revised go live date of September 2023 2)AMI meter upgrades: March 2024 3)Lead service line replacements: June 2024 o Separate but integrated projects o Buffer time between projects Pa g e 1 2 o f 4 1 6 7 Actual Rollout •Project rollout dates: o Billing system: July 17, 2024 o AMI meter upgrades: June 18, 2024 (maintain contract pricing) o Lead Reduction Program: On schedule, June 2024 •Challenges: o Delay in billing system go-live o AMI data integration o Fifth-hottest summer on record Pa g e 1 3 o f 4 1 6 7 Customer Billing Pa g e 1 4 o f 4 1 6 7 Billing System Challenges o New system worked during testing o After conversion, technical issue caused water use data to display incorrectly on customer bills o Subsequent delay in sending out bills o Water use data removed from bills to avoid further delays o January 2025 bills are correct & show monthly water use o Normal billing schedule restored by March 2025 Pa g e 1 5 o f 4 1 6 7 Other Factors •AMI Meters: o AMI meters completed in waves (60% complete) o Delayed import of new meter data o Resulted in $0 monthly water charges for some customers •Meter readings are correct •Billed charges are correct Pa g e 1 6 o f 4 1 6 7 Example Bill & Scenario Meter Upgrade July 2024 Pa g e 1 7 o f 4 1 6 7 Average Daily Calls per Week (Billing Only)•No late fees or shut-offs through April •Customers encouraged to pay what they can •Provide data logs of water usage •Meet with customers to explain charges •Temporary Customer Escalation Specialist Customer Service Response Pa g e 1 8 o f 4 1 6 7 Customer Service Response (Cont’d) Daily Calls (Billing Only) Pa g e 1 9 o f 4 1 6 7 Moving Forward Pa g e 2 0 o f 4 1 6 7 Resolving Issues: Our Plan Forward •Late fees/shutoffs suspended since August 2024 •Billing back on schedule •Bills have updated monthly water use •New protocols to respond to inquiries •Public meeting to address questions Pa g e 2 1 o f 4 1 6 7 Resolving Issues: Our Plan Forward (Cont’d) Outreach & info on billing issues & Qs: Social Posts Web Updates Direct Mailer Handout Pa g e 2 2 o f 4 1 6 7 Vendor Relationship •Vendor honoring original contract: o Working two years longer than expected o Change orders o Vendor is incurring all extra costs o No cost impacts to Englewood customers Pa g e 2 3 o f 4 1 6 7 Cogsdale Kate Atkinson, Executive Vice President Pa g e 2 4 o f 4 1 6 7 Challenges • A global pandemic; new discovery process, new consultant, remote • Project Governance; Scope management • Testing & Staff turnover / lack of redundancy in the project team • 3rd party delays • Mass meter switches Pa g e 2 5 o f 4 1 6 7 In Summary Pa g e 2 6 o f 4 1 6 7 Conclusion •The upgrades were necessary •Delays + hot summer water use = confusion •We recognize customers have been frustrated •We apologize & are working to make it right •Other utilities facing similar issues •Getting billing cycles back on track •We’re sharing how we’re resolving issues •Working with customers on specific situations Pa g e 2 7 o f 4 1 6 7 Next Steps •Close out punch list •Transition to service contract •Complete AMI upgrade •Customer water usage analysis •Launch AMI Customer Portal Pa g e 2 8 o f 4 1 6 7 Questions Pa g e 2 9 o f 4 1 6 7 Thank You! Pa g e 3 0 o f 4 1 6 7 MINUTES City Council Regular Meeting Monday, February 3, 2025 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic a) Director of Utilities and South Platte Renew Pieter Van Ry with guest Nicole Rowan, Director of the Water Control Division of the Colorado Department of Public Health & Environment (CDPHE) provided an update on Englewood Utilities Environmental and Compliance Programs. The meeting recessed at 6:45 p.m. for a break. The meeting reconvened at 7:00 p.m. with six Council Members present. Member Prange was absent. 2 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Sierra at 7:00 p.m. 3 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Sierra 4 Roll Call COUNCIL PRESENT: Mayor Othoniel Sierra Mayor Pro Tem Joe Anderson Council Member Steve Ward Council Member Chelsea Nunnenkamp Council Member Rita Russell Council Member Kim Wright COUNCIL ABSENT: Council Member Tena Prange STAFF PRESENT: City Manager Lewis City Attorney Niles City Clerk Carlile Senior Deputy City Clerk McKinnon Deputy City Manager Dodd Police Chief Jackson Page 1 of 7 Draft Page 31 of 4167 City Council Regular February 3, 2025 Director of Utilities and South Platte Renew Van Ry Director of Public Works Rachael Director of Community Development Power Director of Human Resources Weiske Director of Finance Engels Deputy Director of Engineering Hoos, Public Works Deputy Director of Operations and Maintenance Roach, Utilities Environmental Compliance Manager Edelstein, Utilities Planning Manager Isham, Community Development Environmental Compliance Coordinator Worley, Utilities Environmental Scientist II Kahler, Utilities Traffic Engineering Manager Maxwell, Public Works Court Administrator Julien, Municipal Court Capital Project Engineer II Keener, Public Works Planner II Charles, Community Development Sustainability Program Manager Englund, City Manager's Office Audio Visual Engineer Hessling, Information Technology System Administrator Munnell, Information Technology Officer Karr, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of January 21, 2025. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Rita Russell APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUARY 21, 2025. For Against Abstained Chelsea Nunnenkamp (Moved By) x Rita Russell (Seconded By) x Othoniel Sierra x Joe Anderson x Kim Wright x Steven Ward x 6 0 0 Motion CARRIED. 6 Recognitions a) City Council recognized the 2024 Sustainability Grant Program Recipients.  Kelly Wilbert  Austin Jones  Rhonda Willco Page 2 of 7 Draft Page 32 of 4167 City Council Regular February 3, 2025  Sara Duke  Andrew Forlines  Tracy Csavina 7 Appointments, Communications and Proclamations There were no Appointments, Communications or Proclamations scheduled. 8 Recognition of Public Comment a) Charles Downing, an Englewood resident, addressed City Council. b) Gabriel Buckner, an Englewood Resident, addressed City Council. c) Tresa Miller, an Englewood resident, addressed City Council. d) Gary Kozack, an Englewood resident, addressed City Council. Mayor Sierra responded to Public Comment. 9 Consent Agenda Items Council Member Russell removed Agenda Item 9(a)(i) from Consent Agenda. a) Approval of Ordinances on First Reading i) CB 5 - IGA regarding the acceptance of an Edward Byrne Memorial Justice Assistance Grant [Clerks Note: This agenda item was removed from the Consent Agenda motion and considered independently.] Moved by Council Member Rita Russell Seconded by Council Member Joe Anderson COUNCIL BILL NO. 5, INTRODUCED BY COUNCIL MEMBER RUSSELL A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT REGARDING THE ACCEPTANCE OF AN EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM, GRANT NO. 2023-DJ-24-02- 32-1. For Against Abstained Chelsea Nunnenkamp x Rita Russell (Moved By) x Othoniel Sierra x Page 3 of 7 Draft Page 33 of 4167 City Council Regular February 3, 2025 Joe Anderson (Seconded By) x Kim Wright x Steven Ward x 6 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading. There were no Ordinances on Second Reading c) Resolutions and Motions There were no additional Resolutions or Motions (See Agenda Items 11(c)(i).) 10 Public Hearing Items a) Public Hearing for a Planned Unit Development, 401 Englewood Parkway, Kimco Development Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson MOTION TO OPEN THE PUBLIC HEARING FOR THE PROPOSED PLANNED UNIT DEVELOPMENT, 401 ENGLEWOOD PARKWARY, KIMCO DEVELOPMENT. For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Kim Wright x Steven Ward x 6 0 0 Motion CARRIED. All testimony was given under oath. Planner II Charles presented information regarding the proposed Planned Unit Development. Kimco Development Team presented information regarding the proposed Planned Unit Development. Page 4 of 7 Draft Page 34 of 4167 City Council Regular February 3, 2025 5 citizens spoke in favor of the proposed Planned Unit Development. 5 citizens spoke in opposition of the proposed Planned Unit Development. 2 letters in favor of the proposed Planned Unit Development were received. Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp MOTION TO CLOSE THE PUBLIC HEARING FOR THE PROPOSED PLANNED UNIT DEVELOPMENT, 401 ENGLEWOOD PARKWARY, KIMCO DEVELOPMENT. For Against Abstained Chelsea Nunnenkamp (Seconded By) x Rita Russell x Othoniel Sierra x Joe Anderson (Moved By) x Kim Wright x Steven Ward x 6 0 0 Motion CARRIED. The meeting recessed at 9:37 p.m. for a break. The meeting reconvened at 9:48 p.m. with six Council Members present. Member Prange was absent. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB 3 - Municipal Code clean-up regarding Special Funds, to reflect current special funds utilized in City budgeting Moved by Council Member Rita Russell Seconded by Council Member Kim Wright COUNCIL BILL NO. 3, INTRODUCED BY COUNCIL MEMBER RUSSELL A BILL FOR AN ORDINANCE AMENDING TITLE 4 CHAPTER 3 OF THE ENGLEWOOD MUNICIPAL CODE CONCERNING SPECIAL FUNDS TO REFLECT CURRENTLY BUDGETED AND UTILIZED CITY SPECIAL FUNDS. Page 5 of 7 Draft Page 35 of 4167 City Council Regular February 3, 2025 For Against Abstained Chelsea Nunnenkamp x Rita Russell (Moved By) x Othoniel Sierra x Joe Anderson x Kim Wright (Seconded By) x Steven Ward x 6 0 0 Motion CARRIED. ii) CB 4 - Amending Municipal Code to combine certain City pension/retirement boards Moved by Council Member Rita Russell Seconded by Council Member Kim Wright COUNCIL BILL NO. 4, INTRODUCED BY COUNCIL MEMBER RUSSELL A BILL FOR AN ORDINANCE COMBINING CERTAIN CITY EMPLOYEE PENSION AND RETIREMENT BOARDS INTO A SINGLE OVERSIGHT BOARD, NAMED ENGLEWOOD RETIREMENT PENSION PLAN BOARD. For Against Abstained Chelsea Nunnenkamp x Rita Russell (Moved By) x Othoniel Sierra x Joe Anderson x Kim Wright (Seconded By) x Steven Ward x 6 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading There were no Ordinances on Second Reading c) Resolutions and Motions i) Motion - Award of Contract to Jalisco International, Inc. for the Construction of the Oxford Avenue Pedestrian Bridge Moved by Council Member Joe Anderson Page 6 of 7 Draft Page 36 of 4167 City Council Regular February 3, 2025 Seconded by Council Member Chelsea Nunnenkamp Approval of Contract to Jalisco International, Inc. for the Construction of the Oxford Avenue Pedestrian Bridge. For Against Abstained Chelsea Nunnenkamp (Seconded By) x Rita Russell x Othoniel Sierra x Joe Anderson (Moved By) x Kim Wright x Steven Ward x 6 0 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice b) Council Members' Choice 13 City Manager’s Report 14 Adjournment MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 10:29 p.m. City Clerk Page 7 of 7 Draft Page 37 of 4167 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: February 18, 2025 SUBJECT: CB 2 - Second first reading of 2024 Model Traffic Code adoption and amendments to Title 11, Chapter 1 of the Englewood Municipal Code DESCRIPTION: Englewood Municipal Code 11-1-1 adopts by reference the Colorado Department of Transportation Model Traffic Code, to serve as the City's traffic laws. This ordinance adopts by reference the newly-published 2024 code, and amends Title 11, Chapter 1 of the Englewood Municipal Code RECOMMENDATION: Consider second first reading of council bill to adopt the 2024 Model Traffic Code and amendments to Title 11, Chapter 1 of the Englewood Municipal Code. The ordinance was amended after first reading, upon request of Municipal Court; both Municipal Court and City Attorney's Office jointly request City Council approved the Council Bill as amended on first reading. PREVIOUS COUNCIL ACTION: City Council adopted the 2020 Model Traffic Code for Colorado. January 6, 2025: City Council adopts ordinance on first reading adopting 2024 Model Traffic Code. SUMMARY: In 2024, the Colorado Department of Transportation published the updated 2024 Model Traffic Code (MTC) for Colorado. Based on this publication the City Attorney's Office conducted a comprehensive review of Title 11, Chapter 1 of the Englewood Municipal Code, and determined that amendments and updates to Title 11, Chapter 1 to the Englewood Municipal Code would be desirable and in the best interest of the City. Currently, Officers of the Englewood Police Department are required to know the provisions of the Model Traffic Code with Englewood specific changes and Title 42 of the Colorado Revised Statutes. The dual laws create unnecessary complexity in traffic enforcement and increases the risk of inconsistency in traffic enforcement. The suggested amendments to Title 11, Chapter 1 to the Englewood Municipal Code are met to alleviate the unnecessary complexity in traffic enforcement within the City by aligning both sets of rules into a simpler more effective model for traffic enforcement. Page 38 of 4167 The 2024 version of the MTC incorporates amendments that have been made to traffic laws in the last several years and reflects all the legal updates providing clear guidance for traffic enforcement. 2024 MTC updates include:  Rules for e-bikes.  Adding electric scooter to many sections.  Changes to automated vehicle identification section.  Changes to approaching stationary emergency and other vehicles.  Updates to bicyclist and and other users of bike lanes.  Regulations on bikes approaching an intersection.  General traffic code clean up. Further, the amendments seek to clarify and simplify Title 11, Chapter 1 to the Englewood Municipal Code, which includes removing duplicate and unnecessary provisions that are largely covered by the MTC. All updates encourage a standardized traffic code that removes unnecessary modifications ensuring legal compliance with current law and more effectively allows for enforcement of traffic violations. The amendments to Title 11, Chapter 1 to the Englewood Municipal Code also include new provisions that have not previously been adopted by the City. Specific updates include:  EMC 11-1-1, Removing duplicate and unnecessary provisions.  EMC 11-1-2, Removing unnecessary language.  EMC 11-1-4, Removal of vehicle emissions in the code as this is largely covered by State law and adding Driving Under Restraint for Outstanding Judgment a 2017 change in the law allowed for the City to file this violation in Municipal Court.  EMC 11-1-5, Removing unnecessary language.  EMC 11-1-7, Removal of section as covered by MTC 225, and adding for automatic reduction of points for payment of penalty assessments issued for traffic violations.  EMC 11-1-8, Removal of unnecessary language.  EMC 11-1-9, Removal of section as it is unnecessary and covered by other sections of code.  EMC 11-1-10, Removal of section as it is unnecessary and covered by other sections of code. The goal of these amendments is to simplify enforcement, ensure legal compliance, and improve efficiency. ANALYSIS: On February 3, 2025, the City Attorney's Office met with Municipal Judge Joe Jefferson and Court Administrator Kennetha Julian, to discuss potential concerns with proposed revisions to EMC 1-11-7, and with the ability to implement 30 days after second reading. To respond to these concerns, the council bill adopted on first reading was revised for a second first reading to contain the following new provisions: EMC 1-11-7 revised to clarify it only applies to traffic infraction citations; in addition, it clarifies that this automatic point reduction does not otherwise impact prosecutorial or judicial discretion, such that they can still offer additional reductions for traffic school, extend the time for compliance on a case-by-case basis, or otherwise Page 39 of 4167 A provision that allows for delayed implementation, if required for software configuration or to print new paper citations COUNCIL ACTION REQUESTED: Consider council bill to adopt the 2024 Model Traffic Code and amendments to Title 11, Chapter 1 of the Englewood Municipal Code FINANCIAL IMPLICATIONS: None anticipated CONNECTION TO STRATEGIC PLAN: Safety: Designed to improve safety on City streets by making traffic enforcement less complex. OUTREACH/COMMUNICATIONS: Contacted the Englewood Municipal Court, Englewood Police Department, City Prosecutor, and presented to the Transportation Advisory Committee on October 3, 2024 for input on proposed changes. ATTACHMENTS: Council Bill Page 40 of 4167 ORDINANCE COUNCIL BILL NO. 2 NO. _____________ INTRODUCED BY COUNCIL SERIES OF 2025 MEMBER _____________ A BILL FOR AN ORDINANCE AMENDING TITLE 11 OF THE ENGLEWOOD MUNICIPAL CODE CONCERNING TRAFFIC AND INCORPORATING BY REFERENCE THE 2024 EDITION OF THE MODEL TRAFFIC CODE FOR COLORADO NOVEMBER 2024 REVISION 1.0 AS MODIFIED BY APPLICABLE ADDITIONS AND DELETIONS. WHEREAS, Article V, Section 44, of the Englewood Home Rule Charter provides that standard codes promulgated by the State of Colorado may be adopted by reference; and WHEREAS, pursuant to C.R.S. § 42-4-110(1)(b), municipalities may, in the manner prescribed by Parts 1 and 2 of Article 16 of Title 31, C.R.S., adopt by reference all or any part of a Model Traffic Code to control and regulate the movement and parking of motor vehicles as provided by state traffic laws; and WHEREAS, since 1952, the Colorado Department of Transportation (CDOT) has published and regularly updated the Model Traffic Code for Colorado, which is modeled after the applicable state statutes and adopted by municipalities to ensure uniformity and standardization of traffic regulations throughout the state; and WHEREAS, the City has previously adopted versions of the Model Traffic Code and adopted by reference the 2020 edition of the Model Traffic Code for Colorado, as amended; and WHEREAS, in 2024 CDOT promulgated the 2024 edition of the Model Traffic Code for Colorado; and WHEREAS, in November 2024 CDOT updated the 2024 edition of the Model Traffic Code for Colorado with Revision 1.0; and WHEREAS, the current traffic code requires amending in order to comply with changes in state law; and WHEREAS, in 2017 the Colorado Legislature passed House Bill 17-1162 authorizing local governments to enforce certain violations of C.R.S. § 42-2-138; and WHEREAS, C.R.S. § 42-2-127(5.6) permits any municipality to elect to adopt the provisions of C.R.S. § 42-2-127(5.5) by ordinance automatically reducing the number of points for traffic infractions for payment made before the due date; and Page 41 of 4167 WHEREAS, uniformity between the City and state traffic code benefits officers by allowing them to adhere to a single set of rules, thereby simplifying their duties and reducing the risk of error; and WHEREAS, the City Council hereby finds that adoption of 2024 Model Traffic Code November 2024 Revision 1.0 is necessary for the health, safety, welfare of the public and desires to adopt such code by reference, as amended and set forth herein; and WHEREAS, City Council first considered and approved this Council Bill on January 6, 2025, but this matter is back for Council consideration on a second first reading at request of Municipal Court, to include a clarification to proposed revisions to EMC § 11-1-7 below and to provide a delayed implementation if necessary to allow for software process and citation amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Adoption of the Model Traffic Code. Pursuant to Section 44, Article V of the Englewood Home Rule Charter, and Title 31, Article 16, Parts 1 and 2, C.R.S., as amended, there is hereby adopted by reference the 2024 Edition of the "Model Traffic Code for Colorado November 2024 Revision 1.0," promulgated and published as such by the Colorado Department of Transportation, Traffic Engineering and Safety Branch, 2829 W. Howard Place, Denver, Colorado 80204. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic-control regulations for the State of Colorado, and its subject counties, cities, towns, and home rule municipalities, including the City of Englewood (hereinafter referred to as "City"). The purpose of this Ordinance and the Englewood Municipal Code ("EMC") adopted herein is to provide a system of traffic regulation consistent with state law and generally conforming to similar regulations throughout the state and nation. Two copies of the Model Traffic Code adopted herein shall be on file in the office of the City Clerk for the City of Englewood, Colorado and may be inspected during regular business hours, and one copy shall be made available at the website of the City Clerk. Section 2. Amendment of Title 11. Title 11, Chapter 1 to the Englewood Municipal Code shall be amended to read as follows (new provisions underlined; and deleted provisions crossed through): 11-1-1: Adoption of Code. A. Pursuant to Section 44, Article V of the Englewood Home Rule Charter, and Title 31, Article 16, Parts 1 and 2, C.R.S., as amended, there is hereby adopted by reference Articles I and II, inclusive of the 2024 Edition of the "Model Traffic Code for Colorado," promulgated and published as such by the Colorado Department of Transportation, Traffic Engineering and Safety Branch, 2829 W. Howard Place, Denver, Colorado 80204. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic-control regulations for the State of Colorado, and its subject counties, cities, towns and home rule municipalities, including the City of Englewood (hereinafter referred to as "City"). The Page 42 of 4167 purpose of this Ordinance and the Englewood Municipal Code ("C.R.") adopted herein is to provide a system of traffic regulation consistent with state law and generally conforming to similar regulations throughout the state and nation. Two copies of the Model Traffic Code adopted herein shall be on file in the office of the City Clerk for the City of Englewood, Colorado and may be inspected during regular business hours, and one copy shall be made available at the website of the City Clerk. A.B. The 20240 edition of the Model Traffic Code for Colorado November 2024 Revision 1.0 ("MTC") published by the Colorado Department of Transportation is adopted by reference as if set out at length, except as specifically amended for the following amendments and deletions as set forth below. To the extent that an MTC provision is not otherwise applicable, it shall be interpreted to apply to the City or EMC equivalent. In any conflict, EMC provisions shall apply. 1. Penalty Assessment. The penalty assessments for traffic violations are inapplicable to the City. Therefore, aAll references to penalty assessments and procedures dealing with penalty assessments as set forth within Parts 1-19 of the 20240 Model Traffic Code Revision 1.0 are hereby expressly deleted. 2. Part 1, Section 103, MTC, is hereby amended by the addition of a new subsection (2)(c), which shall read as follows: 103. Scope and effect of Code — exceptions to provisions. (2) (c) Provisions of these Parts 1—19 of tThe MTC as adopted herein shall apply to all public highways, roadways, streets, alley ways, and upon private property made available for public use where the City has contracted to provide traffic and parking enforcement., and any such contract shall be a waiver of any objection the owner may assert concerning enforcement of this section and the MTC by peace officers authorized and empowered to enforce this Code, provisions of law to the contrary notwithstanding. 3. Part 1, Section 106, who may restrict right to use highways - is hereby amended to read as follows: 106. Right to restrict right to use highways. a) The use of certain streets and roadways by trucks or other commercial vehicles, bicycles, and horse-drawn vehicles or other non-motorized traffic shall be restricted or prohibited when authorized by the City Traffic Engineer and when official signs giving notice thereof are erected. b) For the purposes of road construction and maintenance any street or portion thereof may, by action of the City or by agreement with other concerned road agencies, be temporarily closed to through traffic or to all vehicular traffic during the work project, and the traffic affected shall be along appropriate detours or alternative routes by official traffic control devices. c) When signs are so erected giving notice of restrictions or prohibitions upon the use of streets, no person shall disobey the directions or instructions stated on such signs. Page 43 of 4167 d) The provisions of subsection (a) above shall not be construed to prohibit the drivers of any excluded vehicle(s) from traveling over such restricted or prohibited streets, other than controlled-access roadways, for the purpose of delivering or picking up materials or merchandise or reaching destinations which occur on these particular streets, provided such excluded vehicles enter such streets at the intersection nearest the destination of the vehicle and proceed thereon no further than the nearest intersection thereafter. 4. The Title of Part 1, Section 109, Low-power scooters, animals, skis, skates, and toy vehicles, on highways is hereby amended as follows: 109. Operation of low-power scooters, animals, skis, skates, toy vehicles and electric golf cars. 5. Sections (1) and (13) of Part 1, Section 109, Low-power scooters, animals, skis, skates, and toy vehicles, on highways - are hereby amended to read as follows, and a new subsection (14) is added as follows: 109. Operation of low-power scooters, animals, skis, skates, toy vehicles and electric golf cars. (1) A person riding a low-power scooter upon a roadway where low-power scooter travel is permitted shall be granted all of the rights and shall be subject to all of the duties and penalties applicable to the driver of a motor vehicle as set forth in the E.M.C. and the MTC, except those provisions of the E.M.C. or MTC that by their very nature, can have no application. Said riders shall also comply with the special rules set forth in this section and in Part 2, Section 220(1)(b) and (1)(c) of the MTC and when using streets and highways within the City of Englewood, and shall comply with any other applicable local ordinances regulating the operation of golf cars or low-power scooters. Whenever the word "vehicle" is used in any of the driving rules applicable to golf cars and low-powered scooter riders as set forth within Title 11, Chapter 1, of the EMC, such term shall be interpreted to include golf car and low-power scooter. (13) (a) Except as otherwise provided in paragraph (b) of this subsection (13), any person who violates a provision of this section commits a class B traffic infraction. (b) Any person who violates subsection (6.5) of this section commits a class A traffic infraction. (14) Operation of an Electric Golf Car within the City of Englewood. a) A golf car used on City streets or roadways, must meet the definition stated in Section 42-1-102 C.R.S. and be powered by electricity. b) Golf cars will be allowed on the streets and roadways of the City with the following restrictions: i) Golf cars shall be allowed on City roadways with a maximum speed of thirty (30) miles per hour. Page 44 of 4167 ii) Golf cars shall be prohibited on sidewalks and pedestrian or bicycle pathways. iii) Golf cars shall not be permitted continuous travel on the following roadways within the City: Evans Avenue Dartmouth Avenue Highway 285 Logan Street Broadway Downing Street South Santa Fe Drive University Boulevard Federal Avenue Belleview Avenue Nor on sections of: Navajo, from Quincy to Oxford Windermere, from Oxford to Kenyon iv) With the exception of South Santa Fe Drive, golf cars may cross the roadways listed above, or other roadways with a speed limit of greater than thirty (30) miles per hour if they do so at marked intersections. c) All golf cars used on the streets or roadways of the City shall have the following operational equipment: i) Head lamps. ii) Front and rear turn signals. iii) Tail lamps. iv) Stop lamps. v) Reflex reflectors; one red on each side as far to the rear as practicable and one red reflector on the rear of the golf car. vi) An exterior mirror mounted on the driver's side of the vehicle or an interior mirror. vii) A windshield, or the driver must be wearing state approved goggles. viii) Seat belts (type one or two) at all seat positions. Wearing seat belts is recommended but not required. ix) Parking brake. x) Display slow-moving vehicle emblem per MTC, Section 234. Page 45 of 4167 xi) Display Englewood golf car permit sticker on the rear. d) Permits required. i) Golf Car Vehicle Permit. The golf car shall be inspected for safety and required equipment by the Englewood Police Department every three years and issued a permit sticker. A vehicle driver must provide proof of current vehicle permit when requested by any enforcing officer. ii) Vehicle owners must provide proof of a current driver's license and complying insurance at the time of permitting and at all times when operating the golf car on the City's roadways. iii) Fees for the inspection and City permit shall be set by Council Resolution and incorporated within the City's Rate and Fee Schedule. e) A golf car driver shall have in his or her possession a current valid driver's license or minor driver's license and proof of insurance for the golf car. i) A golf car driver shall possess insurance consistent with Motor Vehicle Insurance limits required by State Statute. f) Unauthorized use of golf cars. i) An unlicensed driver of a golf cart shall not carry a passenger who is under twenty-one years of age. ii) A person under sixteen years of age may not operate a golf cart. 6. Part 1, Section 111, Powers of Local Authorities - is hereby deleted. 7. Part 1, Section 113, Appropriations for administration of article - is hereby deleted. 8. Part 1, Section 118, Establishment of wildlife crossing zones - is hereby deleted. 9. Part 2, Section 203, Unsafe Vehicles - Spot Inspections - is hereby deleted. 10. Part 2, Section 221 is hereby amended to include reference to electric scooters to read as follows: 221. Bicycle and personal mobility device equipment. (1) No other provision of this part 2 and no provision of part 3 of this Code shall apply to a bicycle, electrical assisted bicycle, electric scooter or EPAMD or to equipment for use on a bicycle, electrical assisted bicycle, electric scooter or EPAMD except those provisions in this Code made specifically applicable to such a vehicle. (2) Every bicycle, electrical assisted bicycle, electric scooter or EPAMD in use at the times described in section 204 shall be equipped with a lamp on the front emitting a white light visible from a distance of at least five hundred feet to the front. (3) Every bicycle, electrical assisted bicycle, electric scooter or EPAMD shall be equipped with a red reflector of a type approved by the department, which shall be Page 46 of 4167 visible for six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. (4) Every bicycle, electrical assisted bicycle, electric scooter or EPAMD when in use at the times described in section 204 shall be equipped with reflective material of sufficient size and reflectivity to be visible from both sides for six hundred feet when directly in front of lawful lower beams of head lamps on a motor vehicle or, in lieu of such reflective material, with a lighted lamp visible from both sides from a distance of at least five hundred feet. (5) A bicycle, electrical assisted bicycle, electric scooter or EPAMD or its rider may be equipped with lights or reflectors in addition to those required by subsections (2) to (4) of this section. (6) A bicycle, electric scooter or electrical assisted bicycle shall not be equipped with, nor shall any person use upon a bicycle or electrical assisted bicycle, any siren or whistle. (7) Every bicycle, electric scooter or electrical assisted bicycle shall be equipped with a brake or brakes that will enable its rider to stop the bicycle or electrical assisted bicycle within twenty-five feet from a speed of ten miles per hour on dry, level, clean pavement. (8) A person engaged in the business of selling bicycles, electric scooter or electrical assisted bicycles at retail shall not sell any bicycle or electrical assisted bicycle unless the bicycle or electrical assisted bicycle has an identifying number permanently stamped or cast on its frame. (9) (a) On or after January 1, 2018, every manufacturer or distributor of new electrical assisted bicycles intended for sale or distribution in this state shall permanently affix to each electrical assisted bicycle, in a prominent location, a label that contains the classification number, top assisted speed, and motor wattage of the electrical assisted bicycle. The label must be printed in the Arial font in at least nine-point type. (b) A person shall not knowingly modify an electrical assisted bicycle so as to change the speed capability or motor engagement of the electrical assisted bicycle without also appropriately replacing, or causing to be replaced, the label indicating the classification required by subsection (9)(a) of this section. (10) (a) An electrical assisted bicycle must comply with the equipment and manufacturing requirements for bicycles adopted by the United States consumer product safety commission and codified at 16 CFR 1512 or its successor regulation. (b) A class 2 electrical assisted bicycle must operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied. Class 1 and class 3 electrical assisted bicycles must be equipped with a mechanism or circuit that cannot be bypassed and that causes the electric motor to disengage or cease to function when the rider stops pedaling. Page 47 of 4167 (c) A class 3 electrical assisted bicycle must be equipped with a speedometer that displays, in miles per hours, the speed the electrical assisted bicycle is traveling. (11) A person who violated this section commits a class B traffic infraction. 11. Part 2, Section 227(3)(b), Tinted Windows - is hereby deleted. 12. Part 2, Section 235, Minimum Standards for Commercial Vehicles - is hereby amended to read as follows: 235. Minimum standards for commercial vehicles The City hereby incorporates by reference the Department of Public Safety Rules and Regulations Concerning Minimum Standards for the Operation of Commercial Vehicles as adopted by the Colorado Code of Regulations (C.C.R.) or as same shall be amended which incorporates the Code of Federal Regulations, Title 49, or as same shall be amended. 413. Part 2, Section 236(7)(b), Child Restraint Systems, regarding fine for a minor driver - is hereby deleted. 514. Part 5, Section 511, Permits Standards - is hereby deleted. 615. Part 6, Section 603, Obedience to Official Traffic Control Devices - is hereby amended by the addition of a new paragraph (6) which shall read as follows: 603. Obedience to Official Traffic Control Devices. (6) Obedience to Official Truck Traffic Control Devices. Nor operator or driver of a truck or commercial vehicle shall disobey any official traffic control devices relating to or concerning truck routes or vehicle weight restrictions within the City of Englewood., except as provided by Section 11-1-1(B)(2), (4) E.M.C. 16. Part 6, Section 616, Wildlife Crossing Zones — increase in penalties for moving traffic - is hereby deleted. 17. Part 7, Section 711, Driving on Mountain Highways - is hereby deleted. 18. Part 7, Section 714, Requirement To Yield To A Bicycle In A Bicycle Lane - is hereby added as follows: 714. Requirement To Yield To A Bicycle In A Bicycle Lane. (1) The driver of a vehicle shall yield the right-of-way to a bicyclist or other authorized user of a bicycle lane. (2) "Bicycle Lane:" means a portion of the roadway that has been designated by striping, signage, or pavement markings for the exclusive use of bicyclists and other authorized users of bicycle lanes. "Bicycle Lane" includes an intersection if the bicycle lane is marked on opposite sides of the intersection. (3) Any person who violates subsection (1) of this section commits a class A traffic infraction. 19. Part 8, Section 802(3), Pedestrians' Right-of-Way in Crosswalks - is hereby amended to read as follows: Page 48 of 4167 802. Pedestrians' right-of-way in crosswalks. (3) No pedestrian shall suddenly leave a curb or other place of safety and ride a bicycle, ride an electrical assisted bicycle, electric scooter, walk, or run into the path of a moving vehicle that is so close as to constitute an immediate hazard. 20. Part 10, Section 1011, Use of Runaway Vehicle Ramps - is hereby deleted. 21. Part 11, Section 1101(1), Speed limits - is hereby amended to add the following subsection(1)(a): 1101(1) Speed limits. (1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing. (a) No person shall drive a vehicle on a street or highway within the City at a speed greater than is reasonable and prudent under the conditions then existing. Except when a special hazard exists that requires a lower speed, any speed in excess of the posted speed at any location shall be prima facie evidence that the speed at which the vehicle is being operated is not reasonable or prudent for the conditions and is being operated in an unlawful manner. 722. Part 11, Section 1101(2), Speed Limits - is hereby amended to read as follows: 1101(2) Speed limits. (a) Fifteen (15) miles per hour in any alley. (b) Twenty-five (25) miles per hour in any business district, unless otherwise posted. (c) Twenty-five (25) miles per hour in any residential district, unless otherwise posted. 23. Part 12, Section 1202, Parking or Abandonment of Vehicles - shall be amended to read as follows: 1202. Parking or abandonment of vehicles. (1) No person shall stop, park, or leave standing any vehicle, either attended or unattended, outside of a business or a residential district, upon the paved or improved and main-traveled part of the highway. Nothing contained in this section shall apply to the driver of any vehicle which is disabled while on the paved or improved and main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position, subject, when applicable, to the emergency lighting requirements set forth in Section 230. 24. Part 12, Section 1203, Ski Areas to Install Signs - is hereby deleted. 25. Part 12, Section 1204, Stopping, Standing, or Parking Prohibited in Specified Places - is hereby amended to read as follows: 1204. Stopping, standing, or parking prohibited in specified places. Page 49 of 4167 (1) Except as otherwise provided in subsection (4) of this section, no person shall stop, stand, or park a vehicle, including electric scooters, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or an official traffic control device, in any of the following places 826. Part 12, Section 1205(2) and (3), Parking at Curb or Edge of Roadway - are hereby amended to read as follows: 1205. Parking at curb or edge of roadway. (2) Except as authorized by the City's Traffic Engineer or designee, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway in the direction of authorized traffic movement, with its right-hand wheels within twelve (12") inches of the left-hand shoulder or with its left-hand wheels within twelve (12") of the left-hand curb or as close as practicable to the left edge of the left hand shoulder. (3) The local authority may, through its Traffic Engineer or designee, permit angle parking on any roadway; except that angle parking shall not be permitted on any State highway unless the Colorado Department of Transportation has determined by resolution or order entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. 27. Part 14, Section 1401(1), Reckless Driving "Electric Scooter" - is hereby amended to read as follows: 1401. Reckless driving - penalty. (1) A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low- power scooter in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless driving. A person convicted of reckless driving of a bicycle or electrical assisted bicycle shall not be subject to the provisions of Section 42-2-127, C.R.S. 28. Part 14, Section 1401(2), Reckless Driving — Penalty - is hereby deleted. 29. Part 14, Section 1402, Careless Driving — Penalty - is amended to read as follows: 1402. Careless driving - penalty. (1) A person who drives a motor vehicle, bicycle, electrical assisted bicycle, electric scooter, or low-power scooter in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving. A person convicted of careless driving of a bicycle, or electrical assisted bicycle, or electric scooter shall not be subject to the provisions of C.R.S. §Section 42-2-127, C.R.S. (2)(a)Failed to Yield Right-of-Way to Bicyclist or Other Authorized User in Bicycle Lane Caused Crash is hereby added. Except as otherwise provided in paragraphs (b) and (c) of this subsection (2), any person who violates any provision of this section commits a class 2 misdemeanor traffic offense. Page 50 of 4167 (b) If the person's actions are the proximate cause of bodily injury to another, such person commits a class 1 misdemeanor traffic offense. (c) If the person's actions are the proximate cause of death to another, such person commits a class 1 misdemeanor traffic offense. (3) Failed to Yield Right-of-Way to Bicyclist or Other Authorized User in Bicycle Lane Caused Bodily Injury, is hereby added. (4) A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low- power scooter in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving. A person convicted of careless driving of a bicycle or electrical assisted bicycle shall not be subject to the provisions of Section 42-2-127, C.R.S. (5) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense, but, if the person's actions are the proximate cause of bodily injury or death to another, such person commits a class 1 misdemeanor traffic offense. 30. Part 14, Section 1402.5 Vulnerable Road User is hereby added. 1402.5 Vulnerable road user - prohibition. (1) Definition. As used in this section, unless the context otherwise requires, "vulnerable road user" means: (a) A pedestrian; (b) A person engaged in work upon a roadway or upon utility facilities along a roadway; (c) A person providing emergency services within a right-of-way; (d) A peace officer who is outside a motor vehicle and performing the peace officer's duties in a right-of-way; (e) A person riding or leading an animal; or (f) A person lawfully using any of the following on a public right-of-way, crosswalk, or shoulder of the roadway: (i) A bicycle, electrical assisted bicycle, tricycle, or other pedal- powered vehicle; (ii) A farm tractor or similar vehicle designed primarily for farm use; (iii) A skateboard; (iv) Roller skates; (v) In-line skates; (vi) A scooter; (vii) A moped; Page 51 of 4167 (viii) A motorcycle; (ix) An off-highway vehicle; (x) An animal-drawn, wheeled vehicle; (xi) Farm equipment; (xii) A sled; (xiii) An electric personal assistive mobility device; (xiv) A wheelchair; (xv) A baby stroller; or (xvi) A nonmotorized pull wagon. (2) Prohibition. A person who drives a motor vehicle in violation of Section 1402 of the MTC and whose actions are the proximate cause of serious bodily injury, as defined in Section 1601, to a vulnerable road user commits infliction of serious bodily injury to a vulnerable road user. (3) Violations and penalties. (a) Infliction of serious bodily injury to a vulnerable road user is a class 1 traffic misdemeanor. 31. Part 14, Section 1407.5, Splash Guards (3)(g) - is hereby amended to read as follows: 1407.5.(3) Splash guards - when required. (3) This section does not apply to: (a) Passenger-carrying motor vehicles registered pursuant to Section 42-3- 306(2), C.R.S.; (b) Trucks and truck tractors registered pursuant to Section 42-3-306(4) or (5) C.R.S., having an empty weight of ten thousand pounds or less; (c) Trailers equipped with fenders or utility pole trailers; (d) Vehicles while involved in chip and seal or paving operations or road widening equipment; (e) Truck tractors or converter dollies when used in combination with other vehicles; (f) Vehicles drawn by animals; or (g) Bicycles, electric scooters or electrical assisted bicycles. 32. Sections (1), (2), (4)(a), and (6) of Part 14, Section 1409, Compulsory Insurance - are hereby amended to read as follows: 1409. Compulsory insurance - penalty - legislative intent. (1) No owner of a motor vehicle or low-power scooter required to be registered in this municipality shall operate the vehicle or permit it to be operated on the public Page 52 of 4167 highways of this municipality when the owner has failed to have a complying policy or certificate of self-insurance in full force and effect as required by law. (2) No person shall operate a motor vehicle or low-power scooter on the public highways of this municipality without a complying policy or certificate of self- insurance in full force and effect as required by law. (4) (a) Any person who violates the provision of subsections (1), (2), or (3) of this section commits a traffic offense. (6) No person charged with violating subsections (1), (2), or (3) of this section shall be convicted if he or she produces in court a bona fide complying policy or certificate of self-insurance in full force and effect as required by law at the time of the alleged violation. 33. Part 14, Section 1410.5, Sections (2) and (3), providing false evidence of proof of motor vehicle insurance — penalty - are hereby deleted. 34. Part 14, Section 1412, sections (1) to (13), Operation of bicycles and other human- powered vehicles - are hereby amended as follows: 1412. Operation of bicycles and other human-powered vehicles. (1) Every person riding a bicycle or electrical assisted bicycle or electric scooters shall have all of the rights and duties applicable to the driver of any other vehicle under this Code, except as to special regulations in this Code and except as to those provisions which by their nature can have no application. Said riders shall comply with the rules set forth in this section and Section 221, and, when using streets and highways within incorporated cities and towns, shall be subject to local ordinances regulating the operation of bicycles, electric scooters and electrical assisted bicycles as provided in this Title 11, Chapter 1 and C.R.S. Section 42-4- 111. (2) It is the intent of the general assembly that nothing contained in House Bill No. 1246, enacted at the second regular session of the fifty-sixth general assembly, shall in any way be construed to modify or increase the duty of the department of transportation or any political subdivision to sign or maintain highways or sidewalks or to affect or increase the liability of the state of Colorado or any political subdivision under the "Colorado Governmental Immunity Act," Code 10 of Title 24, C.R.S. (3) No bicycle or electrical assisted bicycle or electric scooters shall be used to carry more persons at one time than the number for which it is designed or equipped. (4) No person riding upon any bicycle or electrical assisted bicycle or electric scooters shall attach the same or himself or herself to any motor vehicle upon a roadway. (5) (a) Any person operating a bicycle or an electrical assisted bicycle or electric scooters upon a roadway at less than the normal speed of traffic shall ride in the right-hand lane, subject to the following conditions: Page 53 of 4167 (i) If the right-hand lane then available for traffic is wide enough to be safely shared with overtaking vehicles, a bicyclist shall ride far enough to the right as judged safe by the bicyclist to facilitate the movement of such overtaking vehicles unless other conditions make it unsafe to do so. (ii) A bicyclist may use a lane other than the right-hand lane when: (A) Preparing for a left turn at an intersection or into a private roadway or driveway; (B) Overtaking a slower vehicle; or (C) Taking reasonably necessary precautions to avoid hazards or road conditions. (iii) Upon approaching an intersection where right turns are permitted and there is a dedicated right-turn lane, a bicyclist may ride on the left-hand portion of the dedicated right-turn lane even if the bicyclist does not intend to turn right. (b) A bicyclist or electric scooter rider shall not be expected or required to: (i) Ride over or through hazards at the edge of a roadway, including but not limited to fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or narrow lanes; or (ii) Ride without a reasonable safety margin on the right-hand side of the roadway. (c) A person operating a bicycle or an electrical assisted bicycle or electric scooters upon a one-way roadway with two or more marked traffic lanes may ride as near to the left-hand curb or edge of such roadway as judged safe by the bicyclist, subject to the following conditions: (i) If the left-hand lane then available for traffic is wide enough to be safely shared with overtaking vehicles, a bicyclist shall ride far enough to the left as judged safe by the bicyclist to facilitate the movement of such overtaking vehicles unless other conditions make it unsafe to do so. (ii) A bicyclist or electric scooter rider shall not be expected or required to: (A) Ride over or through hazards at the edge of a roadway, including but not limited to fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or narrow lanes; or (B) Ride without a reasonable safety margin on the left-hand side of the roadway. Page 54 of 4167 (6) (a) Persons riding bicycles or electrical assisted bicycles or electric scooters upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. (b) Persons riding bicycles or electrical assisted bicycles or electric scooters two abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane. (7) A person operating a bicycle or electrical assisted bicycle or electric scooters shall keep at least one hand on the handlebars at all times. (8) (a) A person riding a bicycle or electrical assisted bicycle or electric scooters intending to turn left shall follow a course described in sections 901(1), 903, and 1007 or may make a left turn in the manner prescribed in paragraph (b) of this subsection (8). (b) A person riding a bicycle or electrical assisted bicycle or electric scooters intending to turn left shall approach the turn as closely as practicable to the right-hand curb or edge of the roadway. After proceeding across the intersecting roadway to the far corner of the curb or intersection of the roadway edges, the bicyclist shall stop, as much as practicable, out of the way of traffic. After stopping, the bicyclist shall yield to any traffic proceeding in either direction along the roadway that the bicyclist had been using. After yielding and complying with any official traffic control device or police officer regulating traffic on the highway along which the bicyclist intends to proceed, the bicyclist may proceed in the new direction. (c) Notwithstanding the provisions of paragraphs (a) and (b) of this subsection (8), the transportation commission and local authorities in their respective jurisdictions may cause official traffic control devices to be placed on roadways and thereby require and direct that a specific course be traveled. (9) (a) Except as otherwise provided in this subsection (9), every person riding a bicycle or electrical assisted bicycle or electric scooters shall signal the intention to turn or stop in accordance with Section 903; except that a person riding a bicycle or electrical assisted bicycle or electric scooters may signal a right turn with the right arm extended horizontally. (b) A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the bicycle or electrical assisted bicycle or electric scooters before turning and shall be given while the bicycle or electrical assisted bicycle or electric scooters is stopped waiting to turn. A signal by hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle or electrical assisted bicycle or electric scooters. (10) (a) A person riding a bicycle or electrical assisted bicycle or electric scooters upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. A person riding a bicycle or electric scooter in a crosswalk shall do so in a manner that is safe for pedestrians. Page 55 of 4167 (b) A person shall not ride a bicycle or electrical assisted bicycle or electric scooters upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk where such use of bicycles or electrical assisted bicycles or electric scooters is prohibited by official traffic control devices or local ordinances. A person riding a bicycle or electrical assisted bicycle or electric scooters shall dismount before entering any crosswalk where required by official traffic control devices or local ordinances. (c) A person riding or walking a bicycle or electrical assisted bicycle or electric scooters upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk shall have all the rights and duties applicable to a pedestrian under the same circumstances, including, but not limited to, the rights and duties granted and required by Section 802. (11) (a) A person may park a bicycle or electrical assisted bicycle or electric scooters on a sidewalk unless prohibited or restricted by an official traffic control device or local ordinance. (b) A bicycle or electrical assisted bicycle or electric scooters parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic. (c) A bicycle or electrical assisted bicycle or electric scooters may be parked on the road at any angle to the curb or edge of the road at any location where parking is allowed. (d) A bicycle or electrical assisted bicycle or electric scooters may be parked on the road abreast of another such bicycle or bicycles or electric scooters near the side of the road or any location where parking is allowed in such a manner as does not impede the normal and reasonable movement of traffic. (e) In all other respects, bicycles or electrical assisted bicycles or electric scooters parked anywhere on a highway shall conform to the provisions of part 12 of this Code regulating the parking of vehicles. (12) (a) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense; except that Section 42-2-127, C.R.S., shall not apply. (b) Any person riding a bicycle or electrical assisted bicycle or electric scooters who violates any provision of this Code other than this section which is applicable to such a vehicle and for which a penalty is specified shall be subject to the same specified penalty as any other vehicle; except that Section 42-2-127, C.R.S., shall not apply. (13) Upon request, the law enforcement agency having jurisdiction shall complete a report concerning an injury or death incident that involves a bicycle or electrical assisted bicycle or electric scooters on the roadways of the state, even if such accident does not involve a motor vehicle. 35. Part 14, Section 1412.5, Local adoption of alternative regulations of bicycles and electric scooters approaching intersections - is hereby added. Page 56 of 4167 1412.5 Alternative regulations of bicycles and electric scooters approaching intersections. (1) The City may adopt an ordinance regarding the following: (a) A person riding a bicycle, electrical assisted bicycle, or electric scooter and approaching an intersection of a roadway with a stop sign shall slow down and, if required for safety, stop before entering the intersection. If a stop is not required for safety, the person shall slow to a reasonable speed and yield the right-of-way to any traffic or pedestrian in or approaching the intersection. After the person has slowed to a reasonable speed and yielded the right-of-way if required, the person may cautiously make a turn or proceed through the intersection without stopping. (b) For purposes of this subsection (1), a reasonable speed is fifteen miles per hour or less. The City, by ordinance, may reduce the maximum reasonable speed at any individual intersection to ten miles per hour or raise the maximum reasonable speed to twenty miles per hour if the City also posts signs at the intersection stating that lower or higher speed limitation. (c) A person riding a bicycle, electrical assisted bicycle, or electric scooter and approaching an intersection of a roadway with an illuminated red traffic control signal shall stop before entering the intersection and shall yield to all other traffic and pedestrians. Once the person has yielded, the person may cautiously proceed in the same direction through the intersection or make a right-hand turn. When a red traffic control signal is illuminated, a person shall not proceed through the intersection or turn right if an oncoming vehicle is turning or preparing to turn left in front of the person. (d) A person riding a bicycle, electrical assisted bicycle, or electric scooter approaching an intersection of a roadway with an illuminated red traffic control signal may make a left-hand turn only if turning onto a one-way street and only after stopping and yielding to other traffic and pedestrians. However, a person shall not turn left if a vehicle is traveling in the same direction as the person and the vehicle is turning or preparing to turn left. If the person is not turning left onto a one-way street, the person shall not make a left-hand turn at an intersection while a red traffic control signal is illuminated. (2) As used in this section: (a) "Electrical assisted bicycle" means the term as it is defined in Appendix — Definitions. 3610. Part 17, Section 1701(3), (4), (5), (6), (7) and (8), Traffic Offenses Classified — Schedule of Fines (regarding fine schedules) - are hereby deleted. 3711. Part 17, Section 1709, Penalty Assessment - is hereby deleted. 3812. Part 17, Section 1710, Failure to Pay Penalty - is hereby deleted. 39. Part 17, Section 1716, Notice to Appear or Pay Fine-Failure to Appear-Penalty - is hereby amended to read as follows: Page 57 of 4167 1716. Notice to appear or pay fine. (1) For the purposes of the provisions of this Title 11, Chapter 1 (MTC) tender by an arresting officer of the summons shall constitute notice to the violator to appear in court or at the Violations Bureau within the times and dates specified on such summons. 40. Part 17, Section 1717, Conviction — Attendance at Driver Improvement School - is amended to read as follows: 1717. Conviction attendance at driver improvement school. (1) Except as otherwise provided in subsection (2) of this section, whenever a person has been convicted of violating any provision of this Code or other law regulating the operation of vehicles on streets or highways, the court, in addition to the penalty provided for the violation or as a condition of either the probation or the suspension of all or any portion of any fine or sentence of imprisonment for a violation other than a traffic infraction, may require the defendant, at the defendant's own expense, if any, to attend and satisfactorily complete a course of instruction at any designated driver improvement school located and operating in the county of the defendant's residence and providing instruction in the traffic laws of this state, instruction in recognition of hazardous traffic situations, and instruction in traffic accident prevention. Such school shall be approved by the court. 41. Part 18, Vehicles Abandoned on Public Property - is hereby deleted in its entirety. CB. Appendix — Definitions, Section 102(42)(c) - is hereby amended to add the following definitions: (10.13) "Bicycle Lane" means a portion of the roadway that has been designated by striping, signage, or pavement markings for the exclusive use of bicyclists and other authorized users of bicycle lanes. "Bicycle Lane" includes an intersection if the bicycle lane is marked on opposite sides of the intersection. (10.25) "Bike Path or Pedestrian Path" means that part of a roadway or separate path designed for or reserved for the exclusive use of pedestrians, bicycles or human powered vehicles. (28.8) "Electric Scooter" means a device weighing less than one hundred pounds, with handlebars and an electric motor that is powered by electric motor and has a maximum speed of twenty miles per hour on a paved level surface when powered solely by the electric motor. Electric scooter does not include an electrical assisted bicycle, EPMAD, motorcycle or low-power scooter. (58) "Motor Vehicle" means any self-propelled vehicle that is designed primarily for travel on the public highways and that is generally and commonly used to transport persons and property over the public highways or a low-speed electric vehicle; except that the term does not include electrical assisted bicycles, low- power scooters, wheelchairs, or vehicles moved solely by human power. (103.5) "Toy Vehicle" Page 58 of 4167 (a) "Toy vehicle" means any vehicle that has wheels and is not designed for use on public highways or for off-road use. (b) "Toy vehicle" includes, but is not limited to, gas-powered or electric- powered vehicles commonly known as mini bikes, "pocket" bikes, kamikaze boards, go-peds, and stand-up scooters. It does not include electric scooters. (c) "Toy vehicle" does not include off-highway vehicles or snowmobiles. 11-1-2: Application and Interpretation of Regulations. A. Application: This Chapter shall apply to every street, alley, sidewalk area, driveway, park and to every other Public Way, or public place, or public parking area, either within or outside the corporate limits of this municipality, the use of which this municipality has jurisdiction and authority to regulate. The provisions of Sections 1401 - careless, 1402 - reckless, 606 - unauthorized signs or devices, and 1413 - eluding of article 1 of the adopted Model Traffic Code, and subsection 11-1-9(B) of this Municipal Code, Investigation Of Traffic Accidents, respectively, concerning reckless driving, careless driving, unauthorized signs or devices, eluding police and accident investigation shall apply not only to public places and ways but also throughout this municipality. B. Interpretation: This Chapter shall be so interpreted and construed as to effectuate its general purpose to conform with the State's uniform system for the regulation of vehicles and traffic. Article and Section headings of the ordinance are adopted. The Model Traffic Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or Section thereof. 11-1-4: Vehicle Emissions. Driving Under Restraint for an Outstanding Judgment. A. It is unlawful for any person to drive a motor vehicle or off-highway vehicle upon any highway of this state with knowledge that the person's license or privilege to drive, either as a resident or a non-resident, is under restraint for an outstanding judgment. Visible Emissions: No owner or operator of any vehicle shall cause or permit to be emitted from any gasoline-powered engine any visible air contaminant(s). Such emissions that are a direct result of cold-engine startup shall be exempt. B. The municipal court shall not waive or reduce the offense's three-point penalty. State Certification Requirements: 1. It is unlawful for any person to drive, stop, park, or for the owner or person in charge of any vehicle to cause or knowingly permit to be driven, stopped or parked on any street or highway within the City, any vehicle which is required under the laws of the State to be inspected pursuant to the Automobile Inspection and Readjustment Program, established pursuant to Sections 42-4-306.5 to 42-4-316, C.R.S., unless such vehicle has been inspected at an authorized inspection station and has attached thereto, in proper position, a valid and unexpired certification of emissions control, as required by the laws of the State. 2. In any prosecution of the provisions of this Section, proof that the vehicle described in the complaint was driven, parked or stopped in violation of this Section, together with Page 59 of 4167 proof that the defendant named in the complaint was at the time of such driving, stopping or parking, a registered owner of the vehicle, shall constitute prima facie evidence that the defendant was the person who drove, parked, stopped or knowingly permitted to be driven, stopped or parked, such unattended vehicle at the place where and for the time which such violation occurred. 11-1-5: Skateboards, Roller Skates, Roller Blades or Roller Skis. A. Definitions Private Property: Any real property not owned by any governmental entity and which no governmental entity has any legal or equitable interest therein. It shall include any private property which is used by the general public for parking purposes. Roller Skates, Roller Blades, Roller Skis: A shoe with small wheels attached to it or a runner made from wood, metal, plastic or similar material attached to a frame usually shaped to fit the sole of a shoe or footwear, with small wheels attached used for gliding or skating on hard surfaces, usually floors, streets, sidewalks, parking lots and similar places. Skateboard: A short, narrow board having a set of usually four (4) roller skate wheels mounted under it. B. This Section shall be in addition to Section 11-1-1 of this Chapter (sections 109 and 1412 of the 1995 Model Traffic Code). B.C. It shall be unlawful for any person to operate or ride a skateboard, roller skates or roller skis in any of the following places: 1. On any public property where signs are posted prohibiting such use, and as prohibited in Section 11-1-1 of this Chapter (sections 109 and 1412 of the 1995 Model Traffic Code). 2. On private property, unless permission has been given by the owner, lessee or person in charge of the property. C.D. Operators of skateboards, roller skates, roller blades or roller skis shall yield the right-of-way to other pedestrians using City sidewalks, and shall not otherwise endanger or interfere with pedestrian traffic on those sidewalks. 11-1-7: Motor Vehicle Noise.1 Assessment of Points. A. Mufflers, Prevention Of Noise: It shall be unlawful for any person to operate, or for the owner to cause or knowingly permit the operation of, any vehicle or combination of vehicles within this Municipality, which vehicle is not equipped with an adequate muffler in constant operation and properly maintained to prevent any unnecessary noise, and no such muffler or exhaust system shall be modified or used with a cutoff, bypass or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that emitted by a muffler of the type 1See Title 6, Chapter 2 of this Code. Page 60 of 4167 originally installed on the vehicle. If a person receives a traffic infraction citation for a violation under this code, and such person pays the fine at the Violations Bureau within 30 days of issuance of the summons, the points assessed for the traffic violation shall be reduced as specified in C.R.S. § 42-2-127(5.5). This section does not otherwise impact prosecutorial or judicial discretion in resolving matters before the Court. 11-1-8: Miscellaneous Road Rules. A. Permits Required For Parades Or Processions: No funeral procession or parade except the forces of the United States Armed Services, the military forces of this State and the forces of the Police and Fire Divisions, shall occupy, march or proceed along any street in this Municipality except in accordance with a permit issued by the Traffic Engineer, and in compliance with such other regulations as are set forth in this Code which may apply. 11-1-9: Traffic Administration. A. Traffic Duties Of Police Division: It shall be the duty of the Police Division to enforce the provisions of this Code and the State vehicle laws applicable to traffic in this Municipality, to make arrests for traffic violations, to investigate traffic accidents, to cooperate with the Traffic Engineer and/or other officials of this Municipality in the administration of this Traffic Code and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed by this Code. B. Investigation Of Traffic Accidents: It shall be the duty of the Police Division to investigate traffic accidents occurring within this Municipality either by investigation at the time of or at the scene of the accident or thereafter by interviewing participants or witnesses, to issue summonses and penalty assessment notices for traffic violations in connection with traffic accidents, and to assist in the prosecution of those persons charged with violations of law or ordinance causing or contributing to accidents. 11-1-10: Penalty. The following penalty shall apply to this Chapter: A. It is unlawful for any person to violate any of the provisions stated or adopted in this Chapter. B. Every person convicted of a traffic violation shall be punished in accordance with Section 1-4-1 of this Code. Section 3. Effective date. If necessary due to software or citation printing, Englewood Municipal Court may delay implementation for a reasonable time of some or all of the provisions above until the Court’s software is configured and/or until new citations are printed. Section 4. General Provisions The following general provisions and findings are applicable to the interpretation and application of this Ordinance: Page 61 of 4167 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. 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. E. Publication. Publication of this Ordinance may be by reference or in full 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. Manuals, Municipal Code, contracts, and other documents approved by reference in any Council Bill may be published by reference or in full on the City’s official website; such documents shall be available at the City Clerk’s office and in the City Council meeting agenda packet when the legislation was adopted. 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 may be necessary to implement the provisions of this Ordinance. 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. Page 62 of 4167 2024 Traffic Code Update Presented By Sergio Renteria, Assistant City Attorney Pa g e 6 3 o f 4 1 6 7 Background •Previously the City adopted the 2020 version of the Model Traffic Code for Colorado. •This year the Colorado Department of Transportation published the updated 2024 Model Traffic Code (MTC)for Colorado. •Based on the 2024 MTC the City Attorney’s Office conducted a review of Title 11,Chapter 1 of the Englewood Municipal Code. Pa g e 6 4 o f 4 1 6 7 Traffic Code •Traffic enforcement requires knowledge of the provisions of the Colorado Revised Statutes,Title 42,which is the state code for vehicles and traffic, and the Model Traffic Code in addition to any changes or modifications that have been made. •The Model Traffic Code and Title 42 are one in the same as the Model Traffic Code is derived from Title 42. •Aligning both sets of rules would alleviate the unnecessary complexity in traffic enforcement for the officers on the road. Pa g e 6 5 o f 4 1 6 7 2024 Model Traffic Code •Drivers that drive within the City of Englewood have a right to expect that the rules of the road are clearly defined and uniform. •The 2024 MTC provides the uniformity that traffic regulations require. •The 2024 MTC incorporates changes to state law that have been made since 2020. •2024 MTC updates include: •Rules for e-bikes. •Adding electric scooter to violations. •Changes to automated vehicle identification section. •Changes to approaching stationary emergency and other vehicles. •Updates to bicyclist, and and other users of bike lanes. •Regulations on bikes approaching an intersection. •General traffic code clean up. Pa g e 6 6 o f 4 1 6 7 Purpose of Adopting 2024 MTC •Legal Compliance •Incorporate Changes that have happened in the last couple of years •Have a Traffic Code that is current Pa g e 6 7 o f 4 1 6 7 Changes to Title 11, Chapter 1 •EMC 11-1-1 •All proposed changes to the Traffic Code are covered by the MTC or other provisions in the code. •The City code currently has duplicate provisions that do not depart from the MTC such as Reckless, Careless Driving and other sections that do not significantly modify the violations found in the MTC. •Except we did find and correct a typo for careless driving Pa g e 6 8 o f 4 1 6 7 Changes to Title 11, Chapter 1 •EMC 11-1-1 •EMC 11-1-1 (B)(4): Duplicative of MTC •EMC 11-1-1 (B)(5): Duplicative of MTC •EMC 11-1-1 (B)(5),(14): Align with current enforcement and situation •EMC 11-1-1 (B)(6): No need to list •EMC 11-1-1(B) (10): Duplicative of MTC •EMC 11-1-1 (B)(11): No reason for removal •EMC 11-1-1 (B)(12): Duplicative of MTC •EMC 11-1-1 (B)(16): No need to list •EMC 11-1-1 (B)(18): Duplicative of MTC •EMC 11-1-1 (B)(19): Duplicative of MTC •EMC 11-1-1 (B)(21): Comply with People v. Hoskin •EMC 11-1-1 (B)(23): Duplicative of MTC •EMC 11-1-1 (B)(34): Duplicative of MTC Pa g e 6 9 o f 4 1 6 7 Changes to Title 11, Chapter 1 •EMC 11-1-4 •Vehicle Emissions Testing is required under C.R.S §42-4-301 -42-4- 317. •Rolling Coal is prohibited under C.R.S. §42-4-314. •Adding Driving Under Restrain for Outstanding Judgment •C.R.S. §42-2-138 (2.5) permits a municipality to enforce violations of Driving Under Restrain for Outstanding Judgment. •People that are pulled over for traffic violations and are restrained for outstanding judgment get a county summons because it cannot be written into municipal court. Pa g e 7 0 o f 4 1 6 7 Other Changes to the Code •EMC 11-1-7 •Removed Motor Vehicle Noise as it is covered by MTC 225. •Adding Assessment of Points for paying ticket under C.R.S. §42-2-127 •Currently for every traffic ticket the City Prosecutor manually looks at each case and provides an offer. •C.R.S. §42-2-127 if a person pays the fine and surcharge for the violation on or before the date the payment is due, the points assessed for the violation are reduced as follows: •For a violation having an assessment of three or more points the points are reduced by two point •For a violation having an assessment of two points the points are reduced by one point Pa g e 7 1 o f 4 1 6 7 Other Changes to the Code •11-1-9 has been removed as it is covered by EMC 1-7A-1 Commencement of Actions •11-1-10 has been removed as it is covered by EMC 1-4-1 General Penalty Pa g e 7 2 o f 4 1 6 7 Outreach •Englewood Municipal Court •Englewood Police Department •City Prosecutor •Transportation Advisory Committee Pa g e 7 3 o f 4 1 6 7 Purpose of Code Change •Clarity and Simplicity •One set of rules •Shorter code is easier to understand and enforce •Legal Clarity •Police Officers can more effectively enforce a concise set of violations •Updating the Traffic Code will provide clearer guidance for everyone •Allows the public to be aware of one set of road rules Pa g e 7 4 o f 4 1 6 7 Questions? Pa g e 7 5 o f 4 1 6 7 1 Model Traffic Code for Colorado Originally adopted in 1952. Subsequently revised in 1962,1966, 1970, 1973, 1974, 1977, 1995, 2003, 2009, 2010, 2020, and 2024 November 2024 Revision 1.0 Colorado Department of Transportation State of Colorado Page 76 of 4167 2 How to Read Statutes Many statutes are straightforward while others can be more complicated. Cross-references, dependent subdivisions, and exceptions to a statute's application can make the meaning difficult to follow. The Texas Legislative Council Guidance for Reading Statutes has been provided to assist the reader with general document comprehension. Read the Entire Heading. The heading establishes how the section fits into the organization of the entire code. Review the Context of the Statute. The statute should be thought of as a unit of law that is part of a series of units of law. The reader shall scan the contents to see what sections precede and follow the section they are reading. If there is a short title section the reader shall review it (typically at the beginning of the chapter or subchapter). Key Verbs Meaning Shall A duty imposed on a person or entity May A privilege or discretionary power Must A condition or a prerequisite Is entitled to A right, as opposed to a discretionary power Shall not / May not A prohibition Focus on Organization and Format. The reader shall assume everything in the statute has meaning, including punctuation and format; therefore, pay close attention for breaks in the statute text. Identify Statute Exceptions. Exceptions are identified by keywords such as "certain," "only," "under," "over," "more than," "less than," "if," and "unless." "And" or "or" connecting a final element to the rest of a series often indicates whether all or only one of the elements of the series are needed to satisfy conditions set by the statute. Do Not Skip Unfamiliar Words. Do not rely solely on common meanings for words that are unclear or unfamiliar. Instead use statutory context and definitions to determine the precise meaning. For example, "person" may differ from its everyday meaning. Thoroughly Read All Cross-Referenced Sections. Legislative drafters use cross-references to other statutory provisions and avoid text repetition. When a cross-reference covers an entire chapter or subchapter, review its table of contents and definitions section to understand the context. Page 77 of 4167 3 Table of Contents Part 1 Traffic Regulation - Generally 101. Short title. 102. Legislative declaration. 103. Scope and effect of C – exceptions to provisions. 104. Adoption of traffic control manual. 105. Local traffic control devices. 106. Who may restrict right to use highways. 107. Obedience to police officers. 108. Public officers to obey provisions - exceptions for emergency vehicles. 109. Low-power scooters, animals, skis, skates, and toy vehicles on highways. 109.5. Low-speed electric vehicles. 109.6. Class B low-speed electric vehicles - effective date - rules. 110. Provisions uniform throughout state. 110.5. Automated vehicle identification systems. 111. Powers of local authorities. 112. Noninterference with the rights of owners of realty. 113. Appropriations for administration of article. 114. Removal of traffic hazards. 115. Information on traffic law enforcement - collection - profiling - annual report - repeal. (Repealed) 116. Restrictions for minor drivers - definitions. 117. Personal mobility devices. Page 78 of 4167 4 Part 2 Equipment 201. Obstruction of view or driving mechanism - hazardous situation. 202. Unsafe vehicles - penalty – identification plates. 203. Unsafe vehicles - spot inspections. 204. When lighted lamps are required. 205. Head lamps on motor vehicles. 206. Tail lamps and reflectors. 207. Clearance and identification. 208. Stop lamps and turn signals. 209. Lamp or flag on projecting load. 210. Lamps on parked vehicles. 211. Lamps on farm equipment and other vehicles and equipment. 212. Spot lamps and auxiliary lamps. 213. Audible and visual signals on emergency vehicles. 214. Visual signals on service vehicles. 215. Signal lamps and devices – additional lighting equipment. 215.5. Signal lamps and devices – street rod vehicles and custom motor vehicles. 216. Multiple-beam road lights. 217. Use of multiple-beam lights. 218. Single-beam road-lighting equipment. 219. Number of lamps permitted. 220. Low-power scooters – lighting equipment - department control - use and operation. 221. Bicycle and personal mobility device equipment. 222. Volunteer firefighters – volunteer ambulance attendants – special lights and alarm systems. 223. Brakes. 224. Horns or warning devices. 225. Mufflers - prevention of noise. Page 79 of 4167 5 226. Mirrors - exterior placements. 227. Windows unobstructed – certain materials prohibited – windshield wiper requirements. 228. Restrictions on tire equipment. 229. Safety glazing material in motor vehicles. 230. Emergency lighting equipment - who must carry. 231. Parking lights. 232. Minimum safety standards for motorcycles and low-power scooters. 233. Alteration of suspension system. 234. Slow-moving vehicles - display of emblem. 235. Minimum standards for commercial vehicles 236. Child restraint systems required - definitions - exemptions. 237. Safety belt systems – mandatory use - exemptions - penalty. 238. Blue and red lights - illegal use or possession. 239. Misuse of a wireless telephone - definitions - penalty - preemption. 240. Low-speed electric vehicle equipment requirements. Part 3 Emissions Inspection (Omitted) Part 4 Diesel Inspection Program (Omitted) Part 5 Size - Weight - Load 501. Size and weight violations - penalty. 502. Width of vehicles. 503. Projecting loads on passenger vehicles. Page 80 of 4167 6 504. Height and length of vehicles. 505. Longer vehicle combinations. 506. Trailers and towed vehicles. 507. Wheel and axle loads. 508. Gross weight of vehicles and loads. 509. Vehicles weighed – excess removed. 510. Permits for excess size and weight and for manufactured homes - rules. 511. Permit standards - state and local. 511.2. Authority for cooperative agreements with regional states on excess size or weight vehicles - regulations. 512. Liability for damage to highway. Part 6 Signals - Signs - Markings 601. Department to sign highways, where. 602. Local traffic control devices. 603. Obedience to official traffic control devices. 604. Traffic control signal legend. 605. Flashing signals. 606. Display of unauthorized signs or devices. 607. Interference with official devices. 608. Signals by hand or signal device. 609. Method of giving hand and arm signals. 610. Unauthorized insignia. 611. Paraplegic persons or persons with disabilities - distress flag. 612. When signals are inoperative or malfunctioning. 613. Failure to pay toll established by regional transportation authority. 614. Designation of highway maintenance, repair, or construction zones - signs - increase in penalties for speeding violations. Page 81 of 4167 7 615. School zones - increase in penalties for moving traffic violations. 616. Wildlife crossing zones - increase in penalties for moving traffic violations. 617. Steep downhill grade zones – increase in penalties and surcharges for speeding violations – definitions. Part 7 Rights-Of-Way 701. Vehicles approaching or entering intersection. 702. Vehicle turning left. 703. Entering through highway – stop or yield intersection. 704. Vehicle entering roadway. 705. Operation of vehicle approached by emergency vehicle – operation of vehicle approaching stationary emergency vehicle. 706. Obedience to railroad signal. 707. Certain vehicles must stop at railroad grade crossings. 708. Moving heavy equipment at railroad grade crossing. 709. Stop when traffic obstructed. 710. Emerging from or entering alley, driveway, or building. 711. Driving on mountain highways. 712. Driving in highway work area. 713. Yielding right-of-way to transit buses - definitions - penalty. 714. Bicyclist or other authorized user in bicycle lane. 715. Yielding right-of-way in roundabouts – definitions. Part 8 Pedestrians 801. Pedestrian obedience to traffic control devices and traffic regulations. 802. Pedestrians’ right-of-way in crosswalks. 803. Crossing at other than crosswalks. 804. Pedestrian to use right half of crosswalk. (Repealed) 805. Pedestrians walking or traveling in a wheelchair on highways. Page 82 of 4167 8 806. Driving through safety zone prohibited. 807. Drivers to exercise due care. 808. Drivers and pedestrians, other than persons in wheelchairs, to yield to persons with disabilities. Part 9 Turning - Stopping 901. Required position and method of turning. 902. Limitations on turning around. 903. Turning movements and required signals. Part 10 Driving - Overtaking - Passing 1001. Drive on right side - exceptions. 1002. Passing oncoming vehicles. 1003. Overtaking a vehicle on the left. 1004. When overtaking on the right is permitted. 1005. Limitations on overtaking on the left. 1006. One-way roadways and rotary traffic islands. 1007. Driving on roadways laned for traffic. 1008. Following too closely. 1008.5. Crowding or threatening bicyclist. 1009. Coasting prohibited. 1010. Driving on divided or controlled access highways. 1011. Use of runaway vehicle ramps. 1012. High occupancy vehicle (HOV) and high occupancy toll (HOT) lanes. 1013. Passing lane - definitions - penalty. Part 11 Speed Regulations 1101. Speed limits. 1102. Altering of speed limits. Page 83 of 4167 9 1103. Minimum speed regulation. 1104. Speed limits on elevated structures. 1105. Speed contests - speed exhibitions - aiding and facilitating – immobilization of motor vehicle - definitions. Part 12 Parking 1201. Starting parked vehicle. 1202. Parking or abandonment of vehicles. 1203. Ski areas to install signs. 1204. Stopping, standing, or parking prohibited in specified places. 1205. Parking at curb or edge of roadway. 1206. Unattended motor vehicle. 1207. Opening and closing vehicle doors. 1208. Parking privileges for persons with disabilities - applicability. 1209. Owner liability for parking violations. 1210. Designated areas on private property for authorized vehicles. 1211. Limitations on backing. 1212. Pay parking access for disabled. Part 13 Alcohol And Drug Offenses (Omitted) Part 14 Other Offenses 1401. Reckless driving - penalty. 1402. Careless driving - penalty. 1402.5. Vulnerable road user – prohibition – violations and penalties – definition. 1403. Following fire apparatus prohibited. 1404. Crossing fire hose. Page 84 of 4167 10 1405. Riding in trailers. 1406. Foreign matter on highway prohibited. 1407. Spilling loads on highways prohibited - prevention of spilling of aggregate, trash, or recyclables. 1407.5. Splash guards - when required. 1408. Operation of motor vehicles on property under control of or owned by parks and recreation districts. 1409. Compulsory insurance - penalty - legislative intent. 1410. Proof of financial responsibility required - suspension of license. 1411. Use of earphones while driving. 1412. Operation of bicycles and other human-powered vehicles. 1412.5. Statewide regulation of certain persons approaching intersections who are not operating motor vehicles – status of existing local ordinance or resolution – legislative declaration - definitions. 1413. Eluding or attempting to elude a police officer. 1414. Use of dyed fuel on highways prohibited. 1415. Radar jamming devices prohibited - penalty. Part 15 Motorcycles 1501. Traffic laws apply to persons operating motorcycles – special permits. 1502. Riding on motorcycles – protective helmet. 1503. Operating motorcycles on roadways laned for traffic. 1504. Clinging to other vehicles. Part 16 Accidents And Accident Reports (Omitted) Part 17 Penalties And Procedure 1701. Traffic offenses and infractions classified - penalties – penalty and surcharge schedule - repeal. 1702. Alcohol- or drug-related traffic offenses - collateral attack. Page 85 of 4167 11 1703. Parties to a crime. 1704. Offenses by persons controlling vehicles. 1705. Person arrested to be taken before the proper court. 1706. Juveniles - convicted – arrested and incarcerated - provisions for confinement. 1707. Summons and complaint or penalty assessment notice for misdemeanors, petty offenses, and misdemeanor traffic offenses - release - registration. 1708. Traffic infractions - proper court for hearing, burden of proof - appeal - collateral attack. 1709. Penalty assessment notice for traffic infractions - violations of provisions by officer - driver’s license. 1710. Failure to pay penalty for traffic infractions - failure of parent or guardian to sign penalty assessment notice - procedures. 1711. Compliance with promise to appear. 1712. Procedure prescribed not exclusive. 1713. Conviction record inadmissible in civil action. 1714. Traffic violation not to affect credibility of witness. 1715. Convictions, judgments, and charges recorded – public inspection. 1716. Notice to appear or pay fine – failure to appear - penalty. 1717. Conviction - attendance at driver improvement school - rules. 1718. Electronic transmission of data - standards. 1719. Violations - commercial driver’s license - compliance with federal regulation. Part 18 Vehicles Abandoned On Public Property 1801. Legislative declaration. 1802. Definitions. 1803. Abandonment of motor vehicles - public property. 1804. Report of abandoned motor vehicles - owner’s opportunity to request hearing. 1805. Appraisal of abandoned motor vehicles - sale. 1806. Liens upon towed motor vehicles. 1807. Perfection of lien. Page 86 of 4167 12 1808. Foreclosure of lien. 1809. Proceeds of sale. 1810. Transfer and purge of certificates of title. 1811. Penalty. 1812. Exemptions. 1813. Local regulations. 1814. Violation of motor vehicle registration or inspection laws – separate statutory provision. Part 19 School Bus Requirements 1901. School buses - equipped with supplementary brake retarders. 1902. School bus drivers - special training required. 1903. School buses - stops - signs - passing. 1904. Regulations for school buses – regulations on discharge of passengers - penalty - exception. Page 87 of 4167 13 Appendices Definitions PART A. Instructions for adopting the model traffic code by reference PART B. Specimen ordinance for adopting model traffic code by reference PART C. Specimen notice of hearing PART D. Specimen certification – posting of notice PART E. Instructions for amending Model Code previously adopted by reference PART F. Listing of amendments for updating previous editions of the Model Traffic Code adopted by reference PART G. Specimen certification of Model Code Why a Model Traffic Code? Page 88 of 4167 14 Forward Because of the significant mobility of today’s traffic and the influx of motorists from many areas, every driver has a right to expect the rules governing the movement of vehicles and pedestrians on streets and highways are clearly defined and reasonably uniform throughout the state and the nation. The General Assembly of the State of Colorado has recognized that conflicts between the state’s traffic laws and municipal traffic ordinances lead to inconsistencies in the movement of traffic and has strengthened the requirements for uniformity of traffic regulations in the following terms: “This article constitutes the uniform traffic code throughout the state and in all political subdivisions and municipalities therein”. (Source: 42-4-110(1)) “All local authorities may, in the manner prescribed in article 16 of title 31, or in article 15 of title 30, adopt by reference all or any part of a model traffic code which embodies the rules of the road and vehicle requirements set forth in this article and such other additional regulations as are provided for in section 42-4-111; except that, in the case of state highways, any such additional regulations shall have the approval of the department of transportation”. (Source: 42-4-110(1)(b)) “No local authority shall adopt, enact, or enforce on any street which is a state highway any ordinance, rule, or resolution which alters or changes the meaning of the “rules of the road” or is otherwise in conflict with the provisions of this article. For the purpose of this section, the “rules of the road” shall be construed to mean any of the regulations on the operation of vehicles set forth in this article which drivers throughout the state are required to obey without the benefit or necessity of official traffic control devices as declared in section 42-4-603(2).” (Source: 42-4-110(1)(c)) These provisions leave little doubt that the basic driving rules are expected to be uniform statewide for the protection of Colorado drivers and pedestrians. If state laws and local government traffic codes are to serve their purpose they must complement one another and be given the widest possible publicity as companion documents. The National Committee on Uniform Traffic Laws and Ordinances points out that it is not the proper purpose of traffic legislation to impose unnecessary or unreasonable restrictions on street or highway traffic, but to ensure, as far as this can be done by law and its enforcement, that traffic shall move smoothly, efficiently and safely; that no legitimate user of the street or highway, whether in a vehicle or on foot, shall be killed, injured or frustrated in such use by the improper behavior of others. Through the cooperative efforts of both state and local governments, the “Model Traffic Code for Colorado” has been developed to make available a specimen set of motor vehicle and traffic regulations that track state law. Section 42-4-105, states that all traffic control devices placed or maintained by local authorities shall conform to the most recent edition of the federal “Manual on Uniform Traffic Control Devices” (MUTCD) and the state supplement thereto. Traffic regulatory areas preempted by state law have not been made part of the Code. Local governments are urged to bring their traffic ordinances into harmony with the current Code. Local governments that adopt the Code by reference are cautioned not to make any changes or additions which are in conflict with state law. However, the adopting local governments are at liberty to delete any parts, articles, or sections which are deemed to be inapplicable. A specimen ordinance and specimen public notices for adopting the Code by reference will be found in the Appendix. The following official state documents work in tandem to provide a uniform system of traffic regulation and accepted traffic engineering practices for greater operational efficiency and safety: Page 89 of 4167 15 ● Colorado Revised Statutes (C.R.S.), Title 42, Article 4 - Uniform traffic code for the State of Colorado. Updated periodically to correlate with national model legislation. ● Model Traffic Code for Colorado – Model ordinance embodies provisions of Colorado Law applicable to driving in municipalities and counties in a form that can be adopted by reference. ● Colorado Drivers Manual – Drivers’ handbooks authorized by Colorado statute. Issued by the Colorado Department of Revenue (Division of Motor Vehicles). Traffic control text and illustrations developed by the Colorado Department of Transportation. ● Manual on Uniform Traffic Control Devices (MUTCD) – Manual of Federal Highway Administration approved traffic control devices. Updated periodically and adopted by the Transportation Commission as required by Colorado Law. Page 90 of 4167 16 Part 1 Traffic Regulation – Generally 101. Short title. 102. Legislative declaration. 103. Scope and effect of Code – exceptions to provisions. (1) This Code constitutes the model traffic code throughout this jurisdiction. (2) The provisions of this Code relating to the operation of vehicles and the movement of pedestrians refer exclusively to the use of streets and highways except: (a) Where a different place is specifically referred to in a given section; (b) For provisions of sections 1401, 1402 and 1413 of this Code which shall apply upon streets and highways and elsewhere throughout the jurisdiction. 104. Adoption of traffic control manual. - See Appendices Part A. 105. Local traffic control devices. Local authorities shall place and maintain such traffic control devices upon highways under their jurisdiction as they may deem necessary to indicate and to carry out the provisions of this Code or local traffic ordinances or to regulate, warn, or guide traffic, subject in the case of state highways to the provisions of sections 42-4-110 and 43-2-135(1)(g). All such traffic control devices shall conform to the state manual and specifications for statewide uniformity as provided in section 42- 4-104. 106. Who may restrict right to use highways. (1) Local authorities with respect to highways under their jurisdiction may by ordinance or resolution prohibit the operation of vehicles upon any such highway or impose restrictions as to the weight of vehicles to be operated upon any such highway, for a total period of not to exceed ninety days in any one calendar year, whenever any said highway by reason of deterioration, rain, snow, or other climatic conditions will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weights thereof reduced. (2) After enacting any such ordinance signs designating the permissible weights shall be erected and maintained. (3) Local authorities, with respect to highways under their jurisdiction, may also, by ordinance or resolution: (a) Prohibit the operation of trucks or commercial vehicles on designated highways; Page 91 of 4167 17 (b) Impose limitations as to the weight of trucks or commercial vehicles if the limitations are designated by appropriate signs placed on the highway; (c) Prohibit the operation of motor or off-highway vehicles upon a roughed-in road when necessary for the protection and safety of the public; or (d)(I) When snow-packed conditions exist on a highway or for a continuous seasonal period designated by the local authority when snow-packed conditions are, as determined by the local authority, likely to exist on a highway, designate all or a portion of a highway for over- snow use only, which the local jurisdiction may further limit to travel by human-powered or animal-powered means, or both. (II) As used in this subsection (3)(d), “over-snow use” means travel on top of snow by human-powered or animal-powered means or by an off-highway vehicle that is primarily designed or altered for use over snow and runs without tires on a continuous belt track or on one or more skis while in use over snow. (III) Nothing in this subsection (3)(d) affects or limits the provisions of section 33-14-110 governing the operation of snowmobiles on any county road, city street, or highway. (IV) When wheeled winter access is requested along a highway, nothing in this subsection (3)(d) prohibits a local authority from entering into private winter maintenance agreements and such requests shall be considered. (4) The department of transportation shall likewise have authority as granted in this section to local authorities to determine by resolution and to impose restrictions as to the weight of vehicles operated upon any highway under the jurisdiction of said department, and such restrictions shall be effective when signs giving notice thereof are erected upon the highways or portion of any highway affected by such resolution. (4.5)(a) The department of transportation has authority to close any portion of a state highway to public travel. (b)(I) A person who operates a motor vehicle or vehicle combination over thirty-five feet in length on state highway 82 between mile markers 47 and 72 in violation of a closure under paragraph (a) of this subsection (4.5) is subject to an enhanced penalty as set forth in section 1701(4)(a)(I)(F). (II) A person who operates a motor vehicle or vehicle combination over thirty-five feet in length on state highway 82 between mile markers 47 and 72 in violation of a closure under paragraph (a) of this subsection (4.5) where the result of the violation is an incident that causes the closure of a travel lane in one or both directions, is subject to an enhanced penalty as set forth in section 1701(4)(a)(I)(F). (5)(a)(I)(A) The department of transportation may close any portion of a state highway for public use during dangerous driving conditions, during construction or maintenance operations, or when necessary for the protection and safety of the public. Page 92 of 4167 18 (B) When icy or snow-packed conditions exist on the highway, the department of transportation may restrict travel on or use of any portion of a state highway by any motor vehicle unless the motor vehicle is equipped with the following: Tire chains or an alternate traction device; four-wheel drive with tires that have a tread depth of at least three sixteenths of an inch and that are adequate for the conditions; all-wheel drive with tires that have a tread depth of at least three sixteenths of an inch and that are adequate for the conditions; or tires that are imprinted by a manufacturer with a mountain-snowflake, “MS”, “M+S”, or “M/S” symbol or that are all-weather rated by the manufacturer and that have a tread depth of at least three sixteenths of an inch. (C) A closure or restriction under this subsection (5) is effective when signs, including temporary or electronic signs, that notify the public of the closure or restriction are erected upon the highway, and the restriction in subsection (5)(a)(I)(B) of this section is effective on interstate 70 between milepost 133 (Dotsero) and milepost 259 (Morrison) from September 1 through May 31 of each year. It is unlawful to proceed when a state highway is closed or to proceed when a restriction is in effect without the equipment required by this subsection (5). (D) The Colorado state patrol shall cooperate with the department of transportation in the enforcement of a closing or restriction under this subsection (5). (E) The driver of a commercial vehicle with four or more drive wheels, other than a bus, shall affix tire chains to at least four of the drive wheel tires when the vehicle is required to be equipped with tire chains under this subsection (5). The driver of a bus shall affix tire chains to at least two of the drive wheel tires when the vehicle is required to be equipped with tire chains under this subsection (5). (F) A person who violates this subsection (5)(a)(I) commits a traffic infraction and is subject to the penalties in section 42-4-1701(4)(a)(I)(F). (II) Any person who operates a motor vehicle in violation of restrictions imposed by the department of transportation or the state patrol under subparagraph (I) of this paragraph (a), where the result of the violation is an incident that causes the closure of a travel lane in one or both directions, shall be subject to an enhanced penalty as set forth in section 42- 4-1701 (4)(a)(I)(F). (III) A person who violates subparagraph (I) of this paragraph (a) while operating a commercial vehicle shall be subject to an enhanced penalty as set forth in section 42-4- 1701(4)(a)(I)(F). (IV) A person who violates subparagraph (I) of this paragraph (a) while operating a commercial vehicle and the violation causes a closure in a travel lane shall be subject to an enhanced penalty as set forth in section 42-4-1701(4)(a)(I)(F). (V) If a fine is enhanced under subparagraphs (III) and (IV) of this paragraph (a), the portion of the fine that exceeds the fine imposed under subparagraph (I) for an enhancement under subparagraph (III), or subparagraph (II) for an enhancement under subparagraph (IV), that is allocated to the state by sections 42-1-217 and 43-4-205 shall be transferred to the state treasurer, who shall deposit it in the highway construction workers’ safety account within the highway users tax fund created by section 42-4-1701 (4)(c)(II)(B), to be continuously Page 93 of 4167 19 appropriated to the department of transportation for work zone safety equipment, signs, and law enforcement. (VI) Subparagraphs (III) and (IV) of this paragraph (a) shall not apply to a tow operator who is towing a motor vehicle or traveling to a site from which a motor vehicle shall be towed. (VII) The Colorado department of transportation shall identify an appropriate place for commercial vehicles to apply chains, if necessary, to comply with subparagraph (I) of this paragraph (a) and provide adequate notice to commercial vehicle operators of such places. (b) The transportation commission may promulgate rules to implement the provisions of this subsection (5). (c) As used in this subsection (5): (I) “Alternate traction device” means a device that is approved by the Colorado department of transportation as capable of providing traction comparable to that of metal chains or tire cables under similar conditions. (II) “Equipped” means that a motor vehicle uses or carries the appropriate traction equipment for icy or snow-packed conditions. (III) “Tire chains” means metal chains consisting of two circular metal loops, one on each side of the tire, connected by no fewer than nine evenly spaced chains across the tire tread. (6)(a) Local authorities may, within their respective jurisdictions, for the purpose of road construction and maintenance, temporarily close to through traffic or to all vehicular traffic any highway or portion thereof for a period not to exceed a specified number of workdays for project completion and shall, in conjunction with any such road closure, establish appropriate detours or provide for an alternative routing of the traffic affected when, in the opinion of concerned local authorities, as evidenced by resolution or ordinance, such temporary closing of the highway or portion thereof and the rerouting of traffic is necessary for traffic safety and for the protection of work crews and road equipment. Such temporary closing of the highway or portion thereof and the routing of traffic along other roads shall not become effective until official traffic control devices are erected giving notice of the restrictions, and, when such devices are in place, no driver shall disobey the instructions or directions thereof. (b) Local authorities, within their respective jurisdictions, may provide for the temporary closing to vehicular traffic of any portion of a highway during a specified period of the day for the purpose of celebrations, parades, and special local events or civil functions when in the opinion of said authorities such temporary closing is necessary for the safety and protection of persons who are to use that portion of the highway during the temporary closing. (c) Local authorities shall enter in to agreements with one another for the establishment, signing and marking of appropriate detours and alternative routes which jointly affect local road systems and which are necessary to carry out the provisions of paragraphs (a) and (b) of this subsection (6). Any temporary closing of the street which is a state highway and any Page 94 of 4167 20 rerouting of state highway traffic shall have the approval of the department before such closing becomes effective. (7) A person who violates any provision of this section commits a class B traffic infraction. 107. Obedience to police officers. No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control, or regulate traffic. Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense. 108. Public officers to obey provisions - exceptions for emergency vehicles. (1) The provisions of this Code applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, this state, or any county, city, town, district, or other political subdivision of the state, subject to such specific exceptions as are set forth in this Code with reference to authorized emergency vehicles. (2) The driver of an authorized emergency vehicle, when responding to an emergency call, or when in pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions stated in this Code. The driver of an authorized emergency vehicle may: (a) Park or stand, irrespective of the provisions of this Code or State law; (b) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; (c) Exceed the lawful speeds set forth in section 1101 (2) or exceed the maximum lawful speed limits set forth in section 1101 (8) so long as said driver does not endanger life or property; (d) Disregard regulations governing directions of movement or turning in specified directions. (3) The exemptions and conditions provided in paragraphs (b) to (d), in their entirety, of subsection (2) of this section for an authorized emergency vehicle shall apply only when such vehicle is making use of audible or visual signals meeting the requirements of section 213, and the exemption granted in paragraph (a) of subsection (2) of this section shall apply only when such vehicle is making use of visual signals meeting the requirements of section 213 unless using such visual signals would cause an obstruction to the normal flow of traffic; except that an authorized emergency vehicle being operated as a police vehicle while in actual pursuit of a suspected violator of any provision of this title need not display or make use of audible or visual signals so long as such pursuit is being made to obtain verification of or evidence of the guilt of the suspected violator. Nothing in this section shall be construed to require an emergency vehicle to make use of audible signals when such vehicle is not moving, whether or not the vehicle is occupied. (4) The provisions of this section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions Page 95 of 4167 21 protect the driver from the consequences of such driver’s reckless disregard for the safety of others. 109. Low-power scooters, animals, skis, skates, and toy vehicles on highways. (1) A person riding a low-power scooter upon a roadway where low-power scooter travel is permitted shall be granted all of the rights and shall be subject to all of the duties and penalties applicable to the driver of a vehicle as set forth in this Code except those provisions of this Code that, by their very nature, can have no application. (2) A person riding a low-power scooter shall not ride other than upon or astride a permanent and regular seat attached thereto. (3) No low-power scooter shall be used to carry more persons at one time than the number for which it is designed and equipped. (4) No person riding upon any low-power scooter, coaster, roller skates, sled, or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway. (5) A person operating a low-power scooter upon a roadway shall ride as close to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. (6) Persons riding low-power scooters upon a roadway shall not ride more than two abreast. (6.5) A person under the age of eighteen years may not operate or carry a passenger who is under eighteen years of age on a low-power scooter unless the person and the passenger are wearing protective helmets in accordance with the provisions of section 1502 (4.5) of this Code. (7) For the sake of uniformity and bicycle, electrical assisted bicycle, electric scooter, and low- power scooter safety throughout the state, the department of revenue in cooperation with the department of transportation shall prepare and make available to all local jurisdictions for distribution to bicycle, electrical assisted bicycle, electric scooter and low-power scooter riders a digest of state regulations explaining and illustrating the rules of the road, equipment requirements, and traffic control devices that are applicable to the riders and their bicycles, electrical assisted bicycles, electric scooters, or low-power scooters. Local authorities may supplement this digest with a leaflet describing any additional regulations of a local nature that apply within their respective jurisdictions. (8) Persons riding or leading animals on or along any highway shall ride or lead such animals on the left side of said highway, facing approaching traffic. This shall not apply to persons driving herds of animals along highways. (9) No person shall use the highways for traveling on skis, toboggans, coasting sleds, skates, or similar devices. It is unlawful for any person to use any roadway of this state as a sled or ski course for the purpose of coasting on sleds, skis, or similar devices. It is also unlawful for any person upon roller skates or riding in or by means of any coaster, toy vehicle, or similar device to go upon any roadway except while crossing a highway in a crosswalk, and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to Page 96 of 4167 22 pedestrians. This subsection (9) does not apply to any public way which is set aside by proper authority as a play street and which is adequately roped off or otherwise marked for such purpose or to any highway or portion of a highway designated for over-snow use only by a local authority pursuant to section 42-4-106(3)(d). (10) Every person riding or leading an animal or driving any animal-drawn conveyance upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Code, except those provisions of this Code which by their very nature can have no application. (11) Where suitable bike paths, horseback trails, or other trails have been established on the right-of-way or parallel to and within one-fourth mile of the right-of-way of heavily traveled streets and highways, the department of transportation may, subject to the provisions of section 43-2-135, by resolution or order entered in its minutes, and local authorities may, where suitable bike paths, horseback trails, or other trails have been established on the right-of-way or parallel to it within four hundred fifty feet of the right-of-way of heavily traveled streets, by ordinance, determine and designate, upon the basis of an engineering and traffic investigation, those heavily traveled streets and highways upon which shall be prohibited any bicycle, electrical assisted bicycle, electric scooter, animal rider, animal-drawn conveyance, or other class or kind of nonmotorized traffic that is found to be incompatible with the normal and safe movement of traffic, and, upon such a determination, the department of transportation or local authority shall erect appropriate official signs giving notice of the prohibition; except that, with respect to controlled access highways, section 1010(3) applies. When the official signs are erected, a person shall not violate any of the instructions contained on the official signs. (12) The parent of any child or guardian of any ward shall not authorize or knowingly permit any child or ward to violate any provision of this section. (13)(a) Except as otherwise provided in paragraph (b) of this subsection (13), any person who violates a provision of this section commits a class B traffic infraction. (b) Any person who violates subsection (6.5) of this section commits a class A traffic infraction. 109.5. Low-speed electric vehicles. (1)(a) A low-speed electric vehicle may be operated only on a roadway that has a speed limit equal to or less than thirty-five miles per hour; except that it may be operated to directly cross a roadway that has a speed limit greater than thirty-five miles per hour at an at-grade crossing to continue traveling along a roadway with a speed limit equal to or less than thirty-five miles per hour. (b) Notwithstanding paragraph (a) of this subsection (1), a low-speed electric vehicle may be operated on a state highway that has a speed limit equal to forty miles per hour or cross a roadway with a speed limit equal to forty miles per hour to cross at-grade, if: (I) Such roadway's lane width is eleven feet or greater; (II) Such roadway provides two or more lanes in either direction; and Page 97 of 4167 23 (III) The Colorado department of transportation has determined, in consultation with local government and law enforcement, upon the basis of a traffic investigation, survey, appropriate design standards, or projected volumes, that the operation of a low-speed electric vehicle on the roadway poses no substantial safety risk or hazard to motorists, bicyclists, pedestrians, or other persons. (2) No person shall operate a low-speed electric vehicle on a limited-access highway. (3) Any person who violates subsection (1) or (2) of this section commits a class B traffic infraction. 109.6. Class B low-speed electric vehicles - effective date - rules. (1) A class B low speed electric vehicle may be operated only on a roadway that has a speed limit equal to or less than forty-five miles per hour; except that it may be operated to directly cross a roadway that has a speed limit greater than forty-five miles per hour at an at-grade crossing to continue traveling along a roadway with a speed limit equal to or less than forty-five miles per hour. (2) No person shall operate a class B low speed electric vehicle on a limited-access highway. (3) Any person who violates subsection (1) or (2) of this section commits a class B traffic infraction. (4) For the purposes of this section, “class B low-speed electric vehicle” means a low-speed electric vehicle that is capable of traveling at greater than twenty-five miles per hour but less than forty-five miles per hour. (5)(a) The department of revenue shall not register or issue a title for a class B low-speed electric vehicle until after the United States department of transportation, through the national highway traffic safety administration, has adopted a federal motor vehicle safety standard for low-speed electric vehicles that authorizes operation at greater than twenty-five miles per hour but less than forty-five miles per hour. (b) After the United States department of transportation, through the national highway traffic safety administration, has adopted a federal motor vehicle safety standard for low-speed electric vehicles that authorizes operation at greater than twenty-five miles per hour but less than forty-five miles per hour, the department of revenue shall promulgate rules authorizing the operation of class B low-speed electric vehicles in compliance with this section and shall notify the revisor of statutes in writing. Upon the promulgation of rules authorizing the operation of such vehicles, subsections (1) to (3) of this section shall take effect. (6) The Colorado department of transportation may regulate the operation of a class B low-speed electric vehicle on a state highway located outside of a municipality. The regulation shall take effect when the Colorado department of transportation places an appropriate sign that provides adequate notice of the regulation. Page 98 of 4167 24 110. Provisions uniform throughout jurisdiction. (1) The provisions of this Code shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein. Local governments shall regulate and enforce all traffic and parking restrictions on streets which are state highways as provided in section 43-2- 135(1)(g). All local authorities may enact and enforce traffic regulations on other roads and streets within their respective jurisdictions. All such regulations shall be subject to the following conditions and limitations: (a) All local governments may enact, adopt, or enforce traffic regulations which cover the same subject matter as the various sections of this Code or state law and such additional regulations as are included in section 111, except as otherwise stated in paragraphs (c) to (e) of this subsection (1). (b) All local authorities may, in the manner prescribed in article 16 of title 31 or in article 15 of title 30 adopt by reference all or any part of a model traffic code which embodies the rules of the road and vehicle requirements set forth in this article and such additional regulations as are provided for in section 111; except that in the case of state highways, any such additional regulation shall have the approval of the department of transportation. (c) No local authority shall adopt, enact, or enforce on any street which is a state highway any ordinance, rule, or resolution which alters or changes the meaning of any of the “rules of the road” or is otherwise in conflict with the provisions of this article. For the purpose of this section, the “rules of the road” shall be construed to mean any of the regulations on the operation of vehicles set forth in this article which drivers throughout the state are required to obey without the benefit or necessity of official traffic control devices as declared in section 603(2). (d) In no event shall local authorities have the power to enact by ordinance regulations governing the driving of vehicles by persons under the influence of alcohol or of a controlled substance as defined in section 18-18-102(5), or under the influence of any other drug to a degree that renders any such person incapable of safely operating a vehicle, or whose ability to operate a vehicle is impaired by the consumption of alcohol or by the use of a controlled substance as defined in section 18-18-102(5), or any other drug, the registration of vehicles and the licensing of drivers, the duties and obligations of persons involved in traffic accidents, and vehicle equipment requirements in conflict with the provisions of this article; but said local authorities within their respective jurisdictions shall enforce the state laws pertaining to these subjects, and in every charge of violation the complaint shall specify the section of state law under which the charge is made and the state court having jurisdiction. (2) The municipal courts have jurisdiction over violations of traffic regulations enacted or adopted by municipalities. However, the provisions of sections 42-4-1701, 42-4-1705, and 42-4-1707 shall not be applicable to municipalities. (3) No person convicted of or pleading guilty to a violation of a municipal traffic ordinance shall be charged or tried in a state court for the same or similar offense. Page 99 of 4167 25 (4)(a) Any local government located within the program area of the AIR program area as defined in section 304 may adopt ordinances or resolutions pertaining to the enforcement of the emissions control inspection requirements set forth in section 310. (b) An officer coming upon an unattended vehicle in the program area which is in apparent violation of an ordinance or resolution adopted as authorized in paragraph (a) of this subsection (4) may place upon such a vehicle a penalty assessment notice indicating the offense and direction the owner or operator of such vehicle a penalty assessment notice indicating the offense and directing the owner or operator of such vehicle to remit the penalty assessment as set forth in such ordinance to the local jurisdiction in whose name the penalty assessment notice was issued. (c) The aggregate amount of fines, penalties, or forfeitures collected pursuant to ordinances or resolutions adopted as authorized in paragraph (a) of this subsection (4) shall be retained by the local jurisdiction in whose name such penalty notice was issued. (5) The general assembly declares that the adjudication of class A and class B traffic infractions through the county court magistrate system was not intended to create a conflict between the provisions of this article and municipal ordinances covering the same subject matter as this article nor was it intended to require or prohibit the decriminalization of municipal ordinances covering the same subject matter as this article. Municipalities may continue to enforce violations of such ordinances through municipal court even though similar state offenses are enforced through the magistrate system established under this article. (6)(a) The general assembly hereby finds that the use of automated driving systems will help people who may have difficulty driving, including people who are elderly and people with disabilities, gain access to goods and services essential to daily life. This access requires traveling across and in multiple jurisdictions. Therefore, the regulation of automated driving systems is a matter of statewide concern. (b) A state agency or a political subdivision of the state shall not adopt or enforce a policy, rule, or ordinance that sets standards for an automated driving system that are different from the standards set for a human driver. 110.5. Automated vehicle identification systems – legislative declaration - exceptions to liability - penalty - limits on use of photographs and video - definitions. (1) The general assembly hereby finds and declares that the enforcement of traffic laws through the use of automated vehicle identification systems under this section is a matter of statewide concern and is an area in which uniform state standards are necessary. (1.4) Nothing in this section applies to the use of automated vehicle identification systems for the purpose of collecting tolls, fees, or civil penalties in accordance with part 5 of article 4 of title 43 and section 43-4-808. (1.5) Except as set out in (1.7), nothing in this section applies to a violation detected by an automated vehicle identification system for driving twenty-five miles per hour or more in excess of the reasonable and prudent speed or twenty-five miles per hour or more in excess of the Page 100 of 4167 26 maximum speed limit of seventy-five miles per hour detected by the use of an automated vehicle identification system. (1.7)(a)(I) Upon request from the department of transportation, the department of public safety shall utilize an automated vehicle identification system to detect speeding violations under part 11 of this article 4 within a highway maintenance, repair, or construction zone designated pursuant to section 42-4-614(1)(a), if the department of public safety complies with subsections (2) to (6) of this section. An automated vehicle identification system shall not be used under this subsection (1.7) unless maintenance, repair, or construction is occurring at the time the system is being used. (II) The department of public safety may contract with a vendor to implement this subsection (1.7), including to: (A) Notify violators; (B) collect and remit the penalties and surcharges to the state treasury less the vendor’s expenses; (C) reconcile payments against outstanding violations; (D) implement collection efforts; and (E) Notify the department of public safety of unpaid violations for possible referral to the judicial system. (III) If the department of public safety contracts with a vendor, the contract must incorporate the processing elements specified by the department of public safety. (IV) No notice of violation or civil penalty assessment or a penalty or surcharge for a violation detected by an automated vehicle identification system under this subsection (1.7) shall be forwarded to the department for processing. (b) The department of transportation shall reimburse the department of public safety for the direct and indirect costs of complying with this subsection (1.7). (2) A county or municipality may adopt an ordinance authorizing the use of an automated vehicle identification system to detect violations of traffic regulations adopted by the county or municipality, or the state, a county, a city and county, or a municipality may utilize an automated vehicle identification system to detect traffic violations under state law, subject to the following conditions and limitations: (a)(I) (Deleted by amendment, L. 2002, p. 570, § 1, effective May 24, 2002. (II) If the state, a county, a city and county, or a municipality detects any alleged violation of a county or municipal traffic regulation or a traffic violation under state law through the use of an automated vehicle identification system, then the state, county, city and county, or municipality shall issue, or cause its vendor to issue, to the registered owner of the motor vehicle involved in the alleged violation, by first-class mail, personal service, or by any mail delivery service offered by an entity other than the United Stated Postal Service Page 101 of 4167 27 that is equivalent to or superior to first-class mail with respect to delivery speed, reliability, and price, a notice of violation: (A) within thirty days after the alleged violation occurred if the motor vehicle involved in the alleged violation is registered in the state; or (B) within sixty days after the alleged violation occurred if the motor vehicle involved in the alleged violation is registered outside of the state. (III) the notice of violation must contain: (A) the name and address of the registered owner of the motor vehicle involved in the alleged violation; (B) the license plate number of the motor vehicle involved in the alleged violation; (C) the date, time and location of the alleged violation; (D) the amount of the civil penalty prescribed for the alleged violation; (E) the deadline for payment of the prescribed civil penalty and for disputing the alleged violation; and (F) information on how the registered owner may either dispute the alleged violation in a hearing or pay the prescribed civil penalty. (IV) If the state, a county, a city and county, or a municipality does not receive the prescribed civil penalty or a written notice requesting a hearing to dispute the alleged violation by the deadline stated on the notice of violation, which deadline must not be less than forty-five days after the issuance date on the notice of violation, the state, county, city and county or municipality shall issue, or cause its vendor to issue, by first-class mail, personal service, or by any mail delivery service offered by an entity other than the United Stated Postal Service that is equivalent to or superior to first-class mail with respect to delivery speed, reliability, and price, a civil penalty assessment notice for the alleged violation to the registered owner of the motor vehicle involved in the alleged violation no later than thirty days after the deadline on the notice of violation. (V) The civil penalty assessment notice must contain: (A) the name and address of the registered owner of the motor vehicle involved in the alleged violation; (B) the license plate of the motor vehicle involved in the alleged violation; (C) the date, time, and location of the alleged violation; (D) the amount of the civil penalty prescribed for the alleged violation; (E) the deadline for payment of the prescribed civil penalty; (F) information on how to pay the prescribed civil penalty. (VI) if the registered owner of the motor vehicle fails to request a hearing to dispute the alleged violation by the deadline stated in the notice of violation, the registered owner waives any right to contest the violation or the amount of the prescribed civil penalty. Page 102 of 4167 28 (VII) if the registered owner of the motor vehicle fails to pay in full the prescribed civil penalty by the deadline stated in the civil penalty assessment notice, a final order of liability shall be entered against the registered owner of the vehicle. (VIII) Final orders may be appealed as to matters of law and fact to the county court in the county where the alleged violation or the municipal court in the municipality where the alleged violation occurred, the registered owner of the motor vehicle may assert in an appeal that a notice of violation served by first-class mail or other mail delivery service was not actually delivered. The appeal shall be a de novo hearing. (IX) the state, a county, a city and county, or a municipality shall not initiate or pursue a collection action against a registered owner of a motor vehicle for a debt resulting from an unpaid penalty assessed pursuant to this section unless the registered owner is personally served the notice of violation or the final order of liability. (b) Notwithstanding any other provision of the statutes to the contrary, the state, a county, a city and county, or a municipality shall not report to the department any conviction or entry of judgment against a defendant for violation of a county or municipal traffic regulation or a traffic violation under state law if the violation was detected through the use of an automated vehicle identification system. (c) Repealed by Laws 2021, Ch. 460 (H.B. 21-1314), § 16, eff. January 1, 2022. (d)(I) The state, a county, a city and county, or a municipality shall not use an automated vehicle identification system to detect a violation of part 11 of this article 4 or a local speed ordinance unless there is posted an appropriate temporary or permanent sign in a conspicuous place not fewer than three hundred feet before the area in which the automated vehicle identification system is to be used notifying the public that an automated vehicle identification system is in use immediately ahead. The requirement of this subsection (2)(d)(I) shall not be deemed satisfied by the posting of a permanent sign or signs at the borders of a county, city and county, or municipality, nor by the posting of a permanent sign in an area in which an automated vehicle identification system is to be used, but this subsection (2)(d)(I) shall not be deemed a prohibition against the posting of such permanent signs. (II) Except as provided in subsection (2)(d)(I) of this section, an automated vehicle identification system designed to detect disobedience to a traffic control signal or another violation of this article 4 or a local traffic ordinance shall not be used unless the state, county, city and county, or municipality using such system conspicuously posts a sign notifying the public that an automated vehicle identification system is in use immediately ahead. The sign shall: (A) Be placed in a conspicuous location not fewer than two hundred feet nor more than five hundred feet before the automated vehicle identification system; and (B) Use lettering that is at least four inches high for upper case letters and two and nine- tenths inches high for lower case letters. Page 103 of 4167 29 (e)(I) If the state, county, city and county, or municipality implements a new automated vehicle identification system after July 1, 2023, that is not a replacement of an automated vehicle identification system: (A) the agency responsible for the automated vehicle identification system shall publicly announce the implementation of the system through its website for at least 30 days prior to the use of the system; and (B) for the first thirty days after the system is install or deployed, only warnings may be issued for violations of a county or municipal traffic regulation or traffic violation under state law detected by the system. (II) a state, county, city and county, or municipality may conduct an extended public information campaign or warning period for systems installed or deployed either before or after July 1, 2023. (f) Repealed by SB 23-200. (g)(I) The state, a county, a city and county, or a municipality shall not issue a notice of violation or civil penalty assessment notice for a violation detected using an automated vehicle identification system unless the violation occurred within a school zone, as defined in section 42-4-615; within a residential neighborhood; within a maintenance, construction, or repair zone designated pursuant to section 42-4-614; along a street that borders a municipal park; or along a street or portion of a street that a county or municipality, by ordinance or by a resolution of its governing body, designates as an automated vehicle identification corridor, on which designated corridor the county or municipality may locate an automated vehicle identification system to detect violations of a county or municipal traffic regulation or a traffic violation under state law. Before a county or municipality begins operation of an automated vehicle identification system in an automated vehicle identification corridor, the county or municipality must: (A) post a permanent sign in a conspicuous place not fewer than three hundred feet before the beginning of the corridor and a permanent sign not fewer than three hundred feet before each camera within the corridor thereafter or a temporary sign not fewer than three hundred feet before any mobile camera; (B) illustrate, through data collected within the past five years, incidents of crashes, speeding, reckless driving, or community complaints on a street designated as an automated vehicle identification corridor; and (C) coordinate between the local jurisdiction, the department of transportation, and the Colorado state patrol. (II) As used in this subsection (2)(g) unless the context otherwise requires, “residential neighborhood” means any block on which a majority of the improvements along both sides of the street are residential dwellings and the speed limit is thirty-five miles per hour or less. (III) This subsection (2)(g) does not apply to an automated vehicle identification system designed to detect disobedience to a traffic control signal. Page 104 of 4167 30 (IV) a county or municipality implementing an automated vehicle identification corridor pursuant to subsection (2)(g)(I) of the section shall publish a report on its website disclosing the number of citation and revenue generated by the automated vehicle identification corridor. (V)(A) notwithstanding the provisions of subsection (2)(g)(I) of this section, the state may locate an automated vehicle identification system on a highway that is a part of the federal interstate highway system and may issue a notice of violation or a civil penalty assessment notice for a traffic violation under state law detected using the automated vehicle identification system. (B) a county, a city and county, or a municipality shall not locate an automated vehicle identification system or create an automated vehicle identification corridor on any highway that is a part of the federal interstate highway system. (h) the state, county, a city and county, or a municipality shall not require a registered owner of a vehicle to disclose the identity of a driver of the vehicle who is detected through the use of an automated vehicle identification system. However, the registered owner may be required to submit evidence that the owner was not the driver at the time of the alleged violation. (3) The department has no authority to assess any points against a license under section 42-2-127 upon entry of a conviction or judgment for a violation of a municipal traffic regulation or a traffic violation under state law if the violation was detected through the use of an automated vehicle identification system. The department shall not keep any record of such violation in the official records maintained by the department under section 42-2-121. (4)(a) If the state, a county, a city and county, or a municipality detects a speeding violation of less than ten miles per hour over the reasonable and prudent speed under a municipal traffic regulation or under state law through the use of an automated vehicle identification system and the violation is the first violation by the registered owner that the state, county, city and county, or municipality has detected using an automated vehicle identification system, then the state, county, city and county, or municipality may mail the registered owner a warning regarding the violation, but the state, county, city and county, or municipality shall not impose any penalty or surcharge for such first violation. (b)(I) If the state, a county, a city and county, or a municipality detects a second or subsequent speeding violation under a municipal traffic regulation or under state law by a driver, or a first such violation by the driver if the provisions of paragraph (a) of this subsection (4) do not apply, through the use of an automated vehicle identification system, then, except as may be permitted in subparagraph (II) of this paragraph (b), the maximum penalty that the state, county, city and county, or municipality may impose for such violation, including any surcharge, is forty dollars. (II) If any violation described in subsection (4)(b)(I) of this section occurs within a school zone, as defined in section 42-4-615, the maximum penalty that may be imposed shall be doubled. Page 105 of 4167 31 (III) Subsection (4)(b)(I) of this section does not apply within a maintenance, construction, or repair zone designated pursuant to section 42-4-614. (4.5) If the state, a county, a city and county, or a municipality detects a violation of a county or municipal traffic regulation or under state law for disobedience to a traffic control signal through the use of an automated vehicle identification system, the maximum civil penalty that the state, a county, a city and county, or a municipality may impose for such violation, including any surcharge, is seventy-five dollars. (4.7) If a registered owner fails to pay a penalty imposed for a violation of a county or municipal traffic regulation or a traffic violation under state law detected using an automated vehicle identification system, the state, a county, a city and county, or a municipality shall not attempt to enforce such a penalty by immobilizing the registered owner’s vehicle. (5) If the state, a county, a city and county, or a municipality has established an automated vehicle identification system for the enforcement of county or municipal traffic regulations or state traffic laws, then no portion of any fine collected through the use of such system may be paid to the manufacturer or vendor of the automated vehicle identification system equipment. The compensation paid by the state, county, city and county, or municipality for such equipment shall be based upon the value of such equipment and the value of any services provided to the state, county, city and county or municipality and may not be based upon the number of traffic citations issued or the revenue generated by such equipment. (6)(a) As used in this section, the term “automated vehicle identification system” means a system whereby: (I) A machine is used to automatically detect a violation of a traffic regulation and simultaneously record a photograph of the vehicle, the operator of the vehicle, and the license plate of the vehicle; and (II) A notice of violation or civil penalty assessment notice may be issued to the registered owner of the motor vehicle. (b) “automated vehicle identification system” includes a system used to detect a violation of part 11 of this article 4 or a local speed ordinance, a system used to detect violations of traffic restrictions imposed by traffic signals or traffic signs, and a system used to detect violation of bus lane or bicycle lane restrictions. (7) The state, county, city and county, or municipality and any vendor operating an automated vehicle identification system shall, unless otherwise provided in this section: (a) program the automated vehicle identification system to retain data only when a violation of a county or municipal traffic regulation or traffic violation under state law occurs; (b) treat all photographs and video collected by the automated motor vehicle identification system as confidential and exempt from disclosure and inspection pursuant to the “Colorado Open Records Act”, part 2 of article 72 of title 24; Page 106 of 4167 32 (c) not use, disclose, sell, or permit access to photographs, video, or personal identifiable data collected by the automated motor vehicle identification system except to the extent necessary to operate the program, including for purposes of processing violations, for other law enforcement purposes, for transferring data to a new vendor or operating system, or, pursuant to a court order, for use in unrelated legal proceedings; and (d) destroy any photographs and video of a violation collected by the automated vehicle identification system within three years after the final disposition of the violation unless the photographs or video are maintained in a separate system for other purposes allowed by law. (I) Subparagraph (I) of this paragraph (b) shall not apply within a maintenance, construction, or repair zone designated pursuant to section 42-4-614. 111. Powers of Local Authorities. (1) Except as otherwise provided in subsection (2) of this section, this article 4 does not prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, from: (a) Regulating or prohibiting the stopping, standing, or parking of vehicles, consistent with the provisions of this article; (b) Establishing parking meter zones where it is determined upon the basis of an engineering and traffic investigation that the installation and operation of parking meetings is necessary to aid in the regulation and control of the parking of vehicles during the hours and on the days specified on parking meter signs; (c) Regulating traffic by means of police officers or official traffic control devices, consistent with the provisions of this article; (d) Regulating or prohibiting processions or assemblages on the highways, consistent with the provisions of this article; (e) Designating particular highways or roadways for use by traffic moving in one direction, consistent with the provisions of this article; (f) Designating any highway as a through highway or designating any intersection as a stop or yield intersection, consistent with the provisions of this article; (g) Designating truck routes and restricting the use of highways, consistent with the provisions of this article; (h) Regulating the operation of bicycles or electrical assisted bicycles and requiring the registration and licensing of same, including the requirement of a registration fee, consistent with the provisions of this article; (i) Altering or establishing speed limits, consistent with the provisions of this article; (j) Establishing speed limits for vehicles in public parks, consistent with the provisions of this article; Page 107 of 4167 33 (k) Determining and designating streets, parts of streets, or specific lanes thereon upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day, consistent with the provisions of this article; (l) Regulating or prohibiting the turning of vehicles, consistent with the provisions of this article; (m) Designating no-passing zones, consistent with the provisions of this article; (n) Prohibiting or regulating the use of controlled-access roadways by nonmotorized traffic or other kinds of traffic, consistent with the provisions of this Code; (o) Establishing minimum speed limits, consistent with the provisions of this Code; (p) Designating hazardous railroad crossings, consistent with the provisions of this Code; (q) Designating and regulating traffic on play streets, consistent with the provisions of this article; (r) Prohibiting or restricting pedestrian crossing, consistent with the provisions of this Code; (s) Regulating the movement of traffic at school crossings by official traffic control devices or by duly authorized school crossing guards, consistent with the provisions of the Code; (t) Regulating persons propelling push carts; (u) Regulating persons upon skates, coasters, sleds, or similar devices, consistent with the provisions of this Code; (v) Adopting such temporary or experimental regulations as may be necessary to cover emergencies or special conditions; (w) Adopting such other traffic regulations as are provided for by this article; (x) Closing a street or portion thereof temporarily and establishing appropriate detours or an alternative routing for the traffic affected, consistent with the provisions of this article; (y) Regulating the local movement of traffic or the use of local streets where such is not provided for in that article; (z) Regulating the operation of low-powered scooters, consistent with the provisions of this article; except that local authorities shall be prohibited from establishing any requirements for the registration and licensing of low powered scooters; (aa) Regulating the operation of low-speed electric vehicles, including, without limitation, establishing a safety inspection program, on streets and highways under their jurisdiction by resolution or ordinance of the governing body, if such regulation is consistent with this Code; (bb) Authorizing and regulating the operation of golf cars on roadways by resolution or ordinance of the governing body, if the authorization or regulation is consistent with this title and does not authorize: Page 108 of 4167 34 (I) An unlicensed driver of a golf car to carry a passenger who is under twenty-one years of age; (II) Operation of a golf car by a person under sixteen years of age; or (III) Operation of a golf car on a state highway; except that the ordinance or resolution may authorize a person to drive a golf car directly across a state highway at an at-grade sidewalk, bike path, or pedestrian path consistent with section 42-4-117(I) and (3); (cc) Authorizing, prohibiting, or regulating the use of an EPAMD on a roadway, sidewalk, bike path, or pedestrian path consistent with section 117(1) and (3); (dd) Authorizing or prohibiting the use of an electrical assisted bicycle or electric scooter on a bike or pedestrian path in accordance with section 42-4-1412; (ee) Enacting the idling standards in conformity with section 42-14-103 (2)(a) An ordinance or regulation enacted under paragraph (a), (b), (e), (f), (g), (i), (j), (k), (l), (m), (n ), (o), (p), (q), (r ), (v), (x), (y), (aa), or (cc) of subsection (1) of this section may not take effect until official signs or other traffic control devices conforming to standards as required by section 42-4-602, and giving notice of the local traffic regulations are placed upon or at the entrances to the highway or part thereof affected as may be most appropriate. (b) Regulating the operation of an electric scooter consistent with this title 42. (c) Subsection (1) of this section does not authorize a local authority to regulate or authorize the use of vehicles and motor vehicles on the state highway system that is subject to section 43-2-135, except in at-grade crossings where the roadway subject to the local authority’s jurisdiction crosses the state highway. The local authority may regulate vehicles within such crossings only to the extent necessary to effect the local authority’s power to regulate the roadway under the local authority’s jurisdiction and only if the regulation or authorization does not interfere with the normal operation of the state highway. (3)(a) A board of county commissioners may by resolution authorize the use of designated portions of unimproved county roads within the unincorporated portion of the county for motor vehicles participating in timed endurance events and for such purposes shall make such regulations relating to the use of such roads and the operation of vehicles as are consistent with public safety in the conduct of such event and with the cooperation of county law enforcement officials. (b) Such resolution by a board of county commissioners and regulations based thereon shall designate the specific route which may be used in such event, the time limitations imposed upon such use, any necessary restrictions in the use of such route by persons not participating in such event, special regulations concerning the operation of vehicles while participating in such event in which case any provisions of this article to the contrary shall not apply to such event, and such requirements concerning the sponsorship of any such event as may be reasonably necessary to assure adequate responsibility therefor. Page 109 of 4167 35 112. Noninterference with the rights of owners of realty. Subject to the exception provided in section 103(2), nothing in this Code shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as matter of right from prohibiting such use, or from requiring other or different or additional conditions than those specified in this Code, or from otherwise regulating such use as may seem best to such owner. 113. Appropriations for administration of article. (See §42-4-113) 114. Removal of traffic hazards. (1) Local authorities, within their respective jurisdictions, may by written notice sent by certified mail require the owner of real property abutting on the right-of-way of any highway, sidewalk, or other public way to trim or remove, at the expense of said property owner, any tree limb or any shrub, vine, hedge, or other plant which projects beyond the property line of such owner onto or over the public right-of-way and thereby obstructs the view of traffic, obscures any traffic control device, or otherwise constitutes a hazard to drivers or pedestrians. (2) It is the duty of the property owner to remove any dead, overhanging boughs of trees located on the premises of such property owner that endanger life or property on the public right-of-way. (3) In the event that any property owner fails or neglects to trim or remove any such tree limb or any such shrub, vine, hedge, or other plant within ten days after receipt of written notice from said local authority to do so, said local authority may do or cause to be done the necessary work incident thereto, and said property owner shall reimburse the state or local authority for the cost of the work performed. 115. Information on traffic law enforcement - collection - profiling - annual report - repeal. (Repealed) 116. Restrictions for minor drivers - definitions. (1)(a) Except as provided in paragraph (c) of this subsection (1), a minor driver shall not operate a motor vehicle containing a passenger who is under twenty-one years of age and who is not a member of the driver’s immediate family until such driver has held a valid driver’s license for at least six months. (b) Except as provided in paragraph (c) of this subsection (1), a minor driver shall not operate a motor vehicle containing more than one passenger who is under twenty-one years of age and who is not a member of the driver’s immediate family until such driver has held a valid driver’s license for at least one year. (c) Paragraphs (a) and (b) of this subsection (1) shall not apply if: Page 110 of 4167 36 (I) The motor vehicle contains the minor’s parent or legal guardian or other responsible adult described in section 42-2-108; (II) The motor vehicle contains an adult twenty-one years of age or older who currently holds a valid driver’s license and has held such license for at least one year; (III) The passenger who is under twenty-one years of age is in the vehicle on account of a medical emergency; (IV) All passengers who are under twenty-one years of age are members of the driver’s immediate family and all such passengers are wearing a seatbelt. (2)(a) Except as provided in paragraph (b) of this subsection (2), a minor driver shall not operate a motor vehicle between 12 midnight and 5 a.m. until such driver has held a driver’s license for at least one year. (b) This subsection (2) shall not apply if: (I) The motor vehicle contains the minor’s parent or legal guardian or other responsible adult described in section 42-2-108; (II) The motor vehicle contains an adult twenty-one years of age or older who currently holds a valid driver’s license and has held such license for at least one year; (III) The minor is driving to school or a school-authorized activity when the school does not provide adequate transportation, so long as the driver possesses a signed statement from the school official containing the date the activity will occur; (IV) The minor is driving on account of employment when necessary, so long as the driver possesses a signed statement from the employer verifying employment; (V) The minor is driving on account of a medical emergency; or (VI) The minor is an emancipated minor. (3) A violation of this section is a traffic infraction, and, upon conviction, the violator may be punished as follows: (a) By the imposition of not less than eight hours nor more than twenty-four hours of community service for a first offense and not less than sixteen hours nor more than forty hours of community service for a subsequent offense; (b) By the levying of a fine of not more than fifty dollars for a first offense, a fine of not more than one hundred dollars for a second offense, and a fine of one hundred fifty dollars for a subsequent offense; (c) By an assessment of two license suspension points pursuant to section 42-2-127(5)(kk) (4) For the purposes of this section: Page 111 of 4167 37 (a) “Emancipated minor” means an individual under eighteen years of age whose parents or guardian has surrendered parental responsibilities, custody, and the right to the care and earnings of such person, and are no longer under a duty to support such person. (b) “Minor driver” means a person who is operating a motor vehicle and who is under eighteen years of age. (5) No driver in a motor vehicle shall be cited for a violation of this section unless such driver was stopped by a law enforcement officer for an alleged violation of Codes 1 to 4 of Title 42 other than a violation of this section. 117. Personal mobility devices. (1) A rider of an EPAMD shall have all the same rights and duties as an operator of any other vehicle under this Code, except as to those provisions that by their nature have no application. (2) Unless otherwise prohibited, an EPAMD may be operated on a roadway in conformity with vehicle use. (3) An EPAMD shall not be operated: (a) On a limited-access highway; (b) On a bike or pedestrian path; or (c) At a speed of greater than twelve and one-half miles per hour. (4) A person who violates this section commits a class B traffic infraction.2 (7) Repealed. 118. Establishment of wildlife crossing zones - report - repeal. (1) The department of transportation created in section 43-1-103, in consultation with both the Colorado state patrol created pursuant to section 24-33.5-201, and the division of wildlife created pursuant to section 24-1-124(3)(h), in the department of natural resources, may establish areas within the public highways of the state as wildlife crossing zones. (2)(a) If the department of transportation establishes an area within a public highway of the state as a wildlife crossing zone, the department of transportation may erect signs: (I) Identifying the zone in accordance with the provisions of section 42-4-616; and (II) Establishing a lower speed limit for the portion of the highway that lies within the zone. (b) Notwithstanding the provisions of paragraph (a) of this subsection (2) to the contrary, the department of transportation shall not establish a lower speed limit for more than one hundred miles of the public highways of the state that have been established as wildlife crossing zones. Page 112 of 4167 38 (3)(a) The department of transportation may establish an area within the federal highways of the state as a wildlife crossing zone if the department of transportation receives authorization from the federal government. (b) If the department of transportation establishes an area within the federal highways of the state as a wildlife crossing zone pursuant to paragraph (a) of this subsection (3), the department of transportation may erect signs: (I) Identifying the zone in accordance with the provisions of section 42-4-616; and (II) Establishing a lower speed limit for the portion of the highway that lies within the zone. (4) If the department of transportation erects a new wildlife crossing zone sign pursuant to subsection (2) or (3) of this section, it shall ensure that the sign indicates, in conformity with the state traffic control manual, that increased traffic penalties are in effect within the wildlife crossing zone. For the purposes of this section, it shall be sufficient that the sign states "increased penalties in effect". (5) In establishing a lower speed limit within a wildlife crossing zone, the department of transportation shall give due consideration to factors including, but not limited to, the following: (a) The percentage of traffic accidents that occur within the area that involve the presence of wildlife on the public highway; (b) The relative levels of traffic congestion and mobility in the area; and (c) The relative numbers of traffic accidents that occur within the area during the daytime and evening hours and involve the presence of wildlife on the public highway. (6) As used in this section, unless the context otherwise requires, "wildlife" shall have the same meaning as "big game" as set forth in section 33-1-102(2) (7)(a) On or before March 1, 2012, the department of transportation shall prepare and submit to the transportation and energy committee of the house of representatives and the transportation committee of the senate, or any successor committees, a report concerning the implementation of this section. The report, at a minimum, shall include: (I) The location and length of each wildlife crossing zone that the department of transportation has established pursuant to this section; (II) The total number of miles within the public highways of the state that the department of transportation has established as wildlife crossing zones pursuant to this section; (III) The total number of wildlife crossing zones within the state for which the department of transportation has established a lower speed limit, including identification of each wildlife crossing zone for which the department has established a lower speed limit; (IV) The effect, if any, that the establishment of each wildlife crossing zone has had in reducing the frequency of traffic accidents within the area of the public highway that has been established as a wildlife crossing zone; and Page 113 of 4167 39 (V) A recommendation by the department of transportation as to whether the general assembly should: (A) Discontinue the establishment of wildlife crossing zones; (B) Continue the establishment of wildlife crossing zones, as limited by the provisions of paragraph (b) of subsection (1) of this section; or (C) Expand the establishment of wildlife crossing zones beyond the limits described in paragraph (b) of subsection (1) of this section. (b) This subsection (7) is repealed, effective March 2, 2012. (8) Notwithstanding any other provision of this section, the department of transportation shall not establish any area of any interstate highway as a wildlife crossing zone. Page 114 of 4167 40 Part 2 Equipment 201. Obstruction of view or driving mechanism - hazardous situation. (1) No person shall drive a vehicle when it is so loaded or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver’s control over the driving mechanism of the vehicle. (2) No person shall knowingly drive a vehicle while any passenger therein is riding in any manner which endangers the safety of such passenger or others. (3) A person shall not drive a motor vehicle equipped with a video display visible to the driver while the motor vehicle is in motion. The provisions of this subsection (3) does not prohibit the usage of a computer, data terminal, or safety equipment in a motor vehicle so long as the computer, data terminal, or safety equipment is not used to display visual entertainment, including internet browsing, social media, and e-mail, to the driver while the motor vehicle is in motion. (4) No vehicle shall be operated upon any highway unless the driver’s vision through any required glass equipment is normal and unobstructed. (5) No passenger in a vehicle shall ride in such position as to create a hazard for such passenger or others, or to interfere with the driver’s view ahead or to the sides, or to interfere with the driver’s control over the driving mechanism of the vehicle; nor shall the driver of a vehicle permit any passenger therein to ride in such manner. (6) No person shall hang on or otherwise attach himself or herself to the outside, top, hood, or fenders of any vehicle, or to any other portion thereof, other than the specific enclosed portion of such vehicle intended for passengers or while in a sitting position in the cargo area of a vehicle if such area is fully or partially enclosed on all four sides, while the same is in motion; nor shall the operator knowingly permit any person to hang on or otherwise attach himself or herself to the outside, top, hood, or fenders of any vehicle, or any other portion thereof, other than the specific enclosed portion of such vehicle intended for passengers or while in a sitting position in the cargo area of a vehicle if such area is fully or partially enclosed on all four sides, while the same is in motion. This subsection (6) shall not apply to parades, caravans, or exhibitions which are officially authorized or otherwise permitted by law. (7) The provisions of subsection (6) of this section shall not apply to a vehicle owned by the United States government or any agency or instrumentality thereof, or to a vehicle owned by the state of Colorado or any of its political subdivisions, or to a privately owned vehicle when operating in a governmental capacity under contract with or permit from any governmental subdivision or under permit issued by the public utilities commission of the state of Colorado, when in the performance of their duties persons are required to stand or sit on the exterior of the vehicle and said vehicle is equipped with adequate handrails and safeguards. (8) Any person who violates any provision of this section commits a class A traffic infraction. Page 115 of 4167 41 202. Unsafe vehicles - penalty – identification plates. (1) It is unlawful for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this section and sections 204 to 231 and part 3 of this Code, or which is equipped in any manner in violation of said sections and part 3 or for any person to do any act forbidden or fail to perform any act required under said sections and part 3. (2) The provisions of this section and sections 204 to 231 and part 3 of this Code with respect to equipment on vehicles shall not apply to implements of husbandry or farm tractors, except as made applicable in said sections and part 3. (3) Nothing in this Code shall be construed to prohibit the use of additional parts and accessories on any vehicle, consistent with the provisions of this Code. (4)(a) Upon its approval, the department of revenue shall issue an identification plate for each vehicle, motor vehicle, trailer, or item of special mobile machinery, or similar implement of equipment, used in any type of construction business which shall, when said plate is affixed, exempt any such item of equipment, machinery, trailer, or vehicle from all or part of this section and sections 204 to 231 of this Code. (b) The department of revenue is authorized to promulgate written rules and regulations governing the application for, issuance of, and supervision, administration, and revocation of such identification plates and exemption authority and to prescribe the terms and conditions under which said plates may be issued for each item as set forth in paragraph (a) of this subsection (4), and the department of revenue, in so doing, shall consider the safety of users of the public streets and highways and the type, nature, and use of such items set forth in paragraph (a) of this subsection (4) for which exemption is sought. (c) Each exempt item may be moved on the roads, streets, and highways during daylight hours and at such time as vision is not less than five hundred feet. No cargo or supplies shall be hauled upon such exempt item except cargo and supplies used in normal operation of any such item. (d) The identification plate shall be of a size and type designated and approved by the department. A fee of one dollar shall be charged and collected by the department for the issuance of each such identification plate. All such fees so collected shall be paid to the state treasurer who shall credit the same to the highway users tax fund for allocation and expenditure as specified in section 43-4-205(5.5)(b). (e) Each such identification plate shall be issued for a calendar year. Application for such identification plates shall be made by the owner, and such plates shall be issued to the owner of each such item described in paragraph (a) of this subsection (4). Whenever the owner transfers, sells, or assigns the owner's interest therein, the exemption of such item shall expire and the owner shall remove the identification plate therefrom and forward the same to the department of revenue. Page 116 of 4167 42 (f) An owner shall report a lost or damaged identification plate to the department of revenue, and, upon application to and approval by the department of revenue, the department shall issue a replacement plate upon payment to it of a fee of fifty cents. (g) Notwithstanding the amount specified for any fee in this subsection (4), the executive director of the department of revenue by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402(3), to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director of the department of revenue by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402(4). (5) Any person who violates any provision of this section commits a class A traffic infraction. 203. Unsafe vehicles - spot inspections. (1) Uniformed police officers, at any time upon reasonable cause, may require the driver of a vehicle to stop and submit such vehicle and its equipment to an inspection and such test with reference thereto as may be appropriate. The fact that a vehicle is an older model vehicle shall not alone constitute reasonable cause. In the event such vehicle is found to be in an unsafe condition or the required equipment is not present or is not in proper repair and adjustment, the officer may give a written notice and issue a summons to the driver. Said notice shall require that such vehicle be placed in safe condition and properly equipped or that its equipment be placed in proper repair and adjustment, the particulars of which shall be specified on said notice. (2) In the event any such vehicle is, in the reasonable judgment of such police officer, in such condition that further operation would be hazardous, the officer may require, in addition to the instructions set forth in subsection (1) of this section, that the vehicle be moved at the operator’s expense and not operated under its own power or that it be driven to the nearest garage or other place of safety. (3) Every owner or driver upon receiving the notice and summons issued pursuant to subsection (1) of this section or mailed pursuant to paragraph (b) of subsection (4) of this section shall comply therewith and shall secure a certification upon such notice by a law enforcement officer that such vehicle is in safe condition and its equipment has been placed in proper repair and adjustment and otherwise made to conform to the requirements of this Code. Said certification shall be returned to the owner or driver for presentation in court as provided for in subsection (4) of this section. (4)(a)(I) Except as provided for in subparagraph (II) or subparagraph (III) of this paragraph (a), any owner receiving written notice and a summons pursuant to this section is guilty of a misdemeanor traffic offense and, upon conviction thereof, shall be punished by a fine of one hundred dollars, payable within thirty days after conviction. (II) If the owner repairs the unsafe condition or installs or adjusts the required equipment within thirty days after issuance of the notice and summons and presents the certification required in subsection (3) of this section to the court of competent jurisdiction, the owner shall be punished by a fine of five dollars. Page 117 of 4167 43 (III) If the owner submits to the court of competent jurisdiction within thirty days after the issuance of the summons proof that the owner has disposed of the vehicle for junk parts or immobilized the vehicle and also submits to the court the registration and license plates for the vehicle, the owner shall be punished by a fine of five dollars. If the owner wishes to relicense the vehicle in the future, the owner must obtain the certification required in subsection (3) of this section. (b)(I) Except as provided for in subparagraph (II) of this paragraph (b), any nonowner driver receiving written notice and a summons pursuant to this section is guilty of a misdemeanor traffic offense and, upon conviction thereof, shall be punished by a fine of one hundred dollars, payable within thirty days after conviction. (II) If the driver submits to the court of competent jurisdiction within thirty days after the issuance of the summons proof that the driver was not the owner of the car at the time the summons was issued and that the driver mailed, within five days of issuance thereof, a copy of the notice and summons by certified mail to the owner of the vehicle at the address on the registration, the driver shall be punished by a fine of five dollars. (c) Upon a showing of good cause that the required repairs or adjustments cannot be made within thirty days after issuance of the notice and summons, the court of competent jurisdiction may extend the period of time for installation or adjustment of required equipment as may appear justified. (d) The owner may, in lieu of appearance, submit to the court of competent jurisdiction, within thirty days after the issuance of the notice and summons, the certification specified in subsection (3) of this section and the fine of five dollars. 204. When lighted lamps are required. (1) Every vehicle upon a highway within this state, between sunset and sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of one thousand feet ahead, shall display lighted lamps and illuminating devices as required by this Code for different classes of vehicles, subject to exceptions with respect to parked vehicles. (2) Whenever requirement is declared by this Code as to distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in subsection (1) of this section in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condition is expressly stated. (3) Whenever requirement is declared by this Code as to the mounted height of lamps or devices, it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load. (4) Any person who violates any provision of this section commits a class A traffic infraction. Page 118 of 4167 44 205. Head lamps on motor vehicles - penalty. (1) Every motor vehicle other than a motorcycle or autocycle, shall be equipped with at least two head lamps with at least one on each side of the front of the motor vehicle. The head lamps shall comply with the requirements and limitations set forth in sections 202 and 204 to 231 and part 3 of this Code where applicable. (2) Every motorcycle or autocycle shall be equipped with at least one and not more than two head lamps that comply with the requirements and limitations of sections 202 and 204 to 231 and part 3 of this Code where applicable. (3) Every head lamp upon every motor vehicle, including every motorcycle, shall be located at a height measured from the center of the head lamp of not more than fifty-four inches nor less than twenty-four inches, to be measured as set forth in section 204 (3). (4) Any person who violates any provision of this section commits a class B traffic infraction. 206. Tail lamps and reflectors - penalty. (1) Every motor vehicle, trailer, semitrailer, and pole trailer and any other vehicle which is being drawn at the end of a train of vehicles must be equipped with at least one tail lamp mounted on the rear, which, when lighted as required in section 204, emits a red light plainly visible from a distance of five hundred feet to the rear; except that, in the case of a train of vehicles, only the tail lamp on the rear-most vehicle need actually be seen from the distance specified, and except as provided in section 204. Furthermore, every such vehicle registered in this state and manufactured or assembled after January 1, 1958, must be equipped with at least two tail lamps mounted on the rear, on the same level and as widely spaced laterally as practicable, which, when lighted as required in section 204, comply with the provisions of this section. (2) Every tail lamp upon every vehicle shall be located at a height of not more than seventy-two inches nor less than twenty inches, to be measured as set forth in section 204 (3). (3) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty feet to the rear. Any tail lamp, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted. (4) Every motor vehicle operated on and after January 1, 1958, upon a highway in the state of Colorado must carry on the rear, either as part of a tail lamp or separately, one red reflector meeting the requirements of this section; except that vehicles of the type mentioned in section 207 shall be equipped with reflectors as required in those sections applicable thereto and except as provided in section 204. (5) Every new motor vehicle sold on or after January 1, 1958, and operated upon a highway shall carry on the rear, whether as a part of the tail lamps or separately, two red reflectors; except that every motorcycle or autocycle shall carry at least one reflector meeting the requirements of this section, and vehicles of the type mentioned in section 207 shall be equipped with reflectors as required in this part 2. Page 119 of 4167 45 (6) Every reflector shall be mounted on the vehicle at a height of not less than twenty inches nor more than sixty inches, measured as set forth in section 204 (3) and shall be of such size and characteristics and so mounted as to be visible at night from all distances within three hundred fifty feet to one hundred feet from such vehicle when directly in front of lawful upper beams and head lamps; except that visibility from a greater distance is required by law of reflectors on certain types of vehicles. (7) Any person who violates any provision of this section commits a class B traffic infraction. 207. Clearance and identification. (1) Every vehicle designed or used for the transportation of property or for the transportation of persons shall display lighted lamps at the times mentioned in section 204 when and as required in this section. (2) Clearance lamps. (a) Every motor vehicle or motor-drawn vehicle having a width at any part in excess of eighty inches shall be equipped with four clearance lamps located as follows: (I) Two on the front and one at each side, displaying an amber light visible from a distance of five hundred feet to the front of the vehicle; (II) Two on the rear and one at each side, displaying a red light visible only to the rear and visible from a distance of five hundred feet to the rear of the vehicle, which said rear clearance lamps shall be in addition to the rear red lamp required in section 206. (b) All clearance lamps required shall be placed on the extreme sides and located on the highest stationary support; except that, when three or more identification lamps are mounted on the rear of a vehicle on the vertical center line and at the extreme height of the vehicle, rear clearance lamps may be mounted at optional height. (c) Any trailer, when operated in conjunction with a vehicle which is properly equipped with front clearance lamps as provided in this section, may be, but is not required to be, equipped with front clearance lamps if the towing vehicle is of equal or greater width than the towed vehicle. (d) All clearance lamps required in this section shall be of a type approved by the department of revenue. (3) Side marker lamps. (a) Every motor vehicle or motor-drawn vehicle or combination of such vehicles which exceeds thirty feet in overall length shall be equipped with four side marker lamps located as follows: (I) One on each side near the front displaying an amber light visible from a distance of five hundred feet to the side of the vehicle on which it is located; Page 120 of 4167 46 (II) One on each side near the rear displaying a red light visible from a distance of five hundred feet to the side of the vehicle on which it is located; but the rear marker light shall not be so placed as to be visible from the front of the vehicle. (b) Each side marker lamp required shall be located not less than fifteen inches above the level on which the vehicle stands. (c) If the clearance lamps required by this section are of such a design as to display lights visible from a distance of five hundred feet at right angles to the sides of the vehicles, they shall be deemed to meet the requirements as to marker lamps in this subsection (3). (d) All marker lamps required in this section shall be of a type approved by the department of revenue. (4) Clearance reflectors. (a) Every motor vehicle having a width at any part in excess of eighty inches shall be equipped with clearance reflectors located as follows: (I) Two red reflectors on the rear and one at each side, located not more than one inch from the extreme outside edges of the vehicle; (II) All such reflectors shall be located not more than sixty inches nor less than fifteen inches above the level on which the vehicle stands. (b) One or both of the required rear red reflectors may be incorporated within the tail lamp or tail lamps if any such tail lamps meet the location limits specified for reflectors. (c) All such clearance reflectors shall be of a type approved by the department of revenue. (5) Side marker reflectors. (a) Every motor vehicle or motor-drawn vehicle or combination of vehicles which exceeds thirty feet in overall length shall be equipped with four side marker reflectors located as follows: (I) One amber reflector on each side near the front; (II) One red reflector on each side near the rear. (b) Each side marker reflector shall be located not more than sixty inches nor less than fifteen inches above the level on which the vehicle stands. (c) All such side marker reflectors shall be of a type approved by the department of revenue. (6) Any person who violates any provision of this section commits a class B traffic infraction. (7) Nothing in this section shall be construed to supersede any federal motor vehicle safety standard established pursuant to the “National Traffic and Motor Vehicle Safety Act of 1966”, Public Law 89-563, as amended. Page 121 of 4167 47 208. Stop lamps and turn signals - penalty. (1) Every motor vehicle or motor-drawn vehicle shall be equipped with a stop light in good working order at all times and shall meet the requirements of section 215 (1). (2) A person shall not sell or offer for sale or operate on the highways any motor vehicle registered in this state and manufactured or assembled after January 1, 1958, unless it is equipped with at least two stop lamps meeting the requirements of section 215 (1); except that a motorcycle or autocycle manufactured or assembled after January 1, 1958, must be equipped with at least one stop lamp meeting the requirements of section 215 (1). (3) A person shall not sell or offer for sale or operate on the highways any motor vehicle, trailer, or semitrailer registered in this state and manufactured or assembled after January 1, 1958, and a person shall not operate any motor vehicle, trailer, or semitrailer on the highways when the distance from the center of the top of the steering post to the left outside limit of the body, cab, or load of the motor vehicle exceeds twenty-four inches, unless it is equipped with electrical turn signals meeting the requirements of section 215 (2). This subsection (3) does not apply to any motorcycle, autocycle, or low-power scooter. (4) Any person who violates any provision of this section commits a class B traffic infraction. 209. Lamp or flag on projecting load. Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, at the time specified in section 204, a red light or lantern plainly visible from a distance of at least five hundred feet to the sides and rear. The red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle. At any other time, there shall be displayed at the extreme rear end of such load a red flag or cloth not less than twelve inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear. Any person who violates any provision of this section commits a class A traffic infraction. 210. Lamps on parked vehicles. (1) Whenever a vehicle is lawfully parked upon a highway during the hours between sunset and sunrise and in the event there is sufficient light to reveal any person or object within a distance of one thousand feet upon such highway, no lights need be displayed upon such parked vehicle. (2) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between sunset and sunrise and there is not sufficient light to reveal any person or object within a distance of one thousand feet upon such highway, such vehicle so parked or stopped shall be equipped with one or more operating lamps meeting the following requirements: At least one lamp shall display a white or amber light visible from a distance of five hundred feet to the front of the vehicle, and the same lamp or at least one other lamp shall display a red light visible from a distance of five hundred feet to the rear of the vehicle, and the location of said lamp or lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this section is installed as near as practicable Page 122 of 4167 48 to the side of the vehicle that is closer to passing traffic. This subsection (2) shall not apply to a low-power scooter. (3) Any lighted head lamps upon a parked vehicle shall be depressed or dimmed. (4) Any person who violates any provision of this section commits a class B traffic infraction. (5) This section shall not apply to low-speed electric vehicles. 211. Lamps on farm equipment and other vehicles and equipment. (1) Every farm tractor and every self-propelled farm equipment unit or implement of husbandry not equipped with an electric lighting system shall, at all times mentioned in section 204, be equipped with at least one lamp displaying a white light visible from a distance of not less than five hundred feet to the front of such vehicle and shall also be equipped with at least one lamp displaying a red light visible from a distance of not less than five hundred feet to the rear of such vehicle. (2) Every self-propelled unit of farm equipment not equipped with an electric lighting system shall, at all times mentioned in section 204, in addition to the lamps required in subsection (1) of this section, be equipped with two red reflectors visible from all distances within six hundred feet to one hundred feet to the rear when directly in front of lawful upper beams of head lamps. (3) Every combination of farm tractor and towed unit of farm equipment or implement of husbandry not equipped with an electric lighting system shall, at all times mentioned in section 204, be equipped with the following lamps: (a) At least one lamp mounted to indicate as nearly as practicable to the extreme left projection of said combination and displaying a white light visible from a distance of not less than five hundred feet to the front of said combination; (b) Two lamps each displaying a red light visible when lighted from a distance of not less than five hundred feet to the rear of said combination or, as an alternative, at least one lamp displaying a red light visible from a distance of not less than five hundred feet to the rear thereof and two red reflectors visible from all distances within six hundred feet to one hundred feet to the rear thereof when illuminated by the upper beams of head lamps. (4) Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry equipped with an electric lighting system shall, at all times mentioned in section 204, be equipped with two single-beam head lamps meeting the requirements of section 216 or 218, respectively, and at least one red lamp visible from a distance of not less than five hundred feet to the rear; but every such self-propelled unit of farm equipment other than a farm tractor shall have two such red lamps or, as an alternative, one such red lamp and two red reflectors visible from all distances within six hundred feet to one hundred feet when directly in front of lawful upper beams of head lamps. (5)(a) Every combination of farm tractor and towed farm equipment or towed implement of husbandry equipped with an electric lighting system shall, at all times mentioned in section 204, be equipped with lamps as follows: Page 123 of 4167 49 (I) The farm tractor element of every such combination shall be equipped as required in subsection (4) of this section. (II) The towed unit of farm equipment or implement of husbandry element of such combination shall be equipped with two red lamps visible from a distance of not less than five hundred feet to the rear or, as an alternative, two red reflectors visible from all distances within six hundred feet to the rear when directly in front of lawful upper beams of head lamps. (b) Said combinations shall also be equipped with a lamp displaying a white or amber light, or any shade of color between white and amber, visible from a distance of not less than five hundred feet to the front and a lamp displaying a red light visible when lighted from a distance of not less than five hundred feet to the rear. (6) The lamps and reflectors required in this section shall be so positioned as to show from front and rear as nearly as practicable the extreme projection of the vehicle carrying them on the side of the roadway used in passing such vehicle. If a farm tractor or a unit of farm equipment, whether self-propelled or towed, is equipped with two or more lamps or reflectors visible from the front or two or more lamps or reflectors visible from the rear, such lamps or reflectors shall be so positioned that the extreme projections, both to the right and to the left of said vehicle, shall be indicated as nearly as practicable. (7) Every vehicle, including animal-drawn vehicles and vehicles referred to in section 202 (2), not specifically required by the provisions of this Code to be equipped with lamps or other lighting devices shall at all times specified in section 204 be equipped with at least one lamp displaying a white light visible from a distance of not less than five hundred feet to the front of said vehicle and shall also be equipped with two lamps displaying red lights visible from a distance of not less than five hundred feet to the rear of said vehicle or, as an alternative, one lamp displaying a red light visible from a distance of not less than five hundred feet to the rear and two red reflectors visible for distances of one hundred feet to six hundred feet to the rear when illuminated by the upper beams of head lamps. (8) Any person who violates any provision of this section commits a class B traffic infraction. 212. Spot lamps and auxiliary lamps. (1) Any motor vehicle may be equipped with not more than two spot lamps, and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than one hundred feet ahead of the vehicle. (2) Any motor vehicle may be equipped with not more than two fog lamps mounted on the front at a height of not less than twelve inches nor more than thirty inches above the level surface upon which the vehicle stands and so aimed that, when the vehicle is not loaded, none of the high- intensity portion of the light to the left of the center of the vehicle shall at a distance of twenty- five feet ahead project higher than a level of four inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the requirements of this subsection (2) may be used with lower head-lamp beams as specified in section 216 (1)(b). Page 124 of 4167 50 (3) Any motor vehicle may be equipped with not more than two auxiliary passing lamps mounted on the front at a height of not less than twenty inches nor more than forty-two inches above the level surface upon which the vehicle stands. The provisions of section 216 shall apply to any combination of head lamps and auxiliary passing lamps. (4) Any motor vehicle may be equipped with not more than two auxiliary driving lamps mounted on the front at a height of not less than sixteen inches nor more than forty-two inches above the level surface upon which the vehicle stands. The provisions of section 216 shall apply to any combination of head lamps and auxiliary driving lamps. (5) Any person who violates any provision of this section commits a class B traffic infraction. 213. Audible and visual signals on emergency vehicles. (1) Except as otherwise provided in this section or in section 42-4-222 in the case of volunteer fire vehicles and volunteer ambulances, every authorized emergency vehicle shall, in addition to any other equipment and distinctive markings required by this Code, be equipped as a minimum with a siren and a horn. Such devices shall be capable of emitting a sound audible under normal conditions from a distance of not less than five hundred feet. (2) Every authorized emergency vehicle, except those used as undercover vehicles by governmental agencies, shall, in addition to any other equipment and distinctive markings required by this Code, be equipped with at least one signal lamp mounted as high as practicable, which shall be capable of displaying a flashing, oscillating, or rotating red light to the front and to the rear having sufficient intensity to be visible at five hundred feet in normal sunlight. In addition to the required red light, flashing, oscillating, or rotating signal lights may be used which emit blue, white, or blue in combination with white. (3) A police vehicle, when used as an authorized emergency vehicle, may but need not be equipped with the red lights specified in this section. (4) Any authorized emergency vehicle, including those authorized by section 222, may be equipped with green flashing lights, mounted at sufficient height and having sufficient intensity to be visible at five hundred feet in all directions in normal daylight. Such lights may only be used at the single designated command post at any emergency location or incident and only when such command post is stationary. The single command post shall be designated by the on-scene incident commander in accordance with local or state government emergency plans. Any other use of a green light by a vehicle shall constitute a violation of this section. (5) The use of either the audible or the visual signal equipment described in this section shall impose upon drivers of other vehicles the obligation to yield right-of-way and stop as prescribed in section 705. (6) Any person who violates any provision of this section commits a class A traffic infraction. 214. Visual signals on service vehicles. (1) Except as otherwise provided in this section, every authorized service vehicle must, in addition to any other equipment required by this Code, be equipped with one or more warning lamps Page 125 of 4167 51 mounted as high as practicable, which must be capable of displaying in all directions one or more flashing, oscillating, or rotating yellow lights. Only yellow and no other color or combination of colors may be used as a warning lamp on an authorized service vehicle; except that an authorized service vehicle snowplow operated by a state, county, or local government may also be equipped with and use no more than two flashing, oscillating, or rotating blue lights as warning lamps. Lighted directional signs used by police and highway departments to direct traffic need not be visible except to the front and rear. Such lights must have sufficient intensity to be visible at five hundred feet in normal sunlight. (2) The warning lamps authorized in subsection (1) of this section shall be activated by the operator of an authorized service vehicle only when the vehicle is operating upon the roadway so as to create a hazard to other traffic. The use of such lamps shall not relieve the operator from the duty of using due care for the safety of others or from the obligation of using any other safety equipment or protective devices that are required by this Code. Service vehicles authorized to operate also as emergency vehicles shall also be equipped to comply with signal requirements for emergency vehicles. (3) Whenever an authorized service vehicle is performing its service function and is displaying lights as authorized in subsection (1) of this section, drivers of all other vehicles shall exercise more than ordinary care and caution in approaching, overtaking, or passing such service vehicle and, in the case of highway and traffic maintenance equipment engaged in work upon the highway, shall comply with the instructions of section 712. (4) On or after January 1, 1978, only authorized service vehicles shall be equipped with the warning lights authorized in subsection (1) of this section. (5) The department of transportation shall determine by rule which types of vehicles render an essential public service when operating on or along a roadway and warrant designation as authorized service vehicles under specified conditions, including, without limitation, vehicles that sell or apply chains or other equipment to motor vehicles necessary to enable compliance with section 106. (6)(a) Any person who violates any provision of this section commits a class B traffic infraction; except that a person commits a class A traffic infraction if the person passes an authorized service vehicle snowplow that is operated by a state, county, or local government, displaying lights as authorized in subsection (1) of this section, and performing its service function in echelon formation with one or more other such snowplows. (b) As used in this subsection (6), unless the context otherwise requires, “echelon formation” mean a formation in which snowplows are arranged diagonally, with each unit stationed behind and to the right, or behind and to the left, of the unit ahead. 215. Signal lamps and devices – additional lighting equipment. (1) Any motor vehicle may be equipped, and when required under this Code shall be equipped, with a stop lamp or lamps on the rear of the vehicle which, except as provided in section 204, shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than one hundred feet to the rear in normal sunlight, and which shall be Page 126 of 4167 52 actuated upon application of the service (foot) brake, and which may but need not be incorporated with one or more other rear lamps. Such stop lamp or lamps may also be automatically actuated by a mechanical device when the vehicle is reducing speed or stopping. If two or more stop lamps are installed on any motor vehicle, any device actuating such lamps shall be so designed and installed that all stop lamps are actuated by such device. (2) Any motor vehicle may be equipped, and when required under this Code shall be equipped, with lamps showing to the front and rear for the purpose of indicating an intention to turn either to the right or to the left. Such lamps showing to the front shall be located on the same level and as widely spaced laterally as practicable and when in use shall display a white or amber light, or any shade of color between white and amber, visible from a distance of not less than one hundred feet to the front in normal sunlight, and the lamps showing to the rear shall be located at the same level and as widely spaced laterally as practicable and, except as provided in section 204, when in use shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than one hundred feet to the rear in normal sunlight. When actuated, such lamps shall indicate the intended direction of turning by flashing the light showing to the front and rear on the side toward which the turn is made. (3) No stop lamp or signal lamp shall project a glaring or dazzling light. (4) Any motor vehicle may be equipped with not more than two side cowl or fender lamps which shall emit an amber or white light without glare. (5) Any motor vehicle may be equipped with not more than one running board courtesy lamp on each side thereof, which shall emit a white or amber light without glare. (6) Any motor vehicle may be equipped with not more than two back-up lamps either separately or in combination with other lamps, but no such back-up lamp shall be lighted when the motor vehicle is in forward motion. (7) Any vehicle may be equipped with lamps which may be used for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking, or passing and, when so equipped and when the said vehicle is not in motion or is being operated at a speed of twenty-five miles per hour or less and at no other time, may display such warning in addition to any other warning signals required by this Code. The lamps used to display such warning to the front shall be mounted at the same level and as widely spaced laterally as practicable and shall display simultaneously flashing white or amber lights, or any shade of color between white and amber. The lamps used to display such warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable and, except as provided in section 204, shall show simultaneously flashing amber or red lights, or any shade of color between amber and red. These warning lights shall be visible from a distance of not less than five hundred feet under normal atmospheric conditions at night. (8) Any vehicle eighty inches or more in overall width may be equipped with not more than three identification lamps showing to the front which shall emit an amber light without glare and not more than three identification lamps showing to the rear which shall emit a red light without glare. Such lamps shall be mounted horizontally. Page 127 of 4167 53 (9) Any person who violates any provision of this section commits a class B traffic infraction. 215.5. Signal lamps and devices – street rod vehicles and custom motor vehicles. Repealed. 216. Multiple-beam road lights - penalty. (1) Except as provided in this Code, the head lamps or the auxiliary driving lamp or the auxiliary passing lamp or combination of lamps on motor vehicles, other than motorcycles, autocycles, or low-power scooters, shall be arranged so that the driver may select at will between distributions of light projected to different elevations, and the lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations: (a) There shall be an uppermost distribution of light or composite beam so aimed and of such intensity as to reveal persons and vehicles at a distance of at least three hundred fifty feet ahead for all conditions of loading. (b) There shall be a lowermost distribution of light or composite beam so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred feet ahead; and on a straight level road under any condition of loading, none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver. (1.5) Head lamps arranged to provide a single distribution of light not supplemented by auxiliary driving lamps shall be permitted for low-speed electric vehicles in lieu of multiple beam, road- lighting equipment specified in this section if the single distribution of light complies with paragraph (b) of subsection (1) of this section. (2) A new motor vehicle, other than a motorcycle, autocycle, or low-power scooter, that has multiple beam road-lighting equipment, shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use and shall not otherwise be lighted. The indicator shall be designed and located so that when lighted it will be readily visible without glare to the driver of the vehicle so equipped. (3) Any person who violates any provision of this section commits a class B traffic infraction. 217. Use of multiple-beam lights. (1) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in section 204, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations: (a) Whenever a driver of a vehicle approaches an oncoming vehicle within five hundred feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light or composite beam specified in section 216 (1)(b) shall be deemed to avoid glare at all times, regardless of road contour and loading. Page 128 of 4167 54 (b) Whenever the driver of a vehicle follows another vehicle within two hundred feet to the rear, except when engaged in the act of overtaking and passing, such driver shall use a distribution of light permissible under this title other than the uppermost distribution of light specified in section 216 (1)(a). (c) A low-speed electric vehicle may use the distribution of light authorized in section 216 (1.5). (2) Any person who violates any provision of this section commits a class A traffic infraction. 218. Single-beam road-lighting equipment. (1) Head lamps arranged to provide a single distribution of light not supplemented by auxiliary driving lamps shall be permitted on motor vehicles manufactured and sold prior to July 15, 1936, in lieu of multiple-beam road-lighting equipment specified in section 216 if the single distribution of light complies with the following requirements and limitations: (a) The head lamps shall be so aimed that when the vehicle is not loaded none of the high- intensity portion of the light shall, at a distance of twenty-five feet ahead, project higher than a level of five inches below the level of the center of the lamp from which it comes and in no case higher than forty-two inches above the level on which the vehicle stands at a distance of seventy-five feet ahead. (b) The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two hundred feet. (2) Any person who violates any provision of this section commits a class B traffic infraction. 219. Number of lamps permitted. Whenever a motor vehicle equipped with head lamps as required in this Code is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of an intensity greater than three hundred candlepower, not more than a total of four of any such lamps on the front of a vehicle shall be lighted at any one time when upon a highway. Any person who violates any provision of this section commits a class B traffic infraction. 220. Low-power scooters – lighting equipment - department control - use and operation. (1)(a) A low-power scooter when in use at the times specified in section 204 shall be equipped with a lamp on the front that shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear, of a type approved by the department, that shall be visible from all distances from fifty feet to three hundred feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector. (b) No person shall operate a low-power scooter unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred feet; except Page 129 of 4167 55 that a low-power scooter shall not be equipped with nor shall any person use upon a low- power scooter a siren or whistle. (c) A low-power scooter shall be equipped with a brake that will enable the operator to make the braked wheels skid on dry, level, clean pavement. (2) (Deleted by amendment, L. 2009, (HB 09-1026), ch. 281, p. 1274, § 44, effective October 1, 2009.) (3)(a) Any lighted lamp or illuminating device upon a motor vehicle, other than head lamps, spot lamps, auxiliary lamps, flashing turn signals, emergency vehicle warning lamps, and school bus warning lamps, which projects a beam of light of an intensity greater than three hundred candlepower shall be so directed that no part of the high-intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet from the vehicle. (b) Repealed (c) This subsection (3) shall not be construed to prohibit the use on any vehicle of simultaneously flashing hazard warning lights as provided by section 215 (7). (4) No person shall have for sale, sell, or offer for sale, for use upon or as a part of the equipment of a motor vehicle, trailer, or semitrailer or for use upon any such vehicle, any head lamp, auxiliary or fog lamp, rear lamp, signal lamp, or reflector, which reflector is required under this Code, or parts of any of the foregoing which tend to change the original design or performance thereof, unless of a type which has been approved by the department of revenue. (5) No person shall have for sale, sell, or offer for sale, for use upon or as a part of the equipment of a motor vehicle, trailer, or semitrailer, any lamp or device mentioned in this section which has been approved by the department unless such lamp or device bears thereon the trademark or name under which it is approved so as to be legible when installed. (6) No person shall use upon any motor vehicle, trailer, or semitrailer any lamps mentioned in this section unless said lamps are mounted, adjusted, and aimed in accordance with instructions of the department of revenue. (7) Any person who violates any provision of this section commits a class B traffic infraction. 221. Bicycle, electric scooter, and personal mobility device equipment. (1) No other provision of this part 2 and no provision of part 3 of article 4 applies to a bicycle, electrical assisted bicycle, electric scooter, or EPAMD or to equipment for use on a bicycle, electrical assisted bicycle, electric scooter, or EPAMD except those provisions in this Article 4 made specifically applicable to such a vehicle. (2) Every bicycle, electrical assisted bicycle, or EPAMD in use at the times described in section 204 shall be equipped with a lamp on the front emitting a white light visible from a distance of at least five hundred feet to the front. Page 130 of 4167 56 (3) Every bicycle, electrical assisted bicycle, electric scooter, or EPAMD shall be equipped with a red reflector of a type approved by the department, which shall be visible for six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. (4) Every bicycle, electrical assisted bicycle, electric scooter, or EPAMD when in use at the times described in section 204 shall be equipped with reflective material of sufficient size and reflectivity to be visible from both sides for six hundred feet when directly in front of lawful lower beams of head lamps on a motor vehicle or, in lieu of such reflective material, with a lighted lamp visible from both sides from a distance of at least five hundred feet. (5) A bicycle, electrical assisted bicycle, electric scooter, or EPAMD or its rider may be equipped with lights or reflectors in addition to those required by subsections (2) to (4) of this section. (6) A bicycle, electrical assisted bicycle, or electric scooter shall not be equipped with, nor shall any person use upon a bicycle, electrical assisted bicycle, or electric scooter, any siren or whistle. (7) Every bicycle, electrical assisted bicycle, or electric scooter shall be equipped with a brake or brakes that will enable its rider to stop the bicycle, electrical assisted bicycle, or electric scooter within twenty-five feet from a speed of ten miles per hour on dry, level, clean pavement. (8) A person engaged in the business of selling bicycles, electrical assisted bicycles, or electric scooters at retail shall not sell any bicycle, electrical assisted bicycle, or electric scooter, unless the bicycle, electrical assisted bicycle, or electric scooter, has an identifying number permanently stamped or cast on its frame. (8.5) A local government may regulate the operation of an electric scooter in a manner that is no more restrictive than the manner in which the local government may regulate the operation of a class 1 electric assisted bicycle. (9)(a) On or after January 1, 2018, every manufacturer or distributor of new electrical assisted bicycles intended for sale or distribution in this state shall permanently affix to each electrical assisted bicycle, in a prominent location, a label that contains the classification number, top assisted speed, and motor wattage of the electrical assisted bicycle. The label must be printed in the Arial font in at least nine-point type. (b) A person shall not knowingly modify an electrical assisted bicycle so as to change the speed capability or motor engagement of the electrical assisted bicycle without also appropriately replacing, or causing to be replaced, the label indicating the classification required by subsection (9)(a) of this section. (10)(a) An electrical assisted bicycle must comply with the equipment and manufacturing requirements for bicycles adopted by the United States consumer product safety commission and codified at 16 CFR 1512 or its successor regulation. (b) A class 2 electrical assisted bicycle must operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied. Class 1 and class 3 electrical assisted bicycles must be equipped with a mechanism or circuit that cannot be bypassed and that causes the electric motor to disengage or cease to function when the rider stops pedaling. Page 131 of 4167 57 (c) A class 3 electrical assisted bicycle must be equipped with a speedometer that displays, in miles per hours, the speed the electrical assisted bicycle is traveling. (11) A person who violated this section commits a class B traffic infraction. 222. Volunteer firefighters – volunteer ambulance–attendants - special lights and alarm systems. (1)(a) All members of volunteer fire departments regularly attached to the fire departments organized within incorporated towns, counties, cities, and fire protection districts and all members of a volunteer ambulance service regularly attached to a volunteer ambulance service within an area that the ambulance service would be reasonably expected to serve may have their private automobiles equipped with a signal lamp or a combination of signal lamps capable of displaying flashing, oscillating, or rotating red lights visible to the front and rear at five hundred feet in normal sunlight. In addition to the red light, flashing, oscillating, or rotating signal lights may be used that emit white or white in combination with red lights. At least one of such signal lamps or combination of signal lamps shall be mounted on the top of the automobile. Said automobiles may be equipped with audible signal systems such as sirens, whistles, or bells. Said lights, together with any signal systems authorized by this subsection (1), may be used only as authorized by subsection (3) of this section or when a member of a fire department is responding to or attending a fire alarm or other emergency or when a member of an ambulance service is responding to an emergency requiring the member’s services. Except as authorized in subsection (3) of this section, neither such lights nor such signals shall be used for any other purpose than those set forth in this subsection (1). If used for any other purpose, such use shall constitute a violation of this subsection (1), and the violator commits a class B traffic infraction. (b) Notwithstanding the provisions of paragraph (a) of this subsection (1), a member of a volunteer fire department or a volunteer ambulance service may equip his or her private automobile with the equipment described in paragraph (a) of this subsection (1) only after receiving a permit for the equipment from the fire chief of the fire department or chief executive officer of the ambulance service through which the volunteer serves. (2) (Deleted by amendment, L. 96, p. 957, § 3, effective July 1, 1996.) (3) A fire engine collector or member of a fire department may use the signal system authorized by subsection (1) of this section in a funeral, parade, or for other special purposes if the circumstances would not lead a reasonable person to believe that such vehicle is responding to an actual emergency. 223. Brakes – penalty. (1) Brake equipment required: (a) Every motor vehicle, other than a motorcycle or autocycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold the vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be constructed so that failure of any one part Page 132 of 4167 58 of the operating mechanism does not leave the motor vehicle without brakes on at least two wheels. (b) Every motorcycle, autocycle, and low-power scooter, when operated upon a highway, shall be equipped with at least one brake, which may be operated by hand or foot. (c) Every trailer or semitrailer of a gross weight of three thousand pounds or more, when operated upon a highway, shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle and so designed as to be applied by the driver of the towing motor vehicle from the cab, and said brakes shall be so designed and connected that in case of an accidental breakaway of the towed vehicle the brakes shall be automatically applied. The provisions of this paragraph (c) shall not be applicable to any trailer which does not meet the definition of “commercial vehicle” as that term is defined in section 235 (1) (a) and which is owned by a farmer when transporting agricultural products produced on the owner’s farm or supplies back to the farm of the owner of the trailer, tank trailers not exceeding ten thousand pounds gross weight used solely for transporting liquid fertilizer or gaseous fertilizer under pressure, or distributor trailers not exceeding ten thousand pounds gross weight used solely for transporting and distributing dry fertilizer when hauled by a truck capable of stopping within the distance specified in subsection (2) of this section. (d) Every motor vehicle, trailer, or semitrailer constructed or sold in this state or operated upon the highways shall be equipped with service brakes upon all wheels of every such vehicle; except that: (I) Any trailer or semitrailer of less than three thousand pounds gross weight, or any horse trailer of a capacity of two horses or less, or any trailer which does not meet the definition of “commercial vehicle” as that term is defined in section 235 (1)(a) and which is owned by a farmer when transporting agricultural products produced on the owner’s farm or supplies back to the farm of the owner of the trailer, or tank trailers not exceeding ten thousand pounds gross weight used solely for transporting liquid fertilizer or gaseous fertilizer under pressure, or distributor trailers not exceeding ten thousand pounds gross weight used solely for transporting and distributing dry fertilizer when hauled by a truck capable of stopping with loaded trailer attached in the distance specified by subsection (2) of this section need not be equipped with brakes, and any two-wheel motor vehicle need have brakes on only one wheel. (II) Any truck or truck tractor, manufactured before July 25, 1980, and having three or more axles, need not have brakes on the wheels of the front or tandem steering axles if the brakes on the other wheels meet the performance requirements of subsection (2) of this section. (III) Every trailer or semitrailer of three thousand pounds or more gross weight must have brakes on all wheels. (e) Provisions of this subsection (1) shall not apply to manufactured homes. (2) Performance ability of brakes: Page 133 of 4167 59 (a) The service brakes upon any motor vehicle or combination of vehicles shall be adequate to stop such vehicle when traveling twenty miles per hour within a distance of forty feet when upon dry asphalt or concrete pavement surface free from loose material where the grade does not exceed one percent. (b) Under the conditions stated in paragraph (a) of this subsection (2), the hand brakes shall be adequate to stop such vehicle within a distance of fifty-five feet, and said hand brake shall be adequate to hold such vehicle stationary on any grade upon which operated. (c) Under the conditions stated in paragraph (a) of this subsection (2), the service brakes upon a motor vehicle equipped with two-wheel brakes only, when permitted under this section, shall be adequate to stop the vehicle within a distance of fifty-five feet. (d) All braking distances specified in this section shall apply to all vehicles mentioned, whether such vehicles are not loaded or are loaded to the maximum capacity permitted under this title. (e) All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as possible with respect to the wheels on opposite sides of the vehicle. (2.5) The department of public safety is specifically authorized to adopt rules relating to the use of surge brakes. (3) Any person who violates any provision of this section commits a class A traffic infraction. 224. Horns or warning devices. (1) Every motor vehicle, when operated upon a highway, shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound, except as provided in section 213(1) in the case of authorized emergency vehicles or as provided in section 222. The driver of a motor vehicle, when reasonably necessary to ensure safe operation, shall give audible warning with the horn but shall not otherwise use such horn when upon a highway. (2) No vehicle shall be equipped with nor shall any person use upon a vehicle any audible device except as otherwise permitted in this section. It is permissible but not required that any vehicle be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as a warning signal unless the alarm device is a required part of the vehicle. Nothing in this section is meant to preclude the use of audible warning devices that are activated when the vehicle is backing. Any authorized emergency vehicle may be equipped with an audible signal device under section 213 (1), but such device shall not be used except when such vehicle is operated in response to an emergency call or in the actual pursuit of a suspected violator of the law or for other special purposes, including, but not limited to, funerals, parades, and the escorting of dignitaries. Such device shall not be used for such special purposes unless the circumstances would not lead a reasonable person to believe that such vehicle is responding to an actual emergency. Page 134 of 4167 60 (3) A bicycle, electrical assisted bicycle, electric scooter, or low-power scooter shall not be equipped with, nor shall any person use upon a bicycle, electrical assisted bicycle, electric scooter, or a low-power scooter, a siren or whistle. (4) Snowplows and other snow-removal equipment shall display flashing yellow lights meeting the requirements of section 214 as a warning to drivers when such equipment is in service on the highway. (5)(a) When any snowplow or other snow removal equipment displaying flashing yellow lights is engaged in snow and ice removal or control, drivers of all other vehicles shall exercise more than ordinary care and caution in approaching, overtaking, or passing such snowplow. (b) The driver of a snowplow, while engaged in the removal or control of snow and ice on any highway open to traffic and while displaying the required flashing yellow warning lights as provided by section 214, shall not be charged with any violation of the provisions of this Code relating to parking or standing, turning, backing, or yielding the right-of-way. These exemptions shall not relieve the driver of a snowplow from the duty to drive with due regard for the safety of all persons, nor shall these exemptions protect the driver of a snowplow from the consequences of a reckless or careless disregard for the safety of others. (6)(a) Any person who violates any provision of this section commits a class B traffic infraction; except that a person commits a class A traffic infraction if the person passes an authorized service vehicle snowplow that is operated by a state, county, or local government, displaying lights as authorized in section 42-4-214, and performing its service function in echelon formation with one or more other such snowplows. (b) As used in this subsection (6), unless the context otherwise requires, “echelon formation” means a formation in which snowplows are arranged diagonally, with each unity stationed behind and to the right, or behind, and to the left, of the unit ahead. 225. Mufflers - prevention of noise. (1) Every motor vehicle subject to registration and operated on a highway shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise, and no such muffler or exhaust system shall be equipped with a cut- off, bypass, or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that emitted by the muffler originally installed on the vehicle, and such original muffler shall comply with all of the requirements of this section. (1.5) Any commercial vehicle, as defined in section 235 (1)(a), subject to registration and operated on a highway, that is equipped with an engine compression brake device is required to have a muffler. (2) A muffler is a device consisting of a series of chamber or baffle plates or other mechanical design for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise. Page 135 of 4167 61 (3) Any person who violates subsection (1) of this section commits a class B traffic infraction. Any person who violates subsection (1.5) of this section shall, upon conviction, be punished by a fine of five hundred dollars. Fifty percent of any fine for a violation of subsection (1.5) of this section occurring within the corporate limits of a city or town, or within the unincorporated area of a county, shall be transmitted to the treasurer or chief financial officer of said city, town, or county, and the remaining fifty percent shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in §§43-4-205(5.5)(a). (4) This section shall not apply to electric motor vehicles. 226. Mirrors - exterior placements. (1) Every motor vehicle shall be equipped with a mirror or mirrors so located and so constructed as to reflect to the driver a free and unobstructed view of the highway for a distance of at least two hundred feet to the rear of such vehicle. (2) Whenever any motor vehicle is not equipped with a rear window and rear side windows or has a rear window and rear side windows composed of, covered by, or treated with any material or component that, when viewed from the position of the driver, obstructs the rear view of the driver or makes such window or windows nontransparent, or whenever any motor vehicle is towing another vehicle or trailer or carrying any load or cargo or object that obstructs the rear view of the driver, such vehicle shall be equipped with an exterior mirror on each side so located with respect to the position of the driver as to comply with the visual requirement of subsection (1) of this section. (3) Any person who violates any provision of this section commits a class B traffic infraction. 227. Windows unobstructed – certain materials prohibited - windshield wiper requirements. (1)(a)(I) Except as provided in this paragraph (a), no person shall operate any motor vehicle registered in Colorado on which any window, except the windshield, is composed of, covered by, or treated with any material or component which presents an opaque, nontransparent, or metallic or mirrored appearance in such a way that it allows less than twenty-seven percent light transmittance. The windshield shall allow seventy percent light transmittance. (II) The provisions of this paragraph (a) shall not apply to the windows to the rear of the driver, including the rear window, on any motor vehicle; however, if such windows allow less than twenty-seven percent light transmittance, then the front side windows and the windshield on such vehicles shall allow seventy percent light transmittance. (III) A law enforcement vehicle may have its windows, except the windshield, treated in such a manner so as to allow less than twenty-seven percent light transmittance only for the purpose of providing a valid law enforcement service. A law enforcement vehicle with such window treatment shall not be used for any traffic law enforcement operations, including operations concerning any offense in this article. For purposes of this subparagraph (III), “law enforcement vehicle” means a vehicle owned or leased by a state or local law Page 136 of 4167 62 enforcement agency. The treatment of the windshield of a law enforcement vehicle is subject to the limits described in paragraph (b) of this subsection (1). (b) Notwithstanding any provision of paragraph (a) of this subsection (1), nontransparent material may be applied, installed, or affixed to the topmost portion of the windshield subject to the following: (I) The bottom edge of the material extends no more than four inches measured from the top of the windshield down; (II) The material is not red or amber in color, nor does it affect perception of primary colors or otherwise distort vision or contain lettering that distorts or obstructs vision; (III) The material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or preceding vehicles to any greater extent than the windshield without the material. (c) Nothing in this subsection (1) shall be construed to prevent the use of any window which is composed of, covered by, or treated with any material or component in a manner approved by federal statute or regulation if such window was included as a component part of a vehicle at the time of the vehicle manufacture, or the replacement of any such window by such covering which meets such guidelines. (d) No material shall be used on any window in the motor vehicle that presents a metallic or mirrored appearance. (e) Nothing in this subsection (1) shall be construed to deny or prevent the use of certificates or other papers which do not obstruct the view of the driver and which may be required by law to be displayed. (2) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle. (3) (a) Except as provided in paragraph (b) of this subsection (3), any person who violates any provision of this section commits a class B traffic infraction. (b) Any person who installs, covers, or treats a windshield or window so that the windshield or window does not meet the requirements of subsection (1)(a) of this section commits a class A traffic infraction. (4) This section shall apply to all motor vehicles; except that subsection (2) of this section shall not apply to low-speed electric vehicles. 228. Restrictions on tire equipment. (1) Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery. Page 137 of 4167 63 (2) No person shall operate or move on any highway any motor vehicle, trailer, or semitrailer having any metal tire in contact with the roadway, and it is unlawful to operate upon the highways of this state any motor vehicle, trailer, or semitrailer equipped with solid rubber tires. (3) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, or spike or any other protuberances of any material other than rubber which projects beyond the tread on the traction surface of the tire; except that, on single-tired passenger vehicles and on other single-tired vehicles with rated capacities up to and including three-fourths ton, it shall be permissible to use tires containing studs or other protuberances which do not project more than one-sixteenth of an inch beyond the tread of the traction surface of the tire; and except that it shall be permissible to use farm machinery with tires having protuberances which will not injure the highway; and except also that it shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid. (4) The department of transportation and local authorities in their respective jurisdictions, in their discretion, may issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this Code. (5)(a) No person shall drive or move a motor vehicle on any highway unless such vehicle is equipped with tires in safe operating condition in accordance with this subsection (5) and any supplemental rules and regulations promulgated by the executive director of the department. (b) The executive director of the department shall promulgate such rules as the executive director deems necessary setting forth requirements of safe operating conditions for tires. These rules shall be utilized by law enforcement officers for visual inspection of tires and shall include methods for simple gauge measurement of tire tread depth. (c) A tire shall be considered unsafe if it has: (I) Any bump, bulge, or knot affecting the tire structure; (II) A break which exposes a tire body cord or is repaired with a boot or patch; (III) A tread depth of less than two thirty-seconds of an inch measured in any two tread grooves at three locations equally spaced around the circumference of the tire, or, on those tires with tread wear indicators, a tire shall be considered unsafe if it is worn to the point that the tread wear indicators contact the road in any two-tread grooves at three locations equally spaced around the circumference of the tire; except that this subparagraph (III) shall not apply to tires on a commercial vehicle as such term is defined in section 235 (1)(a); or (IV) Such other conditions as may be reasonably demonstrated to render it unsafe. (6) No passenger car tire shall be used on any motor vehicle which is driven or moved on any highway if such tire was designed or manufactured for non-highway use. Page 138 of 4167 64 (7) No person shall sell any motor vehicle for highway use unless the vehicle is equipped with tires that are in compliance with subsections (5) and (6) of this section and any rules of safe operating condition promulgated by the department. (8)(a) Any person who violates any provision of subsection (1), (2), (3), (5), or (6) of this section commits a class A traffic infraction. (b) Any person who violates any provision of subsection (7) of this section commits a class 2 misdemeanor traffic offense. 229. Safety glazing material in motor vehicles. (1) No person shall sell any new motor vehicle, nor shall any new motor vehicle be registered, unless such vehicle is equipped with safety glazing material of a type approved by the department for any required front windshield and wherever glazing material is used in doors and windows of said motor vehicle. This section shall apply to all passenger-type motor vehicles, including passenger buses and school buses, but, in respect to camper coaches and trucks, including truck tractors, the requirements as to safety glazing material shall apply only to all glazing material used in required front windshields and that used in doors and windows in the drivers’ compartments and such other compartments as are lawfully occupied by passengers in said vehicles. (2) The term “safety glazing materials” means such glazing materials as will reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they may be cracked or broken. (3) The department shall compile and publish a list of types of glazing material by name approved by it as meeting the requirements of this section, and the department shall not, after January 1, 1958, register any motor vehicle which is subject to the provisions of this section unless it is equipped with an approved type of safety glazing material, and the department shall suspend the registration of any motor vehicle subject to this section which is found to be not so equipped until it is made to conform to the requirements of this section. (4) No person shall operate a motor vehicle on any highway within this state unless the vehicle is equipped with a front windshield as provided in this section, except as provided in section 232 (1) and except for motor vehicles registered as collectors’ items under sections 42-12-301 or 42-12- 302. (5) Any person who violates any provision of this section commits a class B traffic infraction. 230. Emergency lighting equipment - who must carry. (1) No motor vehicle carrying a truck license and weighing six thousand pounds or more and no passenger bus shall be operated over the highways of this state at any time without carrying in an accessible place inside or on the outside of the vehicle three bidirectional emergency reflective triangles of a type approved by the department, but the use of such equipment is not required in municipalities where there are street lights within not more than one hundred feet. Page 139 of 4167 65 (2) Whenever a motor vehicle referred to in subsection (1) of this section is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops, the driver of the stopped motor vehicle shall immediately activate the vehicular hazard warning signal flashers and continue the flashing until the driver places the bidirectional emergency reflective triangles as directed in subsection (3) of this section. (3) Except as provided in subsection (2) of this section, whenever a motor vehicle referred to in subsection (1) of this section is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops, the driver shall, as soon as possible, but in any event within ten minutes, place the bidirectional emergency reflective triangles in the following manner: (a) One at the traffic side of the stopped vehicle, within ten feet of the front or rear of the vehicle; (b) One at a distance of approximately one hundred feet from the stopped vehicle in the center of the traffic lane or shoulder occupied by the vehicle and in the direction toward traffic approaching in that lane; and (c) One at a distance of approximately one hundred feet from the stopped vehicle in the opposite direction from those placed in accordance with paragraphs (a) and (b) of this subsection (3) in the center of the traffic lane or shoulder occupied by the vehicle; or (d) If the vehicle is stopped within five hundred feet of a curve, crest of a hill, or other obstruction to view, the driver shall place the emergency equipment required by this subsection (3) in the direction of the obstruction to view at a distance of one hundred feet to five hundred feet from the stopped vehicle so as to afford ample warning to other users of the highway; or (e) If the vehicle is stopped upon the traveled portion or the shoulder of a divided or one-way highway, the driver shall place the emergency equipment required by this subsection (3), one at a distance of two hundred feet and one at a distance of one hundred feet in a direction toward approaching traffic in the center of the lane or shoulder occupied by the vehicle, and one at the traffic side of the vehicle within ten feet of the rear of the vehicle. (4) No motor vehicle operating as a tow truck, as defined in section 40-10.1-101(21), at the scene of an accident shall move or attempt to move any wrecked vehicle without first complying with those sections of the law concerning emergency lighting. (5) Any person who violates any provision of this section commits a class B traffic infraction. 231. Parking lights. When lighted lamps are required by section 204, no vehicle shall be driven upon a highway with the parking lights lighted except when the lights are being used as signal lamps and except when the head lamps are lighted at the same time. Parking lights are those lights permitted by section 215 and any other lights mounted on the front of the vehicle, designed to be displayed primarily when the vehicle is parked. Any person who violates any provision of this section commits a class B traffic infraction. Page 140 of 4167 66 232. Minimum safety standards for motorcycles, autocycles, and low-power scooters. (1)(a) Except as provided in subsection (1)(b) of this section, a person shall not drive a motorcycle, autocycle, or low-power scooter on a public highway unless the person and any passenger in or on the motorcycle, autocycle, or low-power scooter is wearing goggles or eyeglasses with lenses made of safety glass or plastic; except that this subsection (1) does not apply to a person wearing a helmet containing eye protection made of safety glass or plastic. (b) A person driving or riding an autocycle need not wear eye protection if the autocycle has: (I) Three wheels; (II) A maximum design speed of twenty-five miles per hour or less; (III) A windshield; and (IV) Seat belts. (2) The department shall adopt standards and specifications for the design of goggles and eyeglasses. (3) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passengers. (4) Any person who violates any provision of this section commits a class A traffic infraction. 233. Alteration of suspension system. (1) No person shall operate a motor vehicle of a type required to be registered under the laws of this state upon a public highway with either the rear or front suspension system altered or changed from the manufacturer’s original design except in accordance with specifications permitting such alteration established by the department. Nothing contained in this section shall prevent the installation of manufactured heavy duty equipment to include shock absorbers and overload springs, nor shall anything contained in this section prevent a person from operating a motor vehicle on a public highway with normal wear of the suspension system if normal wear shall not affect the control of the vehicle. (2) This section shall not apply to motor vehicles designed or modified primarily for off-highway racing purposes, and such motor vehicles may be lawfully towed on the highways of this state. (3) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense. 234. Slow-moving vehicles - display of emblem. (1)(a) All machinery, equipment, and vehicles, except bicycles, electrical assisted bicycles, electric scooters, and other human-powered vehicles, designed to operate or normally operated at a speed of less than twenty-five miles per hour on a public highway must display a triangular slow- moving vehicle emblem on the rear. Page 141 of 4167 67 (b) The department shall set standards for a triangular slow-moving emblem for use on low- speed electric vehicles. (c) Bicycles, electrical assisted bicycles, electric scooters and other human-powered vehicles may, but need not, display the emblem specified in this subsection (1). (2) The executive director of the department shall adopt standards and specifications for such emblem, position of the mounting thereof, and requirements for certification of conformance with the standards and specifications adopted by the American society of agricultural engineers concerning such emblems. The requirements of such emblem shall be in addition to any lighting device required by law. (3) The use of the emblem required under this section shall be restricted to the use specified in subsection (1) of this section, and its use on any other type of vehicle or stationary object shall be prohibited. (4) Any person who violates any provision of this section commits a class B traffic infraction. 235. Minimum standards for commercial vehicles – motor carrier safety fund – created – definition - rules. (1) As used in this section, unless the context otherwise requires: (a) "Commercial vehicle" means: (I) A self-propelled or towed vehicle; (A) Bearing an apportioned plate; (B) Having a manufacturer’s gross vehicle weight rating or gross combination rating of at least sixteen thousand one pounds and used in commerce on public highways; or (C) Having a manufacturer’s gross vehicle weight rating or gross combination rating of at least sixteen thousand one pounds and used to transport sixteen or more passengers, including the driver, unless the vehicle is a school bus regulated in accordance with section 42-4-1904, or a vehicle that does not have a gross vehicle weight rating of twenty-six thousand one or more pounds and that is owned or operated by a school district so long as the school district does not receive remuneration, other than reimbursement of the school district’s costs, for the use of the vehicle; (II) Any motor vehicle designed or equipped to transport other motor vehicles from place to place by means of winches, cables, pulleys, or other equipment for towing, pulling, or lifting, when such motor vehicle is used in commerce on the public highways of this state; and (III) A motor vehicle that is used on the public highways and transports materials determined by the secretary of transportation to be hazardous under 49 U.S.C. sec. 5103 in such quantities as to require placarding under 49 CFR parts 172 and 173. (b) Repealed. Page 142 of 4167 68 (c) "Motor carrier" means every person, lessee, receiver, or trustee appointed by any court whatsoever owning, controlling, operating, or managing any commercial vehicle as defined in paragraph (a) of this subsection (1). (2)(a) A person shall not operate a commercial vehicle, as defined in subsection (1) of this section, on any public highway of this state unless the vehicle is in compliance with the rules adopted by the chief of the Colorado state patrol pursuant to subsection (4) of this section. A person that violates such rules, including intrastate motor carriers, shall be subject to the civil penalties authorized pursuant to 49 CFR 386, subpart G. A person that uses an independent contractor is not liable for penalties imposed on the independent contractor for equipment, acts, and omissions within the independent contractor's control or supervision. A state agency or court collecting civil penalties pursuant to this article 4 shall transmit the civil penalties to the state treasurer, who shall credit the same to the highway users tax fund created in section 43-4-201, for allocation and expenditure as specified in section 43-4-205(5.5)(a). (b) Notwithstanding paragraph (a) of this subsection (2): (I) Intrastate motor carriers shall not be subject to any provisions in 49 CFR, part 386, subpart G that relate the amount of a penalty to a violator's ability to pay, and such penalties shall be based upon the nature and gravity of the violation, the degree of culpability, and such other matters as justice and public safety may require; (II) When determining the assessment of a civil penalty for safety violations, the period of a motor carrier's safety compliance history that a compliance review officer may consider shall not exceed three years; and (III) The intrastate operation of implements of husbandry shall not be subject to the civil penalties provided in 49 CFR, part 386, subpart G. Nothing in this subsection (2) shall be construed to repeal, preempt, or negate any existing regulatory exemption for agricultural operations, intrastate farm vehicle drivers, intrastate vehicles or combinations of vehicles with a gross vehicle weight rating of not more than twenty-six thousand pounds that do not require a commercial driver's license to operate, or any successor or analogous agricultural exemptions, whether based on federal or state law. (IV) This section does not apply to a motor vehicle or motor vehicle and trailer combination: (A) With a gross vehicle weight, gross vehicle weight rating, or gross combination rating of less than twenty-six thousand one pounds; (B) Not operated in interstate commerce; (C) Not transporting hazardous materials requiring placarding; (D) Not transporting either sixteen or more passengers including the driver or eight or more passengers for compensation; and (E) If the motor vehicle or combination is being used solely for agricultural purposes. (c) The Colorado state patrol has exclusive enforcement authority to conduct compliance reviews, as defined in 49 CFR 385.3, and to impose civil penalties pursuant to the reviews. Page 143 of 4167 69 This subsection (2)(c) does not expand or limit the ability of local governments to conduct roadside safety inspections. (d)(I) Pursuant to section 42-3-120, upon notice from the Colorado state patrol, for a carrier that fails to pay in full a civil penalty imposed pursuant to this subsection (2) within thirty days after notification of the penalty or fails to cooperate with the completion of a compliance review within thirty days after notification of the failure to cooperate, the department shall: (A) cancel the motor carrier’s registration; and (B) enter both the motor carrier and its vehicles as out-of-service in the federal motor carrier safety administration system of record. (II) Repealed. (3) Any motor carrier operating a commercial vehicle within Colorado must declare knowledge of the rules and regulations adopted by the chief of the Colorado state patrol pursuant to subsection (4) of this section. The declaration of knowledge shall be in writing on a form provided by the Colorado state patrol. Such form must be signed and returned by a motor carrier according to rules adopted by the chief. (4)(a)(I) Except as described in subsection (4)(a)(III) of this section, the chief of the Colorado state patrol shall adopt rules for the operation of all commercial vehicles and, as specified in subsection (4)(a)(II) of this section, vehicles that would be commercial vehicles but for the fact that they have a manufacturer's gross vehicle weight rating or gross combination rating of ten thousand one pounds or more but not more than sixteen thousand pounds. In adopting the rules, the chief shall use as general guidelines the standards contained in the current rules and regulations of the United States department of transportation relating to safety regulations, qualifications of drivers, driving of motor vehicles, parts and accessories, notification and reporting of accidents, hours of service of drivers, inspection, repair and maintenance of motor vehicles, financial responsibility, insurance, and employee safety and health standards; except that rules regarding financial responsibility and insurance do not apply to a commercial vehicle as defined in subsection (1) of this section that is also subject to regulation by the public utilities commission under article 10.1 of title 40. On and after September 1, 2003, all commercial vehicle safety inspections conducted to determine compliance with rules promulgated by the chief pursuant to this subsection (4)(a) must be performed by an enforcement official, as defined in section 42-20-103(2), who has been certified by the commercial vehicle safety alliance, or any successor organization thereto, to perform level I inspections. (II) With respect to the operation of all vehicles that would be commercial vehicles but for the fact that they have a manufacturer’s gross vehicle weight rating or gross combination rating of ten thousand one pounds or more but not more than sixteen thousand pounds, the chief of the Colorado state patrol may adopt rules that authorize the Colorado state patrol to: (A) Annually inspect these vehicles; (B) Enforce with respect to these vehicles all requirements for the securing of loads that apply to commercial vehicles; and Page 144 of 4167 70 (C) Enforce with respect to these vehicles all requirements relating to the use of coupling devices for commercial vehicles. (III) Rules establishing insurance requirements for vehicles used by licensed river outfitters are established by the parks and wildlife commission pursuant to section 33-32-103(1)(e). (b) The Colorado public utilities commission may enforce safety rules of the chief of the Colorado state patrol governing commercial vehicles described in subparagraphs (I) and (II) of paragraph (a) of subsection (1) of this section pursuant to his or her authority to regulate motor carriers, as defined in section 40-10.1-101, including the issuance of civil penalties for violations of such rules as provided in section 40-7-113. (5) Any person who violates a rule or regulation promulgated by the chief of the Colorado state patrol pursuant to this section or fails to comply with subsection (3) of this section commits a class 2 misdemeanor traffic offense. (6) The motor carrier safety fund is created in the state treasury. The fund consists of moneys transferred from the public utilities commission motor carrier fund pursuant to section 40-2- 110.5(9)(a). Moneys in the fund are subject to appropriation by the general assembly for the direct and indirect costs of the advancement of highway safety relating to commercial carrier operations pursuant to this section. All interest derived from the deposit and investment of moneys in the fund are credited to the fund, and any moneys not appropriated remain in the fund and do not transfer or revert to the general fund or any other fund. 236. Child restraint systems required - definitions - exemptions. (1) As used in this section, unless the context otherwise requires: (a) “Child care center” means a facility required to be licensed under the “Foster Care, Residential, Day Treatment, and Agency Licensing Act”, part 9 of article 6 of title 26, or the “Child Care Licensing Act”, part 3 of article 5 of title 26.5. (a.3) Deleted. (a.5) “Child restraint system” means a specially designed seating system that is designed to protect, hold, or restrain a child in a motor vehicle in such a way as to prevent or minimize injury to the child in the event of a motor vehicle accident that is either permanently affixed to a motor vehicle or is affixed to such vehicle by a safety belt or a universal attachment system, and that meets the federal motor vehicle safety standards set forth in section 49 CFR 571.213, as amended. (a.7) Deleted. (a.8) "Motor vehicle" means a passenger car; a pickup truck; or a van, minivan, or sport utility vehicle with a gross vehicle weight rating of less than ten thousand pounds. "Motor vehicle" does not include motorcycles, low-power scooters, and farm tractors and implements of husbandry designed primarily or exclusively for use in agricultural operations. (b) “Safety belt” means a lap belt, a shoulder belt, or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers, except any such belt that is Page 145 of 4167 71 physically a part of a child restraint system. “Safety belt” includes the anchorages, the buckles, and all other equipment directly related to the operation of safety belts. Proper use of a safety belt means the shoulder belt, if present, crosses the shoulder and chest and the lap belt crosses the hips, touching the thighs. (c) “Seating position” means any motor vehicle interior space intended by the motor vehicle manufacturer to provide seating accommodation while the motor vehicle is in motion. (2)(a)(I) Unless exempted pursuant to subsection (3) of this section, and except as otherwise provided in subparagraphs (II) and (III) of this paragraph (a), every child who is under eight years of age and who is being transported in this state in a motor vehicle or in a vehicle operated by a child care center, shall be properly restrained in a child restraint system according to the manufacturer’s instructions: (II) If the child is less than one year of age and weighs less than twenty pounds, the child shall be properly restrained in a rear-facing child restraint system in a rear seat of the vehicle. (III) If the child is one year of age or older, but less than four years of age, and weighs less than forty pounds, but at least twenty pounds, the child shall be properly restrained in a rear-facing or forward- facing child restraint system. (b) Unless excepted pursuant to subsection (3) of this section, every child, who is at least eight years of age but less than sixteen years of age who is being transported in this state in a motor vehicle or in a vehicle operated by a child care center, shall be properly restrained in a safety belt or child restraint system according to the manufacturer's instructions. (c) If a parent is in the motor vehicle, it is the responsibility of the parent to ensure that his or her child or children are provided with and that they properly use a child restraint system or safety belt system. If a parent is not in the motor vehicle, it is the responsibility of the driver transporting a child or children, subject to the requirements of this section, to ensure that such children are provided with and that they properly use a child restraint system or safety belt system. (3) Except as provided in section 42-2-105.5(4), the requirements of subsection (2) of this section shall not apply to a child who: (a) Repealed. (b) Is less than eight years of age and is being transported in a motor vehicle as a result of a medical or other life-threatening emergency and a child restraint system is not available; (c) Is being transported in a commercial motor vehicle, as defined in section 42-2-402(4)(a), that is operated by a child care center; or (d) Is the driver of a motor vehicle and is subject to the safety belt requirements provided in section 237; (e) (Deleted by amendment, L. 2011, (SB 11-227), ch. 295, p. 1399, § 1, effective June 7, 2011.) Page 146 of 4167 72 (f) Is being transported in a motor vehicle that is operated in the business of transporting persons for compensation or hire by or on behalf of a common carrier or a contract carrier as those terms are defined in section 40-10.1-101, or an operator of a luxury limousine service as defined in section 40-10.1-301. (4) No Rule. (5) No person shall use a safety belt or child restraint system, whichever is applicable under the provisions of this section, for children under sixteen years of age in a motor vehicle unless it conforms to all applicable federal motor vehicle safety standards. (6) Any violation of this section shall not constitute negligence per se or contributory negligence per se. (7) (a) Except as otherwise provided in paragraph (b) of this subsection (7), any person who violates any provision of this section commits a class B traffic infraction. (b) A minor driver under eighteen years of age who violates this section shall be punished in accordance with section 42-2-105.5(5)(b). (8) The fine may be waived if the defendant presents the court with satisfactory evidence or proof of the acquisition, purchase, or rental of a child restraint system by the time of the court appearance. (9) (Deleted by amendment, L. 2010, (SB 10-110), ch 294, p. 1365, § 3, effective August 1, 2020. (10) and (11) Repealed. 237. Safety belt systems – mandatory use - exemptions – penalty - definitions. (1) As used in this section: (a) “Motor vehicle” means a self-propelled vehicle intended primarily for use and operation on the public highways, including passenger cars, station wagons, vans, taxicabs, ambulances, motor homes, and pickups. The term does not include motorcycles, low-power scooters, passenger buses, school buses, and farm tractors and implements of husbandry designed primarily or exclusively for use in agricultural operations. (b) “Safety belt system” means a system utilizing a lap belt, a shoulder belt, or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers, which system conforms to federal motor vehicle safety standards. (2) Unless exempted pursuant to subsection (3) of this section, every driver of and every front seat passenger in a motor vehicle and every driver of and every passenger in an autocycle equipped with a safety belt system shall wear a fastened safety belt while the motor vehicle is being operated on a street or highway in this state. (3) Except as provided in section 42-2-105.5, the requirement of subsection (2) of this section shall not apply to: Page 147 of 4167 73 (a) A child required by section 236 to be restrained by a child restraint system; (b) A member of an ambulance team, other than the driver, while involved in patient care; (c) A peace officer as described in section 16-2.5-101, while performing official duties so long as the performance of said duties is in accordance with rules and regulations applicable to said officer which are at least as restrictive as subsection (2) of this section and which only provide exceptions necessary to protect the officer; (d) A person with a physically or psychologically disabling condition whose physical or psychological disability prevents appropriate restraint by a safety belt system if such person possesses a written statement by a physician certifying the condition, as well as stating the reason why such restraint is inappropriate; (e) A person driving or riding in a motor vehicle not equipped with a safety belt system due to the fact that federal law does not require such vehicle to be equipped with a safety belt system; (f) A rural letter carrier of the United States postal service while performing duties as a rural letter carrier; and (g) A person operating a motor vehicle which does not meet the definition of “commercial vehicle” as that term is defined in section 235 (1)(a) for commercial or residential delivery or pickup service; except that such person shall be required to wear a fastened safety belt during the time period prior to the first delivery or pickup of the day and during the time period following the last delivery or pickup of the day. (4)(a) Except as otherwise provided in paragraph (b) of this subsection (4), any person who operates a motor vehicle while such person or any passenger is in violation of the requirement of subsection (2) of this section commits a class B traffic infraction. Penalties collected pursuant to this subsection (4) shall be transmitted to the appropriate authority pursuant to the provisions of section 42-1-217(1)(e) and (2). (b) A minor driver under eighteen years of age who violates this section shall be punished in accordance with section 42-2-105.5(5)(b). (5) No driver in a motor vehicle shall be cited for a violation of subsection (2) of this section unless such driver was stopped by a law enforcement officer for an alleged violation of Codes 1 to 4 of this title other than a violation of this section. (6) Testimony at a trial for a violation charged pursuant to subsection (4) of this section may include: (a) Testimony by a law enforcement officer that the officer observed the person charged operating a motor vehicle while said operator or any passenger was in violation of the requirement of subsection (2) of this section; or (b) Evidence that the driver removed the safety belts or knowingly drove a vehicle from which the safety belts had been removed. Page 148 of 4167 74 (7) Evidence of failure to comply with the requirement of subsection (2) of this section shall be admissible to mitigate damages with respect to any person who was involved in a motor vehicle accident and who seeks in any subsequent litigation to recover damages for injuries resulting from the accident. Such mitigation shall be limited to awards for pain and suffering and shall not be used for limiting recovery of economic loss and medical payments. 238. Blue and red lights - illegal use or possession. (1) A person shall not be in actual physical control of a vehicle, except an authorized emergency vehicle as defined in section 42-1-102(6), that the person knows contains a lamp or device that is designed to display, or that is capable of displaying if affixed or attached to the vehicle, a red or blue light visible directly in front of the center of the vehicle. (2) It shall be an affirmative defense that the defendant was: (a) A peace officer as described in section 16-2.5-101; or (b) In actual physical control of a vehicle expressly authorized by a chief of police or sheriff to contain a lamp or device that is designed to display, or that is capable of displaying if affixed or attached to the vehicle, a red or blue light visible from directly in front of the center of the vehicle; or (c) A member of a volunteer fire department or a volunteer ambulance service who possesses a permit from the fire chief of the fire department or chief executive officer of the ambulance service through which the volunteer serves to operate a vehicle pursuant to section 222 (1)(b); or (d) A vendor who exhibits, sells, or offers for sale a lamp or device designed to display, or that is capable of displaying, if affixed or attached to the vehicle, a red or blue light; or (e) A collector of fire engines, fire suppression vehicles, or ambulances and the vehicle to which the red or blue lamps were affixed is valued for the vehicle’s historical interest or as a collector’s item. (3) A violation of this section is a class 2 misdemeanor. 239. Misuse of a wireless telephone – definitions - penalty - preemption. (1) As used in this section, unless the context otherwise requires: (a) “Emergency” means a situation in which a person: (I) Has reason to fear for such person’s life or safety or believes that a criminal act may be perpetrated against such person or another person, requiring the use of a wireless telephone while the car is moving; or (II) Reports a fire, a traffic accident in which one or more injuries are apparent, a serious road hazard, a medical or hazardous materials emergency, or a person who is driving in a reckless, careless, or otherwise unsafe manner. Page 149 of 4167 75 (b) “Operating a motor vehicle” means driving a motor vehicle on a public highway, but “operating a motor vehicle” shall not mean maintaining the instruments of control while the motor vehicle is at rest in a shoulder lane or lawfully parked. (c) “Use” means talking on or listening to a wireless telephone or engaging the wireless telephone for text messaging or other similar forms of manual data entry or transmission. (d) “Wireless telephone” means a telephone that operates without a physical, wireline connection to the provider’s equipment. The term includes, without limitation, cellular and mobile telephones. (2) A person under eighteen years of age shall not use a wireless telephone while operating a motor vehicle. This subsection (2) does not apply to acts specified in subsection (3) of this section. (3) A person shall not use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission while operating a motor vehicle. (4) Subsection (2) or (3) of this section shall not apply to a person who is using the wireless telephone: (a) To contact a public safety entity; or (b) During an emergency. (5)(a) A person who operates a motor vehicle in violation of subsection (2) of this section commits a class A traffic infraction as defined in section 42-4-1701(3). and the court or the department of revenue shall assess a fine of fifty dollars. (b) A second or subsequent violation of subsection (2) of this section is a class A traffic infraction as defined in section 1701(3), and the court or the department of revenue shall assess a fine of one hundred dollars. (5.5)(a) Except as provided in subsections (5.5)(b) and (5.5)(c) of this section, a person who operates a motor vehicle in violation of subsection (3) of this section commits a class 2 misdemeanor traffic offense, and the court or the department shall assess a fine of three hundred dollars. (b) If the person’s actions are the proximate cause of bodily injury to another, the person commits a class 1 misdemeanor traffic offense and shall be punished as provided in section 42- 4-1701(3)(a)(II). (c) If the person’s actions are the proximate cause of death to another, the person commits a class 1 misdemeanor traffic offense and shall be punished as provided in section 42-4- 1701(3)(a)(II). (6)(a) An operator of a motor vehicle shall not be cited for a violation of subsection (2) of this section unless the operator was under eighteen years of age and a law enforcement officer saw the operator use, as defined in paragraph (c) of subsection (1) of this section, a wireless telephone. Page 150 of 4167 76 (b) An operator of a motor vehicle shall not be cited for a violation of subsection (3) of this section unless a law enforcement officer saw the operator use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission, in a manner that caused the operator to drive in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, as prohibited by 42-4-1402. (7) The provisions of this section shall not be construed to authorize the seizure and forfeiture of a wireless telephone, unless otherwise provided by law. (8) This section does not restrict operation of an amateur radio station by a person who holds a valid amateur radio operator license issued by the federal communications commission. (9) The general assembly finds and declares that use of wireless telephones in motor vehicles is a matter of statewide concern. 240. Low-speed electric vehicle equipment requirements. A low-speed electric vehicle shall conform with applicable federal manufacturing equipment standards. Any person who operates a low-speed electric vehicle in violation of this section commits a class B traffic infraction. 241. Unlawful removal of tow-truck signage - unlawful usage of tow-truck signage. (1)(a) A person, other than a towing carrier or peace officer as described in section 16-2.5-101, commits the crime of unlawful removal of tow-truck signage if: (I) A towing carrier has placed a tow-truck warning sign on the driver-side window of a vehicle to be towed or, if window placement is impracticable, in another location on the driver-side of the vehicle; and (II) The vehicle to be towed is within fifty feet of the towing carrier vehicle; and (III) The person removes the tow-truck warning sign from the vehicle before the tow is completed. (b) A person commits the crime of unlawful usage of tow-truck signage if the person places a tow-truck warning sign on a vehicle when the vehicle is not in the process of being towed or when the vehicle is occupied. (c) A towing carrier may permit an owner of the vehicle to be towed to retrieve any personal items from the vehicle before the vehicle is towed. (2) A person who violates subsection (1) of this section commits a class A traffic infraction. (3) For purposes of this section, "tow-truck warning sign" means a sign that is at least eight inches by eight inches, is either yellow or orange, and states the following: WARNING: This vehicle is in tow. Attempting to operate or operating this vehicle may result in criminal prosecution and may lead to injury or death to you or another person. Page 151 of 4167 77 242. Automated driving systems – safe harbor. (1) A person may use an automated driving system to drive a motor vehicle or to control a function of a motor vehicle if the system is capable of complying with every state and federal law that applies to the function that the system is operating. (2) Any provision in articles 1 to 3 of title 42 and article 4 that by its nature regulates a human driver, including section 42-2-101, does not apply to an automated driving system, except for laws regulating the physical driving of a vehicle. (3)(a) If an automated driving system is not capable of complying with every state and federal law that applies to the function the system is operating, a person shall not test the system unless approved by the Colorado state patrol and the Colorado department of transportation, in accordance with a process overseen by the Colorado state patrol and the Colorado department of transportation. (b) A person who violates this subsection (3) commits a class B traffic infraction. Upon determining that there is probable cause to believe that a motor vehicle was used to violate this subsection (3), a peace officer of the state patrol may impound or immobilize the motor vehicle until the person who violated this section has obtained the required approval in accordance with subsection (3)(a) of this section or signed an affidavit, under penalty of perjury, stating the person’s intention to cease using the automated driving system in Colorado without the required approval. (4) The Colorado department of transportation shall report to the transportation legislation review committee by September 1 of each year, concerning the testing of automated driving systems in Colorado. The first report is due by September 1, 2018. Notwithstanding the provisions of section 24-1-136, the reporting requirements contained in this subsection (4) continued indefinitely. (5) Liability for a crash involving an automated driving system driving a motor vehicle that is not under human control is determined in accordance with applicable state law, federal law, or common law. Page 152 of 4167 78 Part 3 Emissions Inspection (Omitted) Page 153 of 4167 79 Part 4 Diesel Inspection Program (Omitted) Page 154 of 4167 80 Part 5 Size - Weight - Load 501. Size and weight violations - penalty. Except as provided in section 509, it is a traffic infraction for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or vehicles of a size or weight exceeding the limitations stated in sections 502 to 512 or otherwise in violation of said sections or section 1407, except as permitted in section 510. The maximum size and weight of vehicles specified in said sections shall be lawful throughout this state, and local authorities shall have no power or authority to alter said limitations, except as express authority may be granted in section 42-4-106. 502. Width of vehicles. (1) The total outside width of any vehicle or the load thereon shall not exceed eight feet six inches, except as otherwise provided in this section. (2)(a) A load of loose hay, including loosely bound, round bales, whether horse drawn or by motor, shall not exceed twelve feet in width. (b) A vehicle and trailer may transport a load of rectangular hay bales if such vehicle and load do not exceed ten feet six inches in width. (3) It is unlawful for any person to operate a vehicle or a motor vehicle which has attached thereto in any manner any chain, rope, wire, or other equipment which drags, swings, or projects in any manner so as to endanger the person or property of another. (4) The total outside width of buses and coaches used for the transportation of passengers shall not exceed eight feet six inches. (5)(a) The total outside width of vehicles as included in this section shall not be construed so as to prohibit the projection beyond such width of clearance lights, rearview mirrors, or other accessories required by federal, state, or city laws or regulations. (b) The width requirements imposed by subsection (1) of this section shall not include appurtenances on recreational vehicles, including but not limited to motor homes, travel trailers, fifth wheel trailers, camping trailers, recreational park trailers, multipurpose trailers, and truck campers, all as defined in section 24-32-902, so long as such recreational vehicle, including such appurtenances, does not exceed a total outside width of nine feet six inches. (6) Any person who violates any provision of this section commits a class B traffic infraction. 503. Projecting loads on passenger vehicles. Except with regard to the operation of a motorcycle, autocycle, bicycle, electrical assisted bicycle or electric scooter, a person shall not operate a passenger-type vehicle on any highway with any load carried extending beyond the line of the fenders on the left side of the vehicle nor extending Page 155 of 4167 81 more than six inches beyond the line of the fenders on the right side of the vehicle. A person who violates this section commits a class B traffic infraction. 504. Height and length of vehicles. (1) No vehicle unladen or with load shall exceed a height of fourteen feet six inches. The department of transportation shall designate highways with overhead highway structures that have less than fourteen feet six inches of vertical clearance. A driver shall not drive a vehicle under a structure if the vehicle’s height exceeds the department’s designated vertical clearance for the structure. (2) No single motor vehicle shall exceed a length of forty-five feet extreme overall dimension, inclusive of front and rear bumpers. The length of vehicles used for the mass transportation of passengers wholly within the limits of a town, city, or municipality or within a radius of fifteen miles thereof may extend to sixty feet. The length of school buses may extend to forty feet. (3) Buses used for the transportation of passengers between towns, cities, and municipalities in the state of Colorado may be sixty feet extreme overall length, inclusive of front and rear bumpers but shall not exceed a height of thirteen feet six inches, if such buses are equipped to conform with the load and weight limitations set forth in section 508; except that buses with a height of fourteen feet six inches which otherwise conform to the requirements of this subsection (3) shall be operated only on highways designated by the department of transportation. (4) No combination of vehicles coupled together shall consist of more than four units, and no such combination of vehicles shall exceed a total overall length of seventy feet. Said length limitation shall not apply to unladen truck tractor-semitrailer combinations when the semitrailer is fifty- seven feet four inches or less in length or to unladen truck tractor-semitrailer-trailer combinations when the semitrailer and the trailer are each twenty-eight feet six inches or less in length. Said length limitations shall also not apply to vehicles operated by a public utility when required for emergency repair of public service facilities or properties or when operated under special permit as provided in section 42-4-510, but, in respect to night transportation, every such vehicle and the load thereon shall be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of any projecting load to clearly mark the dimensions of such load. (4.5) Notwithstanding the provisions of subsection (4) of this section, drivers shall not drive the following combinations of vehicles: (a) Saddlemount combinations consisting of more than four units or saddlemount combinations exceeding ninety-seven feet in overall length; (b) Laden truck tractor-semitrailer combinations exceeding seventy-five feet in overall length; and (c) Stinger-steered vehicle combinations for transporting automobiles or boats and whose total overall length exceeds eighty feet; except that the overall length of these combinations excludes: (I) Safety devices that are not designed or used for carrying cargo; Page 156 of 4167 82 (II) Automobiles or boats being transported; (III) Any extension device that may be used for loading beyond the extreme front or rear ends of a vehicle or combination of vehicles; except that the projection of a load, including any extension devices loaded to the front of the vehicle, shall not extend more than four feet beyond the extreme front of the grill of such vehicle and no load or extension device may extend more than six feet to the extreme rear of the vehicle. (d) Towaway trailer transporter combinations that: (I) Exceed eighty-two feet in overall length; (II) Carry property; (III) Exceed an overall weight of twenty-six thousand pounds; (IV) Consist of more than a single towing unit and two trailers or semitrailers; or (V) Do not constitute inventory property of a manufacturer, distributor, or dealer of the trailer or semitrailer. (5) The load upon any vehicle operated alone or the load upon the front vehicle of a combination of vehicles shall not extend beyond the front wheels of such vehicles or vehicle or the front most point of the grill of such vehicle; but a load may project not more than four feet beyond the front most point of the grill assembly of the vehicle engine compartment of such a vehicle at a point above the cab of the driver’s compartment so long as that part of any load projecting ahead of the rear of the cab or driver’s compartment shall be so loaded as not to obscure the vision of the driver to the front or to either side. (6) The length limitations of vehicles and combinations of vehicles provided for in this section as they apply to vehicles being operated and utilized for the transportation of steel, fabricated beams, trusses, utility poles, and pipes shall be determined without regard to the projection of said commodities beyond the extreme front or rear of the vehicle or combination of vehicles; except that the projection of a load to the front shall be governed by the provisions of subsection (5) of this section, and no load shall project to the rear more than ten feet. (7) Any person who violates any provision of this section commits a class B traffic infraction. 505. Longer vehicle combinations. (1) Notwithstanding any other provision of this Code to the contrary, the department of transportation, in the exercise of its discretion, may issue permits for the use of longer vehicle combinations. An annual permit for such use may be issued to each qualified carrier company. The carrier company shall maintain a copy of such annual permit in each vehicle operating as a longer vehicle combination; except that, if a peace officer, as described in section 16-2.5-101, or an authorized agent of the department of transportation may determine that the permit can be electronically verified at the time of contact, a copy of the permit need not be in each vehicle. The fee for the permit shall be two hundred fifty dollars per year. Page 157 of 4167 83 (2) The permits shall allow operation, over designated highways, of the following vehicle combinations of not more than three cargo units and neither fewer than six axles nor more than nine axles: (a) An unladen truck tractor, a semitrailer, and two trailers. A semitrailer used with a converter dolly shall be considered a trailer. Semitrailers and trailers shall be of approximately equal lengths not to exceed twenty-eight feet six inches in length. (b) An unladen truck tractor, a semitrailer, and a single trailer. A semitrailer used with a converter dolly shall be considered a trailer. Semitrailers and trailers shall be of approximately equal lengths not to exceed forty-eight feet in length. Notwithstanding any other restriction set forth in this section, such combination may have up to eleven axles when used to transport empty trailers. (c) An unladen truck tractor, a semitrailer, and a single trailer, one trailer of which is not more than forty-eight feet long, the other trailer of which is not more than twenty-eight feet six inches long. A semitrailer used with a converter dolly shall be considered a trailer. The shorter trailer shall be operated as the rear trailer. (d) A truck and single trailer, having an overall length of not more than eighty-five feet, the truck of which is not more than thirty-five feet long and the trailer of which is not more than forty feet long. For the purposes of this paragraph (d), a semitrailer used with a converter dolly shall be considered a trailer. (3) The long combinations are limited to interstate highway 25, interstate highway 76, interstate highway 70 west of its intersection with state highway 13 in Garfield county, interstate highway 70 east of its intersection with U.S. 40 and state highway 26, the circumferential highways designated I-225 and I-270, and state highway 133 in Delta county from mile marker 8.9 to mile marker 9.7. (4) The department of transportation shall promulgate rules and regulations governing the issuance of the permits, including, but not limited to, selection of carriers, driver qualifications, equipment selection, hours of operation, and safety considerations; except that they shall not include hazardous materials subject to regulation by the provisions of Code 20 of this title. (5) Any person who violates any provision of this section commits a class B traffic infraction. 506. Trailers and towed vehicles. (1) When one vehicle is towing another, the drawbar or other connection shall be of sufficient strength to pull all weight towed thereby, and said drawbar or other connection shall not exceed fifteen feet from one vehicle to the other, except the connection between any two vehicles transporting poles, pipe, machinery, or other objects of a structural nature which cannot readily be dismembered and except connections between vehicles in which the combined lengths of the vehicles and the connection does not exceed an overall length of fifty-five feet and the connection is of rigid construction included as part of the structural design of the towed vehicle. (2) When one vehicle is towing another and the connection consists of a chain, rope, or cable, there shall be displayed upon such connection a white flag or cloth not less than twelve inches square. Page 158 of 4167 84 (3) Whenever one vehicle is towing another, in addition to the drawbar or other connection, except a fifth wheel connection meeting the requirements of the department of transportation, safety chains or cables arranged in such a way that it will be impossible for the vehicle being towed to break loose from the vehicle towing in the event the drawbar or other connection were to be broken, loosened, or otherwise damaged shall be used. This subsection (3) shall apply to all motor vehicles, to all trailers, except semitrailers connected by a proper fifth wheel, and to any dolly used to convert a semitrailer to a full trailer. (4) Any person who violates any provision of this section commits a class B traffic infraction. 507. Wheel and axle loads. (1) The gross weight upon any wheel of a vehicle shall not exceed the following: (a) When the wheel is equipped with a solid rubber or cushion tire, eight thousand pounds; (b) When the wheel is equipped with a pneumatic tire, nine thousand pounds. (2) The gross weight upon any single axle or tandem axle of a vehicle shall not exceed the following: (a) When the wheels attached to said axle are equipped with solid rubber or cushion tires, sixteen thousand pounds; (b) Except as provided in paragraph (b.5) of this subsection (2), when the wheels attached to a single axle are equipped with pneumatic tires, twenty thousand pounds; (b.5) When the wheels attached to a single axle are equipped with pneumatic tires and the vehicle or vehicle combination is a digger derrick or bucket boom truck operated by an electric utility on a highway that is not on the interstate system as defined in section 43-2-101 (2), twenty-one thousand pounds; (c) When the wheels attached to a tandem axle are equipped with pneumatic tires, thirty-six thousand pounds for highways on the interstate system and forty thousand pounds for highways not on the interstate system. (3)(a) Vehicles equipped with a self-compactor and used solely for the transporting of trash are exempted from the provisions of paragraph (b) of subsection (2) of this section. (b) (omitted for 1987 passed date?) (c) A vehicle contracted by or owned and operated by a local authority or special district is exempt from paragraph (c) of subsection (2) of this section of the vehicle: (I) Is equipped with a vacuum or jet equipment to load or unload solid, semisolid, or liquid waste for water or wastewater treatment or transportation systems or for the removal of storm water; and (II) Is not operated on the interstate system as defined by section 43-2-101. (4) For the purposes of this section: Page 159 of 4167 85 (a) A single axle is defined as all wheels, whose centers may be included within two parallel transverse vertical planes not more than forty inches apart, extending across the full width of the vehicle. (b) A tandem axle is defined as two or more consecutive axles, the centers of which may be included between parallel vertical planes spaced more than forty inches and not more than ninety-six inches apart, extending across the full width of the vehicle. (5) The gross weight upon any one wheel of a steel-tired vehicle shall not exceed five hundred pounds per inch of cross-sectional width of tire. (6) Any person who drives a vehicle or owns a vehicle in violation of any provision of this section commits a class 2 misdemeanor traffic offense. 508. Gross weight of vehicles and loads - definition. (1)(a) Except as provided in subsection (1.5) of this section, a person shall not move or operate a vehicle or combination of vehicles on any highway or bridge when the gross weight upon any one axle of a vehicle exceeds the limits prescribed in section 507. (b) Subject to the limitations prescribed in section 507, the maximum gross weight of any vehicle or combination of vehicles shall not exceed that determined by the formula W = 1,000 (L + 40), where W represents the gross weight in pounds and L represents the length in feet between the centers of the first and last axles of such vehicle or combination of vehicles; except that, in computation of this formula, the gross vehicle weight must not exceed eighty- five thousand pounds. For the purposes of this section, where a combination of vehicles is used, a vehicle must not carry a gross weight of less than ten percent of the overall gross weight of the combination of vehicles; except that these limitations shall not apply to specialized trailers of fixed public utilities whose axles may carry less than ten percent of the weight of the combination. The limitations provided in this section must be strictly construed and enforced. (c) Notwithstanding any other provisions of this section, except as may be authorized under section 510, a person shall not move or operate a vehicle or combination of vehicles on any highway or bridge that is part of the national system of interstate and defense highways, also known as the interstate system, when the gross weight of such vehicle or combination of vehicles exceeds the amount determined by the formula W = 500 [(LN/N-1) + 12N + 36], up to a maximum of eighty thousand pounds, where W represents the overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, L represents the distance in feet between the extreme of any group of two or more consecutive axles, and N represents the number of axles in the group. (d) For the purposes of this subsection (1), where a combination of vehicles is used, a vehicle must not carry a gross weight of less than ten percent of the overall gross weight of the combination of vehicles; except that this limitation does not apply to specialized trailers whose specific use is to haul poles and whose axles may carry less than ten percent of the weight of the combination. Page 160 of 4167 86 (1.5) The gross weight limits provided in subsection (1) of this section increase, but by no more than two thousand pounds, for any vehicle or combination of vehicles if the vehicle or combination of vehicles contains an alternative fuel system and operates on alternative fuel or both alternative and conventional fuel. For the purposes of this subsection (1.5), "alternative fuel" has the same meaning provided in section 24-30-1104(2)(c)(III)(a). (2) The department upon registering any vehicle under the laws of this state, which vehicle is designed and used primarily for the transportation of property or for the transportation of ten or more persons, may acquire such information and may make such investigation or tests as necessary to enable it to determine whether such vehicle may safely be operated upon the highways in compliance with all the provisions of this article. The department shall not register any such vehicle for a permissible gross weight exceeding the limitations set forth in sections 501 to 512 and 1407 of this Code. Every such vehicle shall meet the following requirements: (a) It shall be equipped with brakes as required in section 223; (b) Every motor vehicle to be operated outside of business and residential district shall have motive power adequate to propel at a reasonable speed such vehicle and any load thereon or be drawn thereby. (3) If the federal highway administration or the United States congress prescribes or adopts vehicle size or weight limits greater than those now prescribed by the “Federal-Aid Highway Act of 1956”, which limits exceed in full or in part the provisions of section 504 or paragraph (b) or (c) of subsection (1) of this Code, the transportation commission, upon determining that Colorado highways have been constructed to standards which will accommodate such additional size or weight and that the adoption of said size and weight limitations will not jeopardize any distribution of federal highway funds to the state, may adopt size and weight limits comparable to those prescribed or adopted by the federal highway administration or the United States congress and may authorize said limits to be used by owners or operators of vehicles while said vehicles are using highways within this state; but no vehicle size or weight limit so adopted by the commission shall be less in any respect than those now provided for in section 504 or paragraph (b) or (c) of subsection (1) of this section. (4) Any person who drives a vehicle or owns a vehicle in violation of any provision of this section commits a class 2 misdemeanor traffic offense. 509. Vehicles weighed – excess removed. (1) Any police or peace officer, as described in section 16-2.5-101, having reason to believe that the weight of a vehicle and load is unlawful is authorized to require the driver to stop and submit to a weighing of the same by means of either portable or stationary scales or shall require that such vehicle be driven to the nearest public scales in the event such scales are within five miles. (2)(a) Except as provided in paragraph (b) of this subsection (2), whenever an officer upon weighing a vehicle and load as provided in subsection (1) of this section determines that the weight is unlawful, such officer shall require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of such vehicle to such limit as permitted under sections 501 to 512 and 1407. All material Page 161 of 4167 87 so unloaded shall be cared for by the owner or operator of such vehicle at the risk of such owner or operator. (b) Whenever an officer upon weighing a vehicle and load as provided in subsection (1) of this section determines that the weight is unlawful and the load consists solely of either explosives or hazardous materials as defined in section 102 (32), such officer shall permit the driver of such vehicle to proceed to the driver’s destination without requiring the driver to unload the excess portion of such load. (3) Any driver of a vehicle who fails or refuses to stop and submit the vehicle and load to a weighing or who fails or refuses when directed by an officer upon a weighing of the vehicle to stop the vehicle and otherwise comply with the provisions of this section commits a class 2 misdemeanor traffic offense. 510. Permits for excess size and weight and for manufactured homes – rules - definition. (1)(a) Any local authority with respect to highways under its jurisdiction may, upon application in writing and good cause being shown therefor, issue a single trip, a special, or an annual permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this Code or otherwise not in conformity with the provisions of this Code upon any highway under the jurisdiction of the party granting such permit and for the maintenance of which said party is responsible; except that permits for the movement of any manufactured home shall be issued as provided in subsection (2) of this section. (b)(I) The application for any permit shall specifically describe the vehicle and load to be operated or moved and the particular highways for which the permit to operate is requested, and whether such permit is for a single trip, a special, or an annual operation, and the time of such movement. All local permits shall be issued in the discretion of the local authority pursuant to ordinances or resolutions adopted in accordance with section 511. Any ordinances or resolutions of local authorities shall not conflict with this section. (II) An overweight permit issued pursuant to this section shall be available for overweight divisible loads if: (A) The vehicle has a quad axle grouping and the maximum gross weight of the vehicle does not exceed one hundred ten thousand pounds; or (B) The vehicle is operated in combination with a trailer or semitrailer, the trailer has two or three axles, and the maximum gross weight of the vehicle does not exceed ninety-seven thousand pounds; and (C) The owner and operator of the motor vehicle are in compliance with the federal “Motor Carrier Safety Improvement Act of 1999”, Pub.L. 106-159, as amended, as applicable to commercial vehicles; and (D) The vehicle complies with rules promulgated by the department of transportation concerning the distribution of the load upon the vehicle’s axles. Page 162 of 4167 88 (III) A permit issued pursuant to this paragraph (b) shall not authorize the operation or movement of a motor vehicle on the interstate highway in violation of federal law. (c)(I) A single trip or annual permit shall be issued pursuant to this section for a self-propelled fixed load crane that exceeds legal weight limits if it does not exceed the weight limits authorized by the department of transportation. A boom trailer or boom dolly shall not be permitted unless the boom trailer or boom dolly is attached to the crane in a manner and for the purpose of distributing load to meet the weight requirements established by the department. A self-propelled fixed load crane may be permitted with counterweights when a boom trailer or boom dolly is used if the counterweights do not exceed the manufacturer’s rated capacity of the self-propelled fixed load crane and do not cause the vehicle to exceed permitted axle or gross weight limits. A permit issued pursuant to this paragraph (c) shall not authorize movement on interstate highways if not approved by federal law. (II) For the purposes of this paragraph (c), “self-propelled fixed load crane” means a self- powered mobile crane designed with equipment or parts permanently attached to the body of the crane. A self-propelled fixed load crane includes, without limitation, the crane’s shackles and slings. (d) For the purposes of this section, section 42-4-511, and any rule promulgated under this section or section 42-4-511, a load of fluid milk products carried by a vehicle is deemed to not be a divisible load. Note: 1.5 & 1.7(2)(a) An authentication of paid ad valorem taxes, after notification of such movement to the county treasurer, may serve as a permit for movement of manufactured homes on public streets or highways under the county’s jurisdiction. An authentication of paid ad valorem taxes from the county treasurer of the county from which the manufactured home is to be moved, after notification of such movement has been provided to the county assessor of the county to which the manufactured home is to be moved, pursuant to section 39-5-205, may also serve as a permit for the movement of manufactured homes from one adjoining county to an adjoining county on streets and highways under local jurisdiction. The treasurer shall issue along with the authentication of paid ad valorem taxes a transportable manufactured home permit. The treasurer may establish and collect a fee, which shall not exceed ten dollars, for issuing the authentication of paid ad valorem taxes and the transportable manufactured home permit. Such transportable manufactured home permit shall be printed on an eleven inch by six inch fluorescent orange card and shall contain the following information: The name and address of the owner of the mobile home; the name and address of the mover; the transport number of the mover, a description of the mobile home including the make, year, and identification or serial number; the county authentication number; and an expiration date. The expiration date shall be set by the treasurer, but in no event shall the expiration date be more than thirty days after the date of issue of the permit. Such transportable manufactured home permit shall be valid for a single trip only. The transportable manufactured home permit shall be prominently displayed on the rear of the mobile home during transit of the mobile home. Peace officers and local tax and assessment officials may request, and upon demand shall be shown, all moving permits, tax receipts, or certificates required by this subsection (2). Nothing in this section shall require a permit from a county treasurer for the movement of a new manufactured home. For the purposes of this section, Page 163 of 4167 89 a new manufactured home is one in transit under invoice or manufacturer’s statement of origin which has not been previously occupied for residential purposes. (b) All applications for permits to move manufactured homes over state highways shall comply with the following special provisions: (I) Each such application shall be for a single trip, a special permit, an annual permit, or, subject to the requirements of paragraph (a) of subsection (1.5) of this section, an annual fleet permit. The application shall be accompanied by a certificate or other proof of public liability insurance in amounts of not less than one hundred thousand dollars per person and three hundred thousand dollars per accident for all manufactured homes moved within this state by the permit holder during the effective term of the permit. Each application for a single trip permit shall be accompanied by an authentication of paid ad valorem taxes on the used manufactured home. (II) Holders of permits shall keep and maintain, for not less than three calendar years, records of all manufactured homes moved in whole or in part within this state, which records shall include the plate number of the towing vehicle; the year, make, serial number, and size of the unit moved, together with date of the move; the place of pickup; and the exact address of the final destination and the county of final destination and the name and address of the landowner of the final destination. These records shall be available upon request within this state for inspection by the state of Colorado or any of its ad valorem taxing governmental subdivisions. (III) Holders of permits shall obtain an authentication of paid ad valorem taxes through the date of the move from the owner of a used manufactured home or from the county treasurer of the county from which the used manufactured home is being moved. Permit holders shall notify the county treasurer of the county from which the manufactured home is being moved of the new exact address of the final destination and the county of final destination of the manufactured home and the name and address of the landowner of the final destination, and, if within the state, the county treasurer shall forward copies of the used manufactured home tax certificate to the county assessor of the destination county. County treasurers may compute ad valorem manufactured home taxes due based upon the next preceding year’s assessment prorated through the date of the move and accept payment of such as payment in full. (IV) No owner of a manufactured home shall move the manufactured home or provide for the movement of the manufactured home without being the holder of a paid ad valorem tax certificate and a transportable manufactured home permit thereon, and no person shall assist such an owner in the movement of such owner’s manufactured home, including a manufactured home dealer. Except as otherwise provided in this paragraph (b), a permit holder who moves any manufactured home within this state shall be liable for all unpaid ad valorem taxes thereon through the date of such move if movement is made prior to payment of the ad valorem taxes due on the manufactured home moved. (V) In the event of an imminent natural or man-made disaster or emergency, including, but not limited to, rising waters, flood, or fire, the owner, owner’s representative or agent, occupant, or tenant of a manufactured home or the mobile home park owner or manager, Page 164 of 4167 90 lienholder, or manufactured home dealer is specifically exempted from the need to obtain a permit pursuant to this section and may move the endangered manufactured home out of the danger area to a temporary or new permanent location and may move such manufactured home back to its original location without a permit or penalty or fee requirement. Upon any such move to a temporary location as a result of a disaster or emergency, the person making the move or such person’s agent or representative shall notify the county assessor in the county to which the manufactured home has been moved, within twenty days after such move, of the date and circumstances pertaining to the move and the temporary or permanent new location of the manufactured home. If the manufactured home is moved to a new permanent location from a temporary location as a result of a disaster or emergency, a permit for such move shall be issued but no fee shall be assessed. (3) Any local authority is authorized to issue or withhold a permit, as provided in this section, and, if such permit is issued, to limit the number of trips, or to establish seasonal or other time limitations within which the vehicles described may be operated on the highways indicated, or otherwise to limit or prescribe conditions of operation of such vehicles, when necessary to protect the safety of highway users, to protect the efficient movement of traffic from unreasonable interference, or to protect the highways from undue damage to the road foundations, surfaces, or structures and may require such undertaking or other security as may be deemed necessary to compensate for any injury to any highway or highway structure. (4) The original or a copy of every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer or authorized agent of any authority granting such permit; except that, if a peace officer, as described in section 16-2.5-101, or an authorized agent of the authority that granted a permit may determine that the permit can be electronically verified at the time of contact, a copy of the permit need not be carried in the vehicle or combination of vehicles to which it refers. No person shall violate any of the terms or conditions of such permit. (5) No vehicle having a permit under this section shall be remodeled, rebuilt, altered, or changed except in such a way as to conform to those specifications and limitations established in sections 501 to 507 and 1407. (6) Any person who has obtained a valid permit for the movement of any oversize vehicle or load may attach to such vehicle or load or to any vehicle accompanying the same not more than three illuminated flashing yellow signals as warning devices. (7) No permit shall be necessary for the operation of authorized emergency vehicles, public transportation vehicles operated by municipalities or other political subdivisions of the state, county road maintenance and county road construction equipment temporarily moved upon the highway, implements of husbandry, and farm tractors temporarily moved upon the highway, including transportation of such tractors or implements by a person dealing therein to such person’s place of business within the state or to the premises of a purchaser or prospective purchaser within the state; nor shall such vehicles or equipment be subject to the size and weight provisions of this part 5. Page 165 of 4167 91 (8) The department of transportation shall have a procedure to allow those persons who are transporting loads from another state into Colorado and who would require a permit under the provisions of this section to make advance arrangements by telephone or other means of communication for the issuance of a permit if the load otherwise complies with the requirements of this section. (9) No permit shall be necessary for the operation of authorized emergency vehicles, public transportation vehicles operated by municipalities or other political subdivisions of the state, county road maintenance and county road construction equipment temporarily moved upon the highway, implements of husbandry, and farm tractors temporarily moved upon the highway, including transportation of such tractors or implements by a person dealing therein to such person's place of business within the state or to the premises of a purchaser or prospective purchaser within the state; nor shall such vehicles or equipment be subject to the size and weight provisions of this part 5. (10) Local law enforcement officials shall verify the validity of permits issued under this section whenever feasible. Upon determination by any of such officials or by any personnel of a county assessor's or county treasurer's office indicating that a manufactured home has been moved without a valid permit, the district attorney shall investigate and prosecute any alleged violation as authorized by law. (11)(a) The department of transportation or the Colorado state patrol may charge permit applicants permit fees as follows: (I) For overlength, overwidth, and overheight permits on loads or vehicles which do not exceed legal weight limits: (A) Annual permit, two hundred fifty dollars; (B) Single trip permit, fifteen dollars; (II) Not applicable. (III) For overweight permits for vehicles or loads exceeding legal weight limits up to two hundred thousand pounds: (A) Annual permit, four hundred dollars; (B) Single trip permit, fifteen dollars plus five dollars per axle; (C) Annual fleet permits, one thousand five hundred dollars plus twenty-five dollars per vehicle to be permitted. For purposes of this sub-subparagraph (C), "fleet" means any group of two or more vehicles owned by one person. This sub-subparagraph (C) shall apply only to longer vehicle combinations as defined in section 505. (IV) Special permits for structural, oversize, or overweight moves requiring extraordinary action or moves involving weight in excess of two hundred thousand pounds, one hundred twenty-five dollars for a permit for a single trip, including a super-load permit issued under subsection (1.7) of this section; except that a super-load permit fee is four hundred dollars; Page 166 of 4167 92 (V) The fee for an annual fleet permit issued pursuant to subsection (1.5) or (2) of this section is three thousand dollars for a fleet of from two to ten vehicles plus three hundred dollars for each additional vehicle in the fleet; (VI) For overweight permits for vehicles that have a quad axle grouping for subdivisible vehicles or loads exceeding legal weight limits issued pursuant to subsection (1)(b)(II)(A) of this section: (A) Annual permit, five hundred dollars; and (B) Single trip permit, thirty dollars plus ten dollars per axle. (VII) For overweight permits for vehicle combinations with a trailer that has two or three axles for divisible vehicles or loads exceeding legal weight limits established by subsection (1)(b)(II)(B) of this section: (A) Annual permit, five hundred dollars; (B) Six-month permit, two hundred fifty dollars; and (C) Single-trip permit, fifteen dollars plus ten dollars per axle. (VIII) For annual fleet overweight permits for fleets of vehicles that have a quad axle grouping, fleets of vehicle combinations with a trailer that has two or three axles, and fleets of both vehicles that have a quad axle grouping and vehicle combinations with a trailer that has two or three axles for divisible vehicles or loads exceeding legal weight limits established by subsection (1)(b)(II) of this section, two thousand dollars plus thirty- five dollars per vehicle to be permitted. (b) Any local authority may impose a fee, in addition to but not to exceed the amounts required in subparagraphs (I) and (III) of paragraph (a) of this subsection (11), as provided by the applicable local ordinance or resolution; and, in the case of a permit under subparagraph (IV) of paragraph (a) of this subsection (11), the amount of the fee shall not exceed the actual cost of the extraordinary action. (12)(a) Any person holding a permit issued pursuant to this section or any person operating a vehicle pursuant to such permit who violates any provision of this section, any ordinance or resolution of a local authority, or any standards or rules or regulations promulgated pursuant to this section, except the provisions of subsection (2)(b)(IV) of this section, commits a class 2 misdemeanor. (b) Any person who violates the provisions of subsection (2)(b)(IV) of this section commits a petty offense. (c) A local authority with regard to a local permit may, after a hearing, revoke, suspend, refuse to renew, or refuse to issue any permit authorized by this section upon a finding that the holder of the permit has violated the provisions of this section, any ordinance or resolution of the local authority, or any standards or rules promulgated pursuant to this section. Page 167 of 4167 93 (d) A driver or holder of a permit issued pursuant to subsection (1.7) of this section who fails to comply with the terms of the permit or subsection (1.7) of this section commits a class 2 misdemeanor. 511. Permit standards - state and local. (1)(a) Any permits which may be required by local authorities shall be issued in accordance with ordinances and resolutions adopted by the respective local authorities after a public hearing at which testimony is received from affected motor vehicle owners and operators. Notice of such public hearing shall be published in a newspaper having general circulation within the local authority’s jurisdiction. Such notice shall not be less than eight days prior to the date of hearing. The publication shall not be placed in that portion of the newspaper in which legal notices or classified advertisements appear. Such notice shall state the purpose of the hearing, the time and place of the hearing, and that the general public, including motor vehicle owners and operators to be affected, may attend and make oral or written comments regarding the proposed ordinance or resolution. Notice of any subsequent hearing shall be published in the same manner as for the original hearing. (b) At least thirty days prior to such public hearing, the local authority shall transmit a copy of the proposed ordinance or resolution to the department of transportation for its comments, and said department shall make such comments in writing to the local authority prior to such public hearing. (c) Any local authority that adopts or has adopted an ordinance or resolution governing permits for the movement of oversize or overweight vehicles or loads shall file a copy of the ordinance or resolution with the department of transportation. 512. Liability for damage to highway. (1) No person shall drive, operate, or move upon or over any highway or highway structure any vehicle, object, or contrivance in such a manner so as to cause damage to said highway or highway structure. When the damage sustained to said highway or highway structure is the result of the operating, driving, or moving of such vehicle, object, or contrivance weighing in excess of the maximum weight authorized by sections 501 to 512 and 1407, it shall be no defense to any action, either civil or criminal, brought against such person that the weight of the vehicle was authorized by special permit issued in accordance with sections 501 to 512 and 1407. (2) Every person violating the provisions of subsection (1) of this section shall be liable for all damage which said highway or highway structure may sustain as a result thereof. Whenever the driver of such vehicle, object, or contrivance is not the owner thereof but is operating, driving, or moving such vehicle, object, or contrivance with the express or implied consent of the owner thereof, then said owner or driver shall be jointly and severally liable for any such damage. The liability for damage sustained by any such highway or highway structure may be enforced by a civil action by the authorities in control of such highway or highway structure. No satisfaction of such civil liability, however, shall be deemed to be a release or satisfaction of any criminal liability for violation of the provisions of subsection (1) of this section. (3) Any person who violates any provision of this section commits a class A traffic infraction. Page 168 of 4167 94 Part 6 Signals - Signs – Markings 601. Local governments to sign highways, where. This local government shall place and maintain such traffic control devices, conforming to the "Manual of Uniform Traffic Control Devices" and specifications, upon streets and highways as it deems necessary to indicate and to carry out the provisions of this Code or to regulate, warn, or guide traffic. 602. Local traffic control devices. (1) No local authority shall erect or maintain any stop sign or traffic control signal at any location so as to require the traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the department of transportation. (2) Where practical no local authority shall maintain three traffic control signals located on a roadway so as to be within one minute’s driving time (to be determined by the speed limit) from any one of the signals to the other without synchronizing the lights to enhance the flow of traffic and thereby reduce air pollution. 603. Obedience to official traffic control devices. (1) No driver of a vehicle shall disobey the instructions of any official traffic control device including any official hand signal device placed or displayed in accordance with the provisions of this Code unless otherwise directed by a police officer subject to the exceptions in this Code granted the driver of an authorized emergency vehicle. (2) No provision of this Code for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic control devices are required, such section shall be effective even though no devices are erected or in place. (3) Whenever official traffic control devices are placed in position approximately conforming to the requirements of this Code, such devices shall be presumed to have been so placed by the official act or direction of lawful authority unless the contrary is established by competent evidence. (4) Any official traffic control device placed pursuant to the provisions of this Code and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this Code unless the contrary is established by competent evidence. (5) Any person who violates any provision of this section commits a class A traffic infraction. Page 169 of 4167 95 604. Traffic control signal legend. (1) If traffic is controlled by traffic control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination as declared in the traffic control manual adopted by the department of transportation, only the colors green, yellow, and red shall be used, except for special pedestrian-control signals carrying a word or symbol legend as provided in section 802, and said lights, arrows, and combinations thereof shall indicate and apply to drivers of vehicles and pedestrians as follows: (a) Green indication: (I) Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits such turn; but vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection and to pedestrians lawfully within an adjacent crosswalk at the time such signal is exhibited. (II) Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. (III) Unless otherwise directed by a pedestrian-control signal as provided in section 42-4- 802, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk. (b) Steady yellow indication: (I) Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter. (II) Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian-control signal as provided in section 802, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown, and no pedestrian shall then start to cross the roadway. (c) Steady red indication: (I) Vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line but, if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown; except that: (A) Such vehicular traffic, after coming to a stop and yielding the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection, may make a right turn, unless state or local road authorities within their Page 170 of 4167 96 respective jurisdictions have by ordinance or resolution prohibited any such right turn and have erected an official sign at each intersection where such right turn is prohibited. (B) Such vehicular traffic, when proceeding on a one-way street and after coming to a stop, may make a left turn onto a one-way street upon which traffic is moving to the left of the driver. Such turn shall be made only after yielding the right-of-way to pedestrians and other traffic proceeding as directed. No turn shall be made pursuant to this sub- subparagraph (B) if local authorities have by ordinance prohibited any such left turn and erected a sign giving notice of any such prohibition at each intersection where such left turn is prohibited. (C) To promote uniformity in traffic regulation throughout the state and to protect the public peace, health, and safety, the general assembly declares that no local authority shall have any discretion other than is expressly provided in this subparagraph (I). (II) Pedestrians facing a steady circular red signal alone shall not enter the roadway, unless otherwise directed by a pedestrian-control signal as provided in section 802. (III) Vehicular traffic facing a steady red arrow signal may not enter the intersection to make the movement indicated by such arrow and, unless entering the intersection to make such other movement as is permitted by other indications shown at the same time, shall stop at a clearly marked stop line but, if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to make the movement indicated by such arrow is shown. (IV) Pedestrians facing a steady red arrow signal shall not enter the roadway, unless otherwise directed by a pedestrian-control signal as provided in section 802. (d) Non-intersection signal: In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or pavement marking indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal. (e) Lane-use-control signals: Whenever lane-use-control signals are placed over the individual lanes of a street or highway, as declared in the traffic control manual adopted by the department of transportation, such signals shall indicate and apply to drivers of vehicles as follows: (I) Downward-pointing green arrow (steady): A driver facing such signal may drive in any lane over which said green arrow signal is located. (II) Yellow “X” (steady): A driver facing such signal is warned that the related green arrow movement is being terminated and shall vacate in a safe manner the lane over which said steady yellow signal is located to avoid if possible occupying that lane when the steady red “X” signal is exhibited. (III) Yellow “X” (flashing): A driver facing such signal may use the lane over which said flashing yellow signal is located for the purpose of making a left turn or a passing maneuver, using proper caution, but for no other purpose. Page 171 of 4167 97 (IV) Red “X” (steady): A driver facing such signal shall not drive in any lane over which said red signal is exhibited. (2) Any person who violates any provision of this section commits a class A traffic infraction. 605. Flashing signals. (1) Whenever an illuminated flashing red or yellow signal is used in conjunction with a traffic sign or a traffic signal or as a traffic beacon, it shall require obedience by vehicular traffic as follows: (a) When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line but, if none, before entering the crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign. (b) When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed past such signal and through the intersection or other hazardous location only with caution. (2) This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad crossings shall be governed by the provisions of sections 706 to 708. (3) Any person who violates any provision of this section commits a class A traffic infraction. 606. Display of unauthorized signs or devices. (1) No person shall place, maintain, or display upon or in view of any highway any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal, and no person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising. The provisions of this section shall not be deemed to prohibit the use of motorist services information of a general nature on official highway guide signs if such signs do not indicate the brand, trademark, or name of any private business or commercial enterprise offering the service, nor shall this section be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs. (2) Every such prohibited sign, signal, or marking is declared to be a public nuisance, and the authority having jurisdiction over the highway is empowered to remove the same or cause it to be removed without notice. (3) Any person who violates any provision of this section commits a class A traffic infraction. (4) The provisions of this section shall not be applicable to informational sites authorized under section 43-1-405. Page 172 of 4167 98 (5) The provisions of this section shall not be applicable to specific information signs authorized under section 43-1-420. 607. Interference with official devices. (1)(a) No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down, remove, or interfere with the effective operation of any official traffic control device or any railroad sign or signal or any inscription, shield, or insignia thereon or any other part thereof. Except as otherwise provided in subsection (2) of this section, any person who violates any provision of this paragraph (a) commits a class B traffic infraction. (b) No person shall possess or sell, without lawful authority, an electronic device that is designed to cause a traffic light to change. A person who violates any provision of this paragraph (b) commits a class B traffic infraction. (2)(a) No person shall use an electronic device, without lawful authority, that causes a traffic light to change. Except as otherwise provided in paragraph (b) of this subsection (2), a person who violates any provision of this paragraph (a) commits a class A traffic infraction. (b) A person who violates any provision of paragraph (a) of this subsection (2) and thereby proximately causes bodily injury to another person commits a class 1 misdemeanor traffic offense. In addition to any other penalty imposed by law, the court shall impose a fine of one thousand dollars. 608. Signals by hand or signal device. (1) Any stop or turn signal when required as provided by section 42-4-903, shall be given either by means of the hand and arm as provided by section 42-4-609, or by signal lamps or signal device of the type approved by the department, except as otherwise provided in subsection (2) of this section. (2) Any motor vehicle in use on a highway shall be equipped with, and the required signal shall be given by, signal lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab, or load of such motor vehicle exceeds twenty-four inches or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen feet. The latter measurement shall apply to any single vehicle, also to any combination of vehicles. (3) Any person who violates any provision of this section commits a class A traffic infraction. 609. Method of giving hand and arm signals. (1) All signals required to be given by hand and arm shall be given from the left side of the vehicle in the following manner, and such signals shall indicate as follows: (a) Left-turn, hand and arm extended horizontally; (b) Right-turn, hand and arm extended upward; (c) Stop or decrease speed, hand and arm extended downward. Page 173 of 4167 99 (2) Any person who violates any provision of this section commits a class A traffic infraction. 610. Unauthorized insignia. No owner shall display upon any part of the owner’s vehicle any official designation, sign, or insignia of any public or quasi-public corporation or municipal, state, or national department or governmental subdivision without authority of such agency or any insignia, badge, sign, emblem, or distinctive mark of any organization or society of which the owner is not a bona fide member or otherwise authorized to display such sign or insignia. Any person who violates any provision of this section commits a class B traffic infraction. 611. Paraplegic persons or persons with disabilities - distress flag. (1) Any paraplegic person or person with a disability when in motor vehicle distress is authorized to display by the side of such person’s disabled vehicle a white flag of approximately seven and one-half inches in width and thirteen inches in length, with the letter “D” thereon in red color with an irregular one-half inch red border. Said flag shall be of reflective material so as to be readily discernible under darkened conditions, and said reflective material must be submitted to and approved by the department of transportation before the same is used. (2) Any person who is not a paraplegic person or a person with a disability who uses such flag as a signal or for any other purpose is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than three hundred dollars, or by imprisonment in the county jail for not less than ten days nor more than ninety days, or by both such fine and imprisonment. (3) Any person who is not a paraplegic person or a person with a disability who uses such flag as a signal or for any other purpose commits a class A traffic infraction. 612. When signals are inoperative or malfunctioning. (1)(a) When a driver approaches an intersection and faces a traffic control signal that is inoperative, that remains on steady red or steady yellow during several time cycles, or that does not recognize a motorcycle or autocycle that is operated by the driver, the provisions controlling entrance to a through street or highway from a stop sign or highway, as provided under section 703, apply until a police officer assumes control of traffic or until the traffic control signal resumes normal operation. (b) If a traffic control signal at a place other than an intersection ceases to operate or malfunctions as specified in subsection (1)(a) of this section, drivers may proceed past the signal only with caution, as if the signal were flashing yellow. (2) Whenever a pedestrian faces a pedestrian-control signal as provided in section 802 which is inoperative or which remains on “Don’t Walk” or “Wait” during several time cycles, such pedestrian shall not enter the roadway unless the pedestrian can do so safely and without interfering with any vehicular traffic. (3) Any person who violates any provision of this section commits a class A traffic infraction. Page 174 of 4167 100 613. Failure to pay toll established by regional transportation authority. Any person who fails to pay a required fee, toll, rate, or charge established by a regional transportation authority created pursuant to part 6 of Code 4 of title 43, for the privilege of traveling on or using any property included in a regional transportation system pursuant to part 6 of Code 4 of title 43, commits a class A traffic infraction. 614. Designation of highway maintenance, repair, or construction zones - signs - increase in penalties for speeding violations. (1)(a) If maintenance, repair, or construction activities are occurring or will occur within four hours on a portion of a state highway, the department of transportation may designate such portion of the highway as a highway maintenance, repair, or construction zone. Any person who commits certain violations listed in section 1701 (4) in a maintenance, repair, or construction zone that is designated pursuant to this section is subject to the increased penalties and surcharges imposed by section 1701 (4)(c). (b) If maintenance, repair, or construction activities are occurring or will occur within four hours on a portion of a roadway that is not a state highway, the public entity conducting the activities may designate such portion of the roadway as a maintenance, repair, or construction zone. A person who commits certain violations listed in section 1701 (4) in a maintenance, repair, or construction zone that is designated pursuant to this section is subject to the increased penalties and surcharges imposed by section 1701 (4)(c). (2) Local authorities, within their jurisdiction, shall designate a maintenance, repair, or construction zone by erecting or placing an appropriate sign in a conspicuous place before the area where the maintenance, repair, or construction activity is taking place or will be taking place within four hours. Such sign shall notify the public that increased penalties for certain traffic violations are in effect in such zone. Local authorities shall erect or place a second sign after such zone indicating that the increased penalties for certain traffic violations are no longer in effect. A maintenance, repair, or construction zone begins at the location of the sign indicating that increased penalties are in effect and ends at the location of the sign indicating that the increased penalties are no longer in effect. (3) Signs used for designating the beginning and end of a maintenance, construction, or repair zone shall conform to department of transportation requirements. Local authorities may display such signs on any fixed, variable, or movable stand. Local authorities may place such a sign on a moving vehicle if required for certain activities, including, but not limited to, highway painting work. 615. School zones - increase in penalties for moving traffic violations. (1) Any person who commits a moving traffic violation in a school zone is subject to the increased penalties and surcharges imposed by section 1701(4)(d). (2) For the purposes of this section, “school zone” means an area that is designated as a school zone and has appropriate signs posted indicating that the penalties and surcharges will be doubled. The state or local government having jurisdiction over the placement of traffic signs and Page 175 of 4167 101 traffic control devices in the school zone area shall designate when the area will be deemed to be a school zone for the purposes of this section. In making such designation, the state or local government shall consider when increased penalties are necessary to protect the safety of school children. (3) This section does not apply if the penalty and surcharge for a violation has been doubled pursuant to section 614 because such violation also occurred within a highway maintenance, repair, or construction zone. 616. Wildlife crossing zones - increase in penalties for moving traffic violations. (1) Except as described by subsection (4) of this section, a person who commits a moving traffic violation in a wildlife crossing zone is subject to the increased penalties and surcharges imposed by section 1701 (4)(d.5). (2) For the purposes of this section, "wildlife crossing zone" means an area on a public highway that: (a) Begins at a sign that conforms to the state traffic control manual, was erected by the department of transportation pursuant to section 118, and indicates that a person is about to enter a wildlife crossing zone; and (b) Extends to: (I) A sign that conforms to the state traffic control manual, was erected by the department of transportation pursuant to section 118, and indicates that a person is about to leave a wildlife crossing zone; or (II) If no sign exists that complies with subparagraph (I) of this paragraph (b), the distance indicated on the sign indicating the beginning of the wildlife crossing zone; or (III) If no sign exists that complies with subparagraph (I) or (II) of this paragraph (b), one- half mile beyond the sign indicating the beginning of the wildlife crossing zone. (3)(a) If the department of transportation erects a sign that indicates that a person is about to enter a wildlife crossing zone pursuant to section 118, the department of transportation shall: (I) Establish the times of day and the periods of the calendar year during which the area will be deemed to be a wildlife crossing zone for the purposes of this section; and (II) Ensure that the sign indicates the times of day and the periods of the calendar year during which the area will be deemed to be a wildlife crossing zone for the purposes of this section. (b) In erecting signs as described in paragraph (a) of this subsection (3), the department of transportation, pursuant to section 118, shall not erect signs establishing a lower speed limit for more than one hundred miles of the public highways of the state that have been established as wildlife crossing zones. (4) This section shall not apply if: Page 176 of 4167 102 (a) The person who commits a moving traffic violation in a wildlife crossing zone is already subject to increased penalties and surcharges for said violation pursuant to section 614 or 615; (b) The sign indicating that a person is about to enter a wildlife crossing zone does not indicate that increased traffic penalties are in effect in the zone; or (c) The person who commits a moving traffic violation in a wildlife crossing zone commits the violation during a time that the area is not deemed by the department of transportation to be a wildlife crossing zone for the purposes of this section. 617. Steep downhill grade zones – increase in penalties and surcharges for speeding violations – definitions. (1) The department may designate a steep downhill grade zone in any area of any state highway where the downhill grade is five percent or greater and where the department determines there are safety concerns related to commercial motor vehicles exceeding the posted speed limits. (2) The department shall erect, where applicable, signs consistent with subsection (3) of this section notifying drivers of each area of the state highways that the department has designated as a steep downhill grade zone. (3) As used in this section, unless the context otherwise requires, “steep downhill grade zone” means an area of a state highway that: (a) begins at a sign that: (I) conforms to the state traffic control manual; (II) was erected by the department pursuant to subsection (2) of this section; (III) indicates that a driver is about to enter a steep downhill grade zone; and (IV) notifies commercial motor vehicle drivers that increased penalties and surcharges are in effect and assessed for speeding in the zone; and (b) extends to: (I) a sign that: (A) conforms to the state traffic control manual; (B) was erected by the department pursuant to subsection (2) of this section and (C) indicates that a driver is at the end of the steep downhill grade zone; or (II) if no signs exist that complies with subsection (3)(b)(I) of this section, a distance: (A) as indicated on the sign described in subsection (3)(a) of this section; or (B) of one-half of a mile beyond the sign described in subsection (3)(a) of this section; and (c) is designated as a steep downhill grade zone by the department of transportation pursuant to subsection (1) of this section. Page 177 of 4167 103 (4) A driver of a commercial motor vehicle who commits a speeding violation in a steep downhill grade zone is subject to the increased penalties and surcharges imposed under section 42-4- 1701(4)(d)(7). (5) As used in this section: (a) “commercial motor vehicle” has the same meaning as set forth in 42-4-102(4). (b) “department” means the department of transportation created in in section 43-1-103. Page 178 of 4167 104 Part 7 Rights-Of-Way 701. Vehicles approaching or entering an intersection. (1) When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right. (2) The foregoing rule is modified at through highways and otherwise as stated in sections 702 to 704. (3) Any person who violates any provision of this section commits a class A traffic infraction. 702. Vehicle turning left. The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard. Any person who violates any provision of this section commits a class A traffic infraction. 703. Entering through highway - stop or yield intersection. (1) The department of transportation and local authorities, within their respective jurisdictions, may erect and maintain stop signs, yield signs, or other official traffic control devices to designate through highways or to designate intersections or other roadway junctions at which vehicular traffic on one or more of the roadways is directed to yield or to stop and yield before entering the intersection or junction. In the case of state highways, such regulations shall be subject to the provisions of section 43-2-135(1)(g). (2) Every sign erected pursuant to subsection (1) of this section shall be a standard sign adopted by the department of transportation. (3) Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways. (4) The driver of a vehicle approaching a yield sign, in obedience to such sign, shall slow to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is Page 179 of 4167 105 moving across or within the intersection or junction of roadways; except that, if a driver is involved in a collision with a vehicle in the intersection or junction of roadways after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of the driver’s failure to yield right-of-way. (5) Any person who violates any provision of this section commits a class A traffic infraction. 704. Vehicle entering roadway. The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed. Any person who violates any provision of this section commits a class A traffic infraction. 705. Operation of vehicle approached by emergency vehicle - operation of vehicle approaching stationary emergency vehicle, stationary towing carrier vehicle, or stationary public utility service vehicle. (1) Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals meeting the requirements of section 213 or 222, the driver of every other vehicle shall yield the right-of-way and where possible shall immediately clear the farthest left hand lane lawfully available to through traffic and shall drive to a position parallel to, and as close as possible to, the right-hand edge or curb of a roadway clear of any intersection and shall stop and remain in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. (2)(a) A driver in a motor vehicle shall exhibit due care and caution and proceed as described in subsections (2)(b) and (2)(c) of this section when approaching or passing: (I) A stationary authorized emergency vehicle, including a port of entry vehicle, that is giving a visual signal by means of flashing, rotating, or oscillating red, blue, or white lights as permitted by section 213 or 222; (II) A stationary towing carrier vehicle that is giving a visual signal by means of flashing, rotating, or oscillating yellow lights; (III) A stationary public utility service vehicle that is operated by a public utility, as defined in section 39-4-101 or 40-1-103, or an authorized contractor of the public utility and that is giving a visual signal by means of flashing, rotating, or oscillating amber lights; or (IV) A stationary motor vehicle giving a hazard signal by displaying alternately flashing lights or displaying warning lights. (b) On a highway with at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary vehicle described on subsection (2)(a) of this section is located, the driver of an approaching or passing vehicle shall proceed with due care and caution and yield the right-of-way by moving into a lane at least one moving lane apart from the stationary vehicle described in subsection (2)(a) of this section unless directed otherwise by a peace officer or other authorized emergency personnel. If movement to an adjacent moving lane is not possible due to weather, road conditions, or the immediate Page 180 of 4167 106 presence of vehicular or pedestrian traffic, the driver of the approaching vehicle shall proceed in the manner described in subsection (2)(c) of this section. (c)(I) On a highway that does not have at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary vehicle described in subsection (2)(a) of this section is located, or if movement by the driver of the approaching motor vehicle into an adjacent moving lane, as described in subsection (2)(b) of this section, is not possible, the driver of an approaching motor vehicle shall reduce and maintain a safe speed with regard to the location of the stationary vehicle described in subsection (2)(a) of this section; weather conditions; road conditions; and vehicular or pedestrian traffic and proceed with due care and caution, or as directed by a peace officer or other authorized emergency personnel. (II) For the purposes of this subsection (2)(c), the following speeds are presumed to be safe unless the speeds are unsafe for the conditions as provided in section 1101(1) and (3): (a) If the speed limit is less than forty-five miles per hour, twenty-five miles per hour or less; or (b) If the speed limit is forty-five miles per or more, twenty miles per hour less than the speed limit. (2.5)(a) A driver in a vehicle that is approaching or passing a maintenance, repair, or construction vehicle that is moving at less than twenty miles per hour shall exhibit due care and caution and proceed as described in paragraphs (b) and (c) of this subsection (2.5). (b) On a highway with at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary or slow-moving maintenance, repair, or construction vehicle is located, the driver of an approaching or passing vehicle shall proceed with due care and caution and yield the right-of-way by moving into a lane at least one moving lane apart from the vehicle, unless directed otherwise by a peace officer or other authorized emergency personnel. If movement to an adjacent moving lane is not possible due to weather, road conditions, or the immediate presence of vehicular or pedestrian traffic, the driver of the approaching vehicle shall proceed in the manner described in paragraph (c) of this subsection (2.5). (c)(I) On a highway that does not have at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary or slow-moving maintenance, repair, or construction vehicle is located, or if movement by the driver of the approaching vehicle into an adjacent moving lane, as described in paragraph (b) of this subsection (2.5), is not possible, the driver of an approaching vehicle shall reduce and maintain a safe speed with regard to the location of the stationary or slow-moving maintenance, repair, or construction vehicle, weather conditions, road conditions, and vehicular or pedestrian traffic, and shall proceed with due care and caution, or as directed by a peace officer or other authorized emergency personnel. (2.6) A driver in a vehicle that is approaching or passing a motor vehicle where the tires are being equipped with chains on the side of the highway shall exhibit due care and caution and proceed as described in subsection (2) of this section. The driver of a motor vehicle that is being equipped Page 181 of 4167 107 with chains shall give a hazard signal by displaying alternately flashing lights or displaying warning lights. (3)(a) Any person who violates subsection (1) of this section commits a class A traffic infraction. (b)(I) Except as otherwise provided in subsection (3)(b)(II) and (3)(b)(III) of this section, any person who violates subsection (2), (2.5), or (2.6) of this section commits careless driving as described in 42-4-1402. (II) If the person violates subsection (2) of this section and the person’s actions are the proximate cause of bodily injury to another person, the person commits a class 1 traffic misdemeanor. (III) If the person violations subsection (2) of this section and the person’s actions are the proximate cause of the death of another person, the person commits a class 6 felony and shall be punished as described in section 18-1.3-401. 706. Obedience to railroad signal. (1) Any driver of a motor vehicle approaching a railroad crossing sign shall slow down to a speed that is reasonable and safe for the existing conditions. If required to stop for a traffic control device, flagperson, or safety before crossing the railroad grade crossing, the driver shall stop at the marked stop line, if any. If no such stop line exists, the driver shall: (a) Stop not less than fifteen feet nor more than fifty feet from the nearest rail of the railroad grade crossing and shall not proceed until the railroad grade can be crossed safely; or (b) If the driver would not have a reasonable view of approaching trains or on-track equipment when stopped in accordance with subsection (1)(a) of this section: (I) Stop before proceeding across the railroad grade crossing at the point nearest the crossing where the driver has reasonable view of approaching trains or on-track equipment; and (II) Not proceed until the railroad grade can be crossed safely. (2) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed, nor shall any pedestrian pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed or is being opened or closed. (3) Any person who violates any provision of this section commits a class A traffic infraction. 707. Certain vehicles must stop at railroad grade crossings. (1)(a) Except as otherwise provided in this section, the driver of a school bus, as defined in subsection (5)(b) of this section, carrying any schoolchild, the driver of a vehicle carrying hazardous materials that is required to be placarded in accordance with rules issued under section 42-20-108, or the driver of a commercial vehicle, as defined in section 42-4-235, that is transporting passengers, before crossing at grade any tracks of a railroad Page 182 of 4167 108 (I) shall stop such vehicle within fifty feet but not less than fifteen feet from the nearest rail of the railroad; (II) While stopped, shall listen and look in both directions along the track for any approaching train or on-track equipment or for signals indicating the approach of a train or on-track equipment; and (III) Shall not proceed until the driver can do so safely. (b) After stopping as required in this section and upon proceeding when it is safe to do so, the driver of a vehicle described in subsection (1)(a) of this section: (I) shall cross only if there is no necessity for changing gears while traversing the crossing; and (II) Shall not manually shift gears while crossing the tracks. (2) This section shall not apply at street railway grade crossings within a business district. (3) When stopping as required at such railroad crossing, the driver shall keep as far to the right of the roadway as possible and shall not form two lanes of traffic unless the roadway is marked for four or more lanes of traffic. (4) Subsection (1) of this section does not apply at: (a) (Deleted by amendment, L. 2006, p. 42, §1, effective July 1, 2006.) (b) Any railroad grade crossing at which traffic is regulated by a traffic control signal; (c) Any railroad grade crossing at which traffic is controlled by a police officer or human flagperson; (d) A railroad crossing where state or local road authorities within their respective jurisdictions have determined that trains or on-track equipment are not operating during certain periods or seasons of the year and have erected an official sign carrying the legend “exempt”, which sign constitutes legally sufficient notice that the crossing is exempt from the stopping requirement in this section. (5) For the purposes of this section: (a) The definition of hazardous materials shall be the definition contained in the rules adopted by the chief of the Colorado state patrol pursuant to section 42-20-108. (b) “School bus” means only those school buses that are required to bear on the front and rear of such school bus the words “SCHOOL BUS” and display visual signal lights pursuant to section 1903(2)(a). (6) Any person who violates any provision of this section commits a class A traffic infraction. Page 183 of 4167 109 708. Moving heavy equipment at railroad grade crossing. (1) No person shall operate or move any crawler-type tractor, steam shovel, derrick, or roller or any equipment or structure having a normal operating speed of ten or less miles per hour or a vertical body or load clearance of less than nine inches above the level surface of a roadway upon or across any tracks at a railroad grade crossing without first complying with this section. (2) Notice of any such intended crossing shall be given to a superintendent of such railroad and a reasonable time be given to such railroad to provide proper protection at such crossing. (3) Before making a crossing described in subsection (1) of this section, the person operating or moving the vehicle or equipment: (a) Shall first stop the vehicle or equipment not less than fifteen feet nor more than fifty feet from the nearest rail of the railroad; (b) While stopped, shall listen and look in both directions along the track for any approaching train, for on-track equipment or for signals indicating the approach of a train or on-track equipment; and (c) Shall not proceed until the crossing can be made safely. (4) Before making a crossing described in subsection (1) of this section, the person moving or operating the vehicle or equipment shall ensure that no warning is being given, whether by automatic signal or crossing gates or a flagperson or otherwise of the immediate approach of a railroad train or on-track equipment. (5) Subsection (3) of this section does not apply at any railroad crossing where state or local road authorities within their respective jurisdictions have determined that trains or on-track equipment are not operating during certain periods or seasons of the year and have erected an official sign carrying the legend “exempt”, which sign constitutes legally sufficient notice that the crossing is exempt from the stopping requirement in this section. (6) Any person who violates any provision of this section commits a class B traffic infraction. 709. Stop when traffic obstructed. A driver shall not enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk, or railroad grade crossing to accommodate the vehicle the driver is operating without obstructing the passage of other vehicles, pedestrians, railroad trains, or railroad on-track equipment, notwithstanding the indication of a traffic control signal to proceed. Any person who violates any provision of this section commits a class A traffic infraction. 710. Emerging from or entering alley, driveway, or building. (1) The driver of a vehicle emerging from an alley, driveway, building, parking lot, or other place, immediately prior to driving onto a sidewalk or into the sidewalk area extending across any such alleyway, driveway, or entranceway, shall yield the right-of-way to any pedestrian upon or about Page 184 of 4167 110 to enter such sidewalk or sidewalk area extending across such alleyway, driveway, or entranceway, as may be necessary to avoid collision, and when entering the roadway shall comply with the provisions of section 704. (2) The driver of a vehicle entering an alley, driveway, or entranceway shall yield the right-of-way to any pedestrian within or about to enter the sidewalk or sidewalk area extending across such alleyway, driveway, or entranceway. (3) No person shall drive any vehicle other than a bicycle, electrical assisted bicycle, or any other human-powered vehicle upon a sidewalk or sidewalk area, except upon a permanent or duly authorized temporary driveway. (4) Any person who violates any provision of this section commits a class A traffic infraction. 711. Driving on mountain highways. (1) The driver of a motor vehicle traveling through defiles or canyons or on mountain highways shall hold such motor vehicle under control and as near to the right-hand edge of the highway as reasonably possible and, except when driving entirely to the right of the center of the roadway, shall give audible warning with the horn of such motor vehicle upon approaching any curve where the view is obstructed within a distance of two hundred feet along the highway. (2) On narrow mountain highways with turnouts having a grade of six percent or more, ascending vehicles shall have the right-of-way over descending vehicles, except where it is more practicable for the ascending vehicle to return to a turnout. (3) Any person who violates any provision of this section commits a class A traffic infraction. 712. Driving in highway work area. (1) The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian engaged in work upon a highway within any highway construction or maintenance work area indicated by official traffic control devices. (2) The driver of a vehicle shall yield the right-of-way to any authorized service vehicle engaged in work upon a highway whenever such vehicle displays flashing lights meeting the requirements of section 214. (3) Any person who violates any provision of this section commits a class A traffic infraction. 713. Yielding right-of-way to transit buses – definitions – penalty. (1) As used in this section, unless the context otherwise requires: (a) “Public mass transit operator” has the same meaning as in section 43-1-102(5). (b) “Transit bus” means a bus operated by a public mass transit operator. (2) Drivers of vehicles in the same lane of traffic and behind a transit bus shall yield the right-of- way to the bus if: Page 185 of 4167 111 (a) The driver of the transit bus, after stopping to allow passengers to board or exit, is signaling an intention to enter a traffic lane; and (b) A yield sign as described in subsection (3) of this section is displayed and illuminated on the back of the transit bus. (3) The yield sign referred to in paragraph (b) of subsection (2) of this section shall: (a) Warn a driver of a vehicle behind the transit bus that the driver is required to yield when the bus is entering a traffic lane; and (b) Be illuminated when the driver of the transit bus is attempting to enter a traffic lane. (4) This section does not require a public mass transit operator to install yield signs as described in subsection (3) of this section on transit buses operated by the public mass transit operator. (5) This section does not relieve a driver of a transit bus from the duty to drive with due regard for the safety of all persons using the roadway. 714. Bicyclist or other authorized user in bicycle lane. (1) The driver of a vehicle shall yield the right-of-way to a bicyclist or other authorized user of a bicycle lane in a bicycle lane. (2)(a) Except as provided in subsection (2)(b) of this section, any person who violates subsection (1) of this section commits a class A traffic infraction. (b)(I) If a person violates subsection (1) of this section and the person's actions are the proximate cause of a crash, the person commits careless driving and shall be punished as described in section 42-4-1402(2)(a). (II) If a person violates subsection (1) of this section and the person's actions are the proximate cause of bodily injury to another person, the person commits careless driving and shall be punished as described in section 42-4-1402(2)(b). 715. Yielding right-of-way in roundabouts – definitions. (1) As used in this section: (a) “Large Vehicle” means a truck, bus, emergency vehicle, or recreational vehicle that generally has a total length of more than thirty-five feet or a total width of more than ten feet. (b) “Roundabout” means a circular intersection or junction in which road traffic flows almost continuously in one direction around a central island. (2)(a) When entering, exiting, or driving in the circulatory lanes in a roundabout, a person driving a vehicle shall: Page 186 of 4167 112 (I) yield the right-of-way to the driver of a large vehicle that is entering, exiting, or driving in the circulatory lanes in a roundabout at the same time or so closely as to present an immediate hazard; and (II) slow down or yield to the other vehicle as required by subsection (2)(a)(I) of this section. (b) This subsection (2) does not require a person who is entering, exiting, or driving in the circulatory lanes in a roundabout to yield the right-of-way to the driver of a large vehicle that is approaching, but has not yet entered, the roundabout. (c) this subsection (2) does not require a person who is driving a vehicle that is entering, exiting, or driving in the circulatory lanes in a roundabout to yield the right-of-way to a large vehicle that is driving behind the person’s vehicle and allow the large vehicle to pass the person’s vehicle. (3) If two vehicles that are large vehicles enter, exit, or drive in the circulatory lanes in a roundabout at the same time or so closely as to present an immediate hazard, the driver on the right shall yield the right-of-way to the driver on the left and shall slow down or yield to the driver on the left. (4) A person who violates this section commits a class A traffic infraction. Page 187 of 4167 113 Part 8 Pedestrians 801. Pedestrian obedience to traffic control devices and traffic regulations. (1) A pedestrian shall obey the instructions of any official traffic control device specifically applicable to the pedestrian, unless otherwise directed by a police officer. (2) Pedestrians shall be subject to traffic and pedestrian-control signals as provided in sections 604 and 802(5). (3) At all other places, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this Code. (4) Any person who violates any provision of this section commits a class B traffic infraction. 802. Pedestrians’ right-of-way in crosswalks. (1) When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. (2) Subsection (1) of this section shall not apply under the conditions stated in section 803. (3) A pedestrian shall not suddenly leave a curb or other place of safety and ride a bicycle, electrical assisted bicycle, or electric scooter, or walk, or run into the path of a moving vehicle that is so close as to constitute an immediate hazard. (4) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. (5) Whenever special pedestrian-control signals exhibiting “Walk” or “Don’t Walk” word or symbol indications are in place, as declared in the traffic control manual adopted by the department of transportation, such signals shall indicate and require as follows: (a) “Walk” (steady): While the “Walk” indication is steadily illuminated, pedestrians facing such signal may proceed across the roadway in the direction of the signal indication and shall be given the right-of-way by the drivers of all vehicles. (b) “Don’t Walk” (steady): While the “Don’t Walk” indication is steadily illuminated, no pedestrian shall enter the roadway in the direction of the signal indication. (c) “Don’t Walk” (flashing): Whenever the “Don’t Walk” indication is flashing, no pedestrian shall start to cross the roadway in the direction of such signal indication, but any pedestrian who has partly completed crossing during the “Walk” indication shall proceed to a sidewalk or to a safety island, and all drivers of vehicles shall yield to any such pedestrian. Page 188 of 4167 114 (d) Whenever a signal system provides for the stopping of all vehicular traffic and the exclusive movement of pedestrians and “Walk” and “Don’t Walk” signal indications control such pedestrian movement, pedestrians may cross in any direction between corners of the intersection offering the shortest route within the boundaries of the intersection while the “Walk” indication is exhibited, if signals and other official devices direct pedestrian movement in such manner consistent with section 803(4). (6) Any person who violates any provision of this section commits a class A traffic infraction. 803. Crossing at other than crosswalks. (1) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway. (2) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway. (3) Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk. (4) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements. (5) Any person who violates any provision of this section commits a class B traffic infraction. 804. Pedestrian to use right half of crosswalk. (Repealed) 805. Pedestrians walking or traveling in a wheelchair on highways. (1) Pedestrians walking or traveling in a wheelchair along and upon highways where sidewalks are not provided shall walk or travel only on a road shoulder as far as practicable from the edge of the roadway. Where neither a sidewalk nor road shoulder is available, any pedestrian walking or traveling in a wheelchair along and upon a highway shall walk as near as practicable to an outside edge of the roadway and, in the case of a two-way roadway, shall walk or travel only on the left side of the roadway facing traffic that may approach from the opposite direction; except that any person lawfully soliciting a ride may stand on either side of such two-way roadway where there is a view of traffic approaching from both directions. (2) No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any private vehicle. For the purposes of this subsection (2), “roadway” means that portion of the road normally used by moving motor vehicle traffic. (3) It is unlawful for any person who is under the influence of alcohol or of any controlled substance, as defined in section 12-22-303(7), or of any stupefying drug to walk or be upon that portion of any highway normally used by moving motor vehicle traffic. (4) This section applying to pedestrians shall also be applicable to riders of animals. Page 189 of 4167 115 (5) This local government may, by ordinance, regulate the use by pedestrians of streets and highways under its jurisdiction to the extent authorized under subsection (6) of this section and sections 110 and 111, but no ordinance regulating such use of streets and highways in a manner differing from this section shall be effective until official signs or devices giving notice thereof have been placed as required by section 111(2). (6) No person shall solicit a ride on any highway included in the interstate system, as defined in section 43-2-101(2), except at an entrance to or exit from such highway or at places specifically designated by the department of transportation; or, in an emergency affecting a vehicle or its operation, a driver or passenger of a disabled vehicle may solicit a ride on any highway. (7) Pedestrians shall only be picked up where there is adequate road space for vehicles to pull off and not endanger and impede the flow of traffic. (8) Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals meeting the requirements of section 213 or of a police vehicle properly and lawfully making use of an audible signal only, every pedestrian shall yield the right-of-way to the authorized emergency vehicle and shall leave the roadway and remain off the same until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. This subsection (8) shall not relieve the driver of an authorized emergency vehicle from the duty to use due care as provided in sections 108(4) and 807. (9) Any person who violates any provision of this section commits a class B traffic infraction. 806. Driving through safety zone prohibited. No vehicle at any time shall be driven through or within a safety zone. Any person who violates any provision of this section commits a class A traffic infraction. 807. Drivers to exercise due care. Notwithstanding any of the provisions of this Code, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person upon a roadway. Any person who violates any provision of this section commits a class A traffic infraction. 808. Drivers and pedestrians, other than persons in wheelchairs, to yield to persons with disabilities. (1) Any pedestrian other than a person in a wheelchair, or any driver of a vehicle who approaches an individual who has an obviously apparent disability shall immediately come to a full stop and take such precautions before proceeding as are necessary to avoid an accident or injury to said individual. A disability shall be deemed to be obviously apparent if, by way of example and without limitation, the individual is using a mobility device, is assisted by a service animal as defined in section 24-34-301, is being assisted by another person, or is walking with an obvious physical impairment. Any person who violates any provision of this section commits a class A traffic offense. Page 190 of 4167 116 Part 9 Turning – Stopping 901. Required position and method of turning. (1) The driver of a motor vehicle intending to turn shall do so as follows: (a) Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway. Left turns. The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle. Whenever practicable, the left turn shall be made to the left of the center of the intersection so as to leave the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction as such vehicle on the roadway being entered. (c) Two-way left-turn lanes. Where a special lane for making left turns by drivers proceeding in opposite directions has been indicated by official traffic control devices in the manner prescribed in the state traffic control manual, a left turn shall not be made from any other lane, and a vehicle shall not be driven in said special lane except when preparing for or making a left turn from or into the roadway or when preparing for or making a U-turn when otherwise permitted by law. (2) Local authorities in their respective jurisdictions may cause official traffic control devices to be placed and thereby require and direct that a different course from that specified in this section be traveled by turning vehicles, and, when such devices are so placed, no driver shall turn a vehicle other than as directed and required by such devices. In the case of streets which are a part of the state highway system, the local regulation shall be subject to the approval of the department of transportation as provided in section 43-2-135(1)(g). (3) Any person who violates any provision of this section commits a class A traffic infraction. 902. Limitations on turning around. (1) No vehicle shall be turned so as to proceed in the opposite direction upon any curve or upon the approach to or near the crest of a grade where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within such distance as is necessary to avoid interfering with or endangering approaching traffic. (2) The driver of any vehicle shall not turn such vehicle at an intersection or any other location so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with or endangering other traffic. (3) Local authorities, within their respective jurisdictions, subject to the provisions of section 43- 2-135(1)(g), in the case of streets which are state highways, may erect “U-turn” prohibition or restriction signs at intersections or other locations where such movements are deemed to be hazardous, and, whenever official signs are so erected, no driver of a vehicle shall disobey the instructions thereof. Page 191 of 4167 117 (4) Any person who violates any provision of this section commits a class A traffic infraction. 903. Turning movements and required signals. (1) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section 901, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety and then only after giving an appropriate signal in the manner provided in sections 608 and 609. (2) A signal of intention to turn right or left shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning in urban or metropolitan areas and shall be given continuously for at least two hundred feet on all four-lane highways and other highways where the prima facie or posted speed limit is more than forty miles per hour. Such signals shall be given regardless of existing weather conditions. (3) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in sections 608 and 609 to the driver of any vehicle immediately to the rear when there is opportunity to give such signal. (4) The signals provided for in section 608(2) shall be used to indicate an intention to turn, change lanes, or start from a parked position and shall not be flashed on one side only on a parked or disabled vehicle or flashed as a courtesy or “do pass” signal to operators of other vehicles approaching from the rear. (5) Any person who violates any provision of this section commits a class A traffic infraction. Page 192 of 4167 118 Part 10 Driving - Overtaking – Passing 1001. Drive on right side - exceptions. (1) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows: (a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; (b) When an obstruction exists making it necessary to drive to the left of the center of the highway; but any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard; (c) Upon a roadway divided into three lanes for traffic under the rules applicable thereon; or (d) Upon a roadway restricted to one-way traffic as indicated by official traffic control devices. (1) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway. (2) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes or except as permitted under subsection (1)(b) of this section. However, this subsection (3) does not prohibit the crossing of the center line in making a left turn into or from an alley, private road, or driveway when such movement can be made in safety and without interfering with, impeding, or endangering other traffic lawfully using the highway. (3) Any person who violates any provision of this section commits a class A traffic infraction. 1002. Passing oncoming vehicles. (1) Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and, upon roadways having width for not more than one lane of traffic in each direction, each driver shall give to the other at least one-half of the main traveled portion of the roadway as nearly as possible. (2) A driver shall not pass a bicyclist moving in the same direction and in the same lane when there is oncoming traffic unless the driver can simultaneously: Page 193 of 4167 119 (a) Allow oncoming vehicles at least one-half of the main-traveled portion of the roadway in accordance with subsection (1) of this section; and (b) Allow the bicyclist at least a three-foot separation between the right side of the driver’s vehicle, including all mirrors or other projections, and the left side of the bicyclist at all times. (3) Any person who violates any provision of this section commits a class A traffic infraction. 1003. Overtaking a vehicle on the left. (1) The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the limitations, exceptions, and special rules stated in this section and sections 1004 to 1008: (a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the vehicle at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. (b) The driver of a motor vehicle overtaking a bicyclist proceeding in the same direction shall allow the bicyclist at least a three-foot separation between the right side of the driver’s vehicle, including all mirrors or other projections, and the left side of the bicyclist at all times. (c) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of the driver’s vehicle until completely passed by the overtaking vehicle. (2) Any person who violates any provision of this section commits a class A traffic infraction. 1004. When overtaking on the right is permitted. (1) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: (a) When the vehicle overtaken is making or giving indication of making a left turn; (b) Upon a street or highway with unobstructed pavement not occupied by parked vehicles and marked for two or more lanes of moving vehicles in each direction; or (c) Upon a one-way street or upon any roadway on which traffic is restricted to one direction of movement where the roadway is free from obstructions and marked for two or more lanes of moving vehicles. (1.5) The driver of a motor vehicle upon a one-way roadway with two or more marked traffic lanes, when overtaking a bicyclist proceeding in the same direction and riding on the left-hand side of the road, shall allow the bicyclist at least a three-foot separation between the left side of the driver’s vehicle, including all mirrors or other projections, and the right side of the bicyclist at all times. Page 194 of 4167 120 (2) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway. (3) Any person who violates any provision of this section commits a class A traffic infraction. 1005. Limitations on overtaking on the left. (1) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions of this Code and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completed without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and, in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred feet of any approaching vehicle. (2) No vehicle shall be driven on the left side of the roadway under the following conditions: (a) When approaching or upon the crest of a grade or a curve in the highway where the driver’s view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction; (b) When approaching within one hundred feet of or traversing any intersection or railroad grade crossing; or (c) When the view is obstructed upon approaching within one hundred feet of any bridge, viaduct, or tunnel. (3) Local authorities are authorized to determine those portions of any highway under their respective jurisdictions where overtaking and passing or driving on the left side of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones. Where such signs or markings are in place to define a no- passing zone and such signs or markings are clearly visible to an ordinarily observant person, no driver shall drive on the left side of the roadway within such no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length. (4) The provisions of this section shall not apply: (a) Upon a one-way roadway; (b) Under the conditions described in section 1001(1)(b); (c) To the driver of a vehicle turning left into or from an alley, private road, or driveway when such movement can be made in safety and without interfering with, impeding, or endangering other traffic lawfully using the highway; or Page 195 of 4167 121 (d) To the driver of a vehicle passing a bicyclist moving the same direction and in the same lane when such movement can be made in safety and without interfering with, impeding, or endangering other traffic lawfully using the highway. (1) Any person who violates any provision of this section commits a class A traffic infraction. 1006. One-way roadways and rotary traffic islands. (1) Upon a roadway restricted to one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic control devices. (2) A vehicle passing around a rotary traffic island shall be driven only to the right of such island. (3) Local authorities with respect to highways under their respective jurisdictions may designate any roadway, part of a roadway, or specific lanes upon which vehicular traffic shall proceed in one direction at all or such times as shall be indicated by official traffic control devices. In the case of streets which are a part of the state highway system, the regulation shall be subject to the approval of the department of transportation pursuant to section 43-2-135(1)(g). (4) Any person who violates any provision of this section commits a class A traffic infraction. 1007. Driving on roadways laned for traffic. (1) Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules in addition to all others consistent with this section shall apply: (a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. (b) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn, or where such center lane is at the time allocated exclusively to the traffic moving in the direction the vehicle is proceeding and is designated by official traffic control devices to give notice of such allocation. Under no condition shall an attempt be made to pass upon the shoulder or any portion of the roadway remaining to the right of the indicated right-hand traffic lane. (c) Official traffic control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every such device. (d) Official traffic control devices may be installed prohibiting the changing of lanes on sections of roadway, and drivers of vehicles shall obey the directions of every such device. (2)(a) The department of transportation may designate with signage an area on a roadway not otherwise laned for traffic for use by commercial vehicles, as defined in section 235(1)(a), that are designed to transport sixteen or more passengers, including the driver, and that are operated Page 196 of 4167 122 by a governmental entity or government-owned business that transports the general public or by a contractor on behalf of such an entity or government-owned business. Use of such an area is limited to vehicles authorized by the department operating under conditions of use established by the department but, subject to the conditions of use, the driver of an authorized vehicle has sole discretion to decide whether or not to drive on such an area based on the driver’s assessment of the safety of doing so. The department shall consult with the Colorado state patrol before granting authorization for the use of the area and establishing conditions of use. The department shall impose and each authorized user shall acknowledge the conditions for use by written agreement, and the department need not note the conditions of use in roadway signage. An authorized user does not violate this section or section 1004 when operating in accordance with the conditions of use for an area imposed by the department and acknowledged by the user in a written agreement. (b) The department of transportation shall work with local governmental agencies in implementing the provisions of this subsection (2). (3) Any person who violates any provision of this section commits a class A traffic infraction. 1008. Following too closely. (1) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. (2) The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger; except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle. (3) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions. (4) Any person who violates any provision of this section commits a class A traffic infraction. 1008.5. Crowding or threatening bicyclist. (1) The driver of a motor vehicle shall not, in a careless and imprudent manner, drive the vehicle unnecessarily close to, toward, or near a bicyclist. (2) Any person who violates subsection (1) of this section commits careless driving as described in section 1402. Page 197 of 4167 123 1009. Coasting prohibited. (1) The driver of any motor vehicle when traveling upon a downgrade shall not coast with the gears or transmission of such vehicle in neutral. (2) The driver of a truck or bus when traveling upon a downgrade shall not coast with the clutch disengaged. (3) Any person who violates any provision of this section commits a class A traffic infraction. 1010. Driving on divided or controlled-access highways. (1) Whenever any highway has been divided into separate roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway, unless directed or permitted to use another roadway by official traffic control devices. No vehicle shall be driven over, across, or within any such dividing space, barrier, or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection as established, unless specifically prohibited by official signs and markings or by the provisions of section 42-4- 902. However, this subsection (1) does not prohibit a left turn across a median island formed by standard pavement markings or other mountable or traversable devices as prescribed in the state traffic control manual when such movement can be made in safety and without interfering with, impeding, or endangering other traffic lawfully using the highway. (2)(a) No person shall drive a vehicle onto or from any controlled-access roadway except at such entrances and exits as are established by public authority. (b) Wherever an acceleration lane has been provided in conjunction with a ramp entering a controlled-access highway and the ramp intersection is not designated or signed as a stop or yield intersection as provided in section 703(1), drivers may use the acceleration lane to attain a safe speed for merging with through traffic when conditions permit such acceleration with safety. Traffic so merging shall be subject to the rule governing the changing of lanes as set forth in section 1007(1)(a). (c) Wherever a deceleration lane has been provided in conjunction with a ramp leaving a controlled-access highway, drivers shall use such lane to slow to a safe speed for making an exit turn after leaving the mainstream of faster-moving traffic. (3) Local authorities may by ordinance consistent with the provisions of section 43-2-135(1)(g), with respect to any controlled-access highway under their respective jurisdictions, prohibit the use of any such highway by any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic. After adopting such prohibitory regulations shall install official traffic control devices in conformity with the standards established by sections 601 and 602 at entrance points or along the highway on which such regulations are applicable. When such devices are so in place, giving notice thereof, no person shall disobey the restrictions made known by such devices. (4) Any person who violates any provision of this section commits a class A traffic infraction. Page 198 of 4167 124 1011. Use of runaway vehicle ramps. (1) No person shall use a runaway vehicle ramp unless such person is in an emergency situation requiring use of the ramp to stop such person’s vehicle. (2) No person shall stop, stand, or park a vehicle on a runaway vehicle ramp or in the pathway of the ramp. (3) Any person who violates any provision of this section commits a class A traffic infraction. 1012. High occupancy vehicle (HOV) and high occupancy toll (HOT) lanes – penalty. (1) Local authorities, with respect to streets and highways under their respective jurisdictions, may designate exclusive or preferential lanes for vehicles that carry a specified number of persons. The occupancy level of vehicles and the time of day when lane usage is restricted to high occupancy vehicles, if applicable, shall be designated by official traffic control devices. (2) A motorcycle or autocycle may be operated upon high occupancy vehicle lanes pursuant to section 163 of the “Highway Improvement Act of 1982”, pub.l. 97-424, as amended, or upon high occupancy toll lanes, unless prohibited by official traffic control devices. (2.5)(a)(I) Except as otherwise provided in paragraph (d) of this subsection (2.5), a motor vehicle with a gross vehicle weight of twenty-six thousand pounds or less that is either an inherently low- emission vehicle or a hybrid vehicle may be operated upon high occupancy vehicle lanes without regard to the number of persons in the vehicle and without payment of a special toll or fee. The exemption relating to hybrid vehicles shall apply only if such exemption does not affect the receipt of federal funds and does not violate any federal laws or regulations. (II) As used in this subsection (2.5), “inherently low-emission vehicle” or “ILEV” means: (A) A light-duty vehicle or light-duty truck, regardless of whether such vehicle or truck is part of a motor vehicle fleet, that has been certified by the federal environmental protection agency as conforming to the ILEV guidelines, procedures, and standards as published in the federal register at 58 FR 11888 (March 1, 1993) and 59 FR 50042 (September 30, 1994), as amended from time to time; and (B) A heavy-duty vehicle powered by an engine that has been certified as set forth in sub-subparagraph (A) of this subparagraph (II). (III) As used in this subsection (2.5), “hybrid vehicle” means a motor vehicle with a hybrid propulsion system that uses an alternative fuel by operating on both an alternative fuel, including electricity, and a traditional fuel. (b) No person shall operate a vehicle upon a high occupancy vehicle lane pursuant to this subsection (2.5) unless the vehicle: (I) Meets all applicable federal emission standards set forth in 40 CFR sec. 88.311-93, as amended from time to time, or, subject to subparagraph (I) of paragraph (a) of this subsection (2.5), is a hybrid vehicle; and Page 199 of 4167 125 (II) Is identified by means of a circular sticker or decal at least four inches in diameter, made of bright orange reflective material, and affixed either to the windshield, to the front of the side view mirror on the driver’s side, or to the front bumper of the vehicle. Said sticker or decal shall be approved by the Colorado department of transportation. (c) Local authorities, with respect to streets and highways under their respective jurisdictions, shall provide information via official traffic control devices to indicate that ILEVs and, subject to subparagraph (I) of paragraph (a) of this subsection (2.5), hybrid vehicles may be operated upon high occupancy vehicle lanes pursuant to this section. Such information may, but need not, be added to existing printed signs, but as existing printed signs related to high occupancy vehicle lane use are replaced or new ones are erected, such information shall be added. In addition, whenever existing electronic signs are capable of being reprogrammed to carry such information, they shall be so reprogrammed by September 1, 2003. (d)(I) In consultation with the regional transportation district, the department of transportation and local authorities, with respect to streets and highways under their respective jurisdictions, shall, in connection with their periodic level-of-service evaluation of high occupancy vehicle lanes, perform a level-of-service evaluation of the use of high occupancy vehicle lanes by ILEVs and hybrid vehicles. If the use of high occupancy vehicle lanes by ILEVs or hybrid vehicles is determined to cause a significant decrease in the level of service for other bona fide users of such lanes, then the department of transportation or a local authority may restrict or eliminate use of such lanes by ILEVs or hybrid vehicles. (II) If the United States secretary of transportation makes a formal determination that, by giving effect to paragraph (a) of this subsection (2.5) on a particular highway or lane, the state of Colorado would disqualify itself from receiving federal highway funds the state would otherwise qualify to receive or would be required to refund federal transportation grant funds it has already received, then said paragraph (a) shall not be effective as to such highway or lane. (3)(a) Any person who uses a high occupancy vehicle lane in violation of restrictions imposed by local authorities commits a class A traffic infraction. (b) Any person convicted of a third or subsequent offense of paragraph (a) of this subsection (3) committed within a twelve-month period shall be subject to an increased penalty pursuant to section 1701(4)(a)(I)(K). 1013. Passing lane - definitions - penalty. (1) A person shall not drive a motor vehicle in the passing lane of a highway if the speed limit is sixty-five miles per hour or more unless such person is passing other motor vehicles that are in a non-passing lane or turning left, or unless the volume of traffic does not permit the motor vehicle to safely merge into a non-passing lane. (2) For the purposes of this section: (a) “Non-passing lane” means any lane that is to the right of the passing lane if there are two or more adjacent lanes of traffic moving in the same direction in one roadway. Page 200 of 4167 126 (b) “Passing lane” means the farthest to the left lane if there are two or more adjacent lanes of traffic moving in the same direction in one roadway; except that, if such left lane is restricted to high occupancy vehicle use or is designed for left turns only, the passing lane shall be the lane immediately to the right of such high occupancy lane or left-turn lane. (3) A person who violates this section commits a class A traffic infraction. Page 201 of 4167 127 Part 11 Speed Regulations 1101. Speed limits. (1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing. (2) Except when a special hazard exists that requires a lower speed, the following speeds shall be lawful: (a) Twenty miles per hour on narrow, winding mountain highways or on blind curves; (b) Twenty-five miles per hour in any business district, as defined in section 42-1-102(11); (c) Thirty miles per hour in any residence district, as defined in section 42-1-102(80); (d) Forty miles per hour on open mountain highways; (e) Forty-five miles per hour for all single rear axle vehicles in the business of transporting trash that exceed twenty thousand pounds, where higher speeds are posted, when said vehicle is loaded as an exempted vehicle pursuant to section 507(3); (f) Fifty-five miles per hour on other open highways which are not on the interstate system, as defined in section 43-2-101(2), and are not surfaced, four-lane freeways or expressways; (g) Sixty-five miles per hour on surfaced, four-lane highways which are on the interstate system, as defined in section 43-2-101(2), or are freeways or expressways; (h) Any speed not in excess of a speed limit designated by an official traffic control device. (3) No driver of a vehicle shall fail to decrease the speed of such vehicle from an otherwise lawful speed to a reasonable and prudent speed when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions. (4) Except as otherwise provided in paragraph (c) of subsection (8) of this section, any speed in excess of the lawful speeds set forth in subsection (2) of this section shall be prima facie evidence that such speed was not reasonable or prudent under the conditions then existing. As used in this subsection (4), “prima facie evidence” means evidence which is sufficient proof that the speed was not reasonable or prudent under the conditions then existing, and which will remain sufficient proof of such fact, unless contradicted and overcome by evidence bearing upon the question of whether or not the speed was reasonable and prudent under the conditions then existing. (5) In every charge of violating subsection (1) of this section, the complaint, summons and complaint, or penalty assessment notice shall specify the speed at which the defendant is alleged to have driven and also the alleged reasonable and prudent speed applicable at the specified time and location of the alleged violation. Page 202 of 4167 128 (6) The provisions of this section shall not be construed to relieve the party alleging negligence under this section in any civil action for damages from the burden of proving that such negligence was the proximate cause of an accident. (7) Notwithstanding paragraphs (a), (b), and (c) of subsection (2) of this section, any city or town may by ordinance adopt absolute speed limits as the maximum lawful speed limits in its jurisdiction, and such speed limits shall not be subject to the provisions of subsection (4) of this section. (8)(a) (Deleted by amendment, L. 96, p. 578, § 2, effective May 25, 1996.) (b) Notwithstanding any other provisions of this section, no person shall drive a vehicle on a highway at a speed in excess of a maximum lawful speed limit of seventy-five miles per hour. (c) The speed limit set forth in paragraph (b) of this subsection (8) is the maximum lawful speed limit and is not subject to the provisions of subsection (4) of this section. (d) Local authorities within their respective jurisdictions shall not authorize any speed limit which exceeds seventy-five miles per hour on any highway. (e) The provisions of this subsection (8) are declared to be matters of both local and statewide concern requiring uniform compliance throughout the state. (f) In every charge of a violation of paragraph (b) of this subsection (8), the complaint, summons and complaint, or penalty assessment notice shall specify the speed at which the defendant is alleged to have driven and also the maximum lawful speed limit of seventy-five miles per hour. (g) Notwithstanding any other provision of this section, no person shall drive a low-power scooter on a roadway at a speed in excess of forty miles per hour. Local authorities shall not authorize low-power scooters to exceed forty miles per hour on a roadway. (9) The conduct of a driver of a vehicle which would otherwise constitute a violation of this section is justifiable and not unlawful when: (a) It is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of said driver and which is of sufficient gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the consequences sought to be prevented by this section; or (b) With respect to authorized emergency vehicles, the applicable conditions for exemption, as set forth in section 108, exist. (10) The minimum requirement for commission of a traffic infraction or misdemeanor traffic offense under this section is the performance by a driver of prohibited conduct, which includes a voluntary act or the omission to perform an act which said driver is physically capable of performing. (11) It shall not be a defense to prosecution for a violation of this section that: Page 203 of 4167 129 (a) The defendant’s conduct was not performed intentionally, knowingly, recklessly, or with criminal negligence; or (b) The defendant’s conduct was performed under a mistaken belief of fact, including, but not limited to, a mistaken belief of the defendant regarding the speed of the defendant’s vehicle; or (c) The defendant’s vehicle has a greater operating or fuel-conserving efficiency at speeds greater than the reasonable and prudent speed under the conditions then existing or at speeds greater than the maximum lawful speed limit. (12)(a) A violation of driving one to twenty-four miles per hour in excess of the reasonable and prudent speed or in excess of the maximum lawful speed limit of seventy-five miles per hour is a class A traffic infraction. (b) A violation of driving twenty-five or more miles per hour in excess of the reasonable and prudent speed or in excess of the maximum lawful speed limit of seventy-five miles per hour is a class 2 misdemeanor traffic offense; except that such violation within a maintenance, repair, or construction zone, designated pursuant to section 614, is a class 1 misdemeanor traffic offense. (c) A violation under subsection (3) of this section is a class A traffic infraction. 1102. Altering of speed limits – department to study rural state highways and increase speed limits – definitions – repeal. (1)(a) Whenever local authorities determine upon the basis of a traffic investigation or survey or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highways or segments thereof that any speed specified or established as authorized under sections 1101 to 1104 is greater or less than is reasonable or safe under the road and traffic conditions at any intersection or other place or upon any part of a state highway under its jurisdiction, said local authority shall determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or upon the approaches thereto; except that no speed limit in excess of seventy-five miles per hour shall be authorized by said local authority. (b) Repealed. (2) Whenever county or municipal authorities within their respective jurisdictions determine upon the basis of a traffic investigation or survey, or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highways or segments thereof, that any speed specified or established as authorized under sections 1101 to 1104 is greater or less than is reasonable or safe under the road and traffic conditions at any intersection or other place or upon any part of a street or highway in its jurisdiction, said local authority shall determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or upon the approaches thereto. No such local authority shall have the power to alter the basic rules set forth in section 1101(1) or in any event to authorize by resolution or ordinance a speed in excess of seventy-five miles per hour. Page 204 of 4167 130 (3) Local municipal authorities within their respective jurisdictions shall determine upon the basis of a traffic investigation or survey the proper speed for all arterial streets and shall declare a reasonable and safe speed limit thereon which may be greater or less than the speed specified under section 1101(2)(b) or (2)(c). Such speed limit shall not exceed seventy-five miles per hour and shall become effective when appropriate signs are erected giving notice thereof. For purposes of this subsection (3), an “arterial street” means any United States or state-numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways. (4) No alteration of speed limits on state highways within cities, cities and counties, and incorporated towns is effective until it has been approved in writing by the department of transportation. Upon the request of any incorporated city or town, the department of transportation shall conduct any traffic investigation or survey that is deemed to be warranted for determination of a safe and reasonable speed limit on any street or portion thereof that is a state highway. In conducting such a traffic investigation, the department may receive and consider traffic and engineering data provided by the city or county engineer of any requesting local government that will be impacted by a proposed alteration of speed limits. Any speed limit so determined by the department becomes effective when declared by the local authority and made known by official signs conforming to the state traffic control manual. (5) Whenever the local authorities, within their respective jurisdictions, determine upon the basis of a traffic investigation or survey that a reduced speed limit is warranted in a school or construction area or other place during certain hours or periods of the day when special or temporary hazards exist, the department or the concerned local authority may erect or display official signs of a type prescribed in the state traffic control manual giving notice of the appropriate speed limit for such conditions and stating the time or period the regulation is effective. When such signs are erected or displayed, the lawful speed limit at the particular time and place shall be that which is then indicated upon such signs; except that no such speed limit shall be less than twenty miles per hour on a state highway or other arterial street as defined in subsection (3) of this section nor less than fifteen miles per hour on any other road or street, nor shall any such reduced speed limit be made applicable at times when the special conditions for which it is imposed cease to exist. Such reduced speed limits on streets which are state highways shall be subject to the written approval of the department of transportation before becoming effective. (6) In its discretion, a municipality, by ordinance, or a county, by resolution of the board of county commissioners, may impose and enforce stop sign regulations and speed limits, not inconsistent with the provisions of sections 1101 to 1104, upon any way which is open to travel by motor vehicles and which is privately maintained in mobile home parks, when appropriate signs giving notice of such enforcement are erected at the entrances to such ways. Unless there is an agreement to the contrary, the jurisdiction ordering the regulations shall be responsible for the erection and maintenance of the signs. (7) Any powers granted in this section to county or municipal authorities may be exercised by such authorities or by any municipal officer or employee who is designated by ordinance to exercise such powers. Page 205 of 4167 131 1103. Minimum speed regulation. (1) No person shall drive a motor vehicle on any highway at such a slow speed as to impede or block the normal and reasonable forward movement of traffic, except when a reduced speed is necessary for safe operation of such vehicle or in compliance with law. (2) Whenever the department of transportation or local authorities within their respective jurisdictions determine, on the basis of an engineering and traffic investigation as described in the state traffic control manual, that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, said department or such local authority may determine and declare a minimum speed limit below which no person shall drive a vehicle, except when necessary for safe operation or in compliance with law. (3) Notwithstanding any minimum speed that may be authorized and posted pursuant to this section, if any person drives a motor vehicle on a highway outside an incorporated area or on any controlled-access highway at a speed less than the normal and reasonable speed of traffic under the conditions then and there existing and by so driving at such slower speed impedes or retards the normal and reasonable movement of vehicular traffic following immediately behind, then such driver shall: (a) Where the width of the traveled way permits, drive in the right-hand lane available to traffic or on the extreme right side of the roadway consistent with the provisions of section 1001 (2) until such impeded traffic has passed by; or (b) Pull off the roadway at the first available place where such movement can safely and lawfully be made until such impeded traffic has passed by. (4) Wherever special uphill traffic lanes or roadside turnouts are provided and posted, drivers of all vehicles proceeding at less than the normal and reasonable speed of traffic shall use such lanes or turnouts to allow other vehicles to pass or maintain normal traffic flow. (5) Any person who violates any provision of this section commits a class A traffic infraction. 1104. Speed limits on elevated structures. (1) No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is signposted as provided in this section. (2) The department of transportation upon request from any local authority shall, or upon its own initiative may, conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and, if it finds that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under sections 1101 to 1104, said department shall determine and declare the maximum speed of vehicles which such structure can withstand and shall cause or permit suitable standard signs stating such maximum speed to be erected and maintained before each end of such structure in conformity with the state traffic control manual. Page 206 of 4167 132 (3) Upon the trial of any person charged with a violation of this section, proof of said determination of the maximum speed by said department and the existence of said signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to such bridge or structure. (4) Any person who violates any provision of this section commits a class A traffic infraction. 1105. Speed contests - speed exhibitions - aiding and facilitating - immobilization of motor vehicle - definitions. (I)(a) Except as otherwise provided in subsection (4) of this section, it is unlawful for a person to knowingly engage in a speed contest on a highway. (b) For purposes of this section, “speed contest” means the operation of one or more motor vehicles to conduct a race or a time trial, including but not limited to rapid acceleration, exceeding reasonable and prudent speeds for highways and existing traffic conditions, vying for position, or performing one or more lane changes in an attempt to gain advantage over one or more of the other race participants. (c) A person who violates any provision of this subsection (1) commits a class 1 misdemeanor traffic offense. (2)(a) Except as otherwise provided in subsection (4) of this section, it is unlawful for a person to knowingly engage in a speed exhibition on a highway. (b) For purposes of this section, “speed exhibition” means the operation of a motor vehicle to present a display of speed or power. “Speed exhibition” includes, but is not limited to, squealing the tires of a motor vehicle while it is stationary or in motion, rapid acceleration, rapid swerving or weaving in and out of traffic, producing smoke from tire slippage, or leaving visible tire acceleration marks on the surface of the highway or ground. (c) A person who violates any provision of this subsection (2) commits a class 2 misdemeanor traffic offense. (3)(a) Except as otherwise provided in subsection (4) of this section, a person shall not, for the purpose of facilitating or aiding or as an incident to any speed contest or speed exhibition upon a highway, in any manner obstruct or place a barricade or obstruction, or assist or participate in placing any such barricade or obstruction, upon a highway. (b) A person who violates any provision of this subsection (3) commits, pursuant to section 1703, the offense that the person aided in or facilitated the commission of. Nothing in this subsection (3) shall be construed to preclude charging a person under section 1703 for otherwise being a party to the crime of engaging in a speed contest or engaging in a speed exhibition. (4) The provisions of this section shall not apply to the operation of a motor vehicle in an organized competition according to accepted rules on a designated and duly authorized race track, race course, or drag strip. Page 207 of 4167 133 (5)(a) In addition to a sentence imposed pursuant to this section or pursuant to any other provision of law: (I) Upon the second conviction for an offense specified in subsection (1) or (2) of this section, or any other crime, the underlying factual basis of which has been found by the court to include an act of operating a motor vehicle in violation of subsection (1) or (2) of this section, the court may, in its discretion, order the primary law enforcement agency involved with the case to place an immobilization device on the motor vehicle or motor vehicles so operated for a period of up to fourteen days. (II) Upon the third or subsequent conviction for an offense specified in subsection (1) or (2) of this section, or any other crime, the underlying factual basis of which has been found by the court to include an act of operating a motor vehicle in violation of subsection (1) or (2) of this section, the court may, in its discretion, order the primary law enforcement agency involved with the case to place an immobilization device on the motor vehicle or motor vehicles so operated for a period of up to thirty days but more than fourteen days. (b) The period during which a motor vehicle may be fitted with an immobilization device pursuant to paragraph (a) of this subsection (5) shall be in addition to any period during which the motor vehicle was impounded prior to sentencing. (c) An order issued under this subsection (5) shall state the requirements included in subsections (7) and (8) of this section. (d) For purposes of this section, “immobilization device” means a device locked into place over a wheel of a motor vehicle that prevents the motor vehicle from being moved. “Immobilization device” includes but is not limited to a device commonly referred to as a “traffic boot” or “boot”. (6)(a) Except as otherwise provided in subsection (9) of this section, a law enforcement agency that is ordered to place an immobilization device on a motor vehicle pursuant to subsection (5) of this section shall attempt to locate the motor vehicle within its jurisdiction. The law enforcement agency may, in its discretion, attempt to locate the motor vehicle outside of its jurisdiction. (b) Nothing in this subsection (6) shall be construed to: (I) Prohibit a law enforcement agency from seeking the assistance of another law enforcement agency for the purpose of placing an immobilization device on a motor vehicle or removing the device in accordance with this section; or (II) Require a law enforcement agency to expend excessive time or commit excessive staff to the task of locating a motor vehicle subject to immobilization under this section. (c) The time spent by a law enforcement agency in locating a motor vehicle in accordance with this subsection (6) shall not alter the immobilization period ordered by the court under subsection (5) of this section. Page 208 of 4167 134 (d) A law enforcement agency that places an immobilization device on a motor vehicle pursuant to this section shall affix a notice to the immobilized motor vehicle stating the information described in subsections (7) and (8) of this section. (e) A peace officer who locates or attempts to locate a motor vehicle, or who places or removes, or assists with the placement or removal of, an immobilization device in accordance with the provisions of this section shall be immune from civil liability for damages, except for damages arising from willful and wanton conduct. (7)(a) The owner of a motor vehicle immobilized under this section shall be assessed a fee of thirty-five dollars for each day the motor vehicle is ordered immobilized and, except as otherwise provided in paragraph (d) of this subsection (7), thirty-five dollars for each day up to fourteen days after the immobilization period that the fee for the immobilization period is not paid. The owner shall pay the fee to the law enforcement agency that places the immobilization device on the motor vehicle. (b) The owner, within fourteen days after the end of the immobilization period ordered by the court, may obtain removal of the immobilization device by the law enforcement agency that placed it by requesting the removal and paying the fee required under paragraph (a) of this subsection (7). (c) The failure of the owner of the immobilized motor vehicle to request removal of the immobilization device and pay the fee within fourteen days after the end of the immobilization period ordered by the court or within the additional time granted by the court pursuant to paragraph (d) of this subsection (7), whichever is applicable, shall result in the motor vehicle being deemed an “abandoned motor vehicle”, as defined in sections 1802(1)(d) and 2102(1)(d), and subject to the provisions of part 18 or 21 of this Code, whichever is applicable. The law enforcement agency entitled to payment of the fee under this subsection (7) shall be eligible to recover the fee if the abandoned motor vehicle is sold, pursuant to section 1809(2)(b.5) or 2108(2)(a.5). (d) Upon application of the owner of an immobilized motor vehicle, the court that ordered the immobilization may, in its discretion, grant additional time to pay the immobilization fee required under paragraph (a) of this subsection (7). If additional time is granted, the court shall notify the law enforcement agency that placed the immobilization device. (8)(a) A person may not remove an immobilization device that is placed on a motor vehicle pursuant to this section during the immobilization period ordered by the court. (b) No person may remove the immobilization device after the end of the immobilization period except the law enforcement agency that placed the immobilization device and that has been requested by the owner to remove the device and to which the owner has properly paid the fee required by subsection (7) of this section. Nothing in this subsection (8) shall be construed to prevent the removal of an immobilization device in order to comply with the provisions of part 18 or 21 of this Code. (c) A person who violates any provision of this subsection (8) commits a class 2 misdemeanor traffic offense. Page 209 of 4167 135 (9)(a) A law enforcement agency that is ordered to place an immobilization device on a motor vehicle pursuant to subsection (5) of this section shall inform the court at sentencing if it is unable to comply with the court’s order either because the law enforcement agency is not yet equipped with an immobilization device or because it does not have a sufficient number of immobilization devices. The court, upon being so informed, shall, in lieu of ordering immobilization, order the law enforcement agency to impound the motor vehicle for the same time period that the court initially ordered the motor vehicle to be immobilized. (b) If a motor vehicle is ordered to be impounded pursuant to paragraph (a) of this subsection (9), the provisions of subsections (6) to (8) of this section shall not apply. Page 210 of 4167 136 Part 12 Parking 1201. Starting parked vehicle. No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety. Any person who violates any provision of this section commits a class A traffic infraction. 1202. Parking or abandonment of vehicles. (1) No person shall stop, park, or leave standing any vehicle, either attended or unattended, outside of a business or a residential district, upon the paved or improved and main-traveled part of the highway. Nothing contained in this section shall apply to the driver of any vehicle which is disabled while on the paved or improved and main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position, subject, when applicable, to the emergency lighting requirements set forth in section 230. (2) Any person who violates any provision of this section commits a class B traffic infraction. 1203. Ski areas to install signs (1) Colorado ski areas shall install traffic control signs as provided in this section on both sides of that segment of every highway which is within one mile of and which leads to the recognized entrances to the ski area parking lots if it is found that: (a) The ski area has insufficient parking capacity as evidenced by the practice of parking by motor vehicles on such highways; and (b) Such parking constitutes a hazard to traffic or an obstacle to snow removal or the movement or passage of emergency equipment. (2) The findings required by subsection (1) of this section shall be made by the department of transportation for the state highway system, by the chairman of the board of county commissioners for county roads, and by the chief executive officer of a municipality for a municipal street system. Such findings shall be based upon a traffic investigation. (3) Such signs shall conform to any and all specifications of the department of transportation adopted pursuant to section 42-4-601. All such signs shall contain a statement that there is no parking allowed on a highway right-of-way so as to obstruct traffic or highway maintenance and that offending vehicles will be towed away. 1204. Stopping, standing, or parking prohibited in specified places. (1) Except as otherwise provided in subsection (4) of this section, no person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or an official traffic control device, in any of the following places: Page 211 of 4167 137 (a) On a sidewalk; (b) Within an intersection; (c) On a crosswalk; (d) Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a different length by signs or markings; (e) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic; (f) On the roadway side of any vehicle stopped or parked at the edge or curb of a street; (g) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; (h) On any railroad tracks; (i) On any controlled-access highway; (j) In the area between roadways of a divided highway, including crossovers; (k) At any other place where official signs prohibit stopping. (2) Except as otherwise provided in subsection (4) of this section, in addition to the restrictions specified in subsection (1) of this section, no person shall stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or an official traffic control device, in any of the following places: (a) Within five feet of a public or private driveway; (b) Within fifteen feet of a fire hydrant; (c) Within twenty feet of a crosswalk at an intersection; (d) Within thirty feet upon the approach to any flashing beacon or signal, stop sign, yield sign, or traffic control signal located at the side of a roadway; (e) Within twenty feet of the driveway entrance to any fire station or, on the side of a street opposite the entrance to any fire station, within seventy-five feet of said entrance when properly signposted; (f) At any other place where official signs prohibit standing. (3) In addition to the restrictions specified in subsections (1) and (2) of this section, no person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device, in any of the following places: (a) Within fifty feet of the nearest rail of a railroad crossing; Page 212 of 4167 138 (b) At any other place where official signs prohibit parking. (4)(a) Subsection (1)(a) of this section does not prohibit a person from parking a bicycle, electrical assisted bicycle, or electric scooter on a sidewalk in accordance with the provisions of section 1412(11)(a) and (11)(b). (b) Subsection (1)(f) of this section does not prohibit persons from parking two or more bicycles, electrical assisted bicycles, or electric scooters abreast in accordance with the provisions of section 1412(11)(d). (c) Subsections (2)(a), (2)(c), and (2)(d) of this section do not apply to a bicycle, electrical assisted bicycle, or electric scooter parked on a sidewalk in accordance with section 1412(11)(a) and (11)(b). (5) No person shall move a vehicle not lawfully under such person’s control into any such prohibited area or away from a curb such distance as is unlawful. (6) This local authority, with respect to highways under its jurisdiction, may place official traffic control devices prohibiting, limiting, or restricting the stopping, standing, or parking of vehicles on any highway where it is determined, upon the basis of a traffic investigation or study, that such stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would unduly interfere with the free movement of traffic thereon. No person shall stop, stand, or park any vehicle in violation of the restrictions indicated by such devices. (7) Any person who violates any provision of this section commits a class B traffic infraction; except that, if a person violates paragraph (b) of subsection (2) of this section and the violation occurs in an unincorporated area of a county, the penalty is fifty dollars. (8) A political subdivision shall not adopt or enforce an ordinance or regulation that prohibits the parking of more than one motorcycle or autocycle within a space served by a single parking meter. 1205. Parking at curb or edge of roadway. (1) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder. (2) Except as otherwise provided by local ordinance, every vehicle stopped or parked upon a one- way roadway shall be so stopped or parked parallel to the curb or edge of the roadway in the direction of authorized traffic movement, with its right-hand wheels within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder or with its left-hand wheels within twelve inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder. (3) Local authorities may by ordinance permit angle parking on any roadway; except that angle parking shall not be permitted on any state highway unless the department of transportation has Page 213 of 4167 139 determined by resolution or order entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. (4) Any person who violates any provision of this section commits a class B traffic infraction. 1206. Unattended motor vehicle - definitions. (1) A person driving or in charge of an unlocked motor vehicle shall not permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, and effectively setting the brake thereon. When the vehicle is standing upon any grade, the person shall turn the front wheels to the curb or side of the highway in such a manner as to prevent the vehicle from rolling onto the traveled way. (2) Any person who violates any provision of this section commits a class B traffic infraction. (3) The use or operation of a remote starter system and adequate security measures is sufficient to comply with subsection (1) of this section. (4) As used in this section: (a) "Adequate security measures" includes, but is not limited to: (I) Using a vehicle that requires a key to put the vehicle into gear and move the vehicle; (II) Keeping a keyless start fob out of proximity of the vehicle; or (III) Employing steering wheel security devices. (b) "Remote starter system" means a device installed in a motor vehicle that allows the engine of the vehicle to be started by remote or radio control. (5) Nothing in this section preempts or otherwise impairs the power of local authorities to enforce or enact ordinances or resolutions concerning time limits on the idling of motor vehicles on or before August 10, 2017. 1207. Opening and closing vehicle doors. No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic; nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. Any person who violates any provision of this section commits a class B traffic infraction. 1208. Reserve parking for persons with disabilities – applicability - rules. (1) Definitions. As used in this section: (a) “Disability” or “disabled” has the same meaning as set forth in section 42-3-204. (b) “Holder” means a person with a disability who has lawfully obtained an identifying plate or placard. Page 214 of 4167 140 (c) “Identifying figure” has the same meaning as set forth in section 42-3-204. (d) “Identifying placard” has the same meaning as set forth in section 42-3-204. (e) “Identifying plate” has the same meaning as set forth in section 42-3-204. (f) “Professional” has the same meaning as set forth in section 42-3-204. (f.5) “Remuneration-exempt identifying placard” has the same meaning as set forth in section 42-3-204. (g) "Reserved parking" means a parking space reserved for a person with a disability. (2) Use of plate or placard. (a) A person with a disability may use reserved parking on public property or private property if the person displays an identifying plate or placard while using reserved parking. (b) When an identifying placard is used for reserved parking, the driver of the parked motor vehicle shall ensure that the front of the identifying placard is legible and visible through the windshield when viewed from outside the vehicle. The driver shall hang the placard from the rear-view mirror unless a rear-view mirror is not available or the individual is physically unable to hang the placard from the rear-view mirror. If the tag is not hung from the rear-view mirror, the driver shall display it on the dashboard. (c) A person with a disability who is a resident of a state other than Colorado may use reserved parking in Colorado if the motor vehicle displays an identifying plate or placard issued by a state other than Colorado, and if: (I) The identifying plate or placard is currently valid in the state of issuance and meets the requirements of 23 CFR 1235; and (II) The holder has not been a resident in Colorado for more than ninety days. (d) A motor vehicle with an identifying plate or a placard may be parked in public parking areas along public streets or in private parking lots regardless of any time limitation imposed upon parking in the area; except that a jurisdiction may specifically limit reserved parking on any public street to no less than four hours. To limit reserved parking, the jurisdiction must clearly post the appropriate time limits in the area. The ability to park notwithstanding parking limitations does not apply to areas in which: (I) Stopping, standing, or parking of all vehicles is prohibited; (II) Only special vehicles may be parked; or (III) Parking is not allowed during specific periods of the day in order to accommodate heavy traffic. (e)(I) The owner of public or private property may request the installation of official signs or pavement markings identifying reserved parking spaces. The request operates as a waiver of any objection the owner may assert concerning enforcement of this section by a peace officer. Page 215 of 4167 141 An officer may enforce this section on private property notwithstanding any provision of law to the contrary. (II)(A) The number and placement of accessible parking spaces should meet or exceed section 1106 of chapter 11 of the 2012 (second printing) version of the international building code, or any succeeding standard, published by the international code council. (B) The technical standards for accessible parking spaces should meet or exceed section 502, or any successor section, of the “Accessible and Useable Buildings and Facilities” standard, or any succeeding standard, promulgated and amended from time to time by the international code council (commonly cited as ICC/ANSI A117.1). (C) Access aisles should post "Wheelchair Access Aisle Absolutely No Parking" sign, which blocks neither the access aisle nor accessible routes. (D) The technical standards for post- or wall-mounted signs indicating accessible parking spaces and van-accessible parking spaces should meet or exceed section 2B.46 concerning parking, standing, and stopping signs and section 2B.47 concerning design of parking, standing, and stopping of the 2009 version of the manual on uniform traffic control devices, or any succeeding standard, published by the United States federal highway administration. (III) The owner of real property with multiple-family dwellings affixed and with reserved parking shall retain the reserved parking as commonly owned for the tenants, owners, or visitors of the individual units within the dwellings. This subparagraph (III) does not prohibit the sale of all commonly owned property so long as the reserved parking is not severed from the other elements. (IV) A person shall not impose restrictions on the use of disabled parking unless specifically authorized by a statute of Colorado and a resolution of or ordinance of a political subdivision of Colorado and notice of the restriction is prominently posted by a sign clearly visible at the parking space. (3) Misuse of reserved parking. (a) A person without a disability shall not park in a parking space on public or private property that is clearly identified by an official sign or by visible pavement markings as being reserved parking or as being a passenger loading zone unless: (I) The person is parking the vehicle for the direct benefit of a person with a disability to enter or exit the vehicle while it is parked in the reserved parking space; and (II) An identifying plate or placard obtained under or authorized by section 42-3-204, is displayed in or on the vehicle if the license plate or placard is currently valid or has expired less than one month before the day the person used the reserved parking. (a.5) A person shall not, while parked in a parking space that requires remuneration, display a remuneration-exempt identifying placard that is not issued to the person. A person who possesses a remuneration-exempt identifying placard shall not allow another person to use the placard to park in a parking space that requires remuneration. Page 216 of 4167 142 (b)(I) A person, after using a reserved parking space that has a time limit, shall not switch motor vehicles or move the motor vehicle to another reserved parking space within one hundred yards of the original parking space within the same eight hours in order to exceed the time limit. (II)(A) Parking in a time-limited reserved parking space for more than three hours for at least three days a week for at least two weeks creates a rebuttable presumption that the person is violating this paragraph (b). (B) This subparagraph (II) does not apply to privately owned parking spaces. (c) A person shall not use reserved parking for a commercial purpose unless: (I) The purpose relates to transacting business with a business the reserved parking is intended to serve; or (II) The owner of private property consents to allow the use. (d)(I) An employee of an entity shall not use an identifying placard issued to the entity unless the employee is transporting persons with disabilities. (II) For a violation of this paragraph (d), the chief operations officer within Colorado of the entity to whom the placard or plate was issued and the offending employee are each subject to the penalties in section 42-4-1701(4)(a)(I)(M). (III)(A) It is an affirmative defense to a violation of this paragraph (d) for the chief operations officer within Colorado that the entity enforces an internal policy controlling access to and use of identifying placards issued to the entity. (B) If the placard used is expired by operation of section 42-3-204(6)(f), it is an affirmative defense to a violation of this paragraph (d) that the person did not know the placard was expired if the person who used the placard was the person to whom it was issued. (e)(I) A person who violates subsection (3)(a) or (3)(a.5) of this section is subject to the penalties in section 42-4-1701(4)(a)(VIII) and (IX). (II) A person who violates paragraphs (b) to (d) of this subsection (3) is subject to the penalties in section 42-4-1701(4)(a)(I)(M). (4) Blocking access. (a) Regardless of whether a person displays an identifying plate or placard, a person shall not park a vehicle so as to block reasonable access to curb ramps, passenger loading zones, or accessible routes, as identified in 28 CFR part 36 appendix A, that are clearly identified unless the person is actively loading or unloading a person with a disability. (b) A person who violates this subsection (4) is subject to the penalties in section 42-4- 1701(4)(a)(VIII). Page 217 of 4167 143 (5) Fraud and trafficking. A person is subject to the penalties in section 42-4-1701(4)(a)(X), if the person: (a) Knowingly and fraudulently obtains, possesses, uses, or transfers an identifying placard issued to a person with a disability; (b) Knowingly makes, possesses, uses, alters, or transfers what purports to be, but is not, an identifying placard; or (c) Knowingly creates or uses a device intended to give the impression that it is an identifying placard when viewed from outside the vehicle. (6) Enforcement of reserved parking. (a) A peace officer or authorized and uniformed parking enforcement official may check the identification of a person using an identifying plate or placard in order to determine whether the use is authorized. (b)(I) A peace officer or authorized and uniformed parking enforcement official may confiscate an identifying placard that is being used in violation of this section. (II) The peace officer or parking enforcement official shall send a confiscated placard to the department unless it is being held as evidence for prosecution of a violation of this section. If the tag is being held as evidence, the peace officer or parking enforcement official shall notify the department of the confiscation and pending charges. (III) The department shall hold a confiscated placard for thirty days and may dispose of the placard after thirty days. The department shall release the placard to the person with a disability to whom it was issued when the person signs a statement under penalty of perjury that he or she was unaware that the violator used, or intended to use, the placard in violation of this section. (c) A peace officer and the department may investigate an allegation that a person is violating this section. (d) A person who observes a violation of this section may submit evidence, including a sworn statement, concerning the violation to any law enforcement agency. (e)(I) A peace officer may issue a penalty assessment notice for a violation of paragraph (b), (c), or (d) of subsection (3) of this section by sending it by certified mail to the registered owner of the motor vehicle. The peace officer shall include in the penalty assessment notice the offense or infraction, the time and place where it occurred, and a statement that the payment of the penalty assessment and a surcharge is due within twenty days after the issuance of the notice. The department receives payment of the penalty assessment by the due date if the payment is received or postmarked by the twentieth day after the vehicle owner received the penalty assessment notice. (II) If the penalty assessment and surcharge are not paid within twenty days after the date the vehicle owner receives the assessment notice specified in subparagraph (I) of this paragraph (e), the peace officer who issued the original penalty assessment notice shall file Page 218 of 4167 144 a complaint with a court having jurisdiction and issue and serve upon the registered owner of the vehicle a summons to appear in court at the time and place specified. (f)(I) The entering court shall send certification of the entry of judgment for each violation of paragraph (b), (c), or (d) of subsection (3) of this section to the department. (II) Upon receipt of certification of an entry of judgment for a violation of paragraph (b), (c), or (d) of subsection (3) of this section, the department shall not register the person's vehicle until all fines imposed for the violations have been paid. (III) Upon receipt of certification or independent verification of an entry of judgment, the department shall revoke an identifying plate or placard as provided in section 42-3- 204(7)(d). (g)(I) Notwithstanding any other provision of this section to the contrary, a holder is liable for any penalty or fine as set forth in this section or section 42-3-204, or for any misuse of an identifying plate or placard, including the use of such plate or placard by any person other than a holder, unless the holder furnishes sufficient evidence that the identifying plate or placard was, at the time of the violation, in the care, custody, or control of another person without the holder's knowledge or consent. (II) A holder may avoid the liability described in subparagraph (I) of this paragraph (g) if, within a reasonable time after notification of the violation, the holder furnishes to the prosecutorial division of the appropriate jurisdiction the name and address of the person who had the care, custody, or control of the identifying plate or placard at the time of the violation or the holder reports the license plate or placard lost or stolen to both the appropriate local law enforcement agency and the department. (h) An employer shall not forbid an employee from reporting violations of this section. A person shall not initiate or administer any disciplinary action against an employee because the employee notified the authorities of a possible violation of this section if the employee has a good-faith belief that a violation has occurred. (i) A landlord shall not retaliate against a tenant because the tenant notified the authorities of a possible violation of this section if the tenant has a good-faith belief that a violation has occurred. (j) In order to stop a vehicle from blocking access or illegally using reserved parking, a peace officer may order a vehicle that is used to violate subsection (4) of this section to be towed to an impound lot or a vehicle storage location. The peace officer shall verify that the vehicle has not been stolen and report the tow to the department of revenue in accordance with section 42-4-1804. (k) The local authority issuing a citation under this section, or under any local ordinance defining a substantially equivalent offense, shall transfer one-half of the fine to the state treasurer, who shall credit the fine to the disabled parking education and enforcement fund created in section 42-1-226. Page 219 of 4167 145 1209. Owner liability for parking violations. In addition to any other liability provided for in this Code, the owner of a motor vehicle who is engaged in the business of leasing or renting motor vehicles is liable for payment of a parking violation fine unless the owner of the leased or rented motor vehicle can furnish sufficient evidence that the vehicle was, at the time of the parking violation, in the care, custody, or control of another person. To avoid liability for payment the owner of the motor vehicle is required, within a reasonable time after notification of the parking violation, to furnish to the prosecutorial division of the appropriate jurisdiction the name and address of the person or company who leased, rented, or otherwise had the care, custody, or control of such vehicle. As a condition to avoid liability for payment of a parking violation, any person or company who leases or rents motor vehicles to another person shall attach to the leasing or rental agreement a notice stating that, pursuant to the requirements of this section, the operator of the vehicle is liable for payment of a parking violation fine incurred when the operator has the care, custody, or control of the motor vehicle. The notice shall inform the operator that the operator’s name and address shall be furnished to the prosecutorial division of the appropriate jurisdiction when a parking violation fine is incurred by the operator. 1210. Designated areas on private property for authorized vehicles. (1) The owner or lessee of any private property available for public use in the unincorporated areas of a county may request in writing that specified areas on such property be designated by the board of county commissioners for use only by authorized vehicles and that said areas, upon acceptance in writing by the board of county commissioners, shall be clearly marked by the owner or lessee with official traffic control devices, as defined in section 42-1-102(64). Such a request shall be a waiver of any objection the owner or lessee may assert concerning enforcement of this section by peace officers of this state, and such officers are hereby authorized and empowered to so enforce this section, provisions of law to the contrary notwithstanding. When the owner or lessee gives written notice to the board of county commissioners that said request is withdrawn, and the owner or lessee removes all traffic control devices, the provisions of this section shall no longer be applicable. (2) It is unlawful for any person to park any vehicle other than an authorized vehicle in any area designated and marked for such use as provided in this section. (3) Any person who violates the provisions of subsection (2) of this section commits a class A traffic infraction. The disposition of fines and forfeitures shall be paid into the treasury of the county at such times and in such manner as may be prescribed by the board of county commissioners. 1211. Limitations on backing. (1)(a) The driver of a vehicle, whether on public property or private property which is used by the general public for parking purposes, shall not back the same unless such movement can be made with safety and without interfering with other traffic. (b) The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled-access highway. Page 220 of 4167 146 (2) Any person who violates any provision of this section commits a class A traffic infraction. 1212. Pay parking access for disabled. (1) A person who owns, operates, or manages a parking space that requires remuneration shall not tow, boot, or otherwise take adverse action against an individual or motor vehicle parking in the space for failure to pay the remuneration if the motor vehicle bears a remuneration-exempt identifying placard issued pursuant to section 42-3-204. (2) Notwithstanding any statute, resolution, or ordinance of the state of Colorado, a political subdivision of Colorado, or a governing board of a state institution of higher education, parking in a space without paying the required remuneration is not a violation of the statute, resolution, or ordinance if the conditions specified in subsection (1) of this section are met. (3) A law or parking enforcement agency shall withdraw any penalty assessment notice or summons and complaint that is deemed not to be a violation under subsection (2) of this section within five business days after being shown proof that the individual cited has a valid remuneration-exempt identifying placard. 1213. Parking in electric motor vehicle charging stations. (1)(a) For the purposes of this section, “official sign” means a sign identifying a parking space for electric motor vehicle charging that cites this section or the equivalent local ordinance and that clearly displays the penalties for violating this section or the equivalent local ordinance. (b) The owner of public or private property may install official signs that identify a parking space as a dedicated charging station. The installation operates as a waiver of any objection the owner may assert concerning enforcement of this section by a peace officer. A peace officer may enforce this section on private property. (2)(a) A person shall not park a motor vehicle within a parking space designated for charging a plug-in electric motor vehicle unless the motor vehicle is a plug-in electric motor vehicle. (b) Except as provided in subsection (3) of this section, a person shall not park a plug-in electric motor vehicle in a parking space with a dedicated charging connector for the parking space unless the person is parked in the charging station for the purpose of charging the plug- in electric motor vehicle. (c) A plug-in electric motor vehicle is rebuttably presumed to not be charging if the motor vehicle is: (I) Parked in a charging station parking space with a dedicated charging connector for the space; and (II) Not continuously and electrically connected to the charger for longer than thirty minutes. (3)(a) A person may park a plug-in electric motor vehicle at a charging after the motor vehicle is fully charged in a parking lot: Page 221 of 4167 147 (I) That serves a lodging business if the person is a client of the lodging business and has parked the plug-in electric motor vehicle in the lot to charge overnight; (II) That serves an airport if the person is a client of the airport and has parked the plug-in electric motor vehicle in the lot to charge when traveling; or (III) Between the hours of 11 p.m. and 5 a.m. (b) The exception in subsection (3)(a) of this section is an affirmative defense to a violation of subsection (2) of this section. (4) A person who violates this section commits a class B traffic infraction. Page 222 of 4167 148 Part 13 Alcohol And Drug Offenses (Omitted) Page 223 of 4167 149 Part 14 Other Offenses 1401. Reckless driving – penalty. (1) A person who drives a motor vehicle, bicycle, electrical assisted bicycle, electric scooter, or low-power scooter in such a matter as to indicate either a wanton or a willful disregard for the safety of the persons or property is guilty of reckless driving. A person convicted of reckless driving of a bicycle, electrical assisted bicycle, or electric scooter is not subject to section 42-4- 127. 1402. Careless driving – penalty. (1) A person who drives a motor vehicle, bicycle, electr0069cal assisted bicycle, electric scooter, or low-power scooter in a careless and imprudent matter, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving. A person convicted of careless driving of a bicycle, electrical assisted bicycle, or electric scooter is not subject to section 42-2-127. (2)(a) Except as otherwise provided in paragraphs (b) and (c) of this subsection (2), any person who violates any provision of this section commits a class 2 misdemeanor traffic offense. (b) If the person's actions are the proximate cause of bodily injury to another, such person commits a class 1 misdemeanor traffic offense. (c) If the person's actions are the proximate cause of death to another, such person commits a class 1 misdemeanor traffic offense. 1402.5 Vulnerable road user – prohibition – violations and penalties – definition. 1) Definition. As used in this section, unless the context otherwise requires, “vulnerable road user” means: (a) A pedestrian; (b) A person engaged in work upon a roadway or upon utility facilities along a roadway; (c) A person providing emergency services within a right-of-way; (d) A peace officer who is outside a motor vehicle and performing the peace officer's duties in a right-of-way; (e) A person riding or leading an animal; or (f) A person lawfully using any of the following on a public right-of-way, crosswalk, or shoulder of the roadway: (I) A bicycle, electrical assisted bicycle, tricycle, or other pedal-powered vehicle; (II) A farm tractor or similar vehicle designed primarily for farm use; Page 224 of 4167 150 (III) A skateboard; (IV) Roller skates; (V) In-line skates; (VI) A scooter; (VII) A moped; (VIII) A motorcycle; (IX) An off-highway vehicle; (X) An animal-drawn, wheeled vehicle; (XI) Farm equipment; (XII) A sled; (XIII) An electric personal assistive mobility device; (XIV) A wheelchair; (XV) A baby stroller; (XVI) A nonmotorized pull wagon; or (XVII) An autocycle. (2) Prohibition. A person who drives a motor vehicle in violation of section 1402 and whose actions are the proximate cause of serious bodily injury, as defined in section 1601(4)(b), to a vulnerable road user commits infliction of serious bodily injury to a vulnerable road user. (3) Violations and penalties. (a) Infliction of serious bodily injury to a vulnerable road user is a class 1 traffic misdemeanor. (b) In addition to the penalties imposed in subsections (3)(a) and (3)(c) of this section, the court may order the violator to: (I) Attend a driver improvement course in accordance with section 1717; and (II) Perform useful public service for a number of hours, which must not exceed three hundred twenty hours, to be determined by the court in accordance with section 18-1.3-507. (c) In addition to the penalties imposed in subsections (3)(a) and (3)(b) of this section, a person who is convicted of violating this section is subject to: (I) License suspension in accordance with section 42-2-127; and (II) An order of restitution under part 6 of article 1.3 of title 18. Page 225 of 4167 151 1403. Following fire apparatus prohibited. The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm. Any person who violates any provision of this section commits a class A traffic infraction. 1404. Crossing fire hose. No vehicle shall be driven over any unprotected hose of a fire department used at any fire, alarm of fire, or practice runs or laid down on any street, private driveway, or highway without the consent of the fire department official in command. Any person who violates any provision of this section commits a class B traffic infraction. 1405. Riding in trailers. No person shall occupy a trailer while it is being moved upon a public highway. Any person who violates any provision of this section commits a class B traffic infraction. 1406. Foreign matter on highway prohibited. (1)(a) No person shall throw or deposit upon or along any highway any glass bottle, glass, stones, nails, tacks, wire, cans, container of human waste, or other substance likely to injure any person, animal, or vehicle upon or along such highway. (b) No person shall throw, drop, or otherwise expel a lighted cigarette, cigar, match, or other burning material from a motor vehicle upon any highway. (2) Any person who drops, or permits to be dropped or thrown, upon any highway or structure any destructive or injurious material or lighted or burning substance shall immediately remove the same or cause it to be removed. (3) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle. (4) No person shall excavate a ditch or other aqueduct, or construct any flume or pipeline or any steam, electric, or other railway, or construct any approach to a public highway without written consent of the authority responsible for the maintenance of that highway. (5)(a) Except as provided in paragraph (b) of this subsection (5), any person who violates any provision of this section commits a class B traffic infraction. (b)(I) Any person who violates subsection (1)(b) of this section commits a petty offense and shall be punished as provided in section 18-1.3-501. (II) Any person who violates paragraph (a) of subsection (1) of this section by throwing or depositing a container of human waste upon or along any highway shall be punished by a fine of five hundred dollars in lieu of the penalty and surcharge prescribed in section 1701(4)(a)(I)(N). Page 226 of 4167 152 (6) As used in this section: (a) “Container” includes, but is not limited to, a bottle, a can, a box, or a diaper. (b) “Human waste” means urine or feces produced by a human. 1407. Spilling loads on highways prohibited - prevention of spilling of aggregate, trash, or recyclables. (1) No vehicle shall be driven or moved on any highway unless such vehicle is constructed or loaded or the load thereof securely covered to prevent any of its load from blowing, dropping, sifting, leaking, or otherwise escaping therefrom; except that material may be dropped for the purpose of securing traction or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway. (2) (Deleted by amendment, L. 99, p. 295, §1, effective July 1, 1999.) (2.4)(a) A vehicle shall not be driven or moved on a highway if the vehicle is transporting trash or recyclables unless at least one of the following conditions is met: (I) The load is covered by a tarp or other cover in a manner that prevents the load from blowing, dropping, shifting, leaking, or otherwise escaping from the vehicle; (II) The vehicle utilizes other technology that prevents the load from blowing, dropping, shifting, leaking, or otherwise escaping from the vehicle; (III) The load is required to be secured under and complies with 49 CFR parts 392 and 393; or (IV) The vehicle is loaded in such a manner or the load itself has physical characteristics such that the contents will not escape from the vehicle. Such a load may include, but is not limited to, heavy scrap metal or hydraulically compressed scrap recyclables. (b) Paragraph (a) of this subsection (2.4) shall not apply to a motor vehicle in the process of collecting trash or recyclables within a one mile radius of the motor vehicle’s last collection point. (2.5)(a) No vehicle shall be driven or moved on any highway for a distance of more than two miles if the vehicle is transporting aggregate material with a diameter of one inch or less unless: (I) The load is covered by a tarp or other cover in a manner that prevents the aggregate material from blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle; or (II) The vehicle utilizes other technology that prevents the aggregate material from blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle. (b) Nothing in this subsection (2.5) shall apply to a vehicle: (I) Operating entirely within a marked construction zone; (II) Involved in maintenance of public roads during snow or ice removal operations; or Page 227 of 4167 153 (III) Involved in emergency operations when requested by a law enforcement agency or an emergency response authority designated in or pursuant to section 29-22-102. (2.7) For the purposes of this section: (a) “Aggregate material” means any rock, clay, silts, gravel, limestone, dimension stone, marble, and shale; except that “aggregate material” does not include hot asphalt, including asphalt patching material, wet concrete, or other materials not susceptible to blowing. (b) “Recyclables” means material or objects that can be reused, reprocessed, remanufactured, reclaimed, or recycled. (c) “Trash” means material or objects that have been or are in the process of being discarded or transported. (3)(a) Except as otherwise provided in paragraph (b) or (c) of this subsection (3), any person who violates any provision of this section commits a class B traffic infraction. (b) Any person who violates any provision of this section while driving or moving a car or pickup truck without causing bodily injury to another person commits a class A traffic infraction. (c) Any person who violates any provision of this section while driving or moving a car or pickup truck and thereby proximately causes bodily injury to another person commits a class 2 misdemeanor traffic offense. 1407.5. Splash guards - when required. (1) As used in this section, unless the context otherwise requires: (a) “Splash guards” means mud flaps, rubber, plastic or fabric aprons, or other devices directly behind the rear-most wheels, designed to minimize the spray of water and other substances to the rear. (b) “Splash guards” must, at a minimum, be wide enough to cover the full tread of the tire or tires being protected, hang perpendicular from the vehicle not more than ten inches above the surface of the street or highway when the vehicle is empty, and generally maintain their perpendicular relationship under normal driving conditions. (2) Except as otherwise permitted in this section, no vehicle or motor vehicle shall be driven or moved on any street or highway unless the vehicle or motor vehicle is equipped with splash guards. However, vehicles and motor vehicles with splash guards that violate this section shall be allowed to remain in service for the time necessary to continue to a place where the deficient splash guards will be replaced. Such replacement shall occur at the first reasonable opportunity. (3) This section does not apply to: (a) Passenger-carrying motor vehicles registered pursuant to section 42-3-306(2); Page 228 of 4167 154 (b) Trucks and truck tractors registered pursuant to section 42-3-306(4) or (5), having an empty weight of ten thousand pounds or less; (c) Trailers equipped with fenders or utility pole trailers; (d) Vehicles while involved in chip and seal or paving operations or road widening equipment; (e) Truck tractors or converter dollies when used in combination with other vehicles; (f) Vehicles drawn by animals; or (g) Bicycles, electrical assisted bicycles, or electric scooters. (4) Any person who violates any provision of this section commits a class B traffic infraction. 1408. Operation of motor vehicles on property under control of or owned by parks and recreation districts. (1) Any metropolitan recreation district, any park and recreation district organized pursuant to Code 1 of title 32, or any recreation district organized pursuant to the provisions of part 7 of Code 20 of title 30, referred to in this section as a “district”, shall have the authority to designate areas on property owned or controlled by the district in which the operation of motor vehicles shall be prohibited. Areas in which it shall be prohibited to operate motor vehicles shall be clearly posted by a district. (2) It is unlawful for any person to operate a motor vehicle in an area owned or under the control of a district if the district has declared the operation of motor vehicles to be prohibited in such area, as provided in subsection (1) of this section. (3) Any person who violates any provision of this section commits a class B traffic infraction. 1409. Compulsory insurance - penalty - legislative intent. (1) No owner of a motor vehicle or low-power scooter required to be registered in this state shall operate the vehicle or permit it to be operated on the public highways of this state when the owner has failed to have a complying policy or certificate of self-insurance in full force and effect as required by law. (2) No person shall operate a motor vehicle or low-power scooter on the public highways of this state without a complying policy or certificate of self-insurance in full force and effect as required by law. (3)(a) When an accident occurs, or when requested to do so following any lawful traffic contact or during any traffic investigation by a peace officer, an owner or operator of a motor vehicle or low- power scooter shall present to the requesting officer immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by law. (b) As used in this section, “evidence of a complying policy or certificate of self-insurance in full force and effect” includes the presentation of such a policy or certificate upon a cell phone or other electronic device. Page 229 of 4167 155 (4)(a) Any person who violates the provisions of subsection (1), (2), or (3) of this section commits a class 1 misdemeanor traffic offense. The minimum fine imposed by section 42-4-1701(3)(a)(II)(A), shall be mandatory, and the defendant shall be punished by a minimum mandatory fine of not less than five hundred dollars. The court may suspend up to one half of the fine upon a showing that appropriate insurance as required pursuant to section 10-4-619 or 10-4-624, has been obtained. Nothing in this paragraph (a) shall be construed to prevent the court from imposing a fine greater than the minimum mandatory fine. (b) Upon a second or subsequent conviction under this section within a period of five years following a prior conviction under this section, in addition to any imprisonment imposed pursuant to section 42-4-1701(3)(a)(II)(A), the defendant shall be punished by a minimum mandatory fine of not less than one thousand dollars, and the court shall not suspend such minimum fine. The court or the court collections’ investigator may establish a payment schedule for a person convicted of the provisions of subsection (1), (2), or (3) of this section, and the provisions of section 16-11-101.6, shall apply. The court may suspend up to one half of the fine upon a showing that appropriate insurance as required pursuant to section 10-4-619 or 10-4-624, has been obtained. (c) In addition to the penalties prescribed in paragraphs (a) and (b) of this subsection (4), any person convicted pursuant to this section may, at the discretion of the court, be sentenced to perform not less than forty hours of community service, subject to the provisions of section 18-1.3-507. (5) Testimony of the failure of any owner or operator of a motor vehicle or low-power scooter to present immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by law, when requested to do so by a peace officer, shall constitute prima facie evidence, at a trial concerning a violation charged under subsection (1) or (2) of this section, that such owner or operator of a motor vehicle violated subsection (1) or (2) of this section. (6) A person charged with violating subsection (1), (2), or (3) of this section shall not be convicted if the person produces in court a bona fide complying policy or certificate of self-insurance that was in full force and effect as required by law at the time of the alleged violation. The court clerk’s office may dismiss the charge if it verifies that the person had a valid policy in effect at the time of the alleged violation using the uninsured motorist identification database created in section 42-7-602. (7) Repealed. (8) (Deleted by amendment, L. 2003, p. 2648, § 7, effective July 1, 2003.) (8.5) If an operator of a motor vehicle or low-power scooter uses a cell phone or other electronic device to present evidence of a complying policy or certificate of self-insurance in full force and effect, as described in paragraph (b) of subsection (3) of this section: (a) The law enforcement officer to whom the operator presents the device shall not explore the contents of the cell phone or other electronic device other than to examine the operator's policy or certificate of self-insurance; and Page 230 of 4167 156 (b) The law enforcement officer to whom the operator presents the device and any law enforcement agency that employs the officer are immune from any civil damages resulting from the officer dropping or otherwise unintentionally damaging the cell phone or other electronic device. (9) It is the intent of the general assembly that the money collected as fines imposed pursuant subsections (4)(a) and (4)(b) of this section are to be used for the supervision of the public highways. The general assembly determines that law enforcement agencies that patrol and maintain the public safety on public highways are supervising the public highways. The general assembly further determines that an authorized agent is supervising the public highways through his or her enforcement of the requirements for demonstration of proof of motor vehicle insurance pursuant to section 42-3-105(1)(d). Therefore, of the money collected from fines pursuant to subsections (4)(a) and (4)(b) of this section, fifty percent shall be transferred to the law enforcement agency that issued the ticket for a violation of this section. The remaining fifty percent of the money collected from fines for violations subsection (4)(a) or (4)(b) of this section shall be transmitted to the authorized agent for the county in which the violation occurred. 1410.5 Providing false evidence of proof of motor vehicle insurance – penalty. (1) It is unlawful for any person to offer, use, or attempt to offer or use any means, manner, type of paper, document, card, digital image, or any other proof of motor vehicle liability insurance required by state law to a law enforcement officer, judge, magistrate, prosecutor, or employee of a court clerk’s office with the intent to mislead that official regarding the status or any motor vehicle liability insurance policy in the course of an official investigation, or for purposes of dismissing any charge under section 1409 or reducing any penalty imposed under section 1409, where such means, manner, type, or kind of proof of insurance offered or used, or that is attempted to be offered or used, is known or should be known by the person to be false, fraudulent, or incorrect in any material manner or way, or which is known or should be known by the person to be altered, forged, defaced, or changed in any material respect, unless such changes are required or authorized by law. (2) Violation of this section is a class B traffic infraction, punishable by a fine of up to five hundred dollars. (3) A person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of this section shall be deemed, but only for purposes of section 18-1-408. to have been convicted of a criminal offense. 1411. Use of earphones while driving. (1)(a) No person shall operate a motor vehicle while wearing earphones. (b) For purposes of this subsection (1), “earphones” includes any headset, radio, tape player, or other similar device which provides the listener with radio programs, music, or other recorded information through a device attached to the head and which covers all of or a portion of the ears. “Earphones” does not include speakers or other listening devices that are built into protective headgear or a device or portion of a device that only covers all or a portion of one ear and that is connected to a wireless, handheld telephone. Page 231 of 4167 157 (2) Any person who violates this section commits a class B traffic infraction. (3) Nothing in this section authorizes the holder of a commercial driver's license issued pursuant to part 4 of article 2 of this title to act in violation of any federal law or regulation relating to driving a commercial vehicle. 1412. Operation of bicycles and other human-powered vehicles. (1) A person riding a bicycle, or electrical assisted bicycle, or electric scooter has all of the rights and duties applicable to the driver of any other vehicle under this article 4, except as to special regulations in this article 4, except as provided in section 1412.5, and except as to those provisions that by their nature can have no application. Said bicycle, electrical assisted bicycle, or electric scooter riders shall comply with the rules set forth in this section and section 221, and, when using streets and highways within incorporated cities and towns, are subject to local ordinances regulating the operation of bicycles, electrical assisted bicycles, and electric scooters as provided in section 111. Notwithstanding any contrary provision in this article 4, when a county or municipality has adopted an ordinance or resolution that regulates the operation of bicycles, electrical assisted bicycles, and electric scooters at controlled intersections, as defined in section 1412.5(4)(a), and that does not conflict with section 1412.5, riders are subject to the local ordinance or resolution. (2) It is the intent of the general assembly that nothing contained in House Bill No. 1246, enacted at the second regular session of the fifty-sixth general assembly, shall in any way be construed to modify or increase the duty of the department of transportation or any political subdivision to sign or maintain highways or sidewalks or to affect or increase the liability of the state of Colorado or any political subdivision under the “Colorado Governmental Immunity Act”, Code 10 of title 24. (3) A bicycle, electrical assisted bicycle, or electric scooter shall not be used to carry more persons at one time than the number for which it is designed or equipped. (4) A person riding upon a bicycle, electrical assisted bicycle, or electric scooter shall not attach the vehicle or the rider to any motor vehicle upon a roadway. (5)(a) Any person operating a bicycle or an electrical assisted bicycle upon a roadway at less than the normal speed of traffic shall ride in the right-hand lane, subject to the following conditions: (I) If the right-hand lane then available for traffic is wide enough to be safely shared with overtaking vehicles, a bicyclist shall ride far enough to the right as judged safe by the bicyclist to facilitate the movement of such overtaking vehicles unless other conditions make it unsafe to do so. (II) A bicyclist may use a lane other than the right-hand lane when: (A) Preparing for a left turn at an intersection or into a private roadway or driveway; (B) Overtaking a slower vehicle; or (C) Taking reasonably necessary precautions to avoid hazards or road conditions. Page 232 of 4167 158 (III) Upon approaching an intersection where right turns are permitted and there is a dedicated right-turn lane, a bicyclist may ride on the left-hand portion of the dedicated right-turn lane even if the bicyclist does not intend to turn right. (b) A bicyclist shall not be expected or required to: (I) Ride over or through hazards at the edge of a roadway, including but not limited to fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or narrow lanes; or (II) Ride without a reasonable safety margin on the right-hand side of the roadway. (c) A person operating a bicycle, electrical assisted bicycle, or electric scooter upon a one-way roadway with two or more marked traffic lanes may ride as near to the left-hand curb or edge of the roadway as judged safe by the bicyclist, subject to the following conditions: (I) If the left-hand lane then available for traffic is wide enough to be safely shared with overtaking vehicles, a bicyclist shall ride far enough to the left as judged safe by the bicyclist to facilitate the movement of such overtaking vehicles unless other conditions make it unsafe to do so. (II) A bicyclist shall not be expected or required to: (A) Ride over or through hazards at the edge of a roadway, including but not limited to fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or narrow lanes; or (B) Ride without a reasonable safety margin on the left-hand side of the roadway. (6)(a) Persons riding bicycles, electrical assisted bicycles, or electric scooter upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. (b) Persons riding bicycles, electrical assisted bicycles, or electric scooters two abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane. (7) A person operating a bicycle, electrical assisted bicycle, or electric scooter shall keep at least one hand on the handlebars at all times. (8)(a) A person riding a bicycle, electrical assisted bicycle, or electric scooter intending to turn left shall follow a course described in sections 901(1), 903, and 1007 or may make a left turn in the manner prescribed in paragraph (b) of this subsection (8). (b) A person riding a bicycle, electrical assisted bicycle, or electric scooter intending to turn left shall approach the turn as closely as practicable to the right-hand curb or edge of the roadway. After proceeding across the intersecting roadway to the far corner of the curb or intersection of the roadway edges, the rider shall stop, as much as practicable, out of the way of traffic. After stopping, the rider shall yield to any traffic proceeding in either direction along the roadway that the rider had been using. After yielding and complying with any Page 233 of 4167 159 official traffic control device or police officer regulating traffic on the highway along which the rider intends to proceed, the bicyclist may proceed in the new direction. (c) Notwithstanding the provisions of paragraphs (a) and (b) of this subsection (8), the transportation commission and local authorities in their respective jurisdictions may cause official traffic control devices to be placed on roadways and thereby require and direct that a specific course be traveled. (9)(a) Except as otherwise provided in this subsection (9), every person riding a bicycle, electrical assisted bicycle, or electric scooter shall signal the intention to turn or stop in accordance with section 903; except that a person riding a bicycle, electrical assisted bicycle, or electric scooter may signal a right turn with the right arm extended horizontally. (b) A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the bicycle, electrical assisted bicycle, or electric scooter before turning and shall be given while the bicycle, electrical assisted bicycle, or electric scooter is stopped waiting to turn. A signal by hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle. electrical assisted bicycle, or electric scooter. (10)(a) A person riding a bicycle, electrical assisted bicycle, or electric scooter upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing the pedestrian. A person riding a bicycle, electrical assisted bicycle, or electric scooter in a crosswalk shall do so in a manner that is safe for pedestrians. (b) A person shall not ride a bicycle, electrical assisted bicycle, or electric scooter upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk where the use of bicycles, electrical assisted bicycles, electric scooters is prohibited by official traffic control devices or local ordinances. A person riding a bicycle, electrical assisted bicycle, or electric scooter shall dismount before entering any crosswalk where required by official traffic control devices or local ordinances. (c) A person riding or walking a bicycle, electrical assisted bicycle, or electric scooter upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk has all the rights and duties applicable to a pedestrian under the same circumstances, including the rights and duties granted and required by section 802. (d) (Deleted by amendment, L. 2005, p. 1353, § 1, effective July 1, 2005.) (11)(a) A person may park a bicycle, electrical assisted bicycle, or electric scooter on a sidewalk unless prohibited or restricted by an official traffic control device or local ordinance. (b) A bicycle, electrical assisted bicycle, or electric scooter parked on a sidewalk must not impede the normal and reasonable movement of pedestrian or other traffic. (c) A bicycle, electrical assisted bicycle, or electric scooter may be parked on the road at any angle to the curb or edge of the road at any location where parking is allowed. Page 234 of 4167 160 (d) A bicycle, electrical assisted bicycle, or electric scooter may be parked on the road abreast of one or more bicycles or electric scooters near the side of the road or any location where parking is allowed in such a manner as does not impede the normal and reasonable movement of traffic. (e) In all other respects, bicycles, electrical assisted bicycles, or electrical scooters parked anywhere on a highway must conform to the provisions of part 12 of this article 4 regulating the parking of vehicles. (12)(a) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense; except that 42-2-127, shall not apply. (b) Any person riding a bicycle, electrical assisted bicycle, or electric scooter who violates any provision of this Code other than this section that is applicable to such a vehicle and for which a penalty is specified, the person is subject to the same specified penalty as any other vehicle; except that 42-2-127, does not apply. (13) Upon request, the law enforcement agency having jurisdiction shall complete a report concerning an injury or death incident that involves a bicycle, electrical assisted bicycle, or electric scooter on the roadways of the state, even if the accident does not involve a motor vehicle. (14)(a)(I) A person may ride a class 1 or class 2 electrical assisted bicycle on a bike or pedestrian path where bicycles are authorized to travel. (II) A local authority may prohibit the operation of a class 1 or class 2 electrical assisted bicycle on a bike or a pedestrian path under its jurisdiction. (b) A person shall not ride a class 3 electrical assisted bicycle on a bike or pedestrian path unless: (I) The path is within a street or highway; or (II) The local authority permits the operation of a class 3 electrical assisted bicycle on a path under its jurisdiction. (15)(a) A person under sixteen years of age shall not ride a class 3 electrical assisted bicycle upon any street, highway, or bike or pedestrian path; except that a person under sixteen years of age may ride as a passenger on a class 3 electrical assisted bicycle that is designed to accommodate passengers. (b) A person shall not operate or ride as a passenger on a class 3 electrical assisted bicycle unless: (I) Each person under eighteen years of age is wearing a protective helmet of a type and design manufactured for use by operators of bicycles; (II) The protective helmet conforms to the design and specifications set forth by the United States consumer product safety commission or the American Society for Testing and Materials; and Page 235 of 4167 161 (III) The protective helmet is secured properly on the person’s head with a chin strap while the class 3 electrical assisted bicycle is in motion. (c) A violation of subsection (15)(b) of this section does not constitute negligence or negligence per se in the context of any civil personal injury claim or lawsuit seeking damages. 1412.5. Statewide regulation of certain persons approaching intersections who are not operating motor vehicles – status of existing local ordinance or resolution – legislative declaration - definitions. (1) The general assembly hereby finds and declares that: (a) The regulation of persons approaching controlled intersections is a matter of mixed state and local concern; and (b) It is necessary, appropriate, and in the best interest of the state to reduce injuries, fatalities, and property damage resulting from collisions at controlled intersections between motor vehicles and persons who are not operating motor vehicles by allowing most persons approaching controlled intersections who are fifteen years of age or older or who are under fifteen years of age and accompanied by an adult and who are not operating motor vehicles to approach controlled intersections in the manner set forth in this section. (2)(a)(I) A pedestrian or a person who is fifteen years of age or older or who is under fifteen years of age and accompanied by an adult and who is operating a low-speed conveyance and approaching a controlled intersection with a stop sign shall slow down and, if required for safety, stop before entering the intersection. If a stop is not required for safety, the pedestrian or person operating a low-speed conveyance shall slow to a reasonable speed and yield the right-of-way to any traffic or pedestrian in or approaching the intersection. After the pedestrian or person operating a low-speed conveyance has slowed to a reasonable speed and yielded the right-of-way if required, the pedestrian or person operating a low-speed conveyance may cautiously make a turn or proceed through the intersection without stopping. (II) For purposes of this subsection (2)(a), a reasonable speed is ten miles per hour or less. A municipality, by ordinance, or a county, by resolution, may raise the maximum reasonable speed to twenty miles per hour if the municipality or county also posts signs at the intersection stating that higher speed limitation. (b) A person who is fifteen years of age or older or who is under fifteen years of age and is accompanied by an adult and who is operating a low-speed conveyance and approaching a controlled intersection with an illuminated red traffic control signal shall stop before entering the intersection and shall yield to all other traffic and pedestrians. Once the person operating a lowspeed conveyance has yielded, the person operating a low-speed conveyance may cautiously proceed in the same direction through the intersection or make a right-hand turn. When a red traffic control signal is illuminated, a person operating a lowspeed conveyance shall not proceed through the intersection or turn right if an oncoming vehicle is turning or preparing to turn left in front of the person operating a low-speed conveyance. (c) A person who is fifteen years of age or older or who is under fifteen years of age and is accompanied by an adult and who is operating a low-speed conveyance approaching an Page 236 of 4167 162 intersection of a roadway with an illuminated red traffic control signal may make a left-hand turn only if turning onto a one-way street and only after stopping and yielding to other traffic and pedestrians. However, a person operating a low-speed conveyance shall not turn left if an oncoming vehicle is turning or preparing to turn right. (d) Notwithstanding any other provision of this subsection (2), if a county or municipality has placed a traffic sign or a traffic control signal at a controlled intersection and the traffic sign or traffic control signal provides instructions only to one or more specified types of low-speed conveyances, the operator of a low-speed conveyance to which the traffic sign or traffic control signal is directed shall obey the instructions provided by the sign or traffic control signal. (e) If a county or municipality adopted a valid ordinance or resolution that regulates bicycles or electrical assisted bicycles substantially as described in subsections (2)(a.5), (2)(b.5), and (2)(c.5) of this section prior to May 3, 2018, that ordinance or resolution remains valid to the extent that it applies to the operation of bicycles or electrical assisted bicycles by persons who are under fifteen years of age and who are not accompanied by an adult. (2.5) This section supersedes any conflicting ordinance that a municipality, county, or city and county adopts, but nothing in this section affects the validity of any ordinance or resolution adopted by a municipality, county, or city and county that regulates the conduct of persons approaching controlled intersections and does not conflict with this section. (3) This section does not diminish or alter the authority of the department of transportation or the state transportation commission, as those entities are defined in section 43-1-102, regarding the department's or commission's authority to regulate motor vehicle traffic on any portion of the state highway system as defined in section 43-2-101(1). (3.5) This section does not create any right for a pedestrian or the operator of a low-speed conveyance to travel on any portion of a roadway where travel is otherwise prohibited by state law or by an ordinance or resolution adopted by a municipality, county, or city and county. (4) As used in this section: (a) “Controlled intersection” means an intersection of a roadway that is controlled by either a stop sign or a traffic control signal. (b) “Low-speed conveyance” means: (I) A vehicle, as defined in section 42-1-102(112), that is not a motor vehicle, as defined in section 42-1-102(58), a low-power scooter as defined in section 42-1-102(48.5), or a low- speed electric vehicle, as defined in section 42-1-102(48.6); (II) A toy vehicle, as defined in section 42-1-102(103.5), that is exclusively human-powered; or (III) An electric personal assistance mobility device or EPAMD, as defined in section 42-1- 102(28.7), or a device that would be an electric personal assistance mobility device or EPAMD but for the fact that it has fewer or more than two wheels or has tandem wheels. Page 237 of 4167 163 1413. Eluding or attempting to elude a police officer. Any operator of a motor vehicle who the officer has reasonable grounds to believe has violated a state law or municipal ordinance, who has received a visual or audible signal such as a red light or a siren from a police officer driving a marked vehicle showing the same to be an official police, sheriff, or Colorado state patrol car directing the operator to bring the operator's vehicle to a stop, and who willfully increases his or her speed or extinguishes his or her lights in an attempt to elude such police officer, or willfully attempts in any other manner to elude the police officer, or does elude such police officer commits a class 2 misdemeanor traffic offense. 1414. Use of dyed fuel on highways prohibited. (1) No person shall operate a motor vehicle upon any highway of the state using diesel fuel dyed to show that no taxes have been collected on the fuel. (2)(a) Any person who violates subsection (1) of this section commits a class B traffic infraction. (b) Any person who commits a second violation of subsection (1) of this section within a twelve-month period shall be subject to an increased penalty pursuant to section 42-4- 1701(4)(a)(I)(N). (c) Any person who commits a third or subsequent violation of subsection (1) of this section within a twelve-month period shall be subject to an increased penalty pursuant to section 42- 4- 1701(4)(a)(I)(N). (3) Any person violating any provision of this section shall be subject to audit by the department regarding payment of motor fuel tax. 1415. Radar jamming devices prohibited - penalty. (1)(a) No person shall use, possess, or sell a radar jamming device. (b) No person shall operate a motor vehicle with a radar jamming device in the motor vehicle. (2)(a) For purposes of this section, “radar jamming device” means any active or passive device, instrument, mechanism, or equipment that is designed or intended to interfere with, disrupt, or scramble the radar or laser that is used by law enforcement agencies and peace officers to measure the speed of motor vehicles. “Radar jamming device” includes but is not limited to devices commonly referred to as “jammers” or “scramblers”. (b) For purposes of this section, “radar jamming device” shall not include equipment that is legal under FCC regulations, such as a citizens’ band radio, ham radio, or any other similar electronic equipment. (3) Radar jamming devices are subject to seizure by any peace officer and may be confiscated and destroyed by order of the court in which a violation of this section is charged. (4) A violation of subsection (1) of this section is a class 2 misdemeanor traffic offense, punishable as provided in section 42-4-1701(3)(a)(II)(A). Page 238 of 4167 164 (5) The provisions of subsection (1) of this section shall not apply to peace officers acting in their official capacity. 1416. Failure to present a valid transit pass or coupon - fare inspector authorization – definitions. (1) A person commits failure to present a valid transit pass or coupon if the person occupies, rides in, or uses a public transportation vehicle without paying the applicable fare or providing a valid transit pass or coupon. (2) A person shall not occupy, ride in, or use a public transportation vehicle without possession of proof of prior fare payment. A person shall present proof of prior fare payment upon demand of a fare inspector appointed or employed pursuant to subsection (4) of this section, a peace officer, or any other employee or agent of a public transportation entity. (3) A violation of this section is a class B traffic infraction and is punishable by a fine of seventy- five dollars. Notwithstanding any other provision of law, fines for a violation of subsection (1) of this section shall be retained by the clerk of the court in the city and county of Denver upon receipt by the clerk for a violation occurring within that jurisdiction, or transmitted to the state judicial department if the fine is receipted by the clerk of the court of any other county. (4)(a) Public transportation entities may appoint or employ, with the power of removal, fare inspectors as necessary to enforce the provisions of this section. The employing public transportation entity shall determine the requirements for employment as a fare inspector. (b) A fare inspector appointed or employed pursuant to this section is authorized to enforce the provisions of this section while acting within the scope of his or her authority and in the performance of his or her duties. A fare inspector is authorized to issue a citation to a person who commits failure to provide a valid transit pass or coupon in violation of this section. The fare inspector shall issue a citation on behalf of the county in which the person occupying, riding in, or using a public transportation vehicle without paying the applicable fare is located at the time the violation is discovered. The public transportation entity whose fare inspector issued the citation shall timely deliver the citation to the clerk of the county court for the jurisdiction in which the accused person is located at the time the violation is discovered. (5) As used in this section, unless the context otherwise requires: (a) "Proof of prior fare payment" means: (I) A transit pass valid for the day and time of use; (II) A receipt showing payment of the applicable fare for use of a public transportation vehicle during the day and time specified in the receipt; or (III) A prepaid ticket or series of tickets showing cancellation by a public transportation entity used within the day and time specified in the ticket. Page 239 of 4167 165 (b) "Public transportation entity" means a mass transit district, a mass transit authority, or any other public entity authorized under the laws of this state to provide mass transportation services to the general public. (c) "Public transportation vehicle" means a bus, a train, a light rail vehicle, or any other mode of transportation used by a public transportation entity to provide transportation services to the general public. (d) "Transit pass" means any pass, coupon, transfer, card, identification, token, ticket, or other document, whether issued by a public transportation entity or issued by an employer to employees pursuant to an agreement with a public transportation entity, used to obtain public transit. Page 240 of 4167 166 Part 15 Motorcycles 1501. Traffic laws apply to persons operating motorcycles - special permits. (1) Every person operating a motorcycle or autocycle shall be granted all of the rights and is subject to all of the duties applicable to the driver of any other vehicle under this article 4, except as to special regulations in this article 4 and except as to those provisions of this article 4 that by their nature are not applicable. (2) For the purposes of a prearranged, organized special event and upon a showing that safety will be reasonably maintained, the department of transportation may grant a special permit exempting the operation of a motorcycle or autocycle from any requirement of this part 15. 1502. Motorcycles and autocycles – protective helmet. (1) A person driving a motorcycle or autocycle shall ride only upon the permanent and regular seat attached to the motorcycle or autocycle. The driver or a motorcycle or an autocycle shall not carry any other person and another person shall not ride on a motorcycle or autocycle unless the motorcycle or autocycle is designed to carry more than one person. If a motorcycle or autocycle is designed to carry more than one person, a passenger may ride upon the permanent seat if the permanent seat is designed for two persons or upon another seat firmly attached to the motorcycle or autocycle at the rear or side of the operator. (2) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on either side of the motorcycle. (3) No person shall operate a motorcycle while carrying packages, bundles, or other articles which prevent the person from keeping both hands on the handlebars. (4) A driver shall not carry any person, and another person shall not ride, in a position that will interfere with the operation or control of the motorcycle or autocycle or the view of the operator. (4.5)(a) Except as provided in subsection (4.5)(c) of this section, a person shall not operate or ride as a passenger on a motorcycle, autocycle, or low-power scooter on a roadway unless: (I) Each person under eighteen years of age is wearing a protective helmet of a type and design manufactured for use by operators of motorcycles; (II) The protective helmet conforms to the design and specifications set forth in paragraph (b) of this subsection (4.5); and (III) The protective helmet is secured properly on the person’s head with a chin strap while the motorcycle, autocycle, or low-power scooter is in motion. (b) A protective helmet required to be worn by this subsection (4.5) shall: Page 241 of 4167 167 (I) Be designed to reduce injuries to the user resulting from head impacts and to protect the user by remaining on the user’s head, deflecting blows, resisting penetration, and spreading the force of impact; (II) Consist of lining, padding, and chin strap; and (III) Meet or exceed the standards established in the United States department of transportation federal motor vehicle safety standard no. 218, 49 CFR 571.218, for motorcycle helmets. (c) A person driving or riding an autocycle need not wear a helmet if the autocycle has: (I) Three wheels; (II) A maximum design speed of twenty-five miles per hour or less; (III) A windshield; and (IV) Seat belts. (5) Any person who violates any provision of this section commits a class A traffic infraction. 1503. Operating motorcycles and autocycles on roadways laned for traffic. (1) All motorcycles are entitled to full use of a traffic lane, and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a traffic lane. This subsection (1) shall not apply to motorcycles operated two abreast in a single lane. (2) The operator of a motorcycle or autocycle shall not overtake or pass in the same lane occupied by the vehicle being overtaken. (3) A person shall not operate a motorcycle or autocycle between lanes of traffic or between adjacent lines or rows of vehicles. (4) Motorcycles shall not be operated more than two abreast in a single lane. (5) Subsections (2) and (3) of this section shall not apply to police officers in the performance of their official duties. (6) Any person who violates any provision of this section commits a class A traffic infraction. 1504. Clinging to other vehicles. A person riding upon a motorcycle or autocycle shall not attach himself, herself, or the motorcycle or autocycle to any other vehicle on a roadway. Any person who violates this section commits a class A traffic infraction. Page 242 of 4167 168 Part 16 Accidents And Accident Reports (Omitted) Page 243 of 4167 169 Part 17 Penalties And Procedure Preface. (1) Municipalities that have adopted the Code need to be aware of: sections 13-10-101, et. seq., section 42-4-110(2), and the Colorado Municipal Court Rules (C.M.C.R.). (2) Counties that have adopted the Code need to be aware of: part 5 of Code 6 of title 13, section 16-2-201, sections 30-15-401(1)(h), 30-15-402, 30-15-407, section 42-4-1701, Colorado Rules for Magistrates - Rule 7, and Colorado Rules of Criminal Procedure - Rule 4.1. (3) Counties additionally need to be aware of section 30-15-401(1)(h), which reads in part, emphasis added: “To control and regulate the movement and parking of vehicles and motor vehicles on public property; except that misdemeanor traffic offenses and the posted speed limit on any state highway located within the county shall be deemed a matter of statewide interest.”. Pursuant to section 30-15-402, which reads in part, emphasis added: (1) “Any person who violates any county ordinance adopted pursuant to this part 4 ... in the case of traffic offenses, commits a traffic infraction, and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars for each separate violation. If authorized by the county ordinance, the penalty assessment procedure provided in section 16- 2-201, may be followed by any arresting law enforcement officer for any such violation. As part of said county ordinance authorizing the penalty assessment procedure, the board of county commissioners may adopt a graduated fine schedule for such violations. Such graduated fine schedule may provide for increased penalty assessments for repeat offenses by the same individual. In the case of county traffic ordinance violations, the provisions of sections 42-4-1701 and 42-4-1703, and sections 42-4-1708 to 42-4-1718, shall apply; except that the fine or penalty for a violation charged and the surcharge thereon if authorized by county ordinance shall be paid to the county. (2) In addition to the penalties prescribed in subsection (1) of this section, persons convicted of a violation of any ordinance adopted pursuant to this part 4 are subject to: (a) A surcharge of ten dollars that shall be paid to the clerk of the court by the defendant. Each clerk shall transmit the moneys to the court administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district pursuant to section 24-4.2-103”. 1701. Traffic offenses and infractions classified - penalties - penalty and surcharge schedule - repeal. (1) It is a traffic infraction for any person to violate any of the provisions of articles 1 to 3 of this title 42 and parts 1 to 3 and 5 to 19 of this article 4 unless such violation is, by articles 1 to 3 of this title 42 and parts 1 to 3 and 5 to 19 of this article 4 or by any other law of this state, declared to be a felony, misdemeanor, petty offense, civil infraction, or misdemeanor traffic offense. Such a traffic infraction constitutes a civil matter. Page 244 of 4167 170 (2)(a) For the purposes of this part 17, “judge” shall include any county court magistrate who hears traffic infraction matters, but no person charged with a traffic violation other than a traffic infraction or class 2 misdemeanor traffic offense shall be taken before a county court magistrate. (b) For the purposes of this part 17, "magistrate" shall include any county court judge who is acting as a county court magistrate in traffic infraction and class 2 misdemeanor traffic offense matters. (3)(a)(I) Except as provided in subsections (4) and (5) of this section or the section creating the infraction, traffic infractions are divided into two classes which shall be subject to the following penalties which are authorized upon entry of judgment against the defendant: Class Minimum Penalty Maximum Penalty A $15.00 Penalty $100.00 Penalty B $15.00 Penalty $100.00 Penalty (II)(A) Except as otherwise provided in sub-subparagraph (B) of this subparagraph (II), subsections (4) and (5) of this section, and sections 42-4-1301.3, 42-4-1301.4 and 42-4-1307, or the section creating the offense, misdemeanor traffic offenses are vided into two classes that are distinguished from one another by the following penalties that are authorized upon conviction: Class Minimum Sentence Maximum Sentence 1 Ten days imprisonment, or $300 fine, or both One year imprisonment, or $1,000 fine, or both 2 Ten days imprisonment, or $150 fine, or both Ninety days imprisonment, or $300 fine, or both (B) Any person convicted of a class 1 or class 2 misdemeanor traffic offense shall be required to pay restitution as required by article 18.5 of title 16, and may be sentenced to perform a certain number of hours of community or useful public service in addition to any other sentence provided by sub-subparagraph (A) of this subparagraph (II), subject to the conditions and restrictions of section 18-1.3-507. (b) Any traffic infraction or misdemeanor traffic offense defined by law outside of articles 1 to 4 of this title shall be punishable as provided in the statute defining it or as otherwise provided by law. (c) The department has no authority to assess any points under section 42-2-127, upon entry of judgment for any class B traffic infractions. (4)(a)(I) Except as provided in subsection (5)(c) of this section, every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of any provision of this title 42 to which subsection (5)(a) or (5)(b) of this section applies shall be fined or penalized, Page 245 of 4167 171 and have a surcharge levied thereon pursuant to sections 24-4.1-119(1)(f) and 24-4.2-104(1)(b)(I), in accordance with the penalty and surcharge schedule set forth in subsections (4)(a)(I)(A) to (4)(a)(I)(S) of this section; or, if no penalty or surcharge is specified in the schedule, the penalty for class A and class B traffic infractions shall be fifteen dollars, and the surcharge shall be four dollars. These penalties and surcharges shall apply whether the defendant acknowledges the defendant's guilt or liability in accordance with the procedure set forth by subsection (5)(a) this section, is found guilty by a court of competent jurisdiction, or has judgment entered against the defendant by a county court magistrate. Penalties and surcharges for violating specific sections shall be as follows: (A) Drivers' license violations: Section Violated Penalty Surcharge 42-2-101 $35.00 $10.00 42-2-101(2), (3), or (5) $15.00 $6.00 42-2-103 $15.00 $6.00 42-2-105 $70.00 $10.00 42-2-105.5(4) $65.00 $10.00 42-2-106 $70.00 $ 10.00 42-2-115 $35.00 $10.00 42-2-116(6)(a) $30.00 $6.00 42-2-119 $15.00 $6.00 42-2-134 $35.00 $10.00 42-2-136 $35.00 $10.00 42-2-138 $100.00 $15.00 42-2-139 $35.00 $10.00 42-2-140 $35.00 $10.00 42-2-141 $35.00 $10.00 42-2-204 $70.00 $10.00 42-2-404 $100.00 $15.00 (B) Registration and taxation violations: Section Violated Penalty Surcharge 42-3-103 $50.00 $16.00 42-3-113 $15.00 $6.00 42-3-202 $15.00 $6.00 42-3-116 $50.00 $16.00 42-3-121(1)(a) $75.00 $24.00 42-3-121(1)(c) $35.00 $10.00 42-3-121(1)(f), (1)(g), and (1)(h) $75.00 $24.00 42-3-304 to 306 $50.00 $16.00 42-3-308 $50.00 $16.00 Page 246 of 4167 172 (C) Traffic regulation generally: Section Violated Penalty Surcharge Sec.[1] 1412 $15.00 $6.00 Sec. 109(13)(a) $15.00 $6.00 Sec. 109(13)(b) $100.00 $15.00 Sec. 1211 $30.00 $6.00 Sec. 1405 $15.00 $6.00 1 [1] NOTE: “Sec.” refers to the corresponding section of this Model Traffic Code. (D) Equipment violations: Section Violated Penalty Surcharge Sec. 201 $35.00 $10.00 Sec. 202 $35.00 $10.00 Sec. 204 $15.00 $6.00 Sec. 205 $15.00 $6.00 Sec. 206 $15.00 $6.00 Sec. 207 $15.00 $6.00 Sec. 208 $15.00 $6.00 Sec. 209 $15.00 $6.00 Sec. 210 $15.00 $6.00 Sec. 211 $15.00 $6.00 Sec. 212 $15.00 $6.00 Sec. 213 $15.00 $6.00 Sec. 214 $15.00 $6.00 Sec. 215 $15.00 $6.00 Sec. 216 $15.00 $6.00 Sec. 217 $15.00 $6.00 Sec. 218 $15.00 $6.00 Sec. 219 $15.00 $6.00 Sec. 220 $15.00 $6.00 Sec. 221 $15.00 $6.00 Sec. 222(1) $15.00 $6.00 Sec. 223 $15.00 $6.00 Sec. 224 $15.00 $6.00 Sec. 225(1) $15.00 $6.00 1.NOTE: “Sec.” refers to the corresponding section of this Model Traffic Code. Page 247 of 4167 173 Sec. 226 $15.00 $6.00 Sec. 227(1) $50.00 $16.00 Sec. 228(1), (2), (3), (5), or (6) $15.00 $6.00 Sec. 229 $15.00 $6.00 Sec. 230 $15.00 $6.00 Sec. 231 $15.00 $6.00 Sec. 232 $15.00 $6.00 Sec. 233 $75.00 $24.00 Sec. 234 $15.00 $6.00 Sec. 235 $50.00 $16.00 Sec. 236 $65.00 $16.00 Sec. 237 $65.00 $6.00 Sec. 1411 $15.00 $6.00 Sec. 1412 $15.00 $6.00 Sec. 1901 $35.00 $ 10.00 (E) Emissions inspections: Section Violated Penalty Surcharge Sec. 313(3)(c) $100.00 $15.00 Sec. 313(3)(d) $15.00 $6.00 (E.5) Dispel Inspections: Sec. 412 $50.00 $16.00 (F) Size, weight, and load violations: Section Violated Penalty Surcharge Sec. 106(1), (3), (4), (6), or (7) $35.00 $10.00 Sec. 106(5)(a)(I) $100.00 $32.00 Sec. 106(5)(a)(II) $500.00 $156.00 Sec. 106(5)(a)(III) $500.00 $78.00 Sec. 106(5)(a)(IV) $1,000.00 $156.00 Sec. 105(1) to (5) $50.00 $16.00 Sec. 106 $50.00 $16.00 Sec. 502 $75.00 $24.00 Sec. 503 $15.00 $6.00 Sec. 504 $75.00 $24.00 Sec. 505 $75.00 $24.00 Sec. 506 $15.00 $6.00 Sec. 509 $50.00 $16.00 Sec. 510(12)(a) $35.00 $10.00 Sec. 512 $75.00 $24.00 Page 248 of 4167 174 (G) Signals, signs, and markings violations: Section Violated Penalty Surcharge Sec. 603 $100.00 $10.00 Sec. 604 $100.00 $10.00 Sec. 605 $70.00 $10.00 Sec. 606 $15.00 $6.00 Sec. 607(1) $50.00 $16.00 Sec. 607(2)(a) $100.00 $32.00 Sec. 608(1) $70.00 $6.00 Sec. 608(2) $15.00 $6.00 Sec. 609 $15.00 $6.00 Sec. 610 $15.00 $6.00 Sec. 611 $100.00 $15.00 Sec. 612 $70.00 $10.00 Sec. 613 $35.00 $10.00 (H) Rights-of-way violations: Section Violated Penalty Surcharge Sec. 701 $70.00 $10.00 Sec. 702 $70.00 $10.00 Sec. 703 $70.00 $10.00 Sec. 704 $70.00 $10.00 Sec. 705 $70.00 $16.00 Sec. 706 $70.00 $10.00 Sec. 707 $70.00 $10.00 Sec. 708 $35.00 $10.00 Sec. 709 $70.00 $10.00 Sec. 710 $70.00 $10.00 Sec. 711 $100.00 $10.00 Sec. 712 $70.00 $10.00 Sec. 714 $70.00 $10.00 Sec. 715 $70.00 $11.00 (I) Pedestrian violations: Section Violated Penalty Surcharge Sec. 801 $15.00 $6.00 Sec. 802(1) $30.00 $6.00 Sec. 802(3) $15.00 $6.00 Sec. 802(4) $30.00 $6.00 Sec. 802(5) $30.00 $6.00 Sec. 803 $15.00 $6.00 Page 249 of 4167 175 Sec. 805 $15.00 $6.00 Sec. 806 $70.00 $10.00 Sec. 807 $70.00 $10.00 Sec. 808 $70.00 $10.00 (J) Turning and stopping violations: Section Violated Penalty Surcharge Sec. 901 $70.00 $10.00 Sec. 902 $70.00 $10.00 Sec. 903 $70.00 $10.00 (K) Driving, overtaking, and passing violations: Section Violated Penalty Surcharge Sec. 1001 $70.00 $10.00 Sec. 1002 $100.00 $10.00 Sec. 1003 $100.00 $10.00 Sec. 1004 $100.00 $10.00 Sec. 1005 $100.00 $10.00 Sec. 1006 $70.00 $10.00 Sec. 1007 $100.00 $10.00 Sec. 1008 $100.00 $10.00 Sec. 1009 $70.00 $10.00 Sec. 1010 $70.00 $10.00 Sec. 1011 $200.00 $32.00 Sec. 1012(3)(a) $65.00 (NONE) Sec. 1012(3)(b) $125.00 (NONE) Sec. 1013 $100.00 (NONE) (L) Speeding violations: Sec. 1101(1) or (8)(b) (1 to 4 miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of 75 miles per hour) Penalty Surcharge $30.00 $6.00 Sec. 1101(1) or (8)(b) (5 to 9 miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of 75 miles per hour) Penalty Surcharge $70.00 $10.00 Page 250 of 4167 176 Sec. 1101(1) or (8)(b) (10 to 19 miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of 75 miles per hour) Penalty Surcharge $135.00 $16.00 Sec. 1101(1) or (8)(b) (20 to 24 miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of 75 miles per hour) Penalty Surcharge $200.00 $32.00 Sec. 1101(8)(g) (1 to 4 miles per hour over the maximum lawful speed limit of 40 miles per hour driving a low-power scooter) Penalty Surcharge $50.00 $6.00 Sec. 1101(8)(g) (5 to 9 miles per hour over the maximum lawful speed limit of 40 miles per hour driving a low-power scooter) Penalty Surcharge $75.00 $10.00 Sec. 1101(8)(g) (greater than 9 miles per hour over the maximum lawful speed limit of 40 miles per hour driving a low-power scooter) Penalty Surcharge $100.00 $16.00 Section Violated Penalty Surcharge Sec. 1101(3) $100.00 $10.00 Sec. 1103 $50.00 $6.00 Sec. 1104 $30.00 $6.00 (M) Parking violations: Section Violated Penalty Surcharge Sec. 1201 $30.00 $6.00 Sec. 1202 $30.00 $6.00 Sec. 1204 $15.00 $6.00 Sec. 1205 $15.00 $6.00 Sec. 1206 $15.00 $6.00 Sec. 1207 $15.00 $6.00 Sec. 1208 $150.00 $32.00 Sec. 1210 $50.00 $10.00 Sec. 1213 $150.00 $32.00 Page 251 of 4167 177 (N) Other offenses: Section Violated Penalty Surcharge Sec. 1301(2)(d) $100.00 $16.00 Sec. 1305 $50.00 $16.00 Sec. 1305.5(2) $50.00 $7.80 Sec. 1402 $150.00 $16.00 Sec. 1403 $30.00 $6.00 Sec. 1404 $15.00 $6.00 Sec. 1406 $35.00 $10.00 Sec. 1407(3)(a) $35.00 $10.00 Sec. 1407(3)(b) $100.00 $30.00 Sec. 1407(3)(c) $500.00 $200.00 Sec. 314(1) and (2) $35.00 $10.00 Sec. 314(6)(a) $100.00 $10.00 Sec. 1408 $15.00 $6.00 Sec. 1414(2)(a) $500.00 $156.00 Sec. 1414(2)(b) $1,000.00 $312.00 Sec. 1414(2)(c) $5,000.00 $1,560.00 Sec. 1416(3) $75.00 $4.00 42-20-109(2) $250.00 $66.00 (O) Motorcycle violations: Section Violated Penalty Surcharge Sec. 1502(1), (2), (3), or (4) $30.00 $6.00 Sec. 1502(4.5) $100.00 $15.00 Sec. 1503 $30.00 $6.00 Sec. 1504 $30.00 $6.00 (P) Offenses by persons controlling vehicles: Section Violated Penalty Surcharge Sec. 239(5)(a) $50.00 $6.00 Sec. 239(5)(b) $100.00 $6.00 Sec. 239(5.5) $300.00 $6.00 Sec. 1704 $15.00 $6.00 (Q) Certificates of title: Section Violated Penalty Surcharge 42-6-110 $100.00 $15.00 42-6-112 $100.00 $15.00 Page 252 of 4167 178 (R) Proof of financial responsibility: Section Violated Penalty Surcharge 42-7-422 $100.00 $15.00 42-7-506 $50.00 $15.00 42-7-507 $100.00 $15.00 42-7-510 $100.00 $15.00 (S) Uninsured motorist identification database protection: Section Violated Penalty Surcharge 42-7-606 $100.00 $15.00 (II)(A) A person convicted of violating section 507 or 508 shall be fined pursuant to this sub- subparagraph (A), whether the defendant acknowledges the defendant's guilt pursuant to the procedure set forth in paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction. A person who violates section 507 or 508 shall be punished by the following fine plus a surcharge of sixteen percent of the fine as follows: Excess Weight - Pounds Penalty 1 - 1,000 $20.00 1,001 - 3,000 $25.00 3,001 - 5,000 0.03 per pound overweight 5,001 - 7,000 0.05 per pound overweight rounded to the nearest dollar 7,001 - 10,000 0.07 per pound overweight rounded to the nearest dollar 10,001 - 15,000 0.10 per pound overweight rounded to the nearest dollar 15,001 - 19,750 0.15 per pound rounded to the nearest dollar Over 19,750 0.25 per pound overweight rounded to the nearest dollar (B) The state, county, city, or city and county issuing a citation that results in the assessment of the penalties in sub-subparagraph (A) of this subparagraph (II) may retain and distribute the following amount of the penalty according to the law of the jurisdiction that assesses the penalty, but the remainder of the penalty shall be transmitted to the state treasurer, who shall credit the moneys to the commercial vehicle enterprise tax fund created in section 42-1-225: Excess Weight - Pounds Penalty Retained 1 - 3,000 $15.00 3,001 - 4,250 $25.00 4,251 - 4,500 $50.00 4,501 - 4,750 $55.00 4,751 - 5,000 $60.00 5,001 - 5,250 $65.00 5,251 - 5,500 $75.00 Page 253 of 4167 179 5,501 - 5,750 $85.00 5,751 - 6,000 $95.00 6,001 - 6,250 $105.00 6,251 - 6,500 $125.00 6,501 - 6,750 $145.00 6,751 - 7,000 $165.00 7,001 - 7,250 $185.00 7,251 - 7,500 $215.00 7,501 - 7,750 $245.00 7,751 - 8,000 $275.00 8,001 - 8,250 $305.00 8,251 - 8,500 $345.00 8,501 - 8,750 $385.00 8,751 - 9,000 $425.00 9,001 - 9,250 $465.00 9,251 - 9,500 $515.00 9,501 - 9,750 $565.00 9,751 - 10,000 $615.00 10,001 - 10,250 $665.00 Over 10,250 $30.00 for each 250 pounds additional overweight, plus $665.00 (III) Any person convicted of violating any of the rules promulgated pursuant to section 510, except section 510(2)(b)(IV), shall be fined as follows, whether the violator acknowledges the violator's guilt pursuant to the procedure set forth in paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction: (A) Except as provided in sub-subparagraph (D) of this subparagraph (III), any person who violates the maximum permitted weight on an axle or on gross weight shall be punished by the following fine plus a surcharge of sixteen percent of the fine: Excess Weight Above Maximum Excess Weight - Pounds Penalty Retained 1 - 2,500 $50.00 2,501 - 5,000 $100.00 5,001 - 7,500 $200.00 7,501 - 10,000 $400.00 Over 10,000 $150.00 for each 1,000 pounds additional overweight, plus $400.00 (B) Any person who violates any of the requirements of the rules and regulations pertaining to transport permits for the movement of overweight or oversize vehicles or Page 254 of 4167 180 loads, other than those violations specified in sub-subparagraph (A) or (C) of this subparagraph (III), shall be punished by a fine of fifty dollars. (C) Any person who fails to have an escort vehicle when such vehicle is required by the rules and regulations pertaining to transport permits for the movement of overweight or oversize vehicles or loads or who fails to reduce speed when such speed reduction is required by said rules and regulations shall be punished by a fine of two hundred fifty dollars. (D) The fines for a person who violates the maximum permitted weight on an axle or on gross weight under a permit issued pursuant to section 510(1)(b)(II) shall be doubled. (IV)(A) Any person convicted of violating section 42-3-114 who has not been convicted of a violation of section 42-3-114 in the twelve months preceding such conviction shall be fined as follows, whether the defendant acknowledges the defendant's guilt pursuant to the procedure set forth in paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction: Number of days beyond renewal period that registration has been expired Penalty Surcharge 1-29 $35.00 $8.00 30 - 59 $50.00 $12.00 60 and over $75.00 $18.00 (B) Any person convicted of violating section 42-3-114 who has been convicted of violating said section within the twelve months preceding such conviction shall be fined pursuant to subparagraph (I) of paragraph (a) of subsection (3) of this section. (V) Any person convicted of violating section 42-20-204(2) shall be fined twenty-five dollars, whether the violator acknowledges guilt pursuant to the procedure set forth in paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction. (VI)(A) Except as provided in paragraph (c) of subsection (5) of this section, every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of any provision of this title to which the provisions of paragraph (a) or (b) of subsection (5) of this section apply, shall, in addition to any other fine or penalty or surcharge, be assessed a surcharge of one dollar, which amount shall be transmitted to the state treasurer for deposit in the family-friendly court program cash fund created in section 13-3-113(6). This surcharge shall apply whether the defendant acknowledges the defendant's guilt or liability in accordance with the procedure set forth by paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction or has judgment entered against the defendant by a county court magistrate. (B) Repealed. (VII) The penalties and surcharges for a second or subsequent violation of section 42-20- 109(2), within twelve months shall be doubled. Page 255 of 4167 181 (VIII) A person who violates section 42-3-204(7)(f)(II), or section 1208(3)(a) or (4) commits a class A traffic infraction and, upon conviction, shall be punished by a surcharge of thirty- two dollars under sections 24-4.1-119(1)(f) and 24-4.2-104(1)(b)(I), and: (A) A fine of not less than three hundred fifty dollars but not more than one thousand dollars for the first offense; (B) A fine of not less than six hundred dollars but not more than one thousand dollars for a second offense; and (C) A fine of not less than one thousand dollars but not more than five thousand dollars, in addition to not more than ten hours of community service, for a third or subsequent offense. (IX) A person who violates section 1208(3) by parking a vehicle owned by a commercial carrier commits a class A traffic infraction. (X)(A) A person who violates section 1208(5) of this section commits a class A traffic infraction. (B) A person who willfully receives remuneration for violating section 1208(5) commits a class A traffic infraction. (b)(I) The schedule in subparagraph (I) of paragraph (a) of this subsection (4) shall not apply when the provisions of paragraph (c) of subsection (5) of this section prohibit the issuance of a penalty assessment notice for a violation of the aforesaid traffic violation. (II) The schedules in subparagraphs (II) and (III) of paragraph (a) of this subsection (4) shall apply whether the violator is issued a penalty assessment notice or a summons and complaint. (c)(I) The penalties and surcharges imposed for speeding violations under subsection (4)(a)(I)(L) of this section shall be doubled if a speeding violation occurs within a maintenance, repair, or construction zone that is designated by the department of transportation pursuant to section 614(1)(a); except that the penalty for violating section 1101(1) or (8)(b) by twenty to twenty-four miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of seventy-five miles per hour shall be five hundred forty dollars. (II)(A) The penalties and surcharges imposed for violations under sub-subparagraphs (C), (G), (H), (I), (J), (K), (N), and (O) of subparagraph (I) of paragraph (a) of this subsection (4) shall be doubled if a violation occurs within a maintenance, repair, or construction zone that is designated by the department of transportation pursuant to section 614(1)(a); except that the fines for violating sections 314, 610, 613, 706, 707, 708, 709, 710, 1011, 1012, 1404, 1408, and 1414 shall not be doubled under this subparagraph (II). (B) There is hereby created, within the highway users tax fund, the highway construction workers' safety account. (C) If a fine is doubled under subparagraph (I) or (II) of this paragraph (c), one-half of the fine allocated to the state by sections 42-1-217 and section 205, shall be transferred to Page 256 of 4167 182 the state treasurer, who shall deposit it in the highway construction workers' safety account within the highway users tax fund to be continuously appropriated to the department of transportation for work zone safety equipment, signs, and law enforcement. (D) This subparagraph (II) is effective July 1, 2006. (III) The penalties and surcharges imposed for speeding violations under sub-subparagraph (L) of subparagraph (I) of paragraph (a) of this subsection (4) shall be doubled if a speeding violation occurs within a maintenance, repair, or construction zone that is designated by a public entity pursuant to section 614(1)(b). (IV) The penalties and surcharges imposed for violations under sub-subparagraphs (C), (G), (H), (I), (J), (K), (N), and (O) of subparagraph (I) of paragraph (a) of this subsection (4) shall be doubled if a violation occurs within a maintenance, repair, or construction zone that is designated by a public entity pursuant to section 614(1)(b); except that the fines for violating sections 314, 610, 613, 706, 707, 708, 709, 710, 1011, 1012, 1404, 1408, and 1414 shall not be doubled under this subparagraph (IV). (d) The penalty and surcharge imposed for any moving traffic violation under subparagraph (I) of paragraph (a) of this subsection (4) are doubled if the violation occurs within a school zone pursuant to section 615. (d.5)(I) The penalty and surcharge imposed for any moving traffic violation under subparagraph (I) of paragraph (a) of this subsection (4) are doubled if the violation occurs within a wildlife crossing zone pursuant to section 616. (II)(A) There is hereby created, within the highway users tax fund, the wildlife crossing zones safety account. (B) If a penalty and surcharge are doubled pursuant to subparagraph (I) of this paragraph (d.5), one-half of the penalty and surcharge allocated to the state by sections 42-1-217 and section 205, shall be transferred to the state treasurer, who shall deposit the moneys in the wildlife crossing zones safety account within the highway users tax fund to be continuously appropriated to the department of transportation for wildlife crossing zones signs and law enforcement. (e)(I) An additional twenty dollars shall be assessed for speeding violations pursuant to subsection (4)(a)(I)(L) of this section in addition to the penalties and surcharge stated in subsection (4)(a)(I)(L) of this section. Money collected pursuant to this subsection (4)(e) must be transmitted to the state treasurer, who shall deposit such money in the Colorado brain injury trust fund created pursuant to section 26-1-309 within fourteen days after the end of each quarter, to be used for the purposes set forth in part 3 of article 1 of title 26. (II) If the surcharge is collected by a county, the surcharge shall be twenty-two dollars of which two dollars shall be retained by the county and the remaining twenty dollars must be transmitted to the state treasurer and credited to the Colorado brain injury trust fund created pursuant to section 26-1-309 within fourteen days after the end of each quarter, to be used for the purposes set forth in part 3 of article 1 of title 26. Page 257 of 4167 183 (III) An additional twenty dollars is assessed for a violation of a traffic regulation pursuant to subsection (4)(a)(I)(C) of this section for a violation of section 42-4-109(13)(b), in addition to the penalties stated in subsection (4)(a)(I)(C) of this section. An additional twenty dollars must be assessed for a motorcycle or autocycle violation pursuant to subsection (4)(a)(I)(O) of this section for a violation of section 42-4-1502(4.5), in addition to the penalties stated in subsection (4)(a)(I)(O) of this section. Money collected pursuant to this subsection (4)(e)(III) must be transmitted to the state treasurer, who shall deposit the money in the Colorado brain injury trust fund created pursuant to section 26-1-309, to be used for the purposes set forth in part 3 of article 1 of title 26. (d.7)(I) the penalty and surcharge imposed for a violation under subsection (4)(a)(I)(L) of this section is doubled is the violation is committed by a driver of a commercial motor vehicle within an area of a state highway that the department of transportation has designated as a steep downhill grade zone pursuant to section 42-4-617. (II)(A) there is created, within the highway users tax fund, the mountain highways commercial motor vehicle safety account, referred to within this subsection (4)(d.7) as the “account”. (B) notwithstanding any provision of law to the contrary, for each fine collected pursuant to section 424-617(4) and subsection (4)(d.7)(I) of this section, the state treasurer shall credit one-half of the amount of the fine to the account. All money credited to the account is continuously appropriated to the department of transportation and to the freight mobility and safety branch created within the transportation development division of the department of transportation pursuant to section 43-1-117 to pay costs associated with the provision of educational outreach and public information about runaway truck events, the purchase and implementation of equipment for the purpose of reducing the frequency of runaway truck events, and the completion of studies of means by which the state may reduce the frequency of runaway truck events and improve overall commercial motor vehicle safety on state highways that pass through the mountains of the state. (f)(I) In addition to the surcharge specified in sub-subparagraph (N) of subparagraph (I) of paragraph (a) of this subsection (4), the court shall assess a surcharge of five dollars for a violation of section 42-4-1301(2)(d). Moneys collected pursuant to this paragraph (f) must be transmitted to the state treasurer who shall deposit such moneys in the rural alcohol and substance abuse cash fund created in section 27-80-117(3), within fourteen days after the end of each quarter, to be used for the purposes set forth in section 27-80-117. (II) If the additional surcharge is collected by a county court, the additional surcharge shall be six dollars of which one dollar shall be retained by the county and the remaining five dollars shall be transmitted to the state treasurer and credited to the rural alcohol and substance abuse cash fund created in section 27-80-117 (3), within fourteen days after the end of each quarter, to be used for the purposes set forth in section 27-80-117. (III) This paragraph (f) is repealed, effective September 1, 2025, unless the general assembly extends the repeal of the rural alcohol and substance abuse prevention and treatment program created in section 27-80-117. Page 258 of 4167 184 (5)(a)(I) At the time that any person is arrested for the commission of any misdemeanors, petty offenses, or misdemeanor traffic offenses set forth in subsection (4) of this section, the arresting officer may, except when the provisions of paragraph (c) of this subsection (5) prohibit it, offer to give a penalty assessment notice to the defendant. At any time that a person is charged with the commission of any traffic infraction, the peace officer shall, except when the provisions of paragraph (c) of this subsection (5) prohibit it, give a penalty assessment notice to the defendant. Such penalty assessment notice shall contain all the information required by section 1707(3) or by section 1709, whichever is applicable. The fine or penalty specified in subsection (4) of this section for the violation charged and the surcharge thereon may be paid at the office of the department of revenue, either in person or by postmarking such payment within twenty days from the date the penalty assessment notice is served upon the defendant; except that the fine or penalty charged and the surcharge thereon shall be paid to the county if it relates to a traffic offense authorized by county ordinance. The department of revenue shall accept late payment of any penalty assessment up to twenty days after such payment becomes due. Except as otherwise provided in subparagraph (II) of this paragraph (a), in the case of an offense other than a traffic infraction, a defendant who otherwise would be eligible to be issued a penalty assessment notice but who does not furnish satisfactory evidence of identity or who the officer has reasonable and probable grounds to believe will disregard the summons portion of such notice may be issued a penalty assessment notice if the defendant consents to be taken by the officer to the nearest mailbox and to mail the amount of the fine or penalty and surcharge thereon to the department. The peace officer shall advise the person arrested or cited of the points to be assessed in accordance with section 42-2-127. Except as otherwise provided in section 1710(1)(b), acceptance of a penalty assessment notice and payment of the prescribed fine or penalty and surcharge thereon to the department shall be deemed a complete satisfaction for the violation, and the defendant shall be given a receipt which so states when such fine or penalty and surcharge thereon is paid in currency or other form of legal tender. Checks tendered by the defendant to and accepted by the department and on which payment is received by the department shall be deemed sufficient receipt. (II) In the case of an offense other than a traffic infraction that involves a minor under the age of eighteen years, the officer shall proceed in accordance with the provisions of section 1706(2) or 1707(1)(b) or (3)(a.5). In no case may an officer issue a penalty assessment notice to a minor under the age of eighteen years and require or offer that the minor consent to be taken by the officer to the nearest mailbox to mail the amount of the fine or penalty and surcharge thereon to the department. (b) In the case of an offense other than a traffic infraction, should the defendant refuse to accept service of the penalty assessment notice when such notice is tendered, the peace officer shall proceed in accordance with section 42-4-1705, or 1707 of this Code. Should the defendant charged with an offense other than a traffic infraction accept service of the penalty assessment notice but fail to post the prescribed penalty and surcharge thereon within twenty days thereafter, the notice shall be construed to be a summons and complaint unless payment for such penalty assessment has been accepted by the department of revenue as evidenced by receipt. Should the defendant charged with a traffic infraction accept the notice but fail to post the prescribed penalty and surcharge thereon within twenty days thereafter, and should the department of revenue not accept payment for such penalty and surcharge as evidenced by receipt, the defendant shall be allowed to pay such penalty and surcharge thereon and the Page 259 of 4167 185 docket fee in the amount set forth in section 1710(4) to the clerk of the court referred to in the summons portion of the penalty assessment notice during the two business days prior to the time for appearance as specified in the notice. If the penalty for a misdemeanor, misdemeanor traffic offense, or a petty offense and surcharge thereon is not timely paid, the case shall thereafter be heard in the court of competent jurisdiction prescribed on the penalty assessment notice in the same manner as is provided by law for prosecutions of the misdemeanors not specified in subsection (4) of this section. If the penalty for a traffic infraction and surcharge thereon is not timely paid, the case shall thereafter be heard in the court of competent jurisdiction prescribed on the penalty assessment notice in the manner provided for in this article for the prosecution of traffic infractions. In either case, the maximum penalty that may be imposed shall not exceed the penalty set forth in the applicable penalty and surcharge schedule in subsection (4) of this section. (b.5) The provisions of section 1710(1)(b) shall govern any case described in paragraph (b) of this subsection (5) in which a minor under the age of eighteen years submits timely payment for an infraction or offense in a penalty assessment notice but such payment is not accompanied by the penalty assessment notice signed and notarized in the manner required by section 1707(3)(a.5) or 1709(1.5). (c)(I) The penalty and surcharge schedules of subsection (4) of this section and the penalty assessment notice provisions of paragraphs (a) and (b) of this subsection (5) shall not apply to violations constituting misdemeanors, petty offenses, or misdemeanor traffic offenses not specified in said subsection (4) of this section, nor shall they apply to the violations constituting misdemeanors, petty offenses, misdemeanor traffic offenses, or traffic infractions specified in said subsection (4) of this section when it appears that: (A) (Deleted by amendment, L. 96, p. 580, § 4, effective May 25, 1996.) (B) In a violation of section 1101(1) or (8)(b), the defendant exceeded the reasonable and prudent speed or the maximum lawful speed of seventy-five miles per hour by more than twenty-four miles per hour; (C) The alleged violation has caused, or contributed to the cause of, an accident resulting in appreciable damage to property of another or in injury or death to any person; (D) The defendant has, in the course of the same transaction, violated one of the provisions of this title specified in the penalty and surcharge schedules in subsection (4) of this section and has also violated one or more provisions of this title not so specified, and the peace officer charges such defendant with two or more violations, any one of which is not specified in the penalty and surcharge schedules in subsection (4) of this section. (II) In all cases where this paragraph (c) prohibits the issuance of a penalty assessment notice, the penalty and surcharge schedule contained in subparagraph (I) of paragraph (a) of subsection (4) of this section shall be inapplicable; except that the penalty and surcharge provided in the schedule contained in sub-subparagraph (B) of subparagraph (I) of paragraph (a) of subsection (4) of this section for any violation of section 121 shall always apply to such a violation. In all cases where the penalty and surcharge schedule contained in Page 260 of 4167 186 subparagraph (I) of paragraph (a) of subsection (4) of this section is inapplicable, the provisions of subsection (3) of this section shall apply. (d) In addition to any other cases governed by this section, the penalty and surcharge schedule contained in subparagraph (I) of paragraph (a) of subsection (4) of this section shall apply in the following cases: (I) In all cases in which a peace officer was authorized by the provisions of this subsection (5) to offer a penalty assessment notice for the commission of a misdemeanor, petty offense, or misdemeanor traffic offense but such peace officer chose not to offer such penalty assessment notice; (II) In all cases involving the commission of a misdemeanor, petty offense, or misdemeanor traffic offense in which a penalty assessment notice was offered by a peace officer but such penalty assessment notice was refused by the defendant. (6) An officer coming upon an unattended vehicle that is in apparent violation of any provision of the state motor vehicle law may place upon the vehicle a penalty assessment notice indicating the offense or infraction and directing the owner or operator of the vehicle to remit the penalty assessment provided for by subsection (4) of this section and the surcharges thereon pursuant to sections 119(1)(f) and 104 to the Colorado department of revenue within ten days. If the penalty assessment and surcharge thereon is not paid within ten days of the issuance of the notice, the department shall mail a notice to the registered owner of the vehicle, setting forth the offense or infraction and the time and place where it occurred and directing the payment of the penalty assessment and surcharge thereon within twenty days from the issuance of the notice. If the penalty assessment and surcharge thereon is not paid within the twenty days from the date of mailing of such notice, the department shall request the police officer who issued the original penalty assessment notice to file a complaint with a court having jurisdiction and issue and serve upon the registered owner of the vehicle a summons to appear in court at a time and place specified therein as in the case of other offenses or infractions. (7) Notwithstanding the provisions of paragraph (b) of subsection (5) of this section, receipt of payment by mail by the department or postmarking such payment on or prior to the twentieth day after the receipt of the penalty assessment notice by the defendant shall be deemed to constitute receipt on or before the date the payment was due. (8) The surcharges described in subsections (4) to (6) of this section are separate and distinct from a surcharge levied pursuant to section 24-33.5-415.6. 1702. Counties - traffic offenses classified - schedule of fines. (1) Pursuant to sections 30-15-402(1), and 42-4-1701, it is a traffic infraction for any person to violate parts 1 and 2, and 5 to 19 of this Code except as otherwise provided in subsections (2), (3),(4), and (5) of this section. (2) Violation of sections 238, 239, 607(2)(a), 1402(2), and 1409, of this Code are class 1 traffic misdemeanors Page 261 of 4167 187 (3) Violations of sections 107, 228(8), 233, 507, 508, 509, 510, 1105, 1401, 1402(1), 1407, 1412, 1413, 1704, 1716(2) and 1903(1)(a) of this Code are class 2 traffic misdemeanors. (4) In section 1101 of this Code a violation of driving one to twenty-four miles per hour in excess of the reasonable and prudent speed or in excess of the maximum lawful speed limit of seventy- five miles per hour is a traffic infraction; a violation of driving twenty-five or more miles per hour in excess of the reasonable and prudent speed or in excess of the maximum lawful speed limit of seventy-five miles per hour is a class 2 misdemeanor traffic offense. (5) Violation of subsection (1.5) of section 225 shall, upon conviction, be punished by a fine of five hundred dollars. (6) The County Commissioners may adopt a fine and surcharge schedule for penalty assessment violations. 1703. Parties to a crime. Every person who commits, conspires to commit, or aids or abets in the commission of any act declared in this Code to be a traffic offense, whether individually or in connection with one or more other persons or as principal, agent, or accessory, is guilty of such offense or liable for such offense, and every person who falsely, fraudulently, forcibly, or willfully induces, causes, coerces, requires, permits, or directs another to violate any provision of this Code is likewise guilty of such offense or liable for such offense. 1704. Offenses by persons controlling vehicles. It is unlawful for the owner or any other person employing or otherwise directing the driver of any vehicle to require or knowingly to permit the operation of such vehicle upon a highway in any manner contrary to law or this Code. 1705. Person arrested to be taken before the proper court (1) Whenever a person is arrested for any violation of this article 4 punishable as a misdemeanor, the arrested person must be taken without unnecessary delay before a county judge who has jurisdiction of such offense as provided by law, in any of the following cases: (a) When a person arrested demands an appearance without unnecessary delay before a judge; (b) When the person is arrested and charged with an offense under this article causing or contributing to an accident resulting in injury or death to any person; (c) When the person is arrested and charged with DUI, DUI per se, or UDD; (d) When the person is arrested upon a charge of failure to stop in the event of an accident causing death, personal injuries, or damage to property; (e) In any other event when the provisions of section 42-4-1701 (5)(b) and (5)(c) apply. (2) Whenever any person is arrested by a police officer for any violation of this article 4 punishable as a misdemeanor and is not required to be taken before a county judge as provided in Page 262 of 4167 188 subsection (1) of this section, the arrested person must, in the discretion of the officer, either be given a written notice or summons to appear in court as provided in section 42-4-1707 or be taken without unnecessary delay before a county judge who has jurisdiction of such offense when the arrested person does not furnish satisfactory evidence of identity or when the officer has reasonable and probable grounds to believe the person will not appear in court. The court shall provide a bail bond schedule and available personnel to accept adequate security for such bail bonds. (2.5) In any case in which the arrested person who is taken before a county judge pursuant to subsection (1) or (2) of this section is a child, as defined in section 19-1-103, of section 42-4- 1706(2) applies. (3) Any other provision of law to the contrary notwithstanding, a police officer may place a person who has been arrested and charged with DUI, DUI per se, or UDD and who has been given a written notice or summons to appear in court as provided in section 42-4-1707 in a state-approved treatment facility for alcohol use disorders even though entry or other record of such arrest and charge has been made. Placement is governed by article 81 of title 27, except where in conflict with this section. 1706. Juveniles - convicted - arrested and incarcerated - provisions for confinement. (1) Notwithstanding any other provision of law, a child, as defined in section 19-1-103, convicted of a misdemeanor traffic offense pursuant to this article 4, violating the conditions of probation imposed pursuant to this article 4, or found in contempt of court in connection with a violation or alleged violation pursuant to this article 4 must not be confined in a jail, lockup, or other place used for the confinement of adult offenders if the court with jurisdiction is located in a county in which there is a juvenile detention facility operated by or under contract with the department of human services that receives and provides care for children or if the jail is located within forty miles of such facility. The court imposing penalties pursuant to this section may confine a child for a determinate period of time in a juvenile detention facility operated by or under contract with the department of human services. If a juvenile detention facility operated by or under contract with the department of human services is not located within the county or within forty miles of the jail, a child may be confined for up to forty-eight hours in a jail pursuant to section 19-2.5- 305(4). (2)(a) Notwithstanding any other provision of law, a child, as defined in section 19-1-103, arrested and incarcerated for an alleged misdemeanor traffic offense pursuant to this article 4, and not released on bond, must be taken before a county judge who has jurisdiction of such offense within forty-eight hours for fixing of bail and conditions of bond pursuant to section 19-2.5-305(4)(e). The child must not be confined in a jail, lockup, or other place used for the confinement of adult offenders for longer than seventy-two hours, after which the child may be further detained only in a juvenile detention facility operated by or under contract with the department of human services. In calculating time pursuant to this subsection (2), Saturdays, Sundays, and court holidays are included. (b) In any case in which a child is taken before a county judge pursuant to paragraph (a) of this subsection (2), the child's parent or legal guardian shall immediately be notified by the Page 263 of 4167 189 court in which the county judge sits. Any person so notified by the court under this paragraph (b) shall comply with the provisions of section 42-4-1716(4). 1707. Summons and complaint or penalty assessment notice for misdemeanors, petty offenses, and misdemeanor traffic offenses--release—registration. (1)(a) Whenever a person commits a violation of this title punishable as a misdemeanor, petty offense, or misdemeanor traffic offense, other than a violation for which a penalty assessment notice may be issued in accordance with the provisions of section 1701(5)(a), and such person is not required by the provisions of section 42-4-1705, to be arrested and taken without unnecessary delay before a county judge, the peace officer may issue and serve upon the defendant a summons and complaint which must contain the name and address of the defendant, the license number of the vehicle involved, if any, the number of the defendant's driver's license, if any, a citation of the statute alleged to have been violated, a brief description of the offense, the date and approximate location thereof, and the date the summons and complaint is served on the defendant; direct the defendant to appear in a specified county court at a specified time and place; and be signed by the peace officer. The summons and complaint submitted to the department of revenue and the county court before which appearance is required, either by paper or electronic submission, must contain the name and address of the defendant, the license of the vehicle involved, if any, and the number of the defendant's driver's license, if any. (b) A summons and complaint issued and served pursuant to paragraph (a) of this subsection (1) on a minor under the age of eighteen years shall also contain or be accompanied by a document containing an advisement to the minor that the minor's parent or legal guardian, if known, shall be notified by the court from which the summons is issued and be required to appear with the minor at the minor's court hearing or hearings. (2) If a peace officer issues and serves a summons and complaint to appear in any court upon the defendant as described in subsection (1) of this section, any defect in form in such summons and complaint regarding the name and address of the defendant, the license number of the vehicle involved, if any, the number of the defendant's driver's license, if any, the date and approximate location thereof, and the date the summons and complaint is served on the defendant may be cured by amendment at any time prior to trial or any time before verdict or findings upon an oral motion by the prosecuting attorney after notice to the defendant and an opportunity for a hearing. No such amendment shall be permitted if substantial rights of the defendant are prejudiced. No summons and complaint shall be considered defective so as to be cause for dismissal solely because of a defect in form in such summons and complaint as described in this subsection (2). (3)(a) Whenever a penalty assessment notice for a misdemeanor, petty offense, or misdemeanor traffic offense is issued pursuant to section 42-4-1701(5)(a), the penalty assessment notice that the peace officer serves upon the defendant must contain the name and address of the defendant, the license number of the vehicle involved, if any, the number of the defendant's driver's license, if any, a citation of the statute alleged to have been violated, a brief description of the offense, the date and approximate location of the offense, the amount of the penalty prescribed for the offense, the amount of the surcharges pursuant to sections 24-4.1-119(1)(f), 24-4.2-104(1), and 24-33.5-415.6, the number of points, if any, prescribed for the offense pursuant to section 42-2- Page 264 of 4167 190 127, and the date the penalty assessment notice is served on the defendant; must direct the defendant to appear in a specified county court at a specified time and place in the event the penalty and surcharges are not paid; must be signed by the peace officer; and must contain other information as may be required by law to constitute the penalty assessment notice to be a summons and complaint if the prescribed penalty and surcharges are not paid within the time allowed in section 42-4-1701. (a.5) A penalty assessment notice issued and served pursuant to paragraph (a) of this subsection (3) on a minor under the age of eighteen years shall also contain or be accompanied by a document containing: (I) A preprinted declaration stating that the minor's parent or legal guardian has reviewed the contents of the penalty assessment notice with the minor; (II) Preprinted signature lines following the declaration on which the reviewing person described in subparagraph (I) of this paragraph (a.5) shall affix his or her signature and for a notary public to duly acknowledge the reviewing person's signature; and (III) An advisement to the minor that: (A) The minor shall, within seventy-two hours after service of the penalty assessment notice, inform his or her parent or legal guardian that the minor has received a penalty assessment notice; (B) The parent or legal guardian of the minor is required by law to review and sign the penalty assessment notice and to have his or her signature duly acknowledged by a notary public; and (C) Noncompliance with the requirement set forth in sub-subparagraph (B) of this subparagraph (III) shall result in the minor and the parent or legal guardian of the minor being required to appear in court pursuant to sections 42-4-1710(1) (b), 42-4-1710(1.5), and 42-4-1716(4). (b) One copy of said penalty assessment notice shall be served upon the defendant by the peace officer and one copy sent to the supervisor within the department and such other copies sent as may be required by rule of the department to govern the internal administration of this article between the department and the Colorado state patrol. (4)(a) The time specified in the summons portion of said summons and complaint must be at least twenty days after the date such summons and complaint is served, unless the defendant shall demand an earlier court appearance date. (b) The time specified in the summons portion of said penalty assessment notice shall be at least thirty days but not more than ninety days after the date such penalty assessment notice is served, unless the defendant shall demand an earlier court appearance date. (5) The place specified in the summons portion of said summons and complaint or of the penalty assessment notice must be a county court within the county in which the offense is alleged to have been committed. Page 265 of 4167 191 (6) If the defendant is otherwise eligible to be issued a summons and complaint or a penalty assessment notice for a violation of this title 42 punishable as a misdemeanor, petty offense, or misdemeanor traffic offense and if the defendant does not possess a valid Colorado driver's license, the defendant, in order to secure release, must receive information on the penalty assessment notice or summons and complaint that directs the defendant to appear at a specified county court at a specified time and place in the event the penalty and surcharges are not paid, and other information that may be required by law to constitute the penalty assessment to be a summons and complaint if the prescribed penalty and surcharges are not paid within the time allowed in section 42-4-1701. If the defendant does possess a valid Colorado driver's license, the defendant must not be required to execute a promise to appear on the penalty assessment notice or on the summons and complaint. The peace officer shall not require any person who is eligible to be issued a summons and complaint or a penalty assessment notice for a violation of this title 42 to produce or divulge such person's social security number. (7) Any officer violating any of the provisions of this section is guilty of misconduct in office and shall be subject to removal from office. 1708. Traffic Infractions – proper court for hearing, burden of proof - appeal – collateral attack. (1) Every hearing in county court for the adjudication of a traffic infraction, as provided by this article, shall be held before a county court magistrate appointed pursuant to part 5 of article 6 of title 13, or before a county judge acting as a magistrate; except that, whenever a crime and a class A or class B traffic infraction or a crime and both such class A and class B traffic infractions are charged in the same summons and complaint, all charges shall be made returnable before a judge or magistrate having jurisdiction over the crime and the rules of criminal procedure shall apply. Nothing in this part 17 or in part 5 of article 6 of title 13, shall be construed to prevent a court having jurisdiction over a criminal charge relating to traffic law violations from lawfully entering a judgment on a case dealing with a class A or class B traffic infraction. (2) When a court of competent jurisdiction determines that a person charged with a class 1 or class 2 misdemeanor traffic offense is guilty of a lesser-included offense which is a class A or class B traffic infraction, the court may enter a judgment as to such lesser charge. (3) The burden of proof shall be upon the people, and the traffic magistrate shall enter judgment in favor of the defendant unless the people prove the liability of the defendant beyond a reasonable doubt. The district attorney or the district attorney's deputy may, in the district attorney's discretion, enter traffic infraction cases for the purpose of attempting a negotiated plea or a stipulation to deferred prosecution or deferred judgment and sentence but shall not be required to so enter by any person, court, or law, nor shall the district attorney represent the state at hearings conducted by a magistrate or a county judge acting as a magistrate on class A or class B traffic infraction matters. The magistrate or county judge acting as a magistrate shall be permitted to call and question any witness and shall also act as the fact finder at hearings on traffic infraction matters. (4) Appeal from final judgment on a traffic infraction matter shall be taken to the district court for the county in which the magistrate or judge acting as magistrate is located. Page 266 of 4167 192 (5)(a) Except as otherwise provided in paragraph (b) of this subsection (5), no person against whom a judgment has been entered for a traffic infraction as defined in section 42-4-1701(3)(a) shall collaterally attack the validity of that judgment unless such attack is commenced within six months after the date of entry of the judgment. (b) In recognition of the difficulties attending the litigation of stale claims and the potential for frustrating various statutory provisions directed at repeat offenders, former offenders, and habitual offenders, the only exceptions to the time limitations specified in subsection (5)(a) of this section are: (I) A case in which the court entering judgment did not have jurisdiction over the subject matter of the alleged infraction; (II) A case in which the court entering judgment did not have jurisdiction over the person of the violator; (III) Where the court hearing the collateral attack finds by a preponderance of the evidence that the failure to seek relief within the applicable time period was caused by an adjudication of incompetence or by commitment or certification of the violator to an institution for treatment as a person with a mental health disorder; or (IV) Where the court hearing the collateral attack finds that the failure to seek relief within the applicable time period was the result of circumstances amounting to justifiable excuse or excusable neglect. 1709. Penalty assessment notice for traffic offenses - violations of provisions by officer - driver's license. (1) Whenever a penalty assessment notice for a traffic infraction is issued pursuant to section 42- 4-1701(5)(a), the penalty assessment notice that the peace officer serves upon the defendant must contain the name and address of the defendant, the license number of the vehicle involved, if any, the number of the defendant's driver's license, if any, a citation of the statute alleged to have been violated, a brief description of the traffic infraction, the date and approximate location of the offense, the amount of the penalty prescribed for the traffic infraction, the amount of the surcharges pursuant to sections 24-4.1-119(1)(f), 24-4.2-104(1), and 24-33.5-415.6, the number of points, if any, prescribed for the traffic infraction pursuant to section 42-2-127, and the date the penalty assessment notice is served on the defendant; must direct the defendant to appear in a specified county court at a specified time and place in the event the penalty and surcharges are not paid; must be signed by the peace officer; and must contain other information as may be required by law to constitute the penalty assessment notice to be a summons and complaint if the prescribed penalty and surcharges are not paid within the time allowed in section 42-4-1701. (1.5) A penalty assessment notice issued and served pursuant to subsection (1) of this section on a minor under the age of eighteen years shall also contain or be accompanied by a document containing: (a) A preprinted declaration stating that the minor's parent or legal guardian has reviewed the contents of the penalty assessment notice with the minor; Page 267 of 4167 193 (b) Preprinted signature lines following the declaration on which the reviewing person described in paragraph (a) of this subsection (1.5) shall affix his or her signature and for a notary public to duly acknowledge the reviewing person's signature; and (c) An advisement to the minor that: (I) The minor shall, within seventy-two hours after service of the penalty assessment notice, inform his or her parent or legal guardian that the minor has received a penalty assessment notice; (II) The parent or legal guardian of the minor is required by this Code to review and sign the penalty assessment notice and to have his or her signature duly acknowledged by a notary public; and (III) Noncompliance with the requirement set forth in subparagraph (II) of this paragraph (c) shall result in the minor and the parent or legal guardian of the minor being required to appear in court pursuant to sections 1710 (1)(b), 1710 (1.5), and 1716 (4). (2) One copy of said penalty assessment notice shall be served upon the defendant by the peace officer and one copy sent to the clerk of the court and such other copies sent as may be required by ordinance or the court. (3) The time specified in the summons portion of said penalty assessment notice must be at least thirty days but not more than ninety days after the date such penalty assessment notice is served, unless the defendant shall demand an earlier hearing. (4) The place specified in the summons portion of said penalty assessment notice must be a court within the county in which the traffic infraction is alleged to have been committed. (5) Whenever the defendant refuses to accept service of the penalty assessment notice, tender of such notice by the peace officer to the defendant shall constitute service thereof upon the defendant. (6) Any officer violating any of the provisions of this section is guilty of misconduct in office and shall be subject to removal from office. (7)(a) A person is not allowed or permitted to obtain or renew a permanent driver's, minor driver's, or probationary license if such person has, at the time of making application for obtaining or renewing such driver's license: (VI) Issued a check or order to the department to pay a penalty assessment, a driver’s license fee, a license reinstatement fee, or a motor vehicle record fee an such check or order is returned for insufficient funds or a closed account and remains unpaid. For the purposes of this subsection (7), the term “insufficient funds” means having an insufficient balance on account with a bank or other drawee for the payment of a check or order when the check or order is presented for payment within thirty days after issue. Page 268 of 4167 194 1710. Failure to pay penalty for traffic offenses - failure of parent or guardian to sign penalty assessment notice - procedures. (1)(a) Unless a person who has been cited for a traffic infraction pays the penalty assessment as provided in this Code and surcharge thereon pursuant to section 24-4.2-104 (1), the person shall appear at a hearing on the date and time specified in the citation and answer the complaint against such person. (b) Notwithstanding the provisions of paragraph (a) of this subsection (1), a minor under the age of eighteen years shall be required to appear at a hearing on the date and time specified in the citation and answer the complaint if the penalty assessment was timely paid but not signed and notarized in the manner required by section 1709(1.5). (1.5) If a minor under the age of eighteen years is required to appear at a hearing pursuant to subsection (1) of this section, the minor shall so inform his or her parent or legal guardian, and the parent or legal guardian shall also be required to appear at the hearing. (2) If the violator answers that he or she is guilty or if the violator fails to appear for the hearing, judgment shall be entered against the violator. (3) If the violator denies the allegations in the complaint, a final hearing on the complaint shall be held subject to the provisions regarding a speedy trial which are contained in section 18-1-405. If the violator is found guilty or liable at such final hearing or if the violator fails to appear for a final hearing, judgment shall be entered against the violator. (4) If judgment is entered against a violator, the violator shall be assessed an appropriate penalty and surcharge thereon, a docket fee, and other applicable costs authorized by ordinance or the court. If the violator had been cited by a penalty assessment notice, the penalty shall be assessed pursuant to this Code. 1711. Compliance with promise to appear. A defendant may comply with a requirement to appear in court through an appearance by counsel. 1712. Procedure prescribed not exclusive. The foregoing provisions of this Code shall govern all police officers in making arrests without a warrant or issuing citations for violations of this Code, for offenses or infractions committed in their presence, but the procedure prescribed in this Code shall not otherwise be exclusive of any other method prescribed by law or ordinance for the arrest and prosecution of a person for an offense or infraction of like grade. 1713. Conviction record inadmissible in civil action. Except as provided in sections 42-2-201 to 42-2-208, no record of the conviction of any person for any violation of this Code shall be admissible as evidence in any court in any civil action. Page 269 of 4167 195 1714. Traffic violation not to affect credibility of witness. The conviction of a person upon a charge of violating any provision of this Code or other traffic regulation less than a felony shall not affect or impair the credibility of such person as a witness in any civil or criminal proceeding. 1715. Convictions, judgments, and charges recorded - public inspection. (1) Every judge of a court not of record and every clerk of a court of record shall keep a full record of every case in which a person is charged with any violation of this Code or any other law regulating the operation of vehicles on highways. (2) Within ten days after the entry of a judgment, conviction, or forfeiture of bail of a person upon a charge of violating any provision of this Code or other law regulating the operation of vehicles on highways, the judge or clerk of the court in which the entry of a judgment was made or the conviction was had or bail was forfeited shall prepare and immediately forward to the motor vehicle division of the department of revenue an abstract of the record of said court covering every case in which said person had a judgment entered against him or her, was so convicted, or forfeited bail, which abstract must be certified by the person so required to prepare the same to be true and correct. (3) Said abstract must be made upon a form furnished by the department of revenue and shall include the name, address, and driver's license number of the party charged, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or whether bail forfeited, and the amount of the fine or forfeiture as the case may be. 1716. Notice to appear or pay fine - failure to appear - penalty. (1) For the purposes of this part 17, tender by an arresting officer of the summons or penalty assessment notice shall constitute notice to the violator to appear in court at the time specified on such summons or to pay the required fine and surcharge thereon. (2) A person commits a traffic offense if the person fails to appear to answer any offense other than a traffic infraction charged under this part 17. (3) Deleted. (4)(a)(I) Except as otherwise provided in subparagraph (II) of this paragraph (a), a person who is a parent or legal guardian of a minor under the age of eighteen years and who is required to appear in court with the minor pursuant to the provisions of this part 17 including but not limited to section 1706(2)(b) or 1710(1.5), shall appear in court at the location and on the date stated in the penalty assessment notice or in the summons and complaint or as instructed by the court. (II) The provisions of subparagraph (I) of this paragraph (a) concerning the appearance of a parent or legal guardian shall not apply in a case where the minor under the age of eighteen years or the parent of the minor demonstrates to the court by clear and convincing evidence that the minor is an emancipated minor. Page 270 of 4167 196 (III) For purposes of this subsection (4), "emancipated minor" means a minor under the age of eighteen years who has no legal guardian and whose parents have entirely surrendered the right to the care, custody, and earnings of the minor, no longer are under any duty to support or maintain the minor, and have made no provision for the support of the minor. 1717. Conviction - attendance at driver improvement school. (1) Except as otherwise provided in subsection (2) of this section, whenever a person has been convicted of violating any provision of this Code or other law regulating the operation of vehicles on streets or highways, the court, in addition to the penalty provided for the violation or as a condition of either the probation or the suspension of all or any portion of any fine or sentence of imprisonment for a violation other than a traffic infraction, may require the defendant, at the defendant's own expense, if any, to attend and satisfactorily complete a course of instruction at any designated driver improvement school located and operating in the county of the defendant's residence and providing instruction in the traffic laws of this state, instruction in recognition of hazardous traffic situations, and instruction in traffic accident prevention. Such school shall be approved by the court. (2) Whenever a minor under eighteen years of age has been convicted of violating any provision of this Code or other law regulating the operation of vehicles on streets or highways, the court may require the minor to attend and satisfactorily complete a course of instruction at any designated driver improvement school providing instruction in the traffic laws of this state, instruction in recognition of hazardous traffic situations, and instruction in traffic accident prevention. The court may impose the driver improvement school requirement in addition to the penalty provided for the violation or as a condition of either the probation or the suspension of all or any portion of any fine or sentence of imprisonment for the violation. The minor, or the minor's parent or parents who appear in court with the minor in accordance with section 1716 (4), of this Code, shall pay the cost of attending the designated driver improvement school. The court shall make available information on scholarships and other financial assistance available to help minors or their parents offset the costs of driver improvement school. Such school shall be approved by the court. 1718. Electronic transmission of data—standards. A municipal court, county court, district court, or any court with jurisdiction over violations of traffic rules and laws shall not dismiss any charges or refuse to enforce any traffic law or rule solely because a penalty assessment notice or summons and complaint issued pursuant to the standards established in this section is in electronic form or contains an electronic signature. 1719. Violations--commercial driver's license--compliance with federal regulation. As to a holder of a commercial driver's license as defined in section 42-2-402 or the operator of a commercial motor vehicle as defined in section 42-2-402, a court shall not defer imposition of judgment or allow a person to enter into a diversion program that would prevent a driver's conviction for any violation, in any type of motor vehicle, of a traffic control law from appearing on the driver's record. Page 271 of 4167 197 Part 18 Vehicles Abandoned On Public Property 1801. Legislative declaration. This jurisdiction hereby declares that the purpose of this part 18 is to provide procedures for the removal, storage, and disposal of motor vehicles that are abandoned on public property. 1802. Definitions. As used in this part 18, unless the context otherwise requires: (1) “Abandoned motor vehicle” means: (a) Any motor vehicle left unattended on public property, including any portion of a highway right-of-way, outside the limits of any incorporated town or city for a period of forty-eight hours or longer; (b) Any motor vehicle left unattended on public property, including any portion of a highway right-of-way, within the limits of any incorporated town or city for a period longer than any limit prescribed by any local ordinance concerning the abandonment of motor vehicles or, if there is no such ordinance, for a period of forty-eight hours or longer; (c) Any motor vehicle stored in an impound lot at the request of a law enforcement agency and not removed from the impound lot within seventy-two hours after the time the law enforcement agency notifies the owner or agent that the vehicle is available for release upon payment of any applicable charges or fees; (d) A motor vehicle fitted with an immobilization device that is on public property and deemed to be abandoned pursuant to section 1105(7)(c); or (e) Any motor vehicle left unattended at a regional transportation district parking facility, as defined in section 32-9-119.9(6), that is deemed to be abandoned pursuant to section 32-9- 119.9(4)(b). (2) “Agency employee” means any employee of the department of transportation or other municipal, county, or city and county agency responsible for highway safety and maintenance. (3) (Deleted by amendment, L. 2009, (HB09- 1279), ch. 170, p. 763, § 1, effective August 5, 2009.) (4) “Appraisal” means a bona fide estimate of reasonable market value made by any motor vehicle dealer licensed in this state or by any employee of the Colorado state patrol or of any sheriff’s or police department whose appointment for such purpose has been reported by the head of the appointing agency to the executive director of the department. (5) “Disabled motor vehicle” means any motor vehicle that is stopped or parked, either attended or unattended, upon a public right-of-way and that is, due to any mechanical failure or any inoperability because of a collision, a fire, or any other such injury, temporarily inoperable under its own power. Page 272 of 4167 198 (6) “Impound lot” means a parcel of real property that is owned or leased by a government or operator at which motor vehicles are stored under appropriate protection. (7) “Operator” means a person or a firm licensed by the public utilities commission as a towing carrier. (8) “Public property” means any real property having its title, ownership, use, or possession held by the federal government; this state; or any county, municipality, as defined in section 31-1- 101(6), or other governmental entity of this state. (9) “Responsible law enforcement agency” means the law enforcement agency authorizing the original tow of an abandoned motor vehicle, whether or not the vehicle is towed to another law enforcement agency’s jurisdiction. 1803. Abandonment of motor vehicles - public property. (1)(a) No person shall abandon any motor vehicle upon public property. Any sheriff, undersheriff, deputy sheriff, police officer, marshal, Colorado state patrol officer, or agent of the Colorado bureau of investigation who finds a motor vehicle that such officer has reasonable grounds to believe has been abandoned shall require such motor vehicle to be removed or cause the same to be removed and placed in storage in any impound lot designated or maintained by the law enforcement agency employing such officer. (b) If an operator is used by the responsible law enforcement agency to tow or impound the motor vehicle pursuant to paragraph (a) of this subsection (1), the operator shall be provided with written authorization to possess the motor vehicle on a document that includes, without limitation, the year, make, model, vehicle identification number, and storage location. (2) Whenever any sheriff, undersheriff, deputy sheriff, police officer, marshal, Colorado state patrol officer, agent of the Colorado bureau of investigation, or agency employee finds a motor vehicle, vehicle, cargo, or debris, attended or unattended, standing upon any portion of a highway right-of-way in such a manner as to constitute an obstruction to traffic or proper highway maintenance, such officer or agency employee is authorized to cause the motor vehicle, vehicle, cargo, or debris to be moved to eliminate any such obstruction; and neither the officer, the agency employee, nor anyone acting under the direction of such officer or employee shall be liable for any damage to such motor vehicle, vehicle, cargo, or debris occasioned by such removal. The removal process is intended to clear the obstruction, but such activity should create as little damage as possible to the vehicle, or cargo, or both. No agency employee shall cause any motor vehicle to be moved unless such employee has obtained approval from a local law enforcement agency of a municipality, county, or city and county, the Colorado bureau of investigation, or the Colorado state patrol. (3) The operator shall be responsible for removing the motor vehicle and the motor vehicle debris from the site pursuant to this section, but shall not be required to remove or clean up any hazardous or commercial cargo the motor vehicle carried. The commercial carrier shall be responsible for removal or clean-up of the hazardous or commercial cargo. Page 273 of 4167 199 1804. Report of abandoned motor vehicles - owner’s opportunity to request hearing. (1)(a) Upon having an abandoned motor vehicle towed, the responsible law enforcement agency shall ascertain, if possible, whether or not the motor vehicle has been reported stolen, and, if so reported, such agency shall recover and secure the motor vehicle and notify its rightful owner and terminate the abandonment proceedings under this part 18. The responsible law enforcement agency and the towing carrier shall have the right to recover from the owner their reasonable costs and fees for recovering and securing the motor vehicle. Nothing in this section shall be construed to authorize fees for services that were not provided or that were provided by another person or entity. (b) As soon as possible, but in no event later than ten working days after having an abandoned motor vehicle towed, the responsible law enforcement agency shall report the same to the department by first-class or certified mail, by personal delivery, or by internet communication. The report shall be on a form prescribed and supplied by the department. (c) The report shall contain the following information: (I) The fact of possession, including the date possession was taken, the location of storage of the abandoned motor vehicle and the location from which it was towed, the identity of the responsible law enforcement agency, and the business address, telephone number, and name and signature of a representative from the responsible law enforcement agency; (II) If applicable, the identity of the operator possessing the abandoned motor vehicle, together with the operator’s business address and telephone number and the carrier number assigned by the public utilities commission; and (III) A description of the abandoned motor vehicle, including the make, model, color, and year, the number, issuing state, and expiration date of the license plate, and the vehicle identification number. (2) Upon its receipt of a report made under subsection (1) or (6) of this section, the department shall search its records to ascertain the last-known owner of record for the abandoned motor vehicle and any lienholder as those persons are represented in department records. In the event the vehicle is determined by the department not to be registered in the state of Colorado, the report required by this section shall state that no Colorado title record exists regarding the vehicle. Within ten working days after such receipt, the department shall complete its search and shall transmit such report, together with all relevant information, to the responsible law enforcement agency. (3) The responsible law enforcement agency, upon its receipt of the report required under subsection (2) of this section, shall determine, from all available information and after reasonable inquiry, whether the abandoned motor vehicle has been reported stolen, and, if so reported, such agency shall recover and secure the motor vehicle and notify its rightful owner and terminate the abandonment proceedings under this part 18. The responsible law enforcement agency and the operator shall have the right to recover from the owner their reasonable costs to recover and secure the motor vehicle. Page 274 of 4167 200 (4)(a) If the responsible law enforcement agency, does not use an operator to store the motor vehicle, the responsible law enforcement agency, within ten working days after the receipt of the report from the department within ten working days after the receipt of the report from the department required in subsection (2) of this section, shall notify by certified mail the owner of record, if ascertained, and any lienholder, if ascertained, of the fact of such report and the claim of any lien under section 1806 and shall send a copy of such notice to the operator. The notice shall contain information that the identified motor vehicle has been reported abandoned to the department, the location of the motor vehicle and the location from which it was towed, and that, unless claimed within thirty calendar days after the date the notice was sent as determined from the postmark on the notice, the motor vehicle is subject to sale. (b) If the responsible law enforcement agency uses an operator to store the motor vehicle, the responsible law enforcement agency within ten working days after the receipt of the report from the department required in subsection (2) of this section, shall notify by first class mail the owner of record, if ascertained, and any lienholder, if ascertained, of the fact of the report and the claim of any lien under section 1806. The notice shall contain information that the identified motor vehicle has been reported abandoned to the department, the location of the motor vehicle and the location from where it was towed, and that from the postmark on the notice, the motor vehicle is subject to sale. (c) The responsible law enforcement agency shall include in the notices sent pursuant to either paragraph (a) or (b) of this subsection (4), a statement informing the owner of record of the opportunity to request a hearing concerning the legality of the towing of the abandoned motor vehicle, and the responsible law enforcement agency to contact for that purpose. (d) If an owner or lienholder requests a hearing, the owner or lienholder shall make the request in writing to the responsible law enforcement agency within ten days after the notice was sent, as determined by the postmark. Such hearing, if requested, shall be conducted pursuant to the provisions of section 24-4-105, if the responsible law enforcement agency is the Colorado state patrol. If a local political subdivision is the responsible law enforcement agency, such hearing shall be conducted pursuant to local hearing procedures. If it is determined at the hearing that the motor vehicle was illegally towed upon request from a law enforcement agency, all towing charges and storage fees assessed against the vehicle shall be paid by such law enforcement agency. (5) The department shall maintain department-approved notice forms satisfying the requirements of subsection (4) of this section and shall make them available for use by local law enforcement agencies. (6)(a)(I) Except as provided in subparagraph (II) of this paragraph (a), an operator or its agent shall, no less than two days, but no more than ten days after a motor vehicle has been towed, determine who the owner is and if there is a lienholder and send a notice by certified mail, return receipt requested, to the last address of the owner, and any lienholder, as determined from the records of the department or from a national search performed by the department (II) If the department conducts a national title search in accordance with paragraph (b) of subsection (2) of this section, each day elapsing between the department being notified and the department returning information on the motor vehicle as a result of the search does Page 275 of 4167 201 not count against the tow operator’s ten-day deadline to contact the motor vehicle’s owner or any lienholder. This subparagraph (II) does not affect daily storage fees. (III) The cost of complying with this paragraph (a) is a cost of towing; except that the total of all costs of complying with this section shall not exceed one hundred fifty dollars. To comply with this subsection (6), the notice to the owner and lienholder must be sent within five days after the operator receives the information from the department and must contain the following information: (A) The fact of possession, including the date possession was taken, the location of storage of the motor vehicle, and the location from which it was towed; (B) The identity of the operator possessing the abandoned motor vehicle, together with the operator’s business address and telephone number and the carrier number assigned by the public utilities commission; and (C) A description of the motor vehicle, including the make, model, color, and year and the number, issuing state, and expiration date of the license plate, or any other indicia of the motor vehicle’s state of origin. (b) The operator shall not be entitled to recover any daily storage fees from the day the vehicle is towed until the day the owner and lienholder are notified, unless the operator reasonably attempts to notify the owner and lienholder by the date specified in paragraph (a) of this subsection (6). Sending a notice by certified mail, return receipt requested, to the owner and the lienholder as represented in department records shall be deemed a reasonable attempt to notify the owner and the lienholder. Failure to notify the owner and the lienholder due to the receipt of erroneous information from the department or a failure of the law enforcement agency to comply with this section shall not cause the loss of such storage fees accrued from the date the vehicle is towed until the owner and the lienholder receive such notice. 1805. Appraisal of abandoned motor vehicles - sale. (1)(a) Abandoned motor vehicles or motor vehicles abandoned in an impound lot subsequent to a tow from public property shall be appraised by a law enforcement officer or an independent motor vehicle dealer and sold by the responsible law enforcement agency at a public or private sale held not less than thirty days nor more than sixty days after the date the notice required by section 42- 4-1804(4), was mailed. (b) Subject to section 1804, the operator may continue to charge for daily storage fees until the responsible law enforcement agency complies with this section. (2) If the appraised value of an abandoned motor vehicle sold pursuant to this section is three hundred fifty dollars or less, the sale shall be made only for the purpose of junking, scrapping, or dismantling such motor vehicle, and the purchaser thereof shall not, under any circumstances, be entitled to a Colorado certificate of title. The responsible law enforcement agency making the sale shall cause to be executed and delivered a bill of sale, together with a copy of the report described in section 1804(2), to the person purchasing such motor vehicle. The bill of sale shall state that the purchaser acquires no right to a certificate of title for such vehicle. The responsible Page 276 of 4167 202 law enforcement agency making the sale shall promptly submit a report of sale, with a copy of the bill of sale, to the department and shall deliver a copy of such report of sale to the purchaser of the motor vehicle. Upon receipt of any report of sale with supporting documents on any sale made pursuant to this subsection (2), the department shall purge the records for such vehicle as provided in section 42-4-1810(1)(b), and shall not issue a new certificate of title for such vehicle. Any certificate of title issued in violation of this subsection (2) shall be void. (3) If the appraised value of an abandoned motor vehicle sold pursuant to this section is more than three hundred fifty dollars, the sale may be made for any intended use by the purchaser. The responsible law enforcement agency making the sale shall cause to be executed and delivered a bill of sale, together with a copy of the report described in section 1804 (2), and an application for a Colorado certificate of title signed by a legally authorized representative of the responsible law enforcement agency conducting the sale, to the person purchasing such motor vehicle. The purchaser of the abandoned motor vehicle shall be entitled to a Colorado certificate of title upon application and proof of compliance with the applicable provisions of the “Certificate of Title Act”, part 1 of Code 6 of this title, within fourteen days after the sale; except that, if such vehicle is less than five years old, including the current year model, and if the department does not provide the name of an owner of record to the law enforcement agency, the purchaser shall apply for a bonded title and the department shall issue such bonded title upon the applicant meeting the qualifications for such title pursuant to rules promulgated by the department. (4)(a) Transferring the title of a motor vehicle to an operator to satisfy a debt created pursuant to this part 18 shall not be deemed to be the sale of a motor vehicle. (b) Nothing in this section requires an operator to be licensed pursuant to Part 1 of article 6 of title 12, for purposes of conducting activities under this part 18. 1806. Liens upon towed motor vehicles. (1) Whenever an operator who is registered with the department in accordance with subsection (2) of this section recovers, removes, or stores a motor vehicle upon instructions from any duly authorized law enforcement agency or peace officer who has determined that such motor vehicle is an abandoned motor vehicle, such operator shall have a possessory lien, subject to the provisions of section 1804 (6), upon such motor vehicle and its attached accessories or equipment for all fees for recovering, towing, and storage as authorized in section 1809 (2) (a). Such lien shall be a first and prior lien on the motor vehicle, and such lien shall be satisfied before all other charges against such motor vehicle. (2)(a) No operator shall have a possessory lien upon a motor vehicle described in subsection (1) of this section unless said operator is registered with the department. Such registration shall include the following information: (I) The location of the operator’s tow business; (II) The hours of operation of the operator’s tow business; (III) The location of the impound lot where vehicles may be claimed by the owner of record; and Page 277 of 4167 203 (IV) Any information relating to a violation of any provision contained in this part 18 or of any other state law or rule relating to the operation, theft, or transfer of motor vehicles. (b) The executive director of the department may cancel the registration of any operator if an administrative law judge finds, after affording the operator due notice and an opportunity to be heard, that the operator has violated any of the provisions set forth in this part 18. 1807. Perfection of lien. The lien provided for in section 1806 shall be perfected by taking physical possession of the motor vehicle and its attached accessories or equipment and by sending to the department within ten working days after the time possession was taken a notice containing the information required in the report to be made under the provisions of section 1804. In addition, such report shall contain a declaration by the operator that a possessory lien is claimed for all past, present, and future charges, up to the date of redemption, and that the lien is enforceable and may be foreclosed pursuant to the provisions of this part 18. 1808. Foreclosure of lien. Any motor vehicle and its attached accessories and equipment or personal property within or attached to such vehicle that are not redeemed by the last known owner of record or lienholder after such owner or lienholder has been sent notice of such lien by the operator or responsible law enforcement agency shall be sold in accordance with the provisions of section 1805. 1809. Proceeds of sale. (1) If the sale of any motor vehicle, personal property, and its attached accessories or equipment under the provisions of section 42-4-1805, produces an amount less than or equal to the sum of all charges of the operator who has perfected his or her lien, then the operator shall have a valid claim against the owner for the full amount of such charges, less the amount received upon the sale of such motor vehicle. Failure to register such vehicle in accordance with this title shall constitute a waiver of such owner’s right to be notified pursuant to this part 18 for the purposes of foreclosure of the lien pursuant to section 1808. Such charges shall be assessed in the manner provided for in paragraph (a) of subsection (2) of this section. (2) If the sale of any motor vehicle and its attached accessories or equipment under the provisions of section 1805 produces an amount greater than the sum of all charges of the operator who has perfected his or her lien: (a) The entity receiving the proceeds shall first satisfy the operator’s reasonable fee arising from the sale of the motor vehicle and the cost and fees of towing and storing the abandoned motor vehicle, subject to a maximum charge specified in rules promulgated by the public utilities commission that govern nonconsensual tows by towing carriers. (b) Any balance remaining after payment pursuant to paragraph (a) of this subsection (2) shall be paid to the responsible law enforcement agency to satisfy the cost of mailing notices, having an appraisal made, advertising and selling the motor vehicle, and any other costs of the responsible law enforcement agency including administrative costs, taxes, fines, and penalties due. Page 278 of 4167 204 (b.5) In the case of the sale of an abandoned motor vehicle described in section 42-4- 1802(1)(d), any balance remaining after payment pursuant to paragraph (b) of this subsection (2) shall be paid to the law enforcement agency that is owed a fee for the court-ordered placement of an immobilization device on the motor vehicle pursuant to section 1105. (c) Any balance remaining after payment pursuant to paragraphs (b) and (b.5) of this subsection (2) shall be forwarded to the department, and the department may recover from such balance any taxes, fees, and penalties due and payable to it with respect to such motor vehicle. (d) Any balance remaining after payment pursuant to paragraph (c) of this subsection (2) shall be paid by the department: First, to any lienholder of record as the lienholder’s interest may appear upon the records of the department; second, to any owner of record as the owner’s interest may so appear; and then to any person submitting proof of such person’s interest in such motor vehicle upon the application of such lienholder, owner, or person. If such payments are not requested and made within one hundred twenty days after the sale of the abandoned motor vehicle, the balance shall be transmitted to the state treasurer, who shall credit the same to the highway users tax fund for allocation and expenditure as specified in section 43-4-205(5.5)(e). (3) The provisions of paragraphs (a) and (b) of subsection (2) of this section shall not apply to a responsible law enforcement agency operating under a towing contract. 1810. Transfer and purge of certificates of title. (1) Whenever any motor vehicle is abandoned and removed and sold in accordance with the procedures set forth in this part 18, the department shall transfer the certificate of title or issue a new certificate of title or shall purge such certificate of title in either of the following cases: (a) Upon a person’s submission to the department of the necessary documents indicating the abandonment, removal, and subsequent sale or transfer of a motor vehicle, the department shall transfer the certificate of title or issue a new certificate of title for such abandoned motor vehicle. (b) Upon a person’s submission of documents indicating the abandonment, removal, and subsequent wrecking or dismantling of a motor vehicle, including all sales of abandoned motor vehicles with an appraised value under three hundred fifty dollars that are conducted pursuant to section 1805(2), the department shall keep the records for one year and then purge the records for such abandoned motor vehicle; except that the department shall not be required to wait before purging the records if the purchaser is a licensed motor vehicle dealer. 1811. Penalty. Unless otherwise specified in this part 18, any person who knowingly violates any of the provisions of this part 18 commits a petty offense and shall be punished as provided in section 18-1.3-503. Page 279 of 4167 205 1812. Exemptions. (1) Nothing in this part 18 shall be construed to include or apply to the driver of any disabled motor vehicle who temporarily leaves such vehicle on the paved or improved and main-traveled portion of a highway, subject, when applicable, to the emergency lighting requirements set forth in section 230. (2) Nothing in this part 18 shall be construed to include or apply to authorized emergency motor vehicles while such vehicles are actually and directly engaged in, coming from, or going to an emergency. 1813. Local regulations. (1) The state or any county, municipality as defined in section 31-1-101(6), or other governmental entity of the state may execute a contract or contracts for the removal, storage, or disposal of abandoned motor vehicles within the area of its authority to effectuate the provisions of this part 18. (2) The provisions of this part 18 may be superseded by ordinance or resolution of a municipality, as defined in section 31-1-101, or any county that sets forth procedures for the removal, storage, and disposal of abandoned or illegally parked motor vehicles on public property; except that such ordinance or resolution shall not deprive an operator of a lien attached and perfected under this part 18. 1814. Violation of motor vehicle registration or inspection laws - separate statutory provision. Owners of motor vehicles impounded by the Colorado state patrol for violation of motor vehicle registration or inspection laws shall receive notice and the opportunity for a hearing pursuant to the provisions of section 42-13-106. If such a motor vehicle is found to be abandoned in accordance with the provisions of said section 42-13-106, the notice and hearing provisions to owners of motor vehicles under other sections of this part 18 shall be deemed to have been met for purposes of proper disposition of the motor vehicle under the terms of this part 18. Nevertheless, the notice and hearing provisions of the other sections of this part 18 as to lienholders are applicable and shall not be deemed to have been met by the provisions of section 42-13-106, or this section. Page 280 of 4167 206 Part 19 School Bus Requirements 1901. School buses - equipped with supplementary brake retarders. (1)(a) On and after July 1, 1991, except as provided in paragraph (a) of subsection (2) of this section, passengers of any school bus being used on mountainous terrain by any school district of the state shall not occupy the front row of seats and any seats located next to the emergency doors of such school bus during the period of such use. (b) For purposes of this section, mountainous terrain shall include, but shall not be limited to, any road or street which the department of transportation has designated as being located on mountainous terrain. (2)(a) The provisions of paragraph (a) of subsection (1) of this section shall not apply to: (I) Passengers of any school bus which is equipped with retarders of appropriate capacity for purposes of supplementing any service brake systems of such school bus; or (II) Any passenger who is adequately restrained in a fixed position pursuant to federal and state standards. (b) The general assembly encourages school districts to consider installing only electromagnetic retarders or state-of-the-art retarders for purposes of supplementing service brake systems of school buses when such retarders are acquired on or after April 17, 1991. The general assembly also encourages school districts to consider purchasing only those new school buses which are equipped with external public address systems and retarders of appropriate capacity for purposes of supplementing any service brake systems of such school buses. (3) For purposes of this section and section 1902: (a) “Mountainous terrain” means that condition where longitudinal and transverse changes in the elevation of the ground with respect to a road or street are abrupt and where benching and sidehill excavation are frequently required to obtain acceptable horizontal and vertical alignment. (b) Repealed 1902. School vehicle drivers - special training required. On and after July 1, 1992, the driver of any school vehicle as defined in section 42-1-102(88.5), owned or operated by or for any school district in this state shall have successfully completed training, approved by the department of education, concerning driving on mountainous terrain, as defined in section 1901(3)(a), and driving in adverse weather conditions. 1903. School buses - stops - signs - passing. (1)(a) The driver of a motor vehicle upon any highway, road, or street, upon meeting or overtaking from either direction any school bus that has stopped, shall stop the vehicle at least twenty feet Page 281 of 4167 207 before reaching the school bus if visual signal lights as specified in subsection (2) of this section have been actuated on the school bus. The driver shall not proceed until the visual signal lights are no longer being actuated. The driver of a motor vehicle shall stop when a school bus that is not required to be equipped with visual signal lights by subsection (2) of this section stops to receive or discharge schoolchildren. (b)(I) A driver of any school bus who observes a violation of paragraph (a) of this subsection (1) shall notify the driver’s school district transportation dispatcher. The school bus driver shall provide the school district transportation dispatcher with the color, basic description, and license plate number of the vehicle involved in the violation, information pertaining to the identity of the alleged violator, and the time and the approximate location at which the violation occurred. Any school district transportation dispatcher who has received information by a school bus driver concerning a violation of paragraph (a) of this subsection (1) shall provide such information to the appropriate law enforcement agency or agencies. (II) A law enforcement agency may issue a citation on the basis of the information supplied to it pursuant to subparagraph (I) of this paragraph (b) to the driver of the vehicle involved in the violation. (2)(a) Every school bus as defined in section 42-1-102(88), other than a small passenger-type vehicle having a seating capacity of not more than fifteen, used for the transportation of schoolchildren shall: (I) Bear upon the front and rear of such school bus plainly visible and legible signs containing the words “SCHOOL BUS” in letters not less than eight inches in height; and (II) Display eight visual signal lights meeting the requirements of 49 CFR 571.108 or its successor regulation. (b)(I) The red visual signal lights shall be actuated by the driver of the school bus whenever the school bus is stopped for the purpose of receiving or discharging schoolchildren, is stopped because it is behind another school bus that is receiving or discharging passengers, or, except as provided in subsection (4) of this section, is stopped because it has met a school bus traveling in a different direction that is receiving or discharging passengers and at no other time; but such lights need not be actuated when a school bus is stopped at locations where the local traffic regulatory authority has by prior written designation declared such actuation unnecessary. (II) A school bus shall be exempt from the provisions of subparagraph (I) of this paragraph (b) when stopped for the purpose of discharging or loading passengers who require the assistance of a lift device only when no passenger is required to cross the roadway. Such buses shall stop as far to the right off the roadway as possible to reduce obstruction to traffic. (c) The alternating flashing yellow lights shall be actuated at least two hundred feet prior to the point where the bus is to be stopped for the purpose of receiving or discharging schoolchildren, and the red lights shall be actuated only at the time the bus is actually stopped. Page 282 of 4167 208 (3) Every school bus used for the transportation of schoolchildren, except those small passenger- type vehicles described in subsection (1) of this section, shall be equipped with school bus pedestrian safety devices that comply with 49 CFR 571.131 or its successor regulation. (4) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway. For the purposes of this section, “highway with separate roadways” means a highway that is divided into two or more roadways by a depressed, raised, or painted median or other intervening space serving as a clearly indicated dividing section or island. (5) Every school bus shall stop as far to the right of the roadway as possible before discharging or loading passengers; except that the school bus may block the lane of traffic when a passenger being received or discharged is required to cross the roadway. When possible, a school bus shall not stop where the visibility is obscured for a distance of two hundred feet either way from the bus. The driver of a school bus that has stopped shall allow time for any vehicles that have stopped behind the school bus to pass the school bus, if such passing is legally permissible where the school bus is stopped, after the visual signal lights, if any, are no longer being displayed or actuated and after all children who have embarked or disembarked from the bus are safe from traffic. (6)(a) Except as provided in paragraph (b) of this subsection (6), any person who violates any provision of paragraph (a) of subsection (1) of this section commits a class 2 misdemeanor traffic offense. (b) Any person who violates the provisions of paragraph (a) of subsection (1) of this section commits a class 1 misdemeanor traffic offense if such person has been convicted within the previous five years of a violation of paragraph (a) of subsection (1) of this section. (7) The provisions of this section shall not apply in the case of public transportation programs for pupil transportation under section 22-51-104(1)(c). 1904. Regulations for school buses - regulations on discharge of passengers - penalty - exception. (1) The state board of education, by and with the advice of the executive director of the department, shall adopt and enforce regulations not inconsistent with this Code to govern the operation of all school buses used for the transportation of schoolchildren and to govern the discharge of passengers from such school buses. Such regulations shall prohibit the driver of any school bus used for the transportation of schoolchildren from discharging any passenger from the school bus which will result in the passenger’s immediately crossing a major thoroughfare, except for two-lane highways when such crossing can be done in a safe manner, as determined by the local school board in consultation with the local traffic regulatory authority, and shall prohibit the discharging or loading of passengers from the school bus onto the side of any major thoroughfare whenever access to the destination of the passenger is possible by the use of a road or street which is adjacent to the major thoroughfare. For the purposes of this section, a “major thoroughfare” means a freeway, any U.S. highway outside any incorporated limit, interstate highway, or highway with four or more lanes, or a highway or road with a median separating Page 283 of 4167 209 multiple lanes of traffic. Every person operating a school bus or responsible for or in control of the operation of school buses shall be subject to said regulations. (2) Any person operating a school bus under contract with a school district who fails to comply with any of said regulations is guilty of breach of contract, and such contract shall be cancelled after notice and hearing by the responsible officers of such district. (3) Any person who violates any provision of this commits a petty offense. (4) The provisions of this section shall not apply in the case of public transportation programs for pupil transportation under section 22-51-104(1)(c). Page 284 of 4167 210 Appendices Definitions: As used in this Code, unless the context otherwise requires: (1) "Acceleration lane" means a speed-change lane, including tapered areas, for the purpose of enabling a vehicle entering a roadway to increase its speed to a rate at which it can more safely merge with through traffic. (2) "Administrator" means the property tax administrator. (3) "Alley" means a street or highway intended to provide access to the rear or side of lots or buildings in urban areas and not intended for the purpose of through vehicular traffic. (4) "Apportioned registration" means registration of a vehicle pursuant to a reciprocal agreement under which the fees paid for registration of such vehicle are ultimately divided among the several jurisdictions in which the vehicle travels, based upon the number of miles traveled by the vehicle in each jurisdiction or upon some other agreed criterion. (4.5) "Appurtenance" means a piece of equipment that is affixed or attached to a motor vehicle or trailer and is used for a specific purpose or task, including awnings, support hardware, and extractable equipment. "Appurtenance" does not include any item or equipment that is temporarily affixed or attached to the exterior of a motor vehicle for the purpose of transporting such vehicle. (5) "Authorized agent" means the county clerk and recorder in each county in the state of Colorado, the clerk and recorder in the city and county of Broomfield, and the manager of revenue or such other official of the city and county of Denver as may be appointed by the mayor to perform the functions related to the registration of, titling of, or filing of liens on motor vehicles, wheeled trailers, semitrailers, trailer coaches, special mobile machinery, off-highway vehicles, and manufactured homes. (6) "Authorized emergency vehicle" means such vehicles of the fire department, police vehicles, ambulances, and other special-purpose vehicles as are publicly owned and operated by or for a governmental agency to protect and preserve life and property in accordance with state laws regulating emergency vehicles; said term also means the following if equipped and operated as emergency vehicles in the manner prescribed by state law: (a) Privately owned vehicles as are designated by the state motor vehicle licensing agency necessary to the preservation of life and property; or (b) Privately owned tow trucks approved by the public utilities commission to respond to vehicle emergencies (7) "Authorized service vehicle" means such highway or traffic maintenance vehicles as are publicly owned and operated on a highway by or for a governmental agency the function of which requires the use of service vehicle warning lights as prescribed by state law and such other vehicles having a public service function, including, but not limited to, public utility vehicles and Page 285 of 4167 211 tow trucks, as determined by the department of transportation under section 42-4-214(5) Some vehicles may be designated as both an authorized emergency vehicle and an authorized service vehicle. (7.5) "Autocycle" means a three-wheeled motorcycle that does not use handlebars or any other device that is directly connected to a single front wheel to steer and in which the driver and each passenger ride in a fully or partly enclosed seating area that is equipped with safety belts for all occupants that constitute a safety belt system, as defined in section 42-4-237(1)(b). For purposes of this subsection (7.5), “partly enclosed seating area” means a seating area that is entirely or partly surrounded on the sides by the frame or body of a vehicle but is not fully enclosed. (7.7) “Automated driving system” means hardware and software that are collectively capable, without any intervention or supervision by a human operator, of performing all aspects of the dynamic driving task for a vehicle on a part-time or full-time basis, described as levels 4 and 5 automation in SAE International’s standard J3016, as it existed in September 2016. (8) "Automobile" means any motor vehicle. (8.5) "BAC" means either: (a) A person's blood alcohol content, expressed in grams of alcohol per one hundred milliliters of blood as shown by analysis of the person's blood; or (b) A person's breath alcohol content, expressed in grams of alcohol per two hundred ten liters of breath as shown by analysis of the person's breath. (9) "Base jurisdiction" means the state, province, or other jurisdiction which receives, apportions, and remits to other jurisdictions moneys paid for registration of a vehicle pursuant to a reciprocal agreement governing registration of vehicles. (10) "Bicycle" means a vehicle propelled by human power applied to pedals upon which a person may ride having two tandem wheels or two parallel wheels and one forward wheel, all of which are more than fourteen inches in diameter. (10.5) "Bulk electronic transfer" means the mass electronic transfer of files, updated files, or portions thereof, in the same form as those files exist within the department. (11) "Business district" means the territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to motels, banks, office buildings, railroad stations, and public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway. (12) "Calendar year" means the twelve calendar months beginning January 1 and ending December 31 of any year. (13) "Camper coach" means an item of mounted equipment, weighing more than five hundred pounds, which when temporarily or permanently mounted on a motor vehicle adapts such vehicle for use as temporary living or sleeping accommodations. Page 286 of 4167 212 (14) "Camper trailer" means a wheeled vehicle having an overall length of less than twenty-six feet, without motive power, which is designed to be drawn by a motor vehicle over the public highways and which is generally and commonly used for temporary living or sleeping accommodations. (15) "Chauffeur" means every person who is employed for the principal purpose of operating a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or property. (16) "Classified personal property" means any personal property which has been classified for the purpose of imposing thereon a graduated annual specific ownership tax. (16.5) “Colorado DRIVES” is an acronym that stands for “Colorado driver’s license, record, identification, and vehicle enterprise solution” and means the driver and vehicle services information technology system that the department uses to provide driver, identification, and vehicle title registration services to Colorado residents. (17) "Commercial carrier" means any owner of a motor vehicle, truck, laden or unladen truck tractor, trailer, or semitrailer used in the business of transporting persons or property over the public highways for profit, hire, or otherwise in any business or commercial enterprise. (17.5) "Commercial vehicle" means a vehicle used to transport cargo or passengers for profit, hire, or otherwise to further the purposes of a business or commercial enterprise. This subsection (17.5) shall not apply for purposes of sections 42-4-235 and 42-4-707(1). (18) "Controlled-access highway" means every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway. (19) "Convicted" or "conviction" means: (a) A plea of guilty or nolo contendere; (b) A verdict of guilty; (c) An adjudication of delinquency under title 19; (d) The payment of a penalty assessment under section 42-4-1701, or this Code, if the summons states clearly the points to be assessed for the offense; and (e) As to a holder of a commercial driver's license as defined in section 42-2-402, or the operator of a commercial motor vehicle as defined in section 42-2-402; (I) An unvacated adjudication of guilt or a determination by an authorized administrative hearing that a person has violated or failed to comply with the law; (II) An unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court; Page 287 of 4167 213 (III) The payment of a fine or court cost or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated; or (IV) A deferred sentence. (20) "Court" means any municipal court, county court, district court, or any court having jurisdiction over offenses against traffic regulations and laws. (21) "Crosswalk" means that portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections or any portion of a roadway distinctly indicated for pedestrian crossing by lines or other marking on the surface. (22) "Dealer" means every person engaged in the business of buying, selling, or exchanging vehicles of a type required to be registered under articles 1 to 4 of title 42, and who has an established place of business for such purpose in this state. (23) "Deceleration lane" means a speed-change lane, including tapered areas, for the purpose of enabling a vehicle that is to make an exit to turn from a roadway to slow to the safe speed on the ramp ahead after it has left the mainstream of faster-moving traffic. (23.5) "Declared gross vehicle weight" means the combined weight of the vehicle or combination vehicle and its cargo when operated on the public highways of this state. Such weight shall be declared by the vehicle owner at the time the vehicle is registered. Accurate records shall be kept of all miles operated by each vehicle over the public highways of this state by the owner of each vehicle. (24) "Department" means the Department of Revenue of this state acting directly or through its duly authorized officers and agents. (24.5) "Distinctive special license plate" means a special license plate that is issued to a person because such person has an immutable characteristic or special achievement honor. Such special achievement honor shall not include a common achievement such as graduating from an institution of higher education. Such special achievement shall include honorable service in the armed forces of the United States. "Distinctive special license plate" shall include a license plate that is issued to a person or the person's family to honor such person's service in the armed forces. (25) "Divided highway" means a highway with separated roadways usually for traffic moving in opposite directions, such separation being indicated by depressed dividing strips, raised curbings, traffic islands, or other physical barriers so constructed as to impede vehicular traffic or otherwise indicated by standard pavement markings or other official traffic control devices as prescribed in the state traffic control manual. (26) "Drive-away transporter" or "tow-away transporter" means every person engaged in the transporting of vehicles which are sold or to be sold and not owned by such transporter, by the drive-away or tow-away methods, where such vehicles are driven, towed, or transported singly, or by saddlemount, towbar, or fullmount methods, or by any lawful combination thereof. (27) "Driver" means every person, including a minor driver under the age of twenty-one years, who drives or is in actual physical control of a vehicle. Page 288 of 4167 214 (27.3) "DUI" means driving under the influence, as defined in section 42-4-1301(1)(f), and use of the term shall incorporate by reference the offense described in section 42-4-1301(1)(a). (27.5) "DUI per se" means driving with a BAC of 0.08 or more, and use of the term shall incorporate by reference the offense described in section 42-4-1301(2)(a). (27.7) "DWAI" means driving while ability impaired, as defined in section 42-4-1301(1)(g), and use of the term shall incorporate by reference the offense described in section 42-4-1301(1)(b). (27.8) (a) “Dynamic driving task” means all of the following aspects of driving: (I) Operational aspects, including steering, braking, accelerating, and monitoring the vehicle and the roadway; and (II) Tactical aspects, including responding to events, determining when to change lanes, turning, using signals, and other related actions. (b) “Dynamic driving task” does not include strategic aspects, including determining destinations or way points, of driving. (28) "Effective date of registration period certificate" means the month in which a fleet owner must register all fleet vehicles. (28.5) "Electrical assisted bicycle" means a vehicle having two or three wheels and fully operable pedals, and an electric motor not exceeding seven hundred fifty watts of power. Electrical assisted bicycles are further required to conform to one of three classes as follows: (a) “Class 1 electrical assisted bicycle” means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour. (b) “Class 2 electrical assisted bicycle” means an electrical assisted bicycle equipped with a motor that provides assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour. (c) “Class 3 electrical assisted bicycle” means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight miles per hour. (28.7) "Electric personal assistive mobility device" or "EPAMD" means a self-balancing, nontandem two-wheeled device, designed to transport only one person, that is powered solely by an electric propulsion system producing an average power output of no more than seven hundred fifty watts. (28.8)(a) “Electric Scooter” means a device: (I) Weighing less than one hundred pounds; (II) With handlebars and an electric motor; (III) That is powered by an electric motor; and Page 289 of 4167 215 (IV) That has a maximum speed of twenty miles per hour on a paved level surface when powered solely by the electric motor. (b) “Electric Scooter” does not include an electrical assisted bicycle, EPAMD, motorcycle, or low-power scooter. (29) "Empty weight" means the weight of any motor vehicle or trailer or any combination thereof, including the operating body and accessories, as determined by weighing on a scale approved by the department. (30) "Essential parts" means all integral parts and body parts, the removal, alteration, or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle. (31) "Established place of business" means the place actually occupied either continuously or at regular periods by a dealer or manufacturer where such dealer's or manufacturer's books and records are kept and a large share of his or her business transacted. (31.5) “Exceptions processing” means the procedures the department uses to assist persons who are unable for reasons beyond their control to present all the necessary documents required by the department and must rely on alternative documents to establish identity, date of birth, or United States citizenship in lieu of lawful presence in the United States. (32) "Explosives and hazardous materials" means any substance so defined by the code of federal regulations, title 49, chapter 1, parts 173.50 through 173.389. (33) "Farm tractor" means every implement of husbandry designed and used primarily as a farm implement for drawing plows and mowing machines and other implements of husbandry. (34) "Flammable liquid" means any liquid which has a flash point of seventy degrees Fahrenheit or less, as determined by a Tagliabue or equivalent closed-cup test device. (35) "Fleet operator" means any resident who owns or leases ten or more motor vehicles, trailers, or pole trailers and who receives from the department a registration period certificate in accordance with article 3 of title 42. (36) "Fleet vehicle" means any motor vehicle, trailer, or pole trailer owned or leased by a fleet operator and registered pursuant to section 42-3-125. (37) "Foreign vehicle" means every motor vehicle, trailer, or semitrailer which is brought into this state otherwise than in the ordinary course of business by or through a manufacturer or dealer and which has not been registered in this state. (38) "Fullmount" means a vehicle which is mounted completely on the frame of the first vehicle or last vehicle in a saddlemount combination. (39) "Garage" means any public building or place of business for the storage or repair of automobiles. Page 290 of 4167 216 (39.5) "Golf car" means a self-propelled vehicle not designed primarily for operation on roadways and that has: (a) A design speed of less than twenty miles per hour; (b) At least three wheels in contact with the ground; (c) An empty weight of not more than one thousand three hundred pounds; and (d) A carrying capacity of not more than four persons. (40) "Graduated annual specific ownership tax" means an annual tax imposed in lieu of an ad valorem tax upon the personal property required to be classified by the general assembly pursuant to the provisions of section 6 of article X of the state constitution. (41) "Gross dollar volume" means the total contracted cost of work performed or put in place in a given county by the owner or operator of special mobile machinery. (41.5) "Group special license plate" means a special license plate that is not a distinctive plate and is issued to a group of people because such people have a common interest or affinity. (42) "High occupancy vehicle lane" means a lane designated pursuant to the provisions of section 42-4-1012(1), or this Code. (43) "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, or the entire width of every way declared to be a public highway by any law of this state. (43.3) “Human operator” means a natural person in the vehicle with immediate access to controls for steering, braking, and acceleration. (43.5) "Immediate family" means a person who is related by blood, marriage, or adoption. (44)(a) On and after July 1, 2000, "Implement of husbandry" means every vehicle that is designed, adapted, or used for agricultural purposes. It also includes equipment used solely for the application of liquid, gaseous, and dry fertilizers. Transportation of fertilizer, in or on the equipment used for its application, shall be deemed a part of application if it is incidental to such application. It also includes hay balers, hay stacking equipment, combines, tillage and harvesting equipment, agricultural commodity handling equipment, and other heavy movable farm equipment primarily used on farms or in a livestock production facility and not on the highways. Trailers specially designed to move such equipment on highways shall, for the purposes of part 5 of article 4 of this title, be considered as component parts of such implements of husbandry. (b) Effective July 1, 2013, for purposes of this section, "implements of husbandry" includes personal property valued by the county assessor as silvicultural. (45) "Intersection" means the area embraced within the prolongation of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Where a highway includes two roadways Page 291 of 4167 217 thirty feet or more apart, every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet or more apart, every crossing of two roadways of such highways shall be regarded as a separate intersection. The junction of an alley with a street or highway does not constitute an intersection. (45.5) "Kit vehicle" means a passenger-type motor vehicle assembled, by other than a licensed manufacturer, from a manufactured kit that includes a prefabricated body and chassis and is accompanied by a manufacturer's statement of origin. (46) "Lane" means the portion of a roadway for the movement of a single line of vehicles. (47) "Laned highway" means a highway the roadway of which is divided into two or more clearly marked lanes for vehicular traffic. (47.3) “Last-known address” means: (a) For notifications regarding motor vehicles, the most recent mailing address provided on a vehicle registration or vehicle registration mailing address change notification provided in accordance with section 42-3-113, or the corrected address as reported by an address correction service licensed by the United States postal service; (b) For notifications regarding driving privileges, driver’s licenses, or identification cards when there is a driver’s license or identification card on file with the department, the most recent of either: (I) The mailing address provided by an applicant for a driver’s license or identification card; (II) The mailing address stated on an address change notification provided to the department pursuant to subsection (47.3)(a) of this section; or (III) The corrected address as reported by an address correction service licensed by the United States postal service; (c) For notifications regarding driving privileges or identification cards when there is no driver’s license or identification card on file with the department, the most recent address shown on any other record on file with the department pursuant to this article 1 and as may be corrected by an address correction service licensed by the United States postal service. (47.5) "Lien" means a security interest in a motor or off-highway vehicle under article 9 of title 4, and this article. (48) "Local authorities" means every county, municipal, and other local board or body having authority to adopt local police regulations under the constitution and laws of this state. (48.5)(a) "Low-power scooter" means a self-propelled vehicle designed primarily for use on the roadways with not more than three wheels in contact with the ground, no manual clutch, and either of the following: Page 292 of 4167 218 (I) A cylinder capacity not exceeding fifty cubic centimeters if powered by internal combustion; or (II) A wattage not exceeding four thousand four hundred seventy-six if powered by electricity. (b) "Low-power scooter" shall not include a toy vehicle, bicycle, electrical assisted bicycle, wheelchair, or any device designed to assist mobility-impaired people who use pedestrian rights-of-way. (48.6) "Low-speed electric vehicle" means a vehicle that: (a) Is self-propelled utilizing electricity as its primary propulsion method; (b) Has at least three wheels in contact with the ground; (c) Does not use handlebars to steer; and (d) Exhibits the manufacturer's compliance with 49 CFR 565 or displays a seventeen-character vehicle identification number as provided in 49 CFR 565. (49) "Manufacturer" means any person, firm, association, corporation, or trust, whether resident or nonresident, who manufactures or assembles new and unused motor vehicles of a type required to be registered under articles 1 to 4 of this title. (50) "Manufacturer's suggested retail price" means the retail price of such motor vehicle suggested by the manufacturer plus the retail price suggested by the manufacturer for each accessory or item of optional equipment physically attached to such vehicle prior to the sale to the retail purchaser. (51) "Markings" means all lines, patterns, words, colors, or other devices, except signs, set into the surface of, applied upon, or attached to the pavement or curbing or to objects within or adjacent to the roadway, conforming to the state traffic control manual and officially placed for the purpose of regulating, warning, or guiding traffic. (52) "Metal tires" means all tires the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material. (52.5) "Military vehicle" means a vehicle of any size or weight that is valued for historical purposes, that was manufactured for use by any nation's armed forces, and that is maintained in a condition that represents its military design and markings. (53) "Minor driver's license" means the license issued to a person who is at least sixteen years of age but who has not yet attained the age of twenty-one years. (54) (Deleted by amendment, L. 2010, (HB 10-1172), ch. 320, p. 1486, § 1, effective October 1, 2010.) (55) "Motorcycle" means an autocycle or a motor vehicle that uses handlebars or any other device connected to the front wheel to steer and that is designed to travel on not more than three Page 293 of 4167 219 wheels in contact with the ground, except that the term does not include a farm tractor, low- speed electric vehicle, or low-power scooter. (56) (Deleted by amendment, L. 2009, (HB 09-1026), ch.281, p. 1260, § 22, effective October 1, 2009). (57) "Motor home" means a vehicle designed to provide temporary living quarters and which is built into, as an integral part of or a permanent attachment to, a motor vehicle chassis or van. (58) "Motor vehicle" means any self-propelled vehicle that is designed primarily for travel on the public highways and that is generally and commonly used to transport persons and property over the public highways or a low-speed electric vehicle; except that the term does not include electrical assisted bicycles, low-power scooters, wheelchairs, or vehicles moved solely by human power. For the purposes of the offenses described in sections 42-2-128, 42-4-1301, 42-4-1301.1, and 42-4-1401, for farm tractors and off-highway vehicles, as defined in section 33-14.5-101(3), operated on streets and highways, "motor vehicle" includes a farm tractor or an off-highway vehicle that is not otherwise classified as a motor vehicle. For the purposes of sections 42-2-127, 42-2-127.7, 42-2-128, 42-2-138, 42-2-206, 42-4-1301, and 42-4-1301.1, "motor vehicle" includes a low-power scooter.. (59) (Deleted by amendment, L. 2009, (HB 09-1026), ch. 281, p. 1260, § 22, effective October 1, 2009.) (60) "Mounted equipment" means any item weighing more than five hundred pounds that is permanently mounted on a vehicle, including mounting by means such as welding or bolting the equipment to a vehicle. (60.3) "Multipurpose trailer" means a wheeled vehicle, without motive power, that is designed to be drawn by a motor vehicle over the public highways. A "multipurpose trailer" is generally and commonly used for temporary living or sleeping accommodation and transporting property wholly upon its own structure and is registered as a vehicle. (60.5) (Deleted by amendment, L. 2009, (SB 09-075), ch. 418, p. 2320, § 4, effective August 5, 2009.) (61) "Noncommercial or recreational vehicle" means a truck, or unladen truck tractor, operated singly or in combination with a trailer or utility trailer or a motor home, which truck, or unladen truck tractor, or motor home is used exclusively for personal pleasure, enjoyment, other recreational purposes, or personal or family transportation of the owner, lessee, or occupant and is not used to transport cargo or passengers for profit, hire, or otherwise to further the purposes of a business or commercial enterprise. (62) "Nonresident" means every person who is not a resident of this state. (63) "Off-highway vehicle" shall have the same meaning as set forth in section 33-14.5-101(3). (64) "Official traffic control devices" means all signs, signals, markings, and devices, not inconsistent with this title, placed or displayed by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. Page 294 of 4167 220 (65) "Official traffic control signal" means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed. (66) "Owner" means a person who holds the legal title of a vehicle; or, if a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or if a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of articles 1 to 4 of title 42. The term also includes parties otherwise having lawful use or control or the right to use or control a vehicle for a period of thirty days or more. (67) "Park" or "parking" means the standing of a vehicle, whether occupied or not, other than very briefly for the purpose of and while actually engaged in loading or unloading property or passengers. (68) "Pedestrian" means any person afoot or any person using a wheelchair. (68.5)(a) "Persistent drunk driver" means any person who: (I) Has been convicted of or had his or her driver's license revoked for two or more alcohol- related driving violations; (II) Continues to drive after a driver's license or driving privilege restraint has been imposed for one or more alcohol-related driving offenses; (III) Drives a motor vehicle while the amount of alcohol in such person's blood, as shown by analysis of the person's blood or breath, was 0.15 or more grams of alcohol per one hundred milliliters of blood or 0.15 or more grams of alcohol per two hundred ten liters of breath at the time of driving or within two hours after driving; or (IV) Refuses to take or complete, or to cooperate in the completing of, a test of his or her blood, breath, saliva, or urine as required by section 18-3-106(4) or 18-3-205(4), or section 42-4-1301.1(2). (b) Nothing in this subsection (68.5) shall be interpreted to affect the penalties imposed under this title for multiple alcohol- or drug-related driving offenses, including, but not limited to, penalties imposed for violations under sections 42-2-125(1)(g) and (1)(i) and 42-2-202(2). (69) "Person" means a natural person, estate, trust, firm, copartnership, association, corporation, or business entity. (69.5) “Plug-in electric motor vehicle” means: (a) a motor vehicle that has received an acknowledgement of certification from the federal internal revenue service that the vehicle qualifies for the plug-in electric drive vehicle credit set forth in 26 U.S.C. sec. 30D as amended, or successor statute; or (b) any motor vehicle that can recharged from an external source of electricity and that uses electricity stored in a rechargeable battery pack to propel or contribute to the propulsion of the vehicle’s drive wheels. Page 295 of 4167 221 (70) "Pneumatic tires" means all tires inflated with compressed air. (71) "Pole," "pipe trailer," or "dolly" means every vehicle of the trailer type having one or more axles not more than forty-eight inches apart and two or more wheels used in connection with a motor vehicle solely for the purpose of transporting poles or pipes and connected with the towing vehicle both by chain, rope, or cable and by the load without any part of the weight of said dolly resting upon the towing vehicle. All the registration provisions of articles 1 to 4 of title 42, shall apply to every pole, pipe trailer, or dolly. (72) "Police officer" means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (72.2) "Power takeoff equipment" means equipment that is attached to a motor vehicle and is powered by the motor that powers the locomotion of the motor vehicle. (72.5) "Primary user" means an organization that collects bulk data for the purpose of in-house business use. (72.7) "Principal office" means the office in this state designated by a fleet owner as its principal place of business. (73) "Private road" or "driveway" means every road or driveway not open to the use of the public for purposes of vehicular travel. (74) Repealed. (75) "Railroad sign or signal" means any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. (76) "Reciprocal agreement" or "reciprocity" means an agreement among two or more states, provinces, or other jurisdictions for coordinated, shared, or mutual enforcement or administration of laws relating to the registration, operation, or taxation of vehicles and other personal property in interstate commerce. The term includes without limitation the "international registration plan" and any successor agreement providing for the apportionment, among participating jurisdictions, of vehicle registration fees or taxes. (77) "Reconstructed vehicle" means any vehicle which has been assembled or constructed largely by means of essential parts, new or used, derived from other vehicles or makes of vehicles of various names, models, and types or which, if originally otherwise constructed, has been materially altered by the removal of essential parts or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles. (78) "Registration period" or "registration year" means any consecutive twelve-month period. (79) "Registration period certificate" means the document issued by the department to a fleet owner, upon application of a fleet owner, which states the month in which registration is required for all motor vehicles owned by the fleet owner. Page 296 of 4167 222 (80) "Residence district" means the territory contiguous to and including a highway not comprising a business district when the frontage on such highway for a distance of three hundred feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business. (81) "Resident" means any person who owns or operates any business in this state or any person who has resided within this state continuously for a period of ninety days or has obtained gainful employment within this state, whichever shall occur first. (82) "Right-of-way" means the right of one vehicle operator or pedestrian to proceed in a lawful manner in preference to another vehicle operator or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other. (83) "Road" means any highway. (84) "Road tractor" means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon independently or any part of the weight of a vehicle or load so drawn. (85) "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk, berm, or shoulder even though such sidewalk, berm, or shoulder is used by persons riding bicycles or other human-powered vehicles and exclusive of that portion of a highway designated for exclusive use as a bicycle path or reserved for the exclusive use of bicycles, human-powered vehicles, or pedestrians. In the event that a highway includes two or more separate roadways, "roadway" refers to any such roadway separately but not to all such roadways collectively. (86) "Saddlemount combination" means a combination of vehicles in which a truck or laden or unladen truck tractor tows one or more additional trucks or laden or unladen truck tractors and in which each such towed truck or laden or unladen truck tractor is connected by a saddle to the frame or fifth wheel of the vehicle immediately in front of such truck or laden or unladen truck tractor. For the purposes of this subsection (86), "saddle" means a mechanism which connects the front axle of a towed vehicle to the frame or fifth wheel of a vehicle immediately in front of such towed vehicle and which functions like a fifth wheel kingpin connection. A saddlemount combination may include one fullmount. (87) "Safety zone" means the area or space officially set aside within a highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone. (88) "School bus" means a motor vehicle that is designed and used specifically for the transportation of school children to or from a public or private school or a school-related activity, whether the activity occurs within or without the territorial limits of any district and whether or not the activity occurs during school hours. “School bus” does not include informal or intermittent arrangements, such as sharing of actual gasoline expense or participation in a car pool, for the transportation of school children to or from a public or private school or a school-related activity. Page 297 of 4167 223 (88.5)(a) "School vehicle" means a motor vehicle, including but not limited to a school bus, that is owned by or under contract to a public or private school and operated for the transportation of school children to or from school or a school-related activity. (b) "School vehicle" does not include: (I) Informal or intermittent arrangements, such as sharing of actual gasoline expense or participation in a car pool, for the transportation of school children to or from a public or private school or a school-related activity; or (II) A motor vehicle that is owned by or under contract to a child care center, as defined in section 26-6-102 (5), and that is used for the transportation of children who are served by the child care center. (89) "Semitrailer" means any wheeled vehicle, without motor power, designed to be used in conjunction with a laden or unladen truck tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such laden or unladen truck tractor and that is generally and commonly used to carry and transport property over the public highways. (90) "Sidewalk" means that portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians. (91) "Snowplow" means any vehicle originally designed for highway snow and ice removal or control or subsequently adapted for such purposes which is operated by or for the state of Colorado or any political subdivision thereof. (92) "Solid rubber tires" means every tire made of rubber other than a pneumatic tire. (93) "Specially constructed vehicle" means any vehicle which has not been originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles. (93.5)(a) "Special mobile machinery" means machinery that is pulled, hauled, or driven over a highway and is either: (I) A vehicle or equipment that is not designed primarily for the transportation of persons or cargo over the public highways; or (II) A motor vehicle that may have been originally designed for the transportation of persons or cargo over the public highways, and has been redesigned or modified by the addition of mounted equipment or machinery, and is only incidentally operated or moved over the public highways. (b) "Special mobile machinery" includes vehicles commonly used in the construction, maintenance, and repair of roadways, the drilling of wells, and the digging of ditches. (94) "Stand" or "standing" means the halting of a vehicle, whether occupied or not, other than momentarily for the purpose of and while actually engaged in receiving or discharging passengers. (95) "State" means a state, territory, organized or unorganized, or district of the United States. Page 298 of 4167 224 (96) "State motor vehicle licensing agency" means the department of revenue. (97) "State traffic control manual" means the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways", including any supplement thereto, as adopted by the transportation commission. (98) "Steam and electric trains" includes: (a) "Railroad", which means a carrier of persons or property upon cars, other than street cars, operated upon stationary rails; (b) "Railroad train", which means a steam engine, electric, or other motor, with or without cars coupled thereto, operated upon rails, except streetcars; (c) "Streetcar", which means a car other than a railroad train for transporting persons or property upon rails principally within a municipality. (99) "Stinger-steered" means a semitrailer combination configuration wherein the fifth wheel is located on a drop frame located behind and below the rearmost axle of the power unit. (100) "Stop" or "stopping" means, when prohibited, any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device. (101) "Stop line" or "limit line" means a line which indicates where drivers shall stop when directed by an official traffic control device or a police officer. (101.5) "Street rod vehicle" means a vehicle manufactured in 1948 or earlier with a body design that has been modified for safe road use. (102) "Supervisor" means the executive director of the department of revenue or head of a group, division, or subordinate department appointed by the executive director in accordance with article 35 of title 24. (102.5) "Surge brakes" means a system whereby the brakes of a trailer are actuated as a result of the forward pressure of the trailer against the tow vehicle during deceleration. (102.7) "Temporary special event license plate" means a special license plate valid for a limited time period that is issued to a person or group of people in connection with a special event. "Temporary special event license plate" does not mean a special plate for the purposes of section 42-3-207. (103) "Through highway" means every highway or portion thereof on which vehicular traffic is given preferential right-of-way and at the entrances to which other vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on such through highway in obedience to a stop sign, yield sign, or other official traffic control device when such signs or devices are erected as provided by law. (103.5)(a) "Toy vehicle" means any vehicle, that has wheels and is not designed for use on public highways or for off-road use. Page 299 of 4167 225 (b) "Toy vehicle" includes, but is not limited to, gas-powered or electric-powered vehicles commonly known as mini bikes, "pocket" bikes, kamikaze boards, go-peds, and stand-up scooters. (c) “Toy vehicle” does not include off-highway vehicles or snowmobiles. (104) "Traffic" means pedestrians, ridden or herded animals, and vehicles, streetcars, and other conveyances either singly or together while using any highway for the purposes of travel. (104.5) “Traffic Investigation or Survey” means a documented, data driven, comprehensive analysis using methods consistent with an Engineering Study as defined in the latest edition of the Manual on Uniform Traffic Control Devices. (105) "Trailer" means any wheeled vehicle, without motive power, which is designed to be drawn by a motor vehicle and to carry its cargo load wholly upon its own structure and that is generally and commonly used to carry and transport property over the public highways. The term includes, but is not limited to, multipurpose trailers as defined in subsection (60.3) of this section. (106)(a) "Trailer coach" means a wheeled vehicle having an overall length, excluding towing gear and bumpers, of not less than twenty-six feet, without motive power, that is designed and generally and commonly used for occupancy by persons for residential purposes, in temporary locations, and that may occasionally be drawn over the public highways by a motor vehicle and is licensed as a vehicle. (b) "Manufactured home" means any preconstructed building unit or combination of preconstructed building units, without motive power, where such unit or units are manufactured in a factory or at a location other than the residential site of the completed home, which is designed and commonly used for occupancy by persons for residential purposes, in either temporary or permanent locations, and which unit or units are not licensed as a vehicle. (107) "Transporter" means every person engaged in the business of delivering vehicles of a type required to be registered under articles 1 to 4 of this title from a manufacturing, assembling, or distributing plant to dealers or sales agents of a manufacturer. (108) "Truck" means any motor vehicle equipped with a body designed to carry property and which is generally and commonly used to carry and transport property over the public highways. (109) "Truck tractor - laden" or "laden truck tractor" means any motor vehicle carrying cargo that is generally and commonly designed and used to draw, and is drawing a semitrailer or trailer and its cargo load over the public highways. (109.5) "Truck tractor - unladen" or "unladen truck tractor" means any motor vehicle not carrying cargo that is generally used to draw a semitrailer or trailer and its cargo load over the public highways. (109.7) “UDD” means underage drinking and driving, and use of the term shall incorporate by reference the offense described in section 42-4-1301(2)(d). Page 300 of 4167 226 (110) "Used vehicle" means every motor vehicle which has been sold, bargained for, exchanged, or given away, or has had the title transferred from the person who first acquired it from the manufacturer or importer, and has been so used as to have become what is commonly known as "secondhand" within the ordinary meaning thereof. (111) "Utility trailer" means any wheeled vehicle weighing two thousand pounds or less, without motive power, which is designed to be drawn by a motor vehicle and which is generally and commonly used to carry and transport personal effects, articles of household furniture, loads of trash and rubbish, or not to exceed two horses over the public highways. (112) "Vehicle" means a device that is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks. "Vehicle" includes, without limitation, a bicycle, electrical assisted bicycle, or EPAMD, but does not include a wheelchair, off-highway vehicle, snowmobile, farm tractor, or implement of husbandry designed primarily or exclusively for use and used in agricultural operations or any device moved exclusively over stationary rails or tracks or designed to move primarily through the air. (112.5) "Vendor" means an organization that collects bulk data for the purpose of reselling the data. (113) "Wheelchair" means a motorized or nonmotorized wheeled device designed for use by a person with a physical disability. Page 301 of 4167 227 Appendix Part A. Instructions For Adopting The Model Traffic Code By Reference (Based on parts 1 and 2 of article 16 of title 31 and part 4 of article 15 of title 30; and on section 43-2-135(1)(g)) 1. Adopting Ordinance (see specimen) (a) Form and Content. The form and content of the adopting ordinance should be patterned as closely as possible after the specimen. (b) Exceptions. Any and all sections of the Code that are inapplicable to the municipality or county and are thereby to be deleted must be enumerated in the adopting ordinance. (c) Penalties. Any penalties shall be subject to sections 31-16-204 or 30-35-404. 2. Introduction: The Board of Trustees, City Council or Board of County Commissioners shall meet and introduce the adopting ordinance. 3. Notice of Hearing: (see specimen) After introduction of the adopting ordinance the Board of Trustees, City or Town Council, Board of County Commissioners must schedule a public hearing and give notice of such hearing. Notice of the hearing shall be published twice in a newspaper published or having a general circulation in the municipality, once at least eight days preceding the hearing, and once at least fifteen days preceding the hearing. If there is no such newspaper the notice shall be posted in the same manner as provided for the posting of a proposed ordinance. 4. Content of Notice: The notice of public hearing shall state the time and place of the hearing and shall also state that copies of the Code, being considered for adoption, are on file at the office of the City (Town) Clerk or County Clerk and are open to public inspection during regular business hours. The notice shall also contain brief explanation of the purpose of the Code, the subject matter, the name and address of the agency by which it has been developed, and the date of publication of the Code. See sections 30-35-403 or 31-16-203. 5. Copies of Code: A link to the current CDOT Model Traffic Code must be posted online along with a link to an accessible pdf of the Model Traffic Code adopted by the City (Town) Clerk or County Clerk. Not fewer than three copies of the Code, all certified to be true copies by the City (Town) Clerk or County Clerk, shall be filed in the Clerk’s office fifteen days preceding the public hearing. The current CDOT Model Traffic Code, along with an electronic copy adopted by the City (Town) Clerk or County Clerk will be available online, without charge. The current CDOT Model Traffic Code is available here: https://www.codot.gov/safety/traffic-safety/assets/documents Page 302 of 4167 228 6. Deletions or Additions: After the hearing, the governing body may amend, adopt or reject the adopting ordinance. If any deletions or additions are made in the Code by the Board of Trustees, City or Town Council, or Board of County Commissioners they must be duly noted in the adopting ordinance and will be available online, without charge on the City (Town) or Country website. 7. Colorado Department of Transportation Approval: Approval by the Colorado Department of Transportation is required by law for all regulations pertaining to streets which are state highways. This approval will take the form of a written certification signed by the Chief Engineer or designee. Approval should be sought following the public hearing and before the actual publication of the adopting ordinance so that the Department will have time to certify its approval of the regulations and schedules prior to the date the ordinance is calendared to become effective. 8. Requirements for Department Approval: For purposes of review and approval the Colorado Department of Transportation requires an authenticated copy of the adopting ordinance. A draft copy of the adopting ordinance may be submitted for review by CDOT prior to authentication. 9. Publication or Posting of Ordinance: After passage by the City or Town Council, or Board of County Commissioners the adopting ordinance shall be published in full in some newspaper published within the corporate limits, or if there be none, then in some newspaper or online news publication of general circulation in the municipality or county. If there is no such newspaper or online news publication, the notice shall be posted in the same manner as provided for the posting of a proposed ordinance. 10. Effective Date: The ordinance shall neither take effect nor be in force until the expiration of thirty days after it has been published or posted, except when the ordinance contains a special clause declaring that an emergency exists and that the ordinance is necessary for the immediate preservation of the public health and safety. The excepted ordinance shall take effect upon adoption and compliance with requirements for the mayor's approval as provided by section 31-16-104, provided it has been passed by an affirmative vote of two-thirds of the members of the governing body of the City or Town. However, in no case shall regulations pertaining to state highways become effective until approval has been obtained from the Colorado Department of Transportation. 11. Public Record: After adoption of the Code by reference, the City, Town or County Clerk shall keep on file at least three copies for public inspection while the ordinance is in force, except that one of these copies may be placed in the office of the chief enforcement officer instead of in the office of the Clerk. Page 303 of 4167 229 Appendix Part B: Specimen Ordinance For Adopting The Model Traffic Code By Reference ORDINANCE NO. _______________ TITLE: AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE (CITY TOWN COUNTY) OF _________________ COLORADO; ADOPTING BY REFERENCE THE 2020 EDITION OF THE "MODEL TRAFFIC CODE” REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL, BOARD OF TRUSTEES, BOARD OF COUNTY COMMISSIONERS OF THE (CITY TOWN COUNTY) OF ____________ COLORADO: Section 1. Adoption. Pursuant to parts 1 and 2 of article 16 of title 31 and part 4 of article 15 of title 30, there is hereby adopted by reference the 2020 edition of the "Model Traffic Code” promulgated and published as such by the Colorado Department of Transportation, Traffic Safety and Engineering Services, 2829 W Howard Place, Denver, CO 80204. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the City, Town, County. The purpose of this Ordinance and the Code adopted herein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and the nation. Three (3) copies of the Model Traffic Code adopted herein are now filed in the office of the Clerk of the (City Town County) of ______________ Colorado, and may be inspected during regular business hours. Section 2. Deletions. The 2024 edition of the Model Traffic Code is adopted as if set out at length save and except the following articles and/or sections which are declared to be inapplicable to this municipality and are therefore expressly deleted: (The adopting municipality or county should list and cross reference to affected sections any deletions. If none, in the above statement write "none". – Delete from Ordinance) Section 3. Additions or Modifications. The said adopted Code is subject to the following additions or modifications: (The adopting municipality or county should set forth in full any additions to or modifications of the adopted Code. If none, so indicate by inserting the word "None." – Delete from Ordinance)) Section 4. Penalties. The following penalties, herewith set forth in full, shall apply to this ordinance: (a) It is unlawful for any person to violate any of the provisions adopted in this ordinance. (b) Every person convicted of a violation of any provision adopted in this ordinance shall be punished by a surcharge in accordance with 42-4-1701(4)(e)(II). Page 304 of 4167 230 (For use by Home Rule Towns and Cities– Delete from Ordinance)) (c) In addition to Section 4. Penalties.(b), every person convicted of a violation of any provision adopted in this ordinance shall be punished by a fine not exceeding ________ dollars ($_______), or by imprisonment not exceeding ______ (00) days, or by both such fine and imprisonment. {For use by Counties} (c) Every person convicted of a violation of any provision adopted in this ordinance shall be punished by a minimum fine in accordance with Section 1701, not exceeding _______ ($______), or by both such fine and imprisonment not exceeding ________(00) days. (d) Section 5. Application. This ordinance shall apply to every street, alley, sidewalk area, driveway, park, and to every other public way or public place or public parking area, either within or outside the corporate limits of this municipality or county, the use of which this municipality or county has jurisdiction and authority to regulate. Section 6. Validity. If any part or parts of this ordinance are for any reason held to be invalid such decision shall not affect the validity of the remaining portions of this ordinance. The (City Town Council) (Board of County Commissioners) hereby declares that it would have passed this ordinance and each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid. Section 7. Repeal. Existing or parts of ordinances (identifying ordinance number may be cited) covering the same matters as embraced in this ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance. Section 8. Interpretation. This ordinance shall be so interpreted and construed as to effectuate its general purpose to conform with the State's uniform system for the regulation of vehicles and traffic. Article and section headings of the ordinance and adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof. Section 9. Certification. The City, Town, County Clerk shall certify to the passage of this ordinance and make not less than three copies of the adopted Code available for inspection by the public during regular business hours. PASSED BY THE (CITY COUNCIL - BOARD OF COUNTY COMMISSIONERS) AFTER A PUBLIC HEARING AND SIGNED THIS ______ DAY OF _________ , 20___ . Page 305 of 4167 231 ______________________________ Mayor or Chairman (SEAL) (CITY TOWN COUNTY) OF _____________________ ATTEST: __________________________ (City Town County) Clerk Page 306 of 4167 232 Appendix Part C: Specimen Notice Of Hearing NOTICE is hereby given of a public hearing before the (City Town Council Board of County Commissioners) of ___________ Colorado, at ______(time) of the _____ day of _______, 20____, at _________(location)for the purpose of considering the adoption by reference of the "Model Traffic Code" 2020 edition, as the traffic ordinance of the (City, Town, County) of _____________, Colorado. Copies of the Model Traffic Code are on file at the office or the website of the (City, Town, County) Clerk and may be inspected during regular business hours. If enacted as an ordinance of this City or County the Model Traffic Code will not be published in full, but in accordance with state law, copies will be kept on file and on the website of the (City, Town, County). The "Model Traffic Code" 2024 edition is published by the Colorado Department of Transportation, Traffic Engineering and Safety Branch, 2829 West Howard Place, Denver, CO 80204. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the (City Town County). The purpose of the Ordinance and the Code adopted therein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and the nation. At its next regular meeting following this hearing, the (City Town Council) (Board of County Commissioners) will consider passage of the adopting Ordinance. This notice given and published by the order of the (City Town Council) (Board of County Commissioners). Dated this ____________ day of _______, 20___. (City Town County) Of _________________, Colorado __________________ (City Town County) Clerk First notice of hearing __________________ 20__ Second notice of hearing _________________ 20__ Page 307 of 4167 233 Appendix Part D: Specimen Certification - Posting Of Ordinance State Of Colorado County Of ______________________ Town Of ______________________ The undersigned Clerk of the Town of ____________ Colorado, hereby certifies, upon resolution of the Board of Trustees, that there is no newspaper published within or which has a general circulation within the municipality; that upon the authorization and direction of the Board of Trustees the undersigned has caused to be posted in three (3) public places namely: 1. ________________________________ 2. ________________________________ 3. ________________________________ An ordinance entitled: "ADOPTING BY REFERENCE THE 2020 EDITION OF THE 'MODEL TRAFFIC CODE FOR COLORADO LOCAL GOVERNMENTS'; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH AND PROVIDING FOR PENALTIES THEREOF." The same being Ordinance No. ____________ Dated this ___ day of _____________ 20___. The undersigned further attests that each of the copies of said Ordinance remained posted continuously and uninterruptedly for the period required by law. WITNESS the hand and seal of the undersigned on this ______ day of ___________ 20___ _____________________________ ___________________________ Town Clerk (SEAL) Page 308 of 4167 234 Appendix Part E: Instructions For Amending Model Traffic Code Previously Adopted By Reference (Based on parts 1 and 2 of article 16 of title 31, as amended, and section 43-2-135 (1)(g)) 1. Amending Ordinance: Colorado law provides that whenever a Code is amended by the agency which originally promulgated or adopted it, any municipality which has previously adopted the Code by reference may also adopt the amendments by reference through the same procedure as required for the adoption of the original Code; or an ordinance may be enacted in regular manner, setting forth the entire text of the amendments. The instructions which follow apply to the latter method. 2. Form and Content: The form and content of the amending ordinance should conform to the requirements set forth in part 1 of article 16 of title 31, Colorado Revised Statutes, as amended. Amendments pertaining to sections of the Code which are inapplicable to the municipality should be deleted in the amending ordinance. 3. Public Hearing: No hearing is required if an ordinance is enacted setting forth the entire text of the amendments. 4. Publication or Posting: Publication or posting requirements for the amending ordinance are the same as for any other ordinance adopted by a City or Town. Publication or posting procedures are described in Part D of this Appendix. 5. Colorado Department of Transportation Approval: Colorado Department of Transportation approval of the amended regulations is required before any regulations pertaining to streets which are state highways become effective. This approval will take the form of a written certification signed by the Chief Engineer or designee. 6. Effective Date: The amending ordinance will take effect upon adoption and compliance with requirements for the mayor's approval or thirty days after publication as provided by law. The procedure in each case is described in item no. 10 Part A of this Appendix. 7. Public Record: After passage of the amending ordinance the City or Town Clerk should continue to keep on file at least three copies of the adopted code, for public inspection in the manner shown in item no. 11 in Part A of this Appendix. Page 309 of 4167 235 Appendix Part F: Listing Of Amendments For Updating Previous Edition Of Model Traffic Code Adopted By Reference Colorado statutes grant municipalities the option of enacting an ordinance in the regular manner for the purpose of amending a code previously adopted by reference. To accomplish this, however, the entire text of the amendments must be set forth in such an ordinance. Local Governments that desire to follow this procedure instead of adopting the current edition of the Code by reference may obtain a listing and description of all pertinent changes from the Colorado Department of Transportation. The procedure for amending a code directly rather than by reference is set forth in Part E of this Appendix. Whenever possible, municipalities should to adopt the latest edition of the Code by reference instead of resorting to an amending ordinance. This procedure has several important advantages: (1) It avoids the problem of relating the various revisions and additions in an amending ordinance to the adopted edition of the Code; (2) It enables a city or town to have on record the latest references to applicable State statutes and national recommendations as well as informative and current editorial notes relating to the various traffic regulations; and (3) It facilitates the task of drafting the municipal ordinance pertaining to the Code. Page 310 of 4167 236 Appendix Part G: Specimen Certification Of Model Traffic Code *(Form to be affixed to inside front or back cover of each Code provided for public inspection.) State Of Colorado Certification County Of ______________________ City (Town) Of _________________ We, the undersigned, do hereby certify that this Model Traffic Code is a true and accurate copy of the Code adopted by reference by the (City Town County) of _____________, Colorado under Ordinance No. _______ pursuant to and as provided by parts 1 and 2 of article 16 of title 31 or part 4 of article 15 title 30. Dated this _____ day of ___________, 20_____ . By___________________________ Mayor or Chairman Attest: (City Town County) Of ___________________ ________________________________ Clerk (SEAL) Page 311 of 4167 237 Appendix Part H: Why A Model Traffic Code For Colorado? 1. Uniformity of basic road rules. 2. Uniformity of local traffic regulations. 3. Standardization of traffic regulation and control on streets that are state highways. 4. Compatibility of traffic ordinances with State and national vehicle codes. All Contributing To Greater Traffic Safety And Operational Efficiency In Moving People And Goods Through And Within Our Local Governments! (See Forward to Code for details) Page 312 of 4167 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: February 18, 2025 SUBJECT: Municipal Code clean-up to remove provisions regarding Emergency Telephone Service Authority DESCRIPTION: Repeal of Title 4, Chapter 8, Emergency Telephone Service Authority, to eliminate unnecessary provisions that conflict with City IGA. RECOMMENDATION: Consider ordinance repealing Title 4, Chapter 8, Emergency Telephone Service Authority PREVIOUS COUNCIL ACTION: City Council previously directed the City Attorney to review Englewood Municipal Code from beginning to end, and recommend revisions to--among other things--correct errors, align with current City practice, and eliminate unnecessary and out-of-date provisions of Municipal Code. This ordinance is part of that "Code Clean-up" Project. SUMMARY: Large sections of the current Englewood Municipal Code (“EMC”) were drafted and adopted in 1985, and significantly unchanged since that time. In the last 40 years, Englewood City government and operations have evolved and improved with technology, legal changes, and operational best practices to meet the needs of the City. City Council directed the City Attorney’s Office to comprehensively review Englewood Municipal Code to ensure it reflects current City practices and applicable law, and to propose revisions for clarity and ease of understanding. As part of this project, the City Attorney's Office retained CivicPlus to review Municipal Code and flag provisions that require review and/or revision. CivicPlus flagged Title 4, Chapter 8 Emergency Telephone Service Authority, as it was longer compliant with state law. City Attorney staff reviewed this Title and City Intergovernmental Agreements that created the E-911 authority, and consulted with legal outside expert Ken Fellman, to confirm internal findings: that these provisions of Municipal Code are no longer legally compliant; no longer accurately reflect the E-911 fee charged by the Authority and authorized by state law; and that these provisions are unnecessarily duplicative of the Intergovernmental Agreement. In short, this means not only that these provisions within Municipal Code are inaccurate, but there is no reason to include the provisions of an IGA when the City neither collects nor disburses the fees at issue. Both outside counsel and the City Attorney's Office agree that Title 4 Chapter 8 should be repealed in full. A repeal will have no effect on City operations/funds, the E-911 authority, or the charges imposed and paid by telephone providers for 911 emergency service. Page 313 of 4167 COUNCIL ACTION REQUESTED: Consider proposed ordinance repealing Title 4, Chapter 8 Emergency Telephone Service Authority FINANCIAL IMPLICATIONS: None OUTREACH/COMMUNICATIONS: The City Attorney's Office consulted with: (1) the City Clerk's Office to confirm all IGA provisions; (2) EPD Emergency Communications Manager Carrie Parman, who serves on the E-911 Authority Board; (3) Finance Director Kevin Engels, to ensure the City does not charge, collect, or disburse the E-911 funds governed by Englewood Municipal Code Title 4, Chapter 8; and (4) outside counsel Ken Fellman to ensure proper interpretation and application of state law, and that inclusion of emergency telephone authority provisions in Englewood Municipal Code are unnecessarily and legally incorrect. ATTACHMENTS: Council Bill E-911 authority IGAs Page 314 of 4167 1 ORDINANCE NO. ____ COUNCIL BILL NO. 6 SERIES OF 2025 INTRODUCED BY COUNCIL MEMBER _________________ A BILL FOR AN ORDINANCE REPEALING ENGLEWOOD MUNICIPAL CODE TITLE 4, CHAPTER 8, EMERGENCY TELEPHONE SERVICE AUTHORITY. WHEREAS, large sections of the current Englewood Municipal Code (“EMC”) were drafted and adopted in 1985, and significantly unchanged since that time; and WHEREAS, in the last 40 years, Englewood City government and operations have evolved and improved with technology, legal changes, and operational best practices to meet the needs of the City; and WHEREAS, City Council directed the City Attorney’s Office to comprehensively review Englewood Municipal Code to ensure it reflects current City practices and applicable law, and to propose revisions for clarity and ease of understanding; and WHEREAS, as part of this project, City staff reviewed Title 4, Chapter 8 Emergency Telephone Service Authority, and concluded it is: (1) unnecessarily duplicative of the City Intergovernmental Agreement creating the Authority, now known as the E-911 Authority, (2) it conflicts with said IGA and the authority granted to the Authority, in that it does not accurately reflect the current charges paid for 911 services, and (3) because the City does not charge, hold, or disburse the funds, this is not an appropriate provision for inclusion within Englewood Municipal Code; and WHEREAS, City Council desires to repeal Title 4 Chapter 8 to remove these unnecessary and inaccurate provisions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment to Englewood Municipal Code. To eliminate unnecessary, outdated, and factually incorrect provisions of Englewood Municipal Code, Title 4 Chapter 8 is hereby repealed in full (new provisions underlined, deleted provisions struck through): Chapter 8 - EMERGENCY TELEPHONE SERVICE AUTHORITY RESERVED 4-8-0: - Emergency Telephone Service Authority. The Emergency Telephone Service Authority created by intergovernmental agreement funding shall be as provided below. (Code 1985, § 4-8-0) Page 315 of 4167 2 4-8-1: - Definitions. As used in this Section, unless the context otherwise requires. Emergency Telephone Charge: A charge to pay the equipment costs, the installation costs, and the directly related costs of the continued operation of an emergency telephone service according to the rates and schedules filed with the Public Utilities Commission, if applicable. Emergency Telephone Service: A telephone system utilizing the single three-digit number 911 for reporting police, fire, medical, or other emergency situations. Equipment Supplier: Any person providing telephone or other equipment necessary for an emergency telephone service to any public agency or governing body in this State, through lease or sale. Exchange Access Facilities: The access, as defined in the tariffs approved by the Public Utilities Commission, from a specific customer's premises to the telecommunications network to effect the transfer of information. Governing Body: The Board of County Commissioners of a county or the city council or other governing body of a city, city and county, or town or the board of directors of a special district. Person: Any individual, firm, partnership, copartnership, joint venture, association, cooperative organization, corporation (municipal or private and whether organized for profit or not), governmental agency, state, county, political subdivision, state department, commission, board, or bureau, fraternal organization, nonprofit organization, estate, trust, business or common law trust, receiver, assignee for the benefit of creditors, trustee, or trustee in bankruptcy or any other service user. Public Agency: Any city, city and county, town, county, municipal corporation, public district, or public authority located in whole or in part within this State which provides or has the authority to provide fire fighting, law enforcement, ambulance, emergency medical, or other emergency services. Service Supplier: Any person providing exchange telephone services to any service user in this State. Service User: any person who is provided exchange telephone service in this State. Tariff Rates: The rates billed by a service supplier, as stated in the service supplier's tariffs, which rates have been approved by the Public Utilities Commission and which represent the service supplier's recurring charges for exchange access facilities or their equivalent, exclusive of all taxes, fees, licenses, or similar charges. (Code 1985, § 4-8-1) 4-8-2: - Imposition of Charge; Liability of User for Charge; Collection; Uncollected Amounts. Page 316 of 4167 3 A. A fee is hereby imposed upon all telephone exchange access facilities within the City in the amount of twenty-eight cents ($0.28) per month; provided, however, that no such charge shall be imposed on more than one hundred (100) exchange access facilities per customer. B. Telephone service suppliers providing telephone service in the City are hereby authorized to collect the emergency telephone charge imposed by this Section in accordance with the Colorado Revised Statutes. C. Said charge shall be effective May 1, 1989. (Code 1985, § 4-8-2) 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. 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. 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. Page 317 of 4167 4 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 may be necessary to implement the provisions of this Ordinance. 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. Page 318 of 4167 Page 319 of 4167 Page 320 of 4167 Page 321 of 4167 Page 322 of 4167 Page 323 of 4167 Page 324 of 4167 Page 325 of 4167 Page 326 of 4167 Page 327 of 4167 Page 328 of 4167 Page 329 of 4167 Page 330 of 4167 Page 331 of 4167 Page 332 of 4167 Page 333 of 4167 Page 334 of 4167 Page 335 of 4167 Page 336 of 4167 Page 337 of 4167 Page 338 of 4167 Page 339 of 4167 Page 340 of 4167 Page 341 of 4167 Page 342 of 4167 Page 343 of 4167 Page 344 of 4167 Page 345 of 4167 Page 346 of 4167 Page 347 of 4167 Page 348 of 4167 Page 349 of 4167 Page 350 of 4167 Page 351 of 4167 Page 352 of 4167 Page 353 of 4167 Page 354 of 4167 Page 355 of 4167 Page 356 of 4167 Page 357 of 4167 Page 358 of 4167 Page 359 of 4167 Page 360 of 4167 Page 361 of 4167 Page 362 of 4167 Page 363 of 4167 Page 364 of 4167 Page 365 of 4167 Page 366 of 4167 Page 367 of 4167 Page 368 of 4167 Page 369 of 4167 Page 370 of 4167 Page 371 of 4167 Page 372 of 4167 Page 373 of 4167 Page 374 of 4167 Page 375 of 4167 Page 376 of 4167 Page 377 of 4167 Page 378 of 4167 Page 379 of 4167 Page 380 of 4167 Page 381 of 4167 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Shawn Lewis DEPARTMENT: City Manager's Office DATE: February 18, 2025 SUBJECT: CB 8 - Consideration of a Sister Cities Partnership Agreement with Belm Germany DESCRIPTION: Intergovernmental agreement with Belm Germany for student exchange program. RECOMMENDATION: Staff recommends Council approve or approve with modifications the attached partnership agreement. PREVIOUS COUNCIL ACTION: 2007: City Council approves a proclamation establishing Belm, Germany as Englewood's sister city City Council authorizes the city manager to sign a partnership agreement with Belm, Germany during a delegation visit to Belm SUMMARY: Other than sporadic e-mail exchanges, Englewood's relationship with Belm, Germany has been largely dormant since 2014. Englewood and Belm were paired by an International City Manager Association program in 2005. Belm officials visited Englewood in 2005. Englewood officials visited Belm in 2006, delivering a proclamation from Englewood Council declaring Belm Englewood's sister city (see attached). During the visit to Belm, a partnership agreement was signed by Belm and Englewood officials. The attached partnership agreement aims to revitalize the sister cities relationship under the guidance and support of Sister Cities International and refocus the Belm/Englewood relationship around student exchanges that promote culture, knowledge sharing and friendship. Six Englewood High School juniors and one faculty chaperone have been selected by Englewood Schools to travel to Belm for spring break, March 15-22. The delegation will also be accompanied by Mayor Sierra and City Manager Lewis. If approved by Council, the partnership agreement would be signed by Mayor Sierra and the Mayor of Belm during the visit. COUNCIL ACTION REQUESTED: Consider approving or approving with modifications the attached partnership agreement. FINANCIAL IMPLICATIONS: Page 382 of 4167 City Council allocated $5,000 toward scholarship funds and program expenses for sister cities activities in 2025. Due to student financial needs and a funding gap between what Council allocated and the cost of airfare for six students, Englewood Rotary and the Englewood Rotary Foundation approved funding a gap of $2,556 in January to ensure all EHS students' airfare is paid in full. Englewood Schools will pay the faculty chaperone's travel expenses. CONNECTION TO STRATEGIC PLAN: Community Well Being outcome area goal #5: Lifelong Learning. Maintain current resources and support new development that add opportunities for all ages to improve knowledge, skills, and competencies. OUTREACH/COMMUNICATIONS: Englewood Schools reached out to students and parents of high school juniors to solicit students interested in participating in a delegation visit to Belm. Fourteen students applied to participate with six selected by school administrators and principals. Outreach to teachers was also conducted with several applying to chaperone the delegation and one, Karla Shotts, being selected. The students will also present a report of their trip during a spring City Council meeting. ATTACHMENTS: 1.) Draft Sister Cities Partnership Agreement 2.) 2006 Englewood Council Proclamation establishing Belm as Englewood's Sister City 2.) Articles from the Englewood Herald regarding past sister cities activities between Englewood and Belm. Page 383 of 4167 A Partnership Agreement For the Establishment of a Sister Cities Relationship Between Englewood, Colorado, USA, and Belm, Germany Whereas, the Sister City Program, administered by Sister Cities International®, was initiated by the President of the United States of America in 1956 to encourage greater friendship and understanding between the United States and other nations through direct personal contact; and Whereas, to foster those goals, the people of Englewood, Colorado and Belm, Germany in a gesture of friendship and goodwill, agree to collaborate for the mutual benefit of their communities by exploring educational and cultural opportunities; and Whereas, both cities recognize the shared values of community, cultural exchange, and mutual understanding, the cities of Englewood and Belm enter into this Sister Cities Partnership Agreement to establish a formal partnership aimed at fostering goodwill, understanding, and educational exchange between our communities. Article I: Purpose This agreement aims to: 1. Promote cultural understanding and respect between the citizens of Englewood and Belm. 2. Foster educational, artistic, and cultural exchanges. 3. Enhance mutual understanding and friendship through regular communication and joint initiatives. Article II: Areas of Cooperation The cities agree to explore cooperation in the following areas: 1.Cultural Exchange: Assisting in the production of cultural festivals that highlight the culture of each city, art exhibitions and/or performances featuring artists, traditions, and history from both cities. 2.Education: Promoting student and teacher exchange programs, language learning initiatives, and joint educational projects. 3.Civic Engagement: Facilitating dialogues between city officials, civic groups, and citizens to share knowledge and strengthen governance. Encouraging volunteer and community service projects that address common challenges and strengthen ties. Page 384 of 4167 Article III: Implementation 1. Both cities shall name a sister city coordinator to oversee and facilitate the activities and exchanges outlined in this agreement. 2. A joint committee composed of representatives from both cities will meet annually, either in person or virtually, to evaluate progress, propose new initiatives, and address any challenges. 3. Funding for specific projects or exchanges will be determined on a case-by-case basis, with both cities seeking financial support from public and private sources. Article IV: Effective Date, Duration and Termination 1. This agreement shall remain in effect indefinitely, beginning on the date of signature by both parties. 2. Either city may terminate this agreement by providing written notice six months in advance. Such termination will not affect ongoing projects unless otherwise agreed upon. 3. This document goes into effect on the date of signature and is written in both English and in German. Both texts have equal power. Article V: Amendments This agreement may be amended at any time by mutual consent of both cities, with changes documented in writing and signed by authorized representatives. Article VI: Signatures This agreement is executed in good faith and with the intention of fostering a long-lasting partnership between the people of Englewood, Colorado, and Belm, Germany. Signed on this ___ day of ________, 2025. For the City of Belm, Germany: Name: ____________________________________ Title: ____________________________________ Signature: ___________________________________ For the City of Englewood, Colorado, USA: Name: ____________________________________ Title: ____________________________________ Signature: ___________________________________ Attestor’s Signature: ___________________________________ Attestor’s Title: _______________________________________ Page 385 of 4167 Page 386 of 4167 Page 387 of 4167 Page 388 of 4167 Page 389 of 4167 Page 390 of 4167 1 ORDINANCE COUNCIL BILL NO. 8 NO. __ INTRODUCED BY COUNCIL SERIES OF 2025 MEMBER _________ A BILL FOR AN ORDINANCE AUTHORIZING A PARTNERSHIP AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND BELM, GERMANY FOR THE ESTABLISHMENT OF A SISTER CITIES RELATIONSHIP. WHEREAS, the Sister City Program, administered by Sister Cities International, was initiated by the President of the United States of America in 1956 to encourage friendship and understanding between the United States and other nations through direct and personal contact; and WHEREAS, to further these goals, the people of Englewood, Colorado, and Belm, Germany, in a gesture of friendship and goodwill, seek to collaborate for the mutual benefit of their communities by exploring educational, cultural, and social opportunities; and WHEREAS, the cities of Englewood and Belm seek to establish a formal Sister City Partnership Agreement aimed at fostering goodwill, understanding, and educational exchange between their communities; and WHEREAS, the City is authorized to enter into agreements for intergovernmental cooperation under Article XIV, Section 18(2)(a) of the Colorado Constitution, as well as Sections 29-1-203 and 29-1-203.5, C.R.S.; and WHEREAS, the City Council has reviewed the proposal agreement and finds that it is in the public interest to approve and authorize its execution. 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 and approves the Sister City Partnership Agreement between the City of Englewood, Colorado and with Belm, Germany in substantially the same form attached hereto. Section 2. General Provisions 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. Page 391 of 4167 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 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. E. Publication. Publication of this Ordinance may be by reference or in full 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. Manuals, Municipal Code, contracts, and other documents approved by reference in any Council Bill may be published by reference or in full on the City’s official website; such documents shall be available at the City Clerk’s office and in the City Council meeting agenda packet when the legislation was adopted. 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 may be necessary to implement the provisions of this Ordinance. 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. Page 392 of 4167 PROCLAMATION WHEREAS, Sister Cities International provides communities an opportunity to connect with other cities across the nation and the world through its Sister Cities program; and WHEREAS, the Sister Cities program provides many benefits to its participants, including: • providing opportunities for city officials and citizens to experience and explore other cultures through long-term community partnerships; • creating an atmosphere in which economic and community development can be implemented and strengthened; and • stimulating environments through which communities can creatively lean\ work, and solve problems together through reciprocal cultural, educational, municipal, business, professional, and technical exchanges and projects. WHEREAS, The City of Englewood and the City of Belm, Germany have engaged in an informal "sister city" relationship as a result of an exchange program sponsored by the International City/County Management Association, through which Belm's Burgermeister (Mayor/City Manager)i Bernhard Wellman, visited the City of Englewood in 2005, and Englewood's City Manager, Gary Sears, will visit Belm, Germany in July, 2006; and WHEREAS, through these visits, in the spirit of international good will and collaboration, the two communities have forged a relationship that fosters an exchange of ideas and expertise on a variety of issues impacting local governments; and WHEREAS, the City of Englewood would like to formalize its relationship with Belin, Germany through Sister Cities International; NOW, THEREFORE, I, Olga Wolosyn, Mayor of the City of Englewood, Colorado, hereby proclaim the City of Englewood's desire to enter into a formal Sister City relationship with the City of Belm, Germany in an effort to continue a collaborative association that fosters learning and idea exchanges on matters impacting the two jurisdictions. GIVEN under my hand and seal this 10 th day of July, 2006. Page 393 of 4167 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Pieter Van Ry, Sarah Stone DEPARTMENT: Utilities DATE: February 18, 2025 SUBJECT: CB 10 - Amendment to Englewood 2024 Colorado Water Resources and Power Development Authority Water Loan – Project Description DESCRIPTION: State Revolving Fund (SRF) water loan agreement amendment with the Colorado Water Resources and Power Development Authority (CWRPDA) to update the project description. RECOMMENDATION: Utilities staff is seeking City Council approval of an amendment to the SRF Leveraged Loan agreement with CWRPDA. This amendment updates the project description and revises the Authorized Officers listed in the agreement. The Water and Sewer Board recommended that Council approve the SRF loan amendment with CWRPDA during its February 11, 2025, meeting. PREVIOUS COUNCIL ACTION:  April 22, 2024 – City Council approved Drinking Water Revolving Fund Loan Agreements with CWRPDA to fund the Lead Reduction Program by emergency Ordinance.  April 15, 2024 – City Council approved Drinking Water Revolving Fund Loan Agreements with CWRPDA to fund the Lead Reduction Program by first reading.  March 25, 2024 – Utilities staff discussed the approval process for the Loan Agreements with Council at Study Session. SUMMARY: The Bipartisan Infrastructure Law (BIL), previously referred to as the Infrastructure Investment and Jobs Act, was signed into law on November 15, 2021. The BIL will invest more than $50 billion over the next five (5) years in U.S. Environmental Protection Agency (EPA) water infrastructure programs, including the SRF loan programs. In Colorado, the BIL funding is issued through the Drinking Water Revolving Fund (DWRF) in three (3) categories: 1) DWRF BIL General Supplemental Funding, 2) DWRF BIL Emerging Contaminants Funding, and 3) DWRF BIL Lead Service Line Funding. On May 23, 2024, Englewood Utilities closed on two (2) loans:  DWRF BIL Lead Service Line Direct Loan: $17,551,020 (including $10,000,000 in principal forgiveness). Page 394 of 4167  Leveraged SRF Loan: $23,000,080. These loans were intended to fully fund the Lead Reduction Program, originally estimated at $40 million. However, refinements to the lead service line inventory now indicate a total program cost closer to $30 million, leaving approximately $10 million in available funds from the leveraged SRF loan. To redirect these funds to other distribution system priorities, an amendment to the loan agreement is required. ANALYSIS: Utilities recommends approval of a first amendment to the Drinking Water SRF leveraged loan agreement with CWRPDA to update the project description and revises the Authorized Officers listed in the agreement. In March 2023, Utilities staff identified distribution system needs that could be funded through the leveraged SRF loan, including:  Installation of insertion valves at key locations to improve system control and mitigate risks during water main break emergencies.  Water line replacements along S Clarkson Ave and Union Ave.  A potential new project to directly connect the Allen Water Treatment Plant to Zone 2 of the distribution system. To ensure these projects are eligible for SRF funding, the project description in the loan agreement must be updated. The proposed amended project description is: "The project consists of identifying and replacing lead service lines (LSLs), including both public and private portions, in accordance with Bipartisan Infrastructure Law requirements. Additionally, the City will repair and/or replace pipelines, install or replace valves, and construct water main replacements." Along with this amendment, Utilities staff also requests to update the Authorized Officers listed in the loan agreement. The original agreement named two individuals from Public Works; however, Utilities staff recommends replacing them with:  Pieter Van Ry, Director of Utilities and South Platte Renew  Sarah Stone, Deputy Director – Business Solutions and Engineering These changes will ensure alignment with project and SRF loan oversight. COUNCIL ACTION REQUESTED: Motion to approve, by Ordinance, a State Revolving Fund water loan agreement amendment with the Colorado Water Resources and Power Development Authority to update the project description. FINANCIAL IMPLICATIONS: The SRF Water Fund loan will fund the Lead Reduction Program and additional improvements to the water distribution system for the next three (3) years in the amount of $40,000,000. This amendment does not change the financial implications of the loan agreement. CONNECTION TO STRATEGIC PLAN: Infrastructure: Page 395 of 4167  Establish a long-term Capital Improvement Program  Establish a 20-year plan for financing ATTACHMENTS: CB#10 - First Amendment to Englewood 2024 CWRPDA Water Loan - project scope Contract Approval Summary (CAS) Amendment to CWRPDA Leveraged SRF Loan Leveraged SRF Loan PowerPoint Presentation Page 396 of 4167 ORDINANCE NO. ____ COUNCIL BILL NO. 10 SERIES OF 2025 INTRODUCED BY COUNCIL MEMBER _________________ A BILL FOR AN ORDINANCE APPROVING A FIRST AMENDMENT TO THE LOANS FROM THE COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY FOR THE PURPOSE OF FINANCING WATER CAPITAL IMPROVEMENTS AS PART OF THE CITY’S ONE WATER MODERNIZATION PROGRAM – WATER UTILITY SYSTEM PROJECT WHEREAS, the City of Englewood, Colorado, is a home rule municipal corporation duly organized and operating under Article XX of the Constitution of the State of Colorado and the Charter of the City of Englewood; and WHEREAS, pursuant to Article XIII of the Englewood Home Rule Charter, the City owns and operates a public water system, including water and water rights, which system has historically been operated as a self-supporting governmental enterprise and is known as the “Water Utility Enterprise” of the City; and WHEREAS, on April 22, 2024, the City Council of the City of Englewood adopted Ordinance No. 11, Series of 2024, authorizing the City to, among other things, enter into a loan agreement with the Colorado Water Resources and Power Development Authority (CWRPDA) under the federal Safe Water Drinking Act to finance capital improvements under the City’s One Water Modernization Program – Water Utility System Project; and WHEREAS, the CWRPDA loan supports critical infrastructure projects, including the modernization of drinking water treatment and conveyance systems, the replacement of outdated electrical and control systems, the replacement of lead service lines, improvements to metering processes, and the initiation of a water reuse program; and WHEREAS, since closing on the CWRPDA loan, Utilities staff has worked with the CWRPDA to expand the project scope, requiring an amendment to the CWRPDA loan agreement to reflect these changes; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of the proposed amendment to the CWRPDA loan agreement; and WHEREAS, staff seeks Council approval to execute the First Amendment to the CWRPDA loan agreement to incorporate the revised project scope. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Approval of First Amendment to CWRPDA Loan Agreement. Pursuant to and in accordance with the State Constitution, the Enabling Laws and this Ordinance, City Page 397 of 4167 2 4890-6227-3454.1 Council hereby approves and authorizes the execution of an Amendment No. 1 to the ("Drinking Water (“DW”) State Revolving Fund (“SRF”) Revenue Bond 2024 Series B Leveraged Loan Agreement dated as May 1, 2024, which shall be in substantially the same form 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. 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. 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 Page 398 of 4167 3 4890-6227-3454.1 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, and has authority to correct formatting and/or typographical errors discovered during codification. 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. Page 399 of 4167 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 5/23/2024 Amendment Amount End Date Amended Contract Amount Total Term in Years Vendor Contact Information: Name Contact Address Phone Email City State Zip Code Contract Type: Please select from the drop down list Descripiton of Contract Work/Services Colorado Water Resources and Power Development Authority Amendment to Loan The SRF Water Fund loan will fund the Lead Reduction Program and additional improvements to the water distribution system for the next three (3) years in the amount of $40,000,000. This amendment does not change the financial implications of the loan agreement. First Amendment to the Leveraged SRF Loan $ 23,000,080 $ - $ 23,000,080 303.349.3766Sarah Stone SStone@englewoodco.govUtilities Deputy Director – Business Solutions and Engineering City of Englewood, Colorado CONTRACT APPROVAL SUMMARY The Bipartisan Infrastructure Law (BIL), previously referred to as the Infrastructure Investment and Jobs Act, was signed into law on November 15, 2021. The BIL will invest more than $50 billion over the next five (5) years in U.S. Environmental Protection Agency (EPA) water infrastructure programs, including the State Revolving Fund (SRF) loan programs. In Colorado, the BIL funding is issued through the Drinking Water Revolving Fund (DWRF) in three (3) categories: 1) DWRF BIL General Supplemental Funding, 2) DWRF BIL Emerging Contaminants Funding, and 3) DWRF BIL Lead Service Line Funding. On May 23, 2024, Englewood Utilities closed on two (2) loans: • DWRF BIL Lead Service Line Direct Loan: $17,551,020 (including $10,000,000 in principal forgiveness). • Leveraged SRF Loan: $23,000,080. These loans were intended to fully fund the Lead Reduction Program, originally estimated at $40 million. However, refinements to the lead service line inventory now indicate a total program cost closer to $30 million, leaving approximately $10 million in available funds from the leveraged SRF loan. To redirect these funds to other distribution system priorities, an amendment to the loan agreement is required. Renewal options available no change Payment terms (please describe terms or attached schedule if based on deliverables) Page 400 of 4167 City of Englewood, Colorado CONTRACT APPROVAL SUMMARY Procurement Justification of Contract Work/Services Budget Authorization of Contract Work/Services Source of Funds: Revenue CAPITAL ONLY Item A B C D 1=A-B-C-D Capital Tyler New World Budgeted?Spent To Encumbrance Contract Budget Operating Year Project # / Task #Fund Division Account Line Item Description YES / NO Budget Date (Outstanding PO)Amount Remaining C -$ -$ -$ -$ -$ O -$ -$ -$ -$ -$ Total Current Year -$ -$ -$ -$ -$ C -$ -$ -$ -$ -$ O -$ -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ -$ GRAND TOTAL -$ -$ -$ -$ -$ Process for Choosing Contractor: Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: PLEASE NOTE: City Council Approval Required for the following: - Budgeted Contracts or Agreements greater than $250,000 - Non-Budgeted Contracts or Agreements greater than $125,000 General Ledger Account String n/aSolicitation Name and Number: NOTES/COMMENTS (if needed): This amendment does not change the financial implications of the loan agreement. Utilities staff is seeking Water and Sewer Board recommendation for City Council to approve an amendment to the Drinking Water State Revolving Fund (SRF) loan agreement with the Colorado Water Resources and Power Development Authority (CWRPDA). This amendment updates the project description and revises the Authorized Officers listed in the agreement. The SRF Water Fund loan will fund the Lead Reduction Program and additional improvements to the water distribution system for the next three (3) years in the amount of $40,000,000. This amendment does not change the financial implications of the loan agreement. Solicitation Evaluation Summary/Bid Tabulation 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 401 of 4167 This FIRST AMENDMENT TO LOAN AGREEMENT ("Amendment”) is made and entered into as of this ______ day of ________________2025, by and between the Colorado Water Resources and Power Development Authority (the “Authority”) and CITY OF ENGLEWOOD, COLORADO, ACTING BY AND THROUGH ITS WATER UTILITY ENTERPRISE (the “Governmental Agency”); WITNESSETH THAT: WHEREAS, pursuant to the federal Safe Drinking Water Act of 1996 and Section 37-95-107.8, the Authority administers the Drinking Water Revolving Fund and provides financial assistance to governmental agencies in financing the costs of certain water projects; and WHEREAS, the Governmental Agency and the Authority entered into a Loan Agreement dated as of May 1, 2024 (the "Drinking Water (“DW”) State Revolving Fund (“SRF”) Revenue Bonds 2024 Series B Leveraged Loan Agreement") for a loan through the Drinking Water Revolving Fund to finance a portion of the cost of a water project of the Governmental Agency (the "DW SRF Revenue Bonds 2024 Series B Leveraged Loan"); and WHEREAS, the Governmental Agency has requested that the Project Description of the Project to be financed under the 2024 Leveraged Loan Agreement be amended to expand the proposed project; and WHEREAS, the Project as expanded is authorized by the Project Eligibility List for the Drinking Water Revolving Fund that has been approved by the Colorado Legislature; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Authority and the Governmental Agency hereby agree as follows: 1. Amendment of Project Description. The Project Description set forth in Exhibit A (1) of the 2024 Leveraged Loan Agreement is amended to read as follows: "The project consists of identifying and replacing lead service lines (LSL), to include both the public and private portions of the identified lead service lines, in accordance with the Bipartisan Infrastructure Law requirements. Additionally, the City will repair and/or replace pipeline, install or replace valves, and construct water main replacement." 2. No Other Amendment. Except as hereby amended, the DW SRF Revenue Bonds 2024 Series B Leveraged Loan Agreement remains in full force and effect. A-1 Page 402 of 4167 IN WITNESS WHEREOF, the Authority and the Governmental Agency have caused this Amendment to Leveraged Loan Agreement to be executed, sealed and delivered, as of the date set forth above. (SEAL) COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY ATTEST: By: Assistant Secretary Executive Director (SEAL) CITY OF ENGLEWOOD, COLORADO, ACTING BY AND THROUGH ITS WATER UTILITY ENTERPRISE ATTEST: By: City Clerk Mayor A-2 Page 403 of 4167 Page 404 of 4167 Page 405 of 4167 Page 406 of 4167 Page 407 of 4167 Page 408 of 4167 Page 409 of 4167 Page 410 of 4167 Page 411 of 4167 Page 412 of 4167 Page 413 of 4167 Page 414 of 4167 Page 415 of 4167 Page 416 of 4167 Page 417 of 4167 Page 418 of 4167 Page 419 of 4167 Page 420 of 4167 Page 421 of 4167 Page 422 of 4167 Page 423 of 4167 Page 424 of 4167 Page 425 of 4167 Page 426 of 4167 Page 427 of 4167 its discretion, deem necessary to enforce the obligations of the Governmental Agency to the Authority pursuant to Section 3.03, Section 3.06 and Section 5.04 hereof. SECTION 5.08 Default by the Authority. In the event of any default by the Authority under any duty, covenant, agreement or obligation of this Loan Agreement, the Governmental Agency's remedy for such default shall be limited to injunction, special action, action for specific performance or any other available equitable remedy designed to enforce the perfonnance or observance of any duty, covenant, obiigation or agreement of the Authority hereunder as may be necessary or appropriate. The Authority shall on demand pay to the Governmental Agency the reasonable fees and expenses of attorneys and other reasonable expenses in the enforcement of such performance or observation. ARTICLE VI. MISCELLANEOUS SECTION 6.01 Notices. Any notice, demand, or request required or authorized by this Agreement to be given to another notice recipient listed below, or in Exhibit B in the case of the Governmental Agency (including overnight delivery service) to each of the notice recipients and addresses below or in Exhibit B for the receiving notice recipient. Any such notice, demand, or request shall be deemed to be given (i) when sent by email transmission, or (ii) when actually received if delivered by courier or personal delivery (including overnight delivery service). Each addressee listed below ad the Governmental Agency shall have the right, upon IO days' prior written notice to the other notice recipient, to change its list of notice recipients and addresses listed below or in Exhibit A in the case of the Governmental Agency. The notice recipients below and the Governmental Agency may mutually agree in writing at any time to deliver notices, demands or requests through alternate or additional methods, such as electronic: (a)Authority: (b)Trustee: (c)Loan Servicer: 139095716.3 Colorado Water Resources and Power Development Authority 1580 Logan Street, Suite 820 Denver, Colorado 80203 Attention: Executive Director Email Address: krnclaughlin@cwrpda.com U.S. Bank Tmst Company, National Association Denver Tower 950 17th Street Denver, Colorado 80202 Attention: Corporate Trust Services Email Address: jennifer.petruno@usbank.com U.S. Bank Trust Company, National Association. Denver Tower 950 17th Street 24 Page 428 of 4167 Page 429 of 4167 Page 430 of 4167 Page 431 of 4167 Page 432 of 4167 Page 433 of 4167 Page 434 of 4167 Page 435 of 4167 DESCRIPTION OF THE LOAN 1. EXHIBIT B 2. Address of Governmental Agency: City of Englewood, Colorado, Acting By and Through Its Water Utility Enterprise 1000 Englewood Parkway Englewood, CO 80110 Attention: Sarah Stone Ernai l Address: Sstone@englewoodco.gov Cost of Project: Approximately $40,000,000 3.Principal Amount of Loan Commitment: $22,448,980 4.Loan Term: The date commencing on the Loan Closing and ending on the final Loan Repayment date set forth in Exhibit C. 5.Description of the Project: See Exhibit A, 1. 6.Authorized Officer(s): Tim Hoos -Deputy Director -Engineering and Asset Management Brittany Payton -Business Support Specialist Kevin Engels -Director of Finance Christine Hart -Accounting Supervisor 7.Project Completion Date: May 2027 B-1 Page 436 of 4167 Page 437 of 4167 Page 438 of 4167 Page 439 of 4167 Page 440 of 4167 Page 441 of 4167 Page 442 of 4167 Page 443 of 4167 Page 444 of 4167 Page 445 of 4167 Page 446 of 4167 Page 447 of 4167 Page 448 of 4167 Page 449 of 4167 Page 450 of 4167 SRF Water Loan Agreement Amendment Presented By Utilities Deputy Director –Business Solutions and Engineering, Sarah Stone Pa g e 4 5 1 o f 4 1 6 7 Background •Bipartisan Infrastructure Law (BIL) •Signed November 15, 2021 •Invests more than $50 billion over the next 5 years in USEPA water infrastructure programs •Drinking Water Revolving Fund (DWRF) •Colorado Water Resources and Power Development Authority (CWRPDA) •Englewood’s DWRF Loans •BIL Direct Loan -$17.55 million •BIL Principal Forgiveness -$10 million •Leveraged Loan -$23.0 million Pa g e 4 5 2 o f 4 1 6 7 Proposed Loan Amendment •Update Project Description •Insertion valves at key locations •Water line replacement •S Clarkson St. •Union Ave. •Connect Allen WTP to Zone 2 of distribution system •Add Authorized Officers •Pieter Van Ry, Director of Utilities and South Platte Renew •Sarah Stone, Deputy Director – Business Solutions and Engineering •Water and Sewer Board recommended City Council approval during its February 11, 2025, meeting.Pa g e 4 5 3 o f 4 1 6 7 Questions? Pa g e 4 5 4 o f 4 1 6 7 Thank you Pa g e 4 5 5 o f 4 1 6 7 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Pieter Van Ry, Sarah Stone DEPARTMENT: Utilities DATE: February 18, 2025 SUBJECT: CB 11 - Second Amendment to Water Infrastructure Financing and Innovation Act Water Loan DESCRIPTION: Second Amendment to Water Infrastructure Financing and Innovation Act (WIFIA) Water Loan. RECOMMENDATION: Utilities staff is seeking City Council approval of a second amendment to the WIFIA water loan agreement with the U.S. Environmental Protection Agency (EPA) to update the project description and Development Default Date. The Water and Sewer Board recommended that Council approve the WIFIA water loan amendment with the U.S. EPA during its February 11, 2025, meeting. PREVIOUS COUNCIL ACTION:  October 2, 2023 – City Council approved Council Bill #57 – Amendment to the WIFIA water loan agreement with the U.S. EPA to update the project description, construction schedule, and budget.  May 23, 2022 – City Council approved Council Bill #30 – Amendment to the Ordinance for the WIFIA water loan agreement.  March 21, 2022 - City Council approved Council Bill #15 – WIFIA loan agreement with the EPA to finance capital investment in the City’s water system. SUMMARY: The WIFIA program incentivizes the acceleration of water and sewer infrastructure improvements by providing long-term, low-cost supplemental loans for regionally and nationally significant projects. The WIFIA program provides favorable loan terms that meet or exceed the value provided in other borrowing mechanisms. The City of Englewood closed on two WIFIA loans in 2022, the Sewer Fund loan on April 26, 2022, and the Water Fund Loan on May 26, 2022. The suite of projects funded through Englewood’s Water Fund WIFIA loan includes improvements to existing pumping and treatment facilities, raw water supply improvements, lead service line replacement, metering improvements, and a new operations complex. Since closing on the Water Fund Loan, Utilities staff has worked with the EPA to expand the project scope to include the Denver Water Interconnect. ANALYSIS: Utilities staff has been coordinating with the EPA since loan closing to provide updates on project progress. In March 2023, Utilities staff requested changes to the subproject descriptions, budget, and schedule in the initial loan agreement to align with current progress on these Page 456 of 4167 subprojects. In response to the request, the EPA has agreed to amend the loan agreement to refine the project description for the following two sub-projects:  Metering Modernization (Work Package 5): The initial loan agreement only included metering modernization for flat-rate and commercial customers. Utilities staff has since issued a Request for Proposals to modernize the metering system with Advanced Metering Infrastructure (AMI) for both residential and commercial customers. The project description in the proposed amendment has been modified to include residential customers. The amendment also includes an increase to the budget for this subproject from $3,300,000 million to $5,723,500; however, the total loan amount remains unchanged at $38,416,490.  Utilities Operations Complex (Work Package 8): The initial loan agreement included the ability to address space limitations at the Utilities Operation Complex (i.e., ServiCenter). The project description in the proposed amendment has been modified to include space improvements at the Allen Water Treatment, Plant, as well as the ServiCenter. The budget for this subproject remains unchanged from the initial loan agreement. This proposed amendment also replaces Schedule II – Construction Schedule with an update from the initial loan agreement. The updated Schedule II includes the anticipated construction start and end dates, given progress on each of the subprojects to date. COUNCIL ACTION REQUESTED: Motion to approve, by Ordinance, a WIFIA water loan agreement amendment with the EPA to update the project description and Development Default Date. FINANCIAL IMPLICATIONS: The WIFIA Water Fund loan will fund planned capital improvements for the next 4 years in the estimated amount of $38,416,490. This amendment does not change the financial implications of the loan agreement. CONNECTION TO STRATEGIC PLAN: Infrastructure:  Establish a long-term Capital Improvement Program  Establish a 20-year plan for financing ATTACHMENTS: CB #11 - Second Amendment to WIFIA Water Loan Agreement Contract Approval Summary (CAS) Amendment No. 1 to WIFIA Water Loan Agreement WIFIA Water Loan Agreement PowerPoint Presentation Page 457 of 4167 1 ORDINANCE COUNCIL BILL NO. 11 NO. INTRODUCED BY COUNCIL SERIES OF 2025 MEMBER A BILL FOR AN ORDINANCE APPROVING A SECOND AMENDMENT TO THE WIFIA LOAN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, OF THE CITY OF ENGLEWOOD, ACTING BY AND THROUGH ITS SEWER UTILITY ENTERPRISE, WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR THE PURPOSE OF FINANCING WATER CAPITAL IMPROVEMENTS AS PART OF THE CITY’S ONE WATER MODERNIZATION PROGRAM – WATER UTILITY SYSTEM PROJECT WHEREAS, the City of Englewood, Colorado, is a home rule municipal corporation duly organized and operating under Article XX of the Constitution of the State of Colorado and the Charter of the City of Englewood; and WHEREAS, pursuant to Article XIII of the Englewood Home Rule Charter, the City owns and operates a public water system, including water and water rights, which system has historically been operated as a self-supporting governmental enterprise and is known as the “Water Utility Enterprise” of the City; and WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado as well as Sections 29-1-203 and 29-1-203.5, C.R.S., authorize intergovernmental agreements for cooperative functions, services, or facilities among governmental agencies; and WHEREAS, on March 21, 2022, the City Council of the City of Englewood approved Ordinance No. 15, Series of 2022, authorizing the City to enter into a loan agreement with the United States Environmental Protection Agency (EPA) under the Water Infrastructure Finance and Innovation Act (WIFIA) to finance capital improvements under the City’s One Water Modernization Program – Water Utility System Project; and WHEREAS, the WIFIA loan funds critical infrastructure projects, including improvements to existing pumping and treatment facilities, raw water supply improvements, lead service line replacement, metering system improvements, and the construction of a new operations complex; and WHEREAS, since closing on the WIFIA loan, Utilities staff has worked with the EPA to expand the project scope, requiring an amendment to the WIFIA loan agreement to update the project description; and Page 458 of 4167 2 WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of the proposed amendment to the WIFIA loan agreement; and WHEREAS, staff seeks Council approval to execute an amendment to the WIFIA loan agreement to incorporate the revised project description. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Section 1. Approval of Second Amendment to WIFIA Loan Agreement. Pursuant to and in accordance with the State Constitution, the Enabling Laws and this Ordinance, City Council hereby approves and authorizes the execution of an Amendment No. 2 to the WIFIA Loan Agreement dated as of May 26, 2022, for the Englewood One Water Modernization Program – Water Utility System Project (WIFIA ID – 20113CO), which shall be in substantially the same form 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. 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 Page 459 of 4167 3 is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to 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 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, and has authority to correct formatting and/or typographical errors discovered during codification. 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. Page 460 of 4167 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 5/26/2022 Amendment Amount End Date Amended Contract Amount Total Term in Years Vendor Contact Information: Contact Phone Email Washington DC City State Zip Code Contract Type: Please select from the drop down list Descripiton of Contract Work/Services Procurement Justification of Contract Work/Services City of Englewood, Colorado CONTRACT APPROVAL SUMMARY United States Environmental Protection Agency 1200 Pennsylvania Avenue NW Amendment to Loan Second Amendment to the WIFIA Water Loan Agreement $ 38,416,490 $ - $ 38,416,490 303.349.3766Sarah Stone SStone@englewoodco.govUtilities Deputy Director – Business Solutions and Engineering Renewal options available no change Utilities staff is seeking City Council approval of an amendment to the Water Infrastructure Financing and Innovation Act (WIFIA) water loan agreement with the U.S. Environmental Protection Agency (EPA) to update the project description, construction schedule, and budget. Utilities staff is seeking City Council approval of an amendment to the Water Infrastructure Financing and Innovation Act (WIFIA) water loan agreement with the U.S. Environmental Protection Agency (EPA) to update the project description, construction schedule, and budget. 20460 Payment or Revenue terms (please describe terms or attached schedule if based on deliverables) Jorianne Jernberg The WIFIA Water Fund loan will fund planned capital improvements for the next 4 years in the estimated amount of $38,416,490. This amendment does not change the financial implications of the loan agreement. Name Address Page 461 of 4167 CONTRACT APPROVAL SUMMARY Budget Authorization of Contract Work/Services Source of Funds: Revenue CAPITAL ONLY Item A B C D 1=A-B-C-D Capital Tyler New World Budgeted?Spent To Encumbrance Contract Budget Operating Year Project # / Task #Fund Division Account Line Item Description YES / NO Budget Date (Outstanding PO)Amount Remaining C -$ -$ -$ -$ -$ O -$ -$ -$ -$ -$ Total Current Year -$ -$ -$ -$ -$ C -$ -$ -$ -$ -$ O -$ -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ -$ GRAND TOTAL -$ -$ -$ -$ -$ Process for Choosing Contractor: Solicitation Name and Number Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: PLEASE NOTE: City Council Approval Required for the following: - Budgeted Contracts or Agreements greater than $250,000 - Non-Budgeted Contracts or Agreements greater than $125,000 n/a NOTES/COMMENTS (if needed): This amendment does not change the financial implications of the loan agreement. General Ledger Account String The WIFIA Water Fund loan will fund planned capital improvements for the next 4 years in the estimated amount of $38,416,490. This amendment does not change the financial implications of the loan agreement. Solicitation:Evaluation Summary/Bid Tabulation Attached Response of Proposed Awardee 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 462 of 4167 EPA Draft 11-14-2024 AMENDMENT NO. 2 dated as of [___] among UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and CITY OF ENGLEWOOD in connection with the WIFIA Loan Agreement dated as of May 26, 2022, for the Englewood One Water Modernization Program – Water Utility System Project (WIFIA ID – 20113CO) Page 463 of 4167 AMENDMENT NO. 2 THIS AMENDMENT NO. 2 (this “Amendment”), dated as of [___], is by and between CITY OF ENGLEWOOD, a municipal corporation duly organized and operating as a home rule city under Article XX of the Constitution of the State of Colorado (the “State”) and the Charter of the City of Englewood, acting by and through its Water Utility Enterprise (as defined herein), with an address at 1000 Englewood Parkway, Englewood, Colorado 80110 (the “Borrower”), and the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, an agency of the United States of America, acting by and through the Administrator of the Environmental Protection Agency (the “Administrator”), with an address at 1200 Pennsylvania Avenue NW, Washington, DC 20460 (the “WIFIA Lender”). RECITALS: WHEREAS, pursuant to the Water Infrastructure Finance and Innovation Act (“WIFIA”), § 5021 et seq. of Public Law 113-121 (as amended, and as may be further amended from time to time, the “Act”), which is codified as 33 U.S.C. §§ 3901-3915, the WIFIA Lender is authorized to enter into agreements to provide financial assistance with one or more eligible entities to make secured loans with appropriate security features to finance a portion of the eligible costs of projects eligible for assistance; WHEREAS, the Borrower and the WIFIA Lender entered into that certain WIFIA Loan Agreement (WIFIA ID – 20113CO), dated as of May 26, 2022 and amended on November 2, 2023 (as amended, the “WIFIA Loan Agreement”), for the Project (as defined in the WIFIA Loan Agreement), for the provision of a WIFIA Loan (as defined in the WIFIA Loan Agreement) in a principal amount not to exceed thirty eight million four hundred sixteen thousand four hundred ninety Dollars ($38,416,490) (excluding interest that is capitalized in accordance with the terms thereof) to be used to pay a portion of the Eligible Project Costs (as defined in the WIFIA Loan Agreement) related to the Project; WHEREAS, the Borrower has requested to, among other things, amend the scope of work of the Project due to updates in the Borrower’s priorities and project costs, and the parties hereto have agreed to make certain amendments to the WIFIA Loan Agreement as set forth below; and WHEREAS, the WIFIA Lender has entered into this Amendment in reliance upon, among other things, the information and representations of the Borrower set forth in this Amendment and the supporting information provided by the Borrower. NOW THEREFORE, the parties to this Amendment hereby agree as follows: Page 464 of 4167 2 Section 1. Definitions. Except as otherwise expressly provided herein or unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the meanings specified in the WIFIA Loan Agreement. Section 2. Amendments. Each of the parties hereto hereby agree to amend the WIFIA Loan Agreement, as follows: (a) The definition of “Development Default” in Section 1 (Definitions) of the WIFIA Loan Agreement is hereby amended by deleting it in its entirety and replacing it with the following: ““Development Default” means (a) the Borrower abandons work or fails, in the reasonable judgment of the WIFIA Lender, to diligently prosecute the work related to the Project or (b) the Borrower fails to achieve Substantial Completion of the Project by December 30, 2029, unless a later date is otherwise agreed by the WIFIA Lender in its sole discretion.” (b) Schedule IV (Project Description) is hereby amended by deleting it in its entirety and replacing it with the schedule set forth in Annex A hereto. Section 3. Representations and Warranties. The Borrower represents and warrants that (a) the execution and delivery of this Amendment has been duly authorized; (b) this Amendment constitutes its legal, valid and binding obligation, enforceable in accordance with its terms; (c) the execution, delivery and performance of this Amendment does not conflict with any provision of its charter or applicable law; (d) the information it has provided to the WIFIA Lender in connection with this Amendment is true and correct in all material respects and does not omit any information related to the matters contemplated in this Amendment, the omission of which makes such information materially misleading in any respect; and (e) as of the date hereof, there is no Default or Event of Default, or any event that, with the giving of notice and/or the passage of time, would constitute a Default or Event of Default, that has occurred and is continuing. Section 4. Miscellaneous. (a) Each of the parties hereto agree that: (i) any reference in any of the WIFIA Loan Documents, or in any agreement, document or instrument contemplated thereby, to the WIFIA Loan Agreement shall be deemed to be a reference to the WIFIA Loan Agreement as amended by this Amendment; (ii) the terms and conditions of the WIFIA Loan Agreement shall continue in full force and effect unchanged, except as expressly amended by this Amendment; Page 465 of 4167 3 (iii) except as expressly provided in this Amendment, no provision of this Amendment shall be deemed (A) to be a consent, waiver, supplement to or modification of the term or any condition of the WIFIA Loan Agreement, any other WIFIA Loan Document or any of the instruments referred to therein, or (B) to prejudice any rights or remedies which the WIFIA Lender may have now or in the future under or in connection with the WIFIA Loan Agreement as amended by this Amendment, or any other WIFIA Loan Document; and (iv) this Amendment shall be a WIFIA Loan Document. (b) The provisions of Sections 18 (Disclaimer of Warranty) through (and including) Section 32 (Indemnification) of the WIFIA Loan Agreement are incorporated herein and shall apply herein, mutatis mutandis, as if set out in this Amendment in full (and as if each reference therein to “this Agreement” were, or included (as applicable), a reference to this Amendment. (c) This Amendment may be executed in any number of counterparts and by the different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute one and the same instrument; signature pages may be detached from multiple separate counterparts and attached to a single counterpart so that all signature pages are physically attached to the same document. Electronic signatures are effective, valid and enforceable for any counterpart to this Agreement executed by the parties hereto. Electronic delivery of an executed counterpart of a signature page of this Agreement or of any document or instrument delivered in connection herewith in accordance with Section 36 (Notices) of the WIFIA Loan Agreement shall be effective as delivery of an original executed counterpart of this Amendment or such other document or instrument, as applicable (d) This Amendment shall be effective as of the date set forth on the first page of this Amendment. [Signature pages follow on next page] Page 466 of 4167 [Signature Page to Amendment No. 2 to City of Englewood – Englewood One Water Modernization Program – Water Utility System Project (WIFIA ID – 20113CO)] IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed and delivered by their respective officers thereunto duly authorized as of the date first written above. CITY OF ENGLEWOOD, by its authorized representative By: ______________________________ Name: Othoniel Sierra Title: Mayor of the City of Englewood ATTEST: ______________________________ Stephanie Carlile, City Clerk Page 467 of 4167 [Signature Page to Amendment No. 2 to City of Englewood – Englewood One Water Modernization Program – Water Utility System Project (WIFIA ID – 20113CO)] UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, acting by and through the Administrator of the Environmental Protection Agency By: ______________________________ Name: Jorianne Jernberg Title: Director, WIFIA Program Page 468 of 4167 Annex C ANNEX A SCHEDULE IV PROJECT DESCRIPTION The Project is the Englewood One Water Modernization Program – Water Utility System Project, which consists of a combination of sub-projects for the modernization of drinking water treatment and conveyance systems, the replacement of outdated electrical and control systems, the replacement of lead pipe, the modernization of metering processes, and the initiation of a water reuse program, located in or nearby Englewood, Colorado. The Project includes the following components: • Allen Water Treatment Plant Reliability Improvements and Process Modernization: replacement of aging infrastructure, addition/improvement of chemical redundancy, construction or installation of new facilities to address the reliability of water supply and water aesthetics, and incorporation of safety improvements. • Pump Station Efficiency, Safety, and Controls Improvement: improvements at four remote pumping facilities to address aging assets, performance, operations efficiency, and safety issues. • Electrical, Controls, and Instrumentation Modernization: replacement of aging parts of electrical supply and control systems and installation of remote monitoring and valve actuation. • Lead Service Line Replacement: improvements for compliance with regulatory requirements, including improvements of sampling and notification, preparation of inventory, and replacement of lead service lines. • Metering Modernization: program to modernize the Borrower’s metering system with advanced metering infrastructure, for both residential and commercial customers. • Raw Water Augmentation: planning and evaluation of indirect potable water reuse, including assessing alternatives and options, reviewing water rights, identifying constructability restraints, reviewing environmental impact, evaluating permitting requirements, developing public outreach plan, and developing an implementation plan and schedule. • Utilities Operations Complex: address space limitations for Borrower staff, equipment, and vehicles throughout the Borrower’s system including the Utilities Operations Complex and the Allen Water Treatment Plant. Page 469 of 4167 EXECUTION VERSION UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WIFIA LOAN AGREEMENT For Up to $38,416,490 With CITY OF ENGLEWOOD For the ENGLEWOOD ONE WATER MODERNIZATION PROGRAM – WATER UTILITY SYSTEM PROJECT (WIFIA ID – 20113CO) Dated as of May 26, 2022 Page 470 of 4167 i TABLE OF CONTENTS Page ARTICLE I DEFINITIONS AND INTERPRETATION ...................................................2 Section 1. Definitions ...........................................................................................................2 Section 2. Interpretation .....................................................................................................17 ARTICLE II THE WIFIA LOAN .........................................................................................18 Section 3. WIFIA Loan Amount ........................................................................................18 Section 4. Disbursement Conditions ..................................................................................18 Section 5. Term ..................................................................................................................19 Section 6. Interest Rate .......................................................................................................19 Section 7. Security and Priority; Flow of Funds. ...............................................................20 Section 8. Payment of Principal and Interest .....................................................................21 Section 9. Prepayment ........................................................................................................23 Section 10. Fees and Expenses .............................................................................................24 ARTICLE III CONDITIONS PRECEDENT........................................................................26 Section 11. Conditions Precedent .........................................................................................26 ARTICLE IV REPRESENTATIONS AND WARRANTIES .............................................31 Section 12. Representations and Warranties of Borrower ...................................................31 Section 13. Representations and Warranties of WIFIA Lender ...........................................36 ARTICLE V COVENANTS ..................................................................................................36 Section 14. Affirmative Covenants ......................................................................................36 Section 15. Negative Covenants ...........................................................................................42 Section 16. Reporting Requirements ....................................................................................44 ARTICLE VI EVENTS OF DEFAULT ................................................................................48 Section 17. Events of Default and Remedies .......................................................................48 ARTICLE VII MISCELLANEOUS ........................................................................................51 Section 18. Disclaimer of Warranty .....................................................................................51 Section 19. No Personal Recourse .......................................................................................51 Section 20. No Third Party Rights .......................................................................................51 Section 21. Borrower’s Authorized Representative .............................................................52 Section 22. WIFIA Lender’s Authorized Representative ....................................................52 Section 23. Servicer ..............................................................................................................52 Section 24. Amendments and Waivers .................................................................................52 Section 25. Governing Law ..................................................................................................52 Section 26. Severability ........................................................................................................52 Section 27. Successors and Assigns .....................................................................................52 Section 28. Remedies Not Exclusive ...................................................................................53 Section 29. Delay or Omission Not Waiver .........................................................................53 Section 30. Counterparts ......................................................................................................53 Section 31. Notices ...............................................................................................................53 Section 32. Indemnification .................................................................................................54 Section 33. Sale of WIFIA Loan ..........................................................................................55 Section 34. Effectiveness .....................................................................................................55 Section 35. Termination .......................................................................................................55 Section 36. Integration .........................................................................................................55 Page 471 of 4167 ii SCHEDULE I – Project Budget SCHEDULE II – Construction Schedule SCHEDULE III – Existing Indebtedness SCHEDULE IV – Project Description SCHEDULE 12(f) – Litigation SCHEDULE 12(n) – Existing Construction Contracts SCHEDULE 12(p) – Environmental Matters EXHIBIT A – Form of WIFIA Bond EXHIBIT B – Anticipated WIFIA Loan Disbursement Schedule EXHIBIT C – Form of Non-Debarment Certificate EXHIBIT D-1 – Requisition Procedures EXHIBIT D-2 – Certification of Eligible Project Costs Documentation EXHIBIT E – Form of Non-Lobbying Certificate EXHIBIT F – WIFIA Debt Service EXHIBIT G-1 – Opinions Required from Counsel to Borrower EXHIBIT G-2 – Opinions Required from Bond Counsel EXHIBIT H – Form of Closing Certificate EXHIBIT I – Form of Certificate of Substantial Completion EXHIBIT J – Form of Quarterly Report EXHIBIT K – Form of Public Benefits Report Page 472 of 4167 EXECUTION VERSION WIFIA LOAN AGREEMENT THIS WIFIA LOAN AGREEMENT (this “Agreement”), dated as of May 26, 2022, is by and between CITY OF ENGLEWOOD, a municipal corporation duly organized and operating as a home rule city under Article XX of the Constitution of the State of Colorado (the “State”) and the Charter of the City of Englewood, acting by and through its Water Utility Enterprise (as defined herein), with an address at 1000 Englewood Parkway, Englewood, Colorado 80110 (the “Borrower”), and the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, an agency of the United States of America, acting by and through the Administrator of the Environmental Protection Agency (the “Administrator”), with an address at 1200 Pennsylvania Avenue NW, Washington, DC 20460 (the “WIFIA Lender”). RECITALS: WHEREAS, the Congress of the United States of America enacted the Water Infrastructure Finance and Innovation Act, as amended by Section 1445 of the Fixing America’s Surface Transportation Act of 2015, as further amended by Section 5008 of the Water Infrastructure Improvements For the Nation Act of 2016, Section 4201 of America’s Water Infrastructure Act of 2018 and Sections 50214 and 50215 of the Infrastructure Investment and Jobs Act of 2021 (collectively, as the same may be amended from time to time, the “Act” or “WIFIA”), which is codified as 33 U.S.C. §§ 3901–3914; WHEREAS, the Act authorizes the WIFIA Lender to enter into agreements to provide financial assistance with one or more eligible entities to make secured loans with appropriate security features to finance a portion of the eligible costs of projects eligible for assistance; WHEREAS, the Borrower has requested that the WIFIA Lender make the WIFIA Loan (as defined herein) in a principal amount not to exceed $38,416,490 (excluding interest that is capitalized in accordance with the terms hereof) to be used to pay a portion of the Eligible Project Costs (as defined herein) related to the Project (as defined herein) pursuant to the application for WIFIA financial assistance dated September 22, 2021 (the “Application”); WHEREAS, as of the date hereof, the Administrator has approved WIFIA financial assistance for the Project to be provided in the form of the WIFIA Loan, subject to the terms and conditions contained herein; WHEREAS, based on the Application and the representations, warranties and covenants set forth herein, the WIFIA Lender proposes to make funding available to the Borrower through the purchase of the WIFIA Bond (as defined herein), upon the terms and conditions set forth herein; WHEREAS, the Borrower agrees to repay any amount due pursuant to this Agreement and the WIFIA Bond in accordance with the terms and provisions hereof and of the WIFIA Bond; and WHEREAS, the WIFIA Lender has entered into this Agreement in reliance upon, among other things, the information and representations of the Borrower set forth in the Application and the supporting information provided by the Borrower. Page 473 of 4167 2 NOW, THEREFORE, the premises being as stated above, and for good and valuable consideration, the receipt and sufficiency of which are acknowledged to be adequate, and intending to be legally bound hereby, it is hereby mutually agreed by and between the Borrower and the WIFIA Lender as follows: ARTICLE I DEFINITIONS AND INTERPRETATION Section 1. Definitions. Unless the context otherwise requires, capitalized terms used in this Agreement shall have the meanings set forth below in this Section 1 or as otherwise defined in this Agreement. Any term used in this Agreement that is defined by reference to any other agreement shall continue to have the meaning specified in such agreement, whether or not such agreement remains in effect. “Acceleration Right” has the meaning provided in Section 17(c)(vi) (Events of Default and Remedies). “Act” means the Act as defined in the recitals hereto. “Additional Construction Contract” means, with respect to the Project, each Construction Contract entered into after the Effective Date. “Additional Obligations” means any Additional Parity Lien Obligations and any Additional Subordinate Lien Obligations. “Additional Parity Lien Obligations” means any Parity Lien Obligations permitted under Section 15(a) (Negative Covenants – Indebtedness) and under the Parity Issuance Documents, which Parity Lien Obligations are issued or incurred on or after the Effective Date. “Additional Subordinate Lien Obligations” means any Subordinate Lien Obligations permitted under Section 15(a) (Negative Covenants – Indebtedness) and under the Parity Issuance Documents, which Subordinate Lien Obligations are issued or incurred after the Effective Date. “Administrator” has the meaning provided in the preamble hereto. “Agreement” has the meaning provided in the preamble hereto. “Anticipated WIFIA Loan Disbursement Schedule” means the schedule set forth in Exhibit B (Anticipated WIFIA Loan Disbursement Schedule), reflecting the anticipated disbursement of proceeds of the WIFIA Loan, as such schedule may be amended from time to time pursuant to Section 4(c) (Disbursement Conditions). “Anti-Corruption Laws” means all laws, rules and regulations of any jurisdiction from time to time concerning or relating to bribery or corruption. Page 474 of 4167 3 “Anti-Money Laundering Laws” means all U.S. and other applicable laws, rules and regulations of any jurisdiction from time to time concerning or related to anti-money laundering, including but not limited to those contained in the Bank Secrecy Act and the Patriot Act. “Application” has the meaning provided in the recitals hereto. “Bank Secrecy Act” means the Bank Secrecy Act of 1970, as amended, and the regulations promulgated thereunder. “Bankruptcy Related Event” means, with respect to any Person, (a) an involuntary proceeding shall be commenced or an involuntary petition shall be filed seeking (i) liquidation, reorganization or other relief in respect of such Person or any of its debts, or of a substantial part of the assets thereof, under any Insolvency Laws, or (ii) the appointment of a receiver, trustee, liquidator, custodian, sequestrator, conservator or similar official for such Person or for a substantial part of the assets thereof and, in any case referred to in the foregoing subclauses (i) and (ii), such proceeding or petition shall continue undismissed for sixty (60) days or an order or decree approving or ordering any of the foregoing shall be entered; (b) such Person shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator, custodian, sequestrator, conservator or similar official therefor or for a substantial part of the assets thereof, (ii) generally not be paying its debts as they become due unless such debts are the subject of a bona fide dispute, or become unable to pay its debts generally as they become due, (iii) solely with respect to the Borrower, fail to make a payment of WIFIA Debt Service in accordance with the provisions of Section 8 (Payment of Principal and Interest) and such failure is not cured within thirty (30) days following notification by the WIFIA Lender of failure to make such payment, (iv) make a general assignment for the benefit of creditors, (v) consent to the institution of, or fail to contest in a timely and appropriate manner, any proceeding or petition with respect to it described in clause (a) of this definition, (vi) commence a voluntary proceeding under any Insolvency Law, or file a voluntary petition seeking liquidation, reorganization, an arrangement with creditors or an order for relief, in each case under any Insolvency Law, (vii) file an answer admitting the material allegations of a petition filed against it in any proceeding referred to in the foregoing subclauses (i) through (v), inclusive, of this clause (b), or (viii) take any action for the purpose of effecting any of the foregoing, including seeking approval or legislative enactment by any Governmental Authority to authorize commencement of a voluntary proceeding under any Insolvency Law; (c) (i) any Person shall commence a process pursuant to which all or a substantial part of the Pledged Property may be sold or otherwise disposed of in a public or private sale or disposition pursuant to a foreclosure of the Liens thereon securing the Parity Lien Obligations, or (ii) any Person shall commence a process pursuant to which all or a substantial part of the Pledged Property may be sold or otherwise disposed of pursuant to a sale or disposition of such Pledged Property in lieu of foreclosure; or (d) any receiver, trustee, liquidator, custodian, sequestrator, conservator or similar official shall transfer, pursuant to directions issued by the Bondholders, funds on deposit in the Water Fund (including any accounts or subaccounts established therein) upon the occurrence and during the continuation of an Event of Default under this Agreement or an event of default under any other Parity Issuance Documents for application to the prepayment or repayment of any principal amount of the Parity Lien Obligations other than in accordance with the provisions of the WIFIA Ordinance. Page 475 of 4167 4 “Base Case Financial Model” means the financial model or plan, prepared by the Borrower and delivered to the WIFIA Lender as part of the Application, forecasting the capital costs of the Water Utility System (including the Project) and the estimated debt service coverage, rates, revenues, operating expenses and major maintenance requirements of the Water Utility System (as may be applicable) for the Forecast Period and based upon assumptions and methodology provided by the Borrower and acceptable to the WIFIA Lender as of the Effective Date, which model or plan shall have been provided to the WIFIA Lender as a fully functional Microsoft Excel-based financial model or such other format agreed with the WIFIA Lender. “Bondholder” means, when used with respect to the WIFIA Bond, the WIFIA Lender (and any subsequent registered owner of the WIFIA Bond) and, when used with respect to any other Obligation, the registered owner of such Obligation. “Borrower” has the meaning provided in the preamble hereto. “Borrower Fiscal Year” means (a) as of the Effective Date, a fiscal year of the Borrower commencing on January 1 of any calendar year and ending on December 31 of such year or (b) such other fiscal year as the Borrower may hereafter adopt after giving thirty (30) days’ prior written notice to the WIFIA Lender in accordance with Section 15(f) (Negative Covenants – Fiscal Year). “Borrower’s Authorized Representative” means any Person who shall be designated as such pursuant to Section 21 (Borrower’s Authorized Representative). “Business Day” means any day other than a Saturday, a Sunday or a day on which offices of the Government or the State are authorized to be closed or on which commercial banks are authorized or required by law, regulation or executive order to be closed in New York, New York or Englewood, Colorado. “Capital Improvements” means the acquisition of water and water rights, land, easements, facilities and equipment (other than ordinary repairs and replacements), and the construction or reconstruction of improvements, betterments and extensions, for use by or in connection with the Water Utility System which, under GAAP, are properly chargeable as capital items. “Capitalized Interest Period” means the period from (and including) the date of the first disbursement of the WIFIA Loan to (but excluding) the first day of the initial Payment Period, subject to earlier termination as set forth in Section 8(b) (Payment of Principal and Interest – Capitalized Interest Period). “City Charter” means the home rule charter adopted by the Borrower, as amended. “City Council” means the governing body of the Borrower. “Congress” means the Congress of the United States of America. “Construction Contract” means, with respect to the Project, any prime contract entered into by the Borrower with respect to the Project that involves any construction activity (such as demolition, site preparation, civil works construction, installation, remediation, refurbishment, Page 476 of 4167 5 rehabilitation, or removal and replacement services). For the avoidance of doubt, “Construction Contract” shall include each Existing Construction Contract and, upon the effectiveness thereof, each Additional Construction Contract. “Construction Contractor” means any Person (other than the Borrower) party to a Construction Contract. “Construction Period” means the period from the Effective Date through the Substantial Completion Date. “Construction Period Servicing Fee” has the meaning set forth in Section 10(a)(ii) (Fees and Expenses – Fees). “Construction Schedule” means (a) the initial schedule or schedules on which the construction timetables for the Project are set forth, attached as Schedule II (Construction Schedule), and (b) any updates thereto included in the periodic reports submitted to the WIFIA Lender pursuant to Section 16(d) (Reporting Requirements – Construction Reporting) most recently approved by the WIFIA Lender. “Control” means, when used with respect to any particular Person, the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such Person, whether through the ownership of voting securities or partnership or other ownership interests, by contract or otherwise, and the terms “Controlling” and “Controlled by” have meanings correlative to the foregoing. “CPI” means the Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average for All Items, 1982-84=100 (not seasonally adjusted) or its successor, published by the Bureau of Labor Statistics and located at https://www.bls.gov/news.release/cpi.t01.htm. “Debt Service Accounts” means the accounts and subaccounts within the Water Fund established for the payment of the debt service on Parity Lien Obligations (including the WIFIA Bond Account) and Subordinate Lien Obligations. “Debt Service Payment Commencement Date” means the earliest to occur of either (a) February 1, 2031; or (b) if the Capitalized Interest Period ends pursuant to Section 8(b) (Payment of Principal and Interest – Capitalized Interest Period) due to the occurrence of an Event of Default, the first Payment Date immediately following the end of the Capitalized Interest Period; or (c) the Payment Date falling closest to, but not later than, the fifth anniversary of the Substantial Completion Date. “Default” means any event or condition that, with the giving of any notice, the passage of time, or both, would be an Event of Default. “Default Rate” means an interest rate equal to the sum of (a) the WIFIA Interest Rate plus (b) 200 basis points. Page 477 of 4167 6 “Development Default” means (a) the Borrower abandons work or fails, in the reasonable judgment of the WIFIA Lender, to diligently prosecute the work related to the Project or (b) the Borrower fails to achieve Substantial Completion of the Project by December 30, 2028. “Dollars” and “$” means the lawful currency of the United States of America. “Effective Date” means the date of this Agreement. “Eligible Project Costs” means amounts in the Project Budget approved by the WIFIA Lender, which are paid by or for the account of the Borrower in connection with the Project (including, as applicable, Project expenditures incurred prior to the receipt of WIFIA credit assistance), which shall arise from the following: (a) development-phase activities, including planning, feasibility analysis (including any related analysis necessary to carry out an eligible project), revenue forecasting, environmental review, permitting, preliminary engineering and design work and other preconstruction activities; (b) construction, reconstruction, rehabilitation, and replacement activities; (c) the acquisition of real property or an interest in real property (including water rights, land relating to the Project and improvements to land), environmental mitigation (including acquisitions pursuant to Section 3905(8) of Title 33 of the United States Code), construction contingencies, and acquisition of equipment; or (d) capitalized interest (with respect to Obligations other than the WIFIA Loan) necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction; provided, that Eligible Project Costs must be consistent with all other applicable federal law, including the Act. “Eligible Project Costs Documentation” has the meaning provided in Section 1 of Exhibit D-1 (Requisition Procedures). “EMMA” means the Electronic Municipal Market Access system as described in 1934 Act Release No. 59062 and maintained by the Municipal Securities Rulemaking Board established pursuant to Section 15B(b)1 of the Securities Exchange Act of 1934, as amended, and its successors. “Environmental Laws” has the meaning provided in Section 12(p) (Representations and Warranties of Borrower – Environmental Matters). “EPA” means the United States Environmental Protection Agency. “Event of Default” has the meaning provided in Section 17(a) (Events of Default and Remedies). Page 478 of 4167 7 “Event of Loss” means any event or series of events that causes any portion of the Water Utility System to be damaged, destroyed or rendered unfit for normal use for any reason whatsoever, including through a casualty, a failure of title, or any loss of such property through eminent domain. “Existing Construction Contract” means each contract of the Borrower set forth in Schedule 12(n) (Existing Construction Contracts). “Federal Fiscal Year” means the fiscal year of the Government, which is the twelve (12) month period that ends on September 30 of the specified calendar year and begins on October 1 of the preceding calendar year. “Final Disbursement Date” means the earliest of (a) the date on which the WIFIA Loan has been disbursed in full; (b) the last anticipated date of disbursement set forth in the then-current Anticipated WIFIA Loan Disbursement Schedule; (c) the date on which the Borrower has certified to the WIFIA Lender that it will not request any further disbursements under the WIFIA Loan; (d) the date on which the WIFIA Lender terminates its obligations relating to disbursements of any undisbursed amounts of the WIFIA Loan in accordance with Section 17 (Events of Default and Remedies); and (e) the date that is one (1) year after the Substantial Completion Date. “Final Maturity Date” means the earlier of (a) August 1, 2062 (or such earlier date as is set forth in an updated Exhibit F (WIFIA Debt Service) pursuant to Section 8(e) (Payment of Principal and Interest – Adjustments to Loan Amortization Schedule)); and (b) the Payment Date immediately preceding the date that is thirty-five (35) years following the Substantial Completion Date. “Financial Statements” has the meaning provided in Section 12(t) (Representations and Warranties of Borrower – Financial Statements). “Forecast Period” means, as of any date, the time period from and including the then- current Borrower Fiscal Year until the later ending date of either (a) the immediately succeeding five (5) Borrower Fiscal Years or (b) the end of the Borrower Fiscal Year in which the Borrower’s then-currently effective capital improvement plan for the Water Utility System concludes. “GAAP” means generally accepted accounting principles for U.S. state and local governments, as established by the Government Accounting Standards Board (or any successor entity with responsibility for establishing accounting rules for governmental entities), in effect from time to time in the United States of America. “Government” means the United States of America and its departments and agencies. “Governmental Approvals” means all authorizations, consents, approvals, waivers, exceptions, variances, filings, permits, orders, licenses, exemptions and declarations of or with any Governmental Authority. “Governmental Authority” means any federal, state, provincial, county, city, town, village, municipal or other government or governmental department, commission, council, court, Page 479 of 4167 8 board, bureau, agency, authority or instrumentality (whether executive, legislative, judicial, administrative or regulatory), of or within the United States of America or its territories or possessions, including the State and its counties and municipalities, and their respective courts, agencies, instrumentalities and regulatory bodies, or any entity that acts “on behalf of” any of the foregoing, whether as an agency or authority of such body. “Government Obligations” means (a) direct obligations of, or obligations on which the timely payment of principal and interest are fully and unconditionally guaranteed by, the Government, (b) bonds, debentures or notes issued by any of the following federal agencies: Banks for Cooperatives, Federal Intermediate Credit Banks, Federal Home Loan Banks, Export- Import Bank of the United States, Government National Mortgage Association or Federal Land Banks, (c) obligations issued or guaranteed by a Person controlled or supervised by and acting as an instrumentality of the Government pursuant to authority granted by the Congress, and (d) evidences of ownership of proportionate interests in future interest or principal payments on obligations specified in clauses (a), (b) and (c) of this definition held by a bank or trust company as custodian and which underlying obligations are not available to satisfy any claim of the custodian or any Person claiming through the custodian or to whom the custodian may be obligated, in each case. “Gross Revenues” means all income and revenues derived directly or indirectly from the operation and use of, and otherwise pertaining to, the Water Utility System or any part thereof, whether resulting from repairs, enlargements, extensions, betterments or other improvements to the Water Utility System, or otherwise, including all fees, rates and other charges for the use of the Water Utility System, or for any service rendered in connection with the Water Utility System in its operations, directly or indirectly, the availability of any such service, or the sale or other disposal of any commodities derived therefrom, and all income or gain from the investment of such income and revenues, but excluding (a) any refund of fees, rates and other charges for the use of the Water Utility System, (b) any moneys received as grants, appropriations or gifts from the federal government, the State or other sources, the use of which is limited or restricted by the grantor or donor to the acquisition or construction of Capital Improvements or for other purposes resulting in the general unavailability thereof, except to the extent any such moneys shall be received as payments for the use of the Water Utility System, services rendered thereby, the availability of any such service, or the disposal of any commodities therefrom, (c) any moneys deposited by third parties which are held in any escrow for extensions, modifications, or upgrading of the Water Utility System and the use of which is limited or restricted to the construction of Capital Improvements, (d) any moneys borrowed for, or special assessments imposed in connection with, the acquisition and construction of Capital Improvements, and (e) any moneys and securities, and interest and other gain from investment of such money and from such securities in any refunding fund or escrow account or similar account pledged to the payment of any bonds or other obligations therein specified. “Indemnitee” has the meaning provided in Section 32 (Indemnification). “Insolvency Laws” means the United States Bankruptcy Code, 11 U.S.C. § 101 et seq., as from time to time amended and in effect, and any state bankruptcy, insolvency, receivership, conservatorship or similar law now or hereafter in effect. Page 480 of 4167 9 “Interest Payment Date” means, in relation to the WIFIA Bond, each February 1 and August 1, commencing on the Debt Service Payment Commencement Date, and in relation to all other Obligations, each February 1 and August 1, commencing on the date established by the Borrower in the applicable Issuance Documents. “Investment Grade Rating” means a public rating no lower than ‘BBB-’, ‘Baa3’, ‘bbb-’, ‘BBB (low)’, or higher, from a Nationally Recognized Rating Agency. “Issuance Documents” means, collectively and individually, any (a) ordinance, resolution, indenture, trust agreement or other document adopted or entered into by the Borrower for the purpose of authorizing the issuance of Obligations and (b) each other agreement, instrument and document executed and delivered pursuant to or in connection with any of the foregoing. “Lien” means any mortgage, pledge, hypothecation, assignment, mandatory deposit arrangement, encumbrance, attachment, lien (statutory or other), charge or other security interest, or preference, priority or other security agreement or preferential arrangement of any kind or nature whatsoever, including any sale-leaseback arrangement, any conditional sale or other title retention agreement, any financing lease having substantially the same effect as any of the foregoing, and the filing of any financing statement or similar instrument under the UCC or any other applicable law. “Loan Amortization Schedule” means the Loan Amortization Schedule reflected in the applicable column of Exhibit F (WIFIA Debt Service), as amended from time to time in accordance with Section 8(e) (Payment of Principal and Interest – Adjustments to Loan Amortization Schedule). “Loss Proceeds” means any proceeds of builders’ risk or casualty insurance (other than any proceeds from any policy of business interruption insurance insuring against loss of revenues upon the occurrence of certain casualties or events covered by such policy of insurance) or proceeds of eminent domain proceedings resulting from any Event of Loss. “Material Adverse Effect” means a material adverse effect on (a) the Water Utility System, the Project or the Revenues, (b) the business, operations, properties, condition (financial or otherwise) or prospects of the Borrower, (c) the legality, validity or enforceability of any material provision of the WIFIA Ordinance or any WIFIA Loan Document, (d) the ability of the Borrower to enter into, perform or comply with any of its material obligations under any WIFIA Loan Document, (e) the validity, enforceability or priority of the Liens provided under the WIFIA Ordinance on the Pledged Property in favor of the Secured Parties or (f) the WIFIA Lender’s rights or remedies available under any WIFIA Loan Document. “Maximum Annual Debt Service” means the maximum amount in a given Borrower Fiscal Year when adding all current and proposed debt service that would be payable in that Borrower Fiscal Year. “Nationally Recognized Rating Agency” means any nationally recognized statistical rating organization identified as such by the Securities and Exchange Commission. Page 481 of 4167 10 “NEPA” means the National Environmental Policy Act of 1969, as amended, and any successor statute of similar import, and regulations thereunder, in each case as in effect from time to time. “NEPA Determination” means the Finding of No Significant Impact for the Project issued by EPA on May 25, 2022 in accordance with NEPA. “Net Loss Proceeds” means Loss Proceeds after excluding any proceeds of delay-in-start- up insurance and proceeds covering liability of the Borrower to third parties. “Net Revenues” means Gross Revenues remaining after the payment of Operation and Maintenance Expenses. “Non-Debarment Certificate” means a certificate, signed by the Borrower’s Authorized Representative, as to the absence of debarment, suspension or voluntary exclusion from participation in Government contracts, procurement and non-procurement matters with respect to the Borrower and its principals (as defined in 2 C.F.R. § 180.995 and supplemented by 2 C.F.R. 1532.995), substantially in the form attached hereto as Exhibit C (Form of Non-Debarment Certificate). “Non-Lobbying Certificate” means a certificate, signed by the Borrower’s Authorized Representative, with respect to the prohibition on the use of appropriated funds for lobbying pursuant to 49 C.F.R. § 20.100(b), substantially in the form attached hereto as Exhibit E (Form of Non-Lobbying Certificate). “O&M Reserve Requirement” means an amount equal to the lesser of (a) three (3) months of Operation and Maintenance Expenses, as set forth in the Water Fund annual budget for the current Borrower Fiscal Year or (b) $1,250,000. “Obligations” means debt of the Borrower that is secured by a pledge and lien on all or a portion of the Net Revenues, including the Parity Lien Obligations and any Subordinate Lien Obligations. “OFAC” means the Office of Foreign Assets Control of the United States Department of the Treasury. “Operating Period Servicing Fee” has the meaning set forth in Section 10(a)(iii) (Fees and Expenses – Fees). “Operation and Maintenance Expenses” means all reasonable and necessary current expenses of the Borrower, paid or accrued, for operating, maintaining, and repairing the Water Utility System, including without limitation legal and overhead expenses of the Borrower directly related to the administration of the Water Utility System; provided however, that there shall be excluded from Operation and Maintenance Expenses (a) any allowance or transfers for depreciation, (b) any costs of improvement, extension or betterment that qualify as Capital Improvements or incurred in connection therewith, and (c) payments due in connection with any bonds, notes, loans or other multiple fiscal year obligations issued or incurred to provide Capital Page 482 of 4167 11 Improvements or to refund Obligations. For purposes of the above definition, expenses shall, to the extent possible, be determined in accordance with GAAP. “Organizational Documents” means: (a) the constitutional and statutory provisions that are the basis for the existence and authority of the Borrower, including the City Charter any other organic laws establishing the Borrower and (b) the ordinances, resolutions, bylaws, code of regulations, operating procedures or other organizational documents (including any amendments, modifications or supplements thereto) of or adopted by the Borrower by which the Borrower, its powers, operations or procedures or its securities, bonds, notes or other obligations are governed or from which such powers are derived. “Outstanding” means (a) with respect to Obligations other than the WIFIA Loan, Obligations that have not been cancelled or legally defeased or discharged within the meaning of the applicable Issuance Documents, and (b) with respect to the WIFIA Loan, the (i) entire amount available to be drawn under this Agreement (including amounts drawn and amounts that remain available to be drawn), less (ii) any amount that has been irrevocably determined will not be drawn under this Agreement, less (iii) the aggregate principal amount of the WIFIA Loan Balance that has been repaid. “Parity Issuance Documents” means, collectively and individually, the Issuance Documents with respect to Parity Lien Obligations, including the WIFIA Loan Documents and any Issuance Documents with respect to Additional Parity Lien Obligations. “Parity Lien Obligations” means the WIFIA Loan (and corresponding WIFIA Bond) and any Additional Parity Lien Obligations. “Patriot Act” means the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, as amended, and all regulations promulgated thereunder. “Payment Date” means each Interest Payment Date and each Principal Payment Date. “Payment Default” has the meaning provided in Section 17(a)(i) (Events of Default and Remedies – Payment Default). “Payment Period” means the six (6) month period beginning on August 1, 2030 and ending on January 31, 2031, and each succeeding six (6) month period thereafter; provided, that, that if the Debt Service Payment Commencement Date begins earlier than February 1, 2031, the first Payment Period shall be the six (6) month period ending on the date immediately prior to the Debt Service Payment Commencement Date. “Permitted Debt” means: (a) the WIFIA Loan; (b) Additional Parity Lien Obligations that satisfy the requirements of Section 15(a) (Negative Covenants – Indebtedness) and the WIFIA Ordinance; and Page 483 of 4167 12 (c) Additional Subordinate Lien Obligations that satisfy the requirements of Section 15(a) (Negative Covenants – Indebtedness) and the WIFIA Ordinance. “Permitted Investments” means: (a) Government Obligations; (b) certificates of deposit where the certificates are collaterally secured by securities of the type described in clause (a) of this definition and held by a third party as escrow agent or custodian, of a market value not less than the amount of the certificates of deposit so secured, including interest, but this collateral is not required to the extent the certificates of deposit are insured by the Government; (c) repurchase agreements with creditworthy counterparties, when collateralized by securities of the type described in clause (a) of this definition and held by a third party as escrow agent or custodian, of a market value not less than the amount of the repurchase agreement so collateralized, including interest; (d) investment agreements or guaranteed investment contracts rated, or with any financial institution whose senior long-term debt obligations are rated, or guaranteed by a financial institution whose senior long-term debt obligations are rated in one of the two (2) highest Rating Categories for comparable types of obligations by any Nationally Recognized Rating Agency;and (e) money market funds that invest solely in obligations of the United States of America, its agencies and instrumentalities, and having a rating by a Nationally Recognized Rating Agency equal to the then applicable rating of the United States of America by such Nationally Recognized Rating Agency. “Permitted Liens” means: (a) Liens imposed pursuant to the WIFIA Loan Documents; (b) Liens imposed pursuant to Parity Issuance Documents or Issuance Documents for Subordinate Lien Obligations in respect of Permitted Debt; (c) Liens imposed by law, including Liens for taxes that are not yet due or are being contested in compliance with Section 14(j) (Affirmative Covenants – Material Obligations); (d) carriers’, warehousemen’s, mechanics’, materialmen’s, repairmen’s and other like Liens imposed by law, arising in the ordinary course of business and securing obligations that are not overdue by more than thirty (30) days or are being contested in compliance with Section 14(j) (Affirmative Covenants – Material Obligations); (e) pledges and deposits made in the ordinary course of business in compliance with workers’ compensation, unemployment insurance, and other social security laws or regulations; Page 484 of 4167 13 (f) deposits to secure the performance of bids, trade contracts, leases, statutory obligations, surety and appeal bonds, performance bonds and other obligations of a like nature, in each case in the ordinary course of business; (g) judgment Liens in respect of judgments that do not constitute an Event of Default under Section 17(a)(vi) (Events of Default and Remedies – Material Adverse Judgment); and (h) easements, zoning restrictions, rights-of-way and similar encumbrances on real property imposed by law or arising in the ordinary course of business that, in any case, do not secure any monetary obligations and do not materially detract from the value of the affected property or interfere with the ordinary conduct of business of the Borrower. “Person” means and includes an individual, a general or limited partnership, a joint venture, a corporation, a limited liability company, a trust, an unincorporated organization and any Governmental Authority. “Pledged Property” means the Net Revenues, including all amounts on deposit in or credited to the Debt Service Accounts and all amounts in respect of Net Revenues that are on deposit in or credited to any other account or subaccount of the Water Fund. “Principal Payment Date” means, in relation to the WIFIA Bond, each August 1, commencing on August 1, 2031, and in relation to all other Obligations, each August 1, commencing on the date established by the Borrower in the applicable Issuance Documents. “Pro Rata Portion” means when used with respect to a required credit to or deposit in the applicable Debt Service Accounts, the dollar amount derived by dividing the amount of principal or interest to come due on the next scheduled principal or interest Payment Date, as applicable, by the number of months prior to such Payment Date. “Project” means the Englewood One Water Modernization Program – Water Utility System Project, which consists of a combination of sub-projects for the modernization of drinking water treatment and conveyance systems, the replacement of outdated electrical and control systems, the replacement of lead pipe, the modernization of metering processes, and the initiation of a water reuse program, located in or nearby Englewood, Colorado, as further described in Schedule IV (Project Description). “Project Budget” means the budget for the Project attached to this Agreement as Schedule I (Project Budget) showing a summary of Total Project Costs with a breakdown of all Eligible Project Costs and the estimated sources and uses of funds for the Project. “Projected Substantial Completion Date” means December 30, 2027, as such date may be adjusted in accordance with Section 16(d) (Reporting Requirements – Construction Reporting). “Public Benefits Report” has the meaning provided in Section 16(e) (Reporting Requirements – Public Benefits Report). Page 485 of 4167 14 “Rate Covenant” has the meaning set forth in Section 14(a)(i) (Affirmative Covenants – Rate Covenant). “Related Documents” means the Parity Issuance Documents and the WIFIA Loan Documents. “Requisition” has the meaning provided in Section 4(a) (Disbursement Conditions). “Sanctioned Country” means, at any time, a country or territory which is itself the subject or target of any Sanctions. “Sanctioned Person” means, at any time, (a) any Person listed in any Sanctions-related list of designated Persons maintained by OFAC or the U.S. Department of State, (b) any Person operating, organized or resident in a Sanctioned Country, or (c) any Person owned or controlled by any such Person or Persons. “Sanctions” means economic or financial sanctions or trade embargoes imposed, administered, or enforced from time to time by the Government, including those administered by OFAC or the U.S. Department of State. “Secured Parties” means the WIFIA Lender and any other Bondholder. “Servicer” means such entity or entities as the WIFIA Lender shall designate from time to time to perform, or assist the WIFIA Lender in performing, certain duties hereunder. “Servicing Fee” means the Servicing Set-Up Fee and any Construction Period Servicing Fee or Operating Period Servicing Fee. “Servicing Set-Up Fee” has the meaning set forth in Section 10(a)(i) (Fees and Expenses – Fees). “State” has the meaning provided in the preamble hereto. “Subordinate Lien Obligations” means any Obligation that is subordinate (in priority of payment and security interest) to the Parity Lien Obligations. “Substantial Completion” means, with respect to the Project, the stage at which the Project is able to perform the functions for which the Project is designed. “Substantial Completion Date” means the date on which the Borrower certifies to the WIFIA Lender, with evidence satisfactory to the WIFIA Lender, that Substantial Completion has occurred. “Technical and Rate Consultant” means a single individual or firm, or a combination of one or more individuals or firms, not related to the Borrower and considered independent with respect to the Borrower (i.e. not an employee of the Borrower or any affiliate of the Borrower) authorized to do business in and qualified to practice in the areas required to provide the services required of the Technical and Rate Consultant, that together have expertise in the technical Page 486 of 4167 15 requirements for operation and maintenance of systems similar in size and scope to the Water Utility System and delivering the services provided by the Water Utility System, and establishing rates and charges for governmental water or wastewater systems similar in size and scope to the Water Utility System, selected by the Borrower and reasonably acceptable to the WIFIA Lender. “Total Project Costs” means (a) the costs paid or incurred or to be paid or incurred by the Borrower in connection with or incidental to the acquisition, design, construction and equipping of the Project, including legal, administrative, engineering, planning, design, insurance and financing (including costs of issuance); (b) amounts, if any, required by the WIFIA Loan Documents to be paid into any fund or account upon the incurrence of the WIFIA Loan, any Parity Lien Obligations or any Subordinate Lien Obligations, in each case in respect of the Project; (c) payments when due (whether at the maturity of principal, the due date of interest, or upon optional or mandatory prepayment) in respect of any indebtedness of the Borrower, in each case in connection with the acquisition, design, construction and equipping of the Project (other than the WIFIA Loan); and (d) costs of equipment and supplies and initial working capital and reserves required by the Borrower for the commencement of operation of the Project, including general administrative expenses and overhead of the Borrower. “Uncontrollable Force” means any cause beyond the control of the Borrower, including: (a) a hurricane, tornado, flood or similar occurrence, landslide, earthquake, fire or other casualty, strike or labor disturbance, freight embargo, act of a public enemy, explosion, war, blockade, terrorist act, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, sabotage, pandemic or act of God (provided, that the Borrower shall not be required to settle any strike or labor disturbance in which it may be involved) or (b) the order or judgment of any federal, state or local court, administrative agency or governmental officer or body, if it is not also the result of willful or negligent action or a lack of reasonable diligence of the Borrower and the Borrower does not control the administrative agency or governmental officer or body; provided, that the diligent contest in good faith of any such order or judgment shall not constitute or be construed as a willful or negligent action or a lack of reasonable diligence of the Borrower. “Uniform Commercial Code” or “UCC” means the Uniform Commercial Code, as in effect from time to time in the State. “Updated Financial Model/Plan” means (a) an updated Base Case Financial Model or (b) a financial plan in a format agreed with the WIFIA Lender, in each case reflecting the then-current and projected conditions for the Forecast Period, in accordance with Section 16(a) (Reporting Requirements – Updated Financial Model/Plan). “Variable Interest Rate” means a variable interest rate to be borne by any Permitted Debt. The method of computing such variable interest rate shall be specified in the Issuance Documents pursuant to which such Permitted Debt is incurred. Such Issuance Documents shall also specify either (a) the particular period or periods of time for which each value of such variable interest rate shall remain in effect or (b) the time or times upon which any change in such variable interest rate shall become effective. Page 487 of 4167 16 “Variable Interest Rate Obligations” means Permitted Debt which bears a Variable Interest Rate but does not include any Permitted Debt for which the interest rate has been fixed during the remainder of the term thereof to maturity. “Water Fund” shall have the meaning set forth in the WIFIA Ordinance. “Water Utility Enterprise” means the “enterprise” of the Borrower, within the meaning of Article X, Section 20 of the State Constitution, established for the purpose of operating the Water Utility System. “Water Utility System” means all of the Borrower’s water facilities and properties now owned or hereafter acquired, whether situated within or without the geographical boundaries of the Borrower, including all present or future improvements, extensions, enlargements, betterments, replacements or additions thereof or thereto, including but not limited to the Project. “WIFIA” has the meaning provided in the recitals hereto. “WIFIA Bond” means the Bond delivered by the Borrower in substantially the form of Exhibit A (Form of WIFIA Bond). “WIFIA Bond Account” means a special account of the Borrower designated as the “WIFIA Bond Account,” established by the WIFIA Ordinance for the purpose of paying the principal of and interest on the WIFIA Bond, including the WIFIA Interest Subaccount and the WIFIA Principal Subaccount. “WIFIA Debt Service” means with respect to any Payment Date occurring on or after the Debt Service Payment Commencement Date, the principal portion of the WIFIA Loan Balance and any interest payable thereon (including interest accruing after the date of any filing by the Borrower of any petition in bankruptcy or the commencement of any bankruptcy, insolvency or similar proceeding with respect to the Borrower), in each case, (a) as set forth on Exhibit F (WIFIA Debt Service) and (b) due and payable on such Payment Date in accordance with the provisions of Section 8(a) (Payment of Principal and Interest – Payment of WIFIA Debt Service). “WIFIA Interest Rate” has the meaning provided in Section 6 (Interest Rate). “WIFIA Interest Subaccount” means a subaccount of the WIFIA Bond Account established by the provisions of the WIFIA Ordinance for the purpose of paying the interest on the WIFIA Bond. “WIFIA Lender” has the meaning provided in the preamble hereto. “WIFIA Lender’s Authorized Representative” means the Administrator and any other Person who shall be designated as such pursuant to Section 22 (WIFIA Lender’s Authorized Representative). “WIFIA Loan” means the secured loan made by the WIFIA Lender to the Borrower on the terms and conditions set forth herein, pursuant to the Act, in a principal amount not to exceed Page 488 of 4167 17 $38,416,490 (excluding capitalized interest), to be used in respect of Eligible Project Costs paid or incurred by the Borrower. “WIFIA Loan Balance” means (a) the aggregate principal amount of the WIFIA Loan drawn by the Borrower plus (b) capitalized interest added to the principal balance of the WIFIA Loan minus (c) the aggregate principal amount of the WIFIA Loan repaid by the Borrower, as determined in accordance with Section 8(e) (Payment of Principal and Interest – Adjustments to Loan Amortization Schedule). “WIFIA Loan Documents” means this Agreement, the WIFIA Bond and the WIFIA Ordinance. “WIFIA Ordinance” means the ordinance, adopted by the City Council on March 21, 2022, as amended May 23, 2022, with an effective date of May 23, 2022, authorizing the execution and delivery of this Agreement and the issuance of the WIFIA Bond, along with certain related actions by the Borrower in connection with the WIFIA Loan, and pledging the Pledged Property for the benefit of the WIFIA Loan and all other Parity Lien Obligations. “WIFIA Principal Subaccount” means a subaccount of the WIFIA Bond Account established by the provisions of the WIFIA Ordinance for the purpose of paying the principal of the WIFIA Bond. Section 2. Interpretation. (a) Unless the context shall otherwise require, the words “hereto,” “herein,” “hereof” and other words of similar import refer to this Agreement as a whole. (b) Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders and vice versa. (c) Words importing the singular number shall include the plural number and vice versa unless the context shall otherwise require. (d) The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” (e) Whenever the Borrower’s knowledge is implicated in this Agreement or the phrase “to the Borrower’s knowledge” or a similar phrase is used in this Agreement, the Borrower’s knowledge or such phrase(s) shall be interpreted to mean to the best of the Borrower’s knowledge after reasonable and diligent inquiry. (f) Unless the context shall otherwise require, references to any Person shall be deemed to include such Person’s successors and permitted assigns. (g) Unless the context shall otherwise require, references to preambles, recitals, sections, subsections, clauses, schedules, exhibits, appendices and provisions are to the applicable preambles, recitals, sections, subsections, clauses, schedules, exhibits, appendices and provisions of this Agreement. Page 489 of 4167 18 (h) The schedules and exhibits to this Agreement, and the appendices and schedules to such exhibits, are hereby incorporated by reference and made an integral part of this Agreement. (i) The headings or titles of this Agreement and its sections, schedules or exhibits, as well as any table of contents, are for convenience of reference only and shall not define or limit its provisions. (j) Unless the context shall otherwise require, all references to any resolution, contract, agreement, lease or other document shall be deemed to include any amendments or supplements to, or modifications or restatements or replacements of, such documents that are approved from time to time in accordance with the terms thereof and hereof. (k) Every request, order, demand, application, appointment, notice, statement, certificate, consent or similar communication or action hereunder by any party shall, unless otherwise specifically provided, be delivered in writing in accordance with Section 31 (Notices) and signed by a duly authorized representative of such party. (l) References to “disbursements of WIFIA Loan Proceeds” or similar phrasing shall be construed as meaning the same thing as “paying the purchase price of the WIFIA Bond”. (m) Whenever this Agreement requires a change in principal amount, interest rate or amortization schedule of the WIFIA Loan, it is intended that such change be reflected in the WIFIA Bond. Whenever there is a mandatory or optional prepayment of the WIFIA Loan, it is intended that such prepayment be implemented through a prepayment of the WIFIA Bond. ARTICLE II THE WIFIA LOAN Section 3. WIFIA Loan Amount. The principal amount of the WIFIA Loan shall not exceed $38,416,490 (excluding any interest that is capitalized in accordance with the terms hereof). WIFIA Loan proceeds available to be drawn shall be disbursed from time to time in accordance with Section 4 (Disbursement Conditions) and Section 11(b) (Conditions Precedent – Conditions Precedent to Disbursements). Section 4. Disbursement Conditions. (a) WIFIA Loan proceeds shall be disbursed solely in respect of Eligible Project Costs paid or incurred and approved for payment by or on behalf of the Borrower in connection with the Project. Each disbursement of the WIFIA Loan shall be made pursuant to a requisition and certification (a “Requisition”) in the form set forth in Appendix One (Form of Requisition) to Exhibit D-1 (Requisition Procedures), along with all documentation and other information required thereby, and otherwise in accordance with the procedures of Exhibit D-1 (Requisition Procedures) and subject to the requirements of this Section 4 and the conditions set Page 490 of 4167 19 forth in Section 11(b) (Conditions Precedent – Conditions Precedent to Disbursements); provided, that no disbursements of WIFIA Loan proceeds shall be made after the Final Disbursement Date. (b) At the time of any disbursement, the sum of all prior disbursements of WIFIA Loan proceeds and the disbursement then to be made shall not exceed the cumulative disbursements through the end of the then-current Federal Fiscal Year set forth in the Anticipated WIFIA Loan Disbursement Schedule, as the same may be amended from time to time in accordance with the terms of this Agreement. Subject to this Section 4, any scheduled disbursement (as reflected in the Anticipated WIFIA Loan Disbursement Schedule) that remains undrawn at the end of any Federal Fiscal Year shall automatically roll forward to be available in the succeeding Federal Fiscal Year up to the Final Disbursement Date, having the effect of automatically updating the Anticipated WIFIA Loan Disbursement Schedule without need for the WIFIA Lender’s approval. The Borrower may also amend the Anticipated WIFIA Loan Disbursement Schedule by submitting a revised version thereof to the WIFIA Lender no later than thirty (30) days prior to the proposed effective date of such amendment, together with a detailed explanation of the reasons for such revisions. Such revised Anticipated WIFIA Loan Disbursement Schedule shall become effective upon the WIFIA Lender’s approval thereof, which approval shall be deemed granted if the WIFIA Lender has not objected within thirty (30) days from receipt of the revised schedule, and which approval shall have the effect of updating the WIFIA Loan Amortization Schedule to reflect the updated disbursement schedule. Notwithstanding the foregoing, the date of the first disbursement of the WIFIA Loan shall not be earlier than the initial date of disbursement set out in the WIFIA Loan Amortization Schedule as of the Effective Date. Section 5. Term. The term of the WIFIA Loan shall extend from the Effective Date to the Final Maturity Date or to such earlier date as all amounts due or to become due to the WIFIA Lender hereunder have been irrevocably paid in full in immediately available funds. Section 6. Interest Rate. The interest rate with respect to the WIFIA Loan Balance (the “WIFIA Interest Rate”) shall be two and ninety eight hundredths percent (2.98%) per annum. Interest will accrue and be computed on the WIFIA Loan Balance (as well as on any past due interest) from time to time on the basis of a three hundred sixty (360) day year of twelve (12) thirty (30) day months; provided, that, upon the occurrence of an Event of Default, the Borrower shall pay interest on the WIFIA Loan Balance at the Default Rate, (a) in the case of any Payment Default, from (and including) its due date to (but excluding) the date of actual payment and (b) in the case of any other Event of Default, from (and including) the date of such occurrence to (but excluding) the earlier of the date on which (i) such Event of Default has been cured (if applicable) in accordance with the terms of this Agreement and (ii) the WIFIA Loan Balance has been irrevocably paid in full in immediately available funds. For the avoidance of doubt, interest on the WIFIA Loan (and the corresponding WIFIA Bond) shall accrue and be payable only on those amounts for which a Requisition has been submitted and funds (or such portion of funds as have been approved by the WIFIA Lender) have been made available to the Borrower for use on the Project in accordance with Section 4 (Disbursement Conditions). Page 491 of 4167 20 Section 7. Security and Priority; Flow of Funds. (a) As security for the WIFIA Loan, the Borrower has pledged, assigned and granted to the WIFIA Lender for its benefit, Liens on the Pledged Property pursuant to the WIFIA Ordinance. The WIFIA Loan (and corresponding WIFIA Bond) shall be secured by the Liens on the Pledged Property on a parity with the Parity Lien Obligations and senior to all other Obligations. (b) Except (i) for Permitted Liens, or (ii) to the extent otherwise provided in Section 7(a), the Pledged Property will be free and clear of any pledge, Lien, charge or encumbrance thereon or with respect thereto, of equal rank with or senior to the pledge of the Borrower created under the WIFIA Ordinance, and all organizational, regulatory or other necessary action on the part of the Borrower with respect to the foregoing has been duly and validly taken. (c) The Borrower shall not use Gross Revenues to make any payments or satisfy any obligations other than in accordance with the provisions of this Section 7 and the WIFIA Ordinance and shall not apply any portion of the Gross Revenues in contravention of this Agreement or the WIFIA Ordinance. Without limiting the foregoing, no payments shall be made from Debt Service Accounts established for the payment of principal of and interest on any Subordinate Lien Obligations, if any, unless and until the amounts due in connection with all Parity Lien Obligations are made on any Payment Date. (d) The Borrower shall deposit to the Water Fund all Gross Revenues immediately upon receipt. The Borrower shall pay from the Water Fund all Operation and Maintenance Expenses as they become due and payable. After such payments and on or before the last Business Day of each month, as provided in the WIFIA Ordinance, the Borrower shall apply the Net Revenues in the following order and with the following priority: (i) FIRST, in respect of all Parity Lien Obligations, to the credit of or deposit in the applicable Debt Service Accounts, including the WIFIA Interest Subaccount, an amount equal to the sum of 1/6th of the interest payments due on the next succeeding Interest Payment Date, provided that, if the period prior to the initial Interest Payment Date for any Additional Parity Lien Obligations is less than six months, the amount credited or deposited in respect of such Additional Parity Lien Obligations during such period shall be an amount equal to the Pro Rata Portion of the interest payment due in connection with such initial Interest Payment Date; (ii) SECOND, in respect of all Parity Lien Obligations, to the credit of or deposit in the applicable Debt Service Accounts, including the WIFIA Principal Subaccount, an amount equal to the sum of 1/12th of the principal payments due on the next succeeding Principal Payment Date, provided that, if the period prior to the initial Principal Payment Date for any Additional Parity Lien Obligations is less than twelve months, the amount credited or deposited in respect of such Additional Parity Lien Obligations during such period shall be an amount equal to the Pro Rata Portion of the principal payment due in connection with such initial Principal Payment Date; Page 492 of 4167 21 (iii) THIRD, in respect of all Subordinate Lien Obligations, to the credit of or deposit in the applicable Debt Service Accounts, an amount equal to the sum of the Pro Rata Portion of the principal and interest due on the next succeeding Interest Payment Date and Principal Payment Date for the Subordinate Lien Obligations in the same manner specified in clauses FIRST and SECOND above for the Parity Lien Obligations; (iv) FOURTH, to the credit of or deposit in any reserve accounts established for the payment of the WIFIA Bond and any Parity Lien Obligations, the amounts required in the ordinances or related documents authorizing and controlling the establishment of such reserve accounts; and (v) FIFTH, subject to Section 15(d) (Negative Covenants – Restricted Payments and Transfers), to the credit of any other fund or account as may be designated by the Borrower, to be used for any lawful purpose, any moneys remaining in the Water Fund after the payments and accumulations set forth in clauses FIRST through FOURTH above. (e) The WIFIA Ordinance establishes the WIFIA Bond Account within the Water Fund for the payment of WIFIA Debt Service. Transfers pursuant to clauses FIRST and SECOND above in respect of the WIFIA Bond shall be made to the WIFIA Bond Account and shall commence (i) with respect to the interest component of WIFIA Debt Service, no later than in the sixth (6th) month prior to the month in which the Debt Service Payment Commencement Date occurs and (ii) with respect to the principal component of WIFIA Debt Service, no later than in the twelfth (12th) month prior to the month in which the first Principal Payment Date occurs; in each case, to ensure that the full amount of interest and principal due is on deposit in the WIFIA Bond Account on the applicable Payment Date. Section 8. Payment of Principal and Interest. (a) Payment of WIFIA Debt Service. (i) No WIFIA Debt Service shall be due or payable prior to the Debt Service Payment Commencement Date. The Borrower shall pay (A) WIFIA Debt Service in the amounts and manner and on the Payment Dates as set forth in the WIFIA Loan Amortization Schedule, as the same may be revised pursuant to Section 8(c) (Adjustments to WIFIA Loan Amortization Schedule) and (B) payments of any other amounts on each other date on which payment thereof is required to be made hereunder; provided, that, in either case if any such date is not a Business Day, payment shall be made on the next Business Day following such date. WIFIA Loan proceeds borrowed and repaid may not be reborrowed. (ii) Notwithstanding anything herein to the contrary, the WIFIA Loan Balance and any accrued interest thereon shall be due and payable in full on the Final Maturity Date (or on any earlier date on which the WIFIA Loan and corresponding WIFIA Page 493 of 4167 22 Bond are subject to mandatory redemption or prepayment prior to maturity thereof or accelerated pursuant to Section 17 (Events of Default and Remedies)). (b) Capitalized Interest Period. No payment of the principal of or interest on the WIFIA Loan is required to be made during the Capitalized Interest Period. Interest on amounts capitalized pursuant to this Section 8(b) shall commence on the date such interest is added to the principal balance of the WIFIA Loan (and corresponding WIFIA Bond) during the Capitalized Interest Period. On each February 1 and August 1 occurring during the Capitalized Interest Period and on the day immediately following the end of the Capitalized Interest Period, interest accrued on the WIFIA Loan in the six (6) month period ending immediately prior to such date shall be capitalized and added to the WIFIA Loan Balance. Within thirty (30) days after the end of the Capitalized Interest Period, the WIFIA Lender shall give written notice to the Borrower stating the WIFIA Loan Balance as of the close of business on the last day of the Capitalized Interest Period, which statement thereof shall be deemed conclusive absent manifest error; provided, however, that no failure to give or delay in giving such notice shall affect any of the obligations of the Borrower hereunder or under any of the other WIFIA Loan Documents. Notwithstanding the foregoing, the Capitalized Interest Period shall end immediately upon written notification to the Borrower by the WIFIA Lender that an Event of Default has occurred, in which case the provisions of this Section 8(b) shall no longer apply and payments of principal and interest shall be currently due and payable in accordance with the terms hereof and interest shall no longer be capitalized. For purposes of this subsection, an Event of Default under Section 17(a)(v) (Events of Default and Remedies – Cross Default with Other Financing Documents) shall be deemed to have occurred upon the occurrence of any nonpayment of principal of, interest on or redemption price of Parity Lien Obligations when due, regardless of whether the holders of the applicable Obligations, or any legal order, has waived, permitted deferral of, or forgiven any such payment. The Borrower and the WIFIA Lender acknowledge and agree that, pursuant to the WIFIA Ordinance, the maximum approved amount of capitalized interest for the WIFIA Bond is $11,583,510 and that no amendment to the Anticipated WIFIA Loan Disbursement Schedule or disbursement of WIFIA Loan proceeds may be made that would cause the total amount of interest that is capitalized and added to the Outstanding WIFIA Loan Balance pursuant to this Section 8(b) (Payment of Principal and Interest – Capitalized Interest Period) to exceed such maximum approved amount. (c) WIFIA Bond. As evidence of the Borrower’s obligation to repay the WIFIA Loan, the Borrower shall issue and deliver to the WIFIA Lender, on or prior to the Effective Date, the WIFIA Bond substantially in the form of Exhibit A (Form of WIFIA Bond), having a maximum principal amount (excluding capitalized interest) of $38,416,490, bearing interest at the WIFIA Interest Rate and having principal and interest payable on the same dates set forth herein. Any payment in respect of the WIFIA Bond shall be treated as a payment in respect of the WIFIA Loan and any prepayment of principal in respect of the WIFIA Loan shall be treated as a redemption in respect of the WIFIA Bond. (d) Manner of Payment. Payments of WIFIA Debt Service under this Agreement (and the WIFIA Bond, which payments shall not be duplicative) shall be made on or before each Payment Date in Dollars and in immediately available funds (without counterclaim, offset or deduction) in accordance with the payment instructions provided by the WIFIA Lender prior to the relevant payment, as may be modified in writing from time to time by the WIFIA Page 494 of 4167 23 Lender; provided, that the failure to provide updated payment instructions shall not affect in any manner the Borrower’s obligations hereunder or under any other WIFIA Loan Document. The Borrower may make any such payment or portion thereof with funds then on deposit in the WIFIA Bond Account. (e) Adjustments to Loan Amortization Schedule. (i) The WIFIA Loan Balance will be (A) increased on each occasion on which the WIFIA Lender disburses loan proceeds hereunder, by the amount of such disbursement of loan proceeds; (B) increased on each occasion on which interest on the WIFIA Loan is capitalized pursuant to the provisions of Section 8(b) (Payment of Principal and Interest – Capitalized Interest Period), by the amount of interest so capitalized; and (C) decreased upon each payment or prepayment of the WIFIA Loan Balance, by the amount of principal so paid. The WIFIA Lender may in its discretion at any time and from time to time, or when so requested by the Borrower, advise the Borrower by written notice of the amount of the WIFIA Loan Balance as of the date of such notice, and its determination of such amount in any such notice shall be deemed conclusive absent manifest error. (ii) The WIFIA Lender is hereby authorized to modify the Loan Amortization Schedule included in Exhibit F (WIFIA Debt Service) from time to time, in accordance with the principles set forth below in this Section 8(e), to reflect (A) any change to the WIFIA Loan Balance, (B) any change to the date and amount of any principal or interest due and payable or to become due and payable by the Borrower under this Agreement, and (C) such other information as the WIFIA Lender may determine is necessary for administering the WIFIA Loan and this Agreement. Any calculations described above shall be rounded up to the nearest whole cent. Any adjustments or revisions to the Loan Amortization Schedule as a result of changes in the WIFIA Loan Balance shall be applied to reduce future payments due on the WIFIA Bond in inverse order of maturity. Absent manifest error, the WIFIA Lender’s determination of such matters as set forth on Exhibit F (WIFIA Debt Service) shall be conclusive evidence thereof; provided, however, that neither the failure to make any such recordation nor any error in such recordation shall affect in any manner the Borrower’s obligations hereunder or under any other WIFIA Loan Document. The WIFIA Lender shall provide the Borrower with a copy of Exhibit F (WIFIA Debt Service) as revised, but no failure to provide or delay in providing the Borrower with such copy shall affect any of the obligations of the Borrower under this Agreement or the other WIFIA Loan Documents. Section 9. Prepayment. (a) Optional Prepayments. The Borrower may prepay the WIFIA Loan, without penalty or premium, (i) in full on any date on or after the Final Disbursement Date or (ii) in part on any Payment Date on or after the Final Disbursement Date (and, if in part, the amounts thereof to be prepaid shall be determined by the Borrower; provided, that such prepayment shall be in principal amounts of $1,000,000 or any integral multiple of $1.00 in excess thereof), in each case from time to time but not more than once annually in accordance with 33 U.S.C. § 3908(c)(4)(A). The Borrower may make such prepayment, without penalty or premium, by paying to the WIFIA Page 495 of 4167 24 Lender such principal amount of the WIFIA Loan to be prepaid, together with the unpaid interest accrued on the amount of principal so prepaid to the date of such prepayment and all fees and expenses then due and payable to the WIFIA Lender. Each prepayment of the WIFIA Loan pursuant to this Section 9(a) shall be made on such date (subject to this Section 9(a)) and in such principal amount as shall be specified by the Borrower in a written notice delivered to the WIFIA Lender not less than ten (10) days or more than thirty (30) days prior to the date set for prepayment, unless otherwise agreed by the WIFIA Lender. At any time between delivery of such written notice and the applicable optional prepayment, the Borrower may, without penalty or premium, rescind its announced optional prepayment by further written notice to the WIFIA Lender. Anything in this Section 9(a) to the contrary notwithstanding, the failure by the Borrower to make any optional prepayment shall not constitute a breach or default under this Agreement. (b) Borrower’s Certificate. Each prepayment pursuant to this Section 9 shall be accompanied by a certificate signed by the Borrower’s Authorized Representative identifying the provision of this Agreement pursuant to which such prepayment is being made and containing a calculation in reasonable detail of the amount of such prepayment. (c) General Prepayment Instructions. Upon the WIFIA Lender’s receipt of confirmation that payment in full of the entire WIFIA Loan Balance and any unpaid interest, fees and expenses with respect thereto has occurred as a result of a mandatory or optional prepayment, the WIFIA Lender shall surrender the WIFIA Bond to the Borrower or its representative at the principal office of the WIFIA Lender. If the Borrower prepays only part of the unpaid balance of principal of the WIFIA Loan, the WIFIA Lender may make a notation on Exhibit F (WIFIA Debt Service) indicating the amount of principal of and interest on the WIFIA Loan then being prepaid. Absent manifest error, the WIFIA Lender’s determination of such matters as set forth on Exhibit F (WIFIA Debt Service) shall be conclusive evidence thereof; provided, however, that neither the failure to make any such recordation nor any error in such recordation shall affect in any manner the Borrower’s obligations hereunder or under any other WIFIA Loan Document. All such partial prepayments of principal shall be applied to reduce future payments due on the WIFIA Loan in inverse order of maturity. If such funds have not been so paid on the prepayment date, such principal amount of the WIFIA Loan shall continue to bear interest until payment thereof at the rate provided for in Section 6 (Interest Rate). Section 10. Fees and Expenses. (a) Fees. The Borrower shall pay to the WIFIA Lender: (i) a servicing set-up fee equal to $10,790.00 (the “Servicing Set-Up Fee”), which shall be due and payable within thirty (30) days after receipt of an invoice from the WIFIA Lender with respect thereto (or, if earlier, the first disbursement date of the WIFIA Loan); (ii) an annual construction period servicing fee equal to $10,790.00 (the “Construction Period Servicing Fee”), which shall accrue on the first Business Day of the then-current Federal Fiscal Year and shall be due and payable on or prior to each November 15 during the Construction Period (including the Federal Fiscal Year during which the Substantial Completion Date occurs); provided, that the initial Construction Page 496 of 4167 25 Period Servicing Fee shall be due and payable within thirty (30) days after receipt of an invoice from the WIFIA Lender with respect thereto (or, if earlier, the first disbursement date of the WIFIA Loan), in a pro-rated amount equal to $3,590; and (iii) an annual operating period servicing fee equal to $8,100.00 (the “Operating Period Servicing Fee”), which shall accrue on the first Business Day of the then-current Federal Fiscal Year and shall be due and payable on or prior to each November 15, beginning with the first November 15 following the end of the Federal Fiscal Year during which the Substantial Completion Date occurs, until (and including) the Final Maturity Date; provided, that the Operating Period Servicing Fee due and payable with respect to the Federal Fiscal Year during which the Final Maturity Date occurs shall be equal to the pro-rata monthly portion of the then applicable Operating Period Servicing Fee multiplied by the number of partial or whole months remaining between October 1 and the Final Maturity Date. (b) The amount of each Construction Period Servicing Fee (other than the initial Construction Period Servicing Fee) and each Operating Period Servicing Fee shall be adjusted in proportion to the percentage change in CPI for the calendar year immediately preceding the calendar year during which such fee is due. The WIFIA Lender shall notify the Borrower of the amount of each such fee at least thirty (30) days before payment is due, which determination shall be conclusive absent manifest error. (c) Expenses. The Borrower agrees, whether or not the transactions hereby contemplated shall be consummated, to reimburse the WIFIA Lender on demand from time to time, within thirty (30) days after receipt of any invoice from the WIFIA Lender, for any and all fees, costs, charges, and expenses incurred by it (including the fees, costs, and expenses of its legal counsel, financial advisors, auditors and other consultants and advisors) in connection with the negotiation, preparation, execution, delivery, and performance of this Agreement and the other WIFIA Loan Documents and the transactions hereby and thereby contemplated, including attorneys’, and engineers’ fees and professional costs, including all such fees, costs, and expenses incurred as a result of or in connection with (i) the enforcement of or attempt to enforce, or the protection or preservation of any right or claim under, the Pledged Property or any provision of this Agreement or any of the other WIFIA Loan Documents or the rights of the WIFIA Lender thereunder; (ii) any amendment, modification, waiver, or consent with respect to this Agreement or any other Related Document; and (iii) any work-out, restructuring, or similar arrangement of the obligations of the Borrower under this Agreement or the other WIFIA Loan Documents, including during the pendency of any Event of Default. (d) All payments required under this Section 10 (Fees and Expenses) shall be made on or before the applicable due date in Dollars and in immediately available funds (without counterclaim, offset or deduction) in accordance with the payment instructions provided by the WIFIA Lender prior to the relevant payment, as may be modified in writing from time to time by the WIFIA Lender. (e) The obligations of the Borrower under this Section 10 shall survive the payment or prepayment in full or transfer of the WIFIA Bond, the enforcement of any provision Page 497 of 4167 26 of this Agreement or the other WIFIA Loan Documents, any such amendments, waivers or consents, any Event of Default, and any such workout, restructuring, or similar arrangement. ARTICLE III CONDITIONS PRECEDENT Section 11. Conditions Precedent. (a) Conditions Precedent to Effectiveness. Notwithstanding anything in this Agreement to the contrary, this Agreement shall not become effective until each of the following conditions precedent has been satisfied or waived in writing by the WIFIA Lender in its sole discretion: (i) The Borrower shall have duly executed and delivered to the WIFIA Lender this Agreement, the WIFIA Bond, and the WIFIA Ordinance, each in form and substance satisfactory to the WIFIA Lender. (ii) [Reserved]. (iii) The Borrower shall have delivered to the WIFIA Lender complete and fully executed copies of each Existing Construction Contract, together with any amendments, waivers or modifications thereto, along with a certification in the Closing Certificate that each such document is complete, fully executed and in full force and effect. (iv) The Borrower shall have delivered to the WIFIA Lender (A) a copy of its Organizational Documents, as in effect on the Effective Date (and certified by the Secretary of State of the State, to the extent applicable), along with a certification in the Closing Certificate that such Organizational Documents are in full force and effect, and (B) other than the WIFIA Ordinance, all further instruments and documents (including any resolutions, ordinances, and supplements) as are necessary for the Borrower to execute and deliver, and to perform its obligations under, the WIFIA Loan Documents to which it is a party and to consummate and implement the transactions contemplated by the WIFIA Loan Documents. (v) Counsel to the Borrower shall have rendered to the WIFIA Lender legal opinions satisfactory to the WIFIA Lender in its sole discretion (including those opinions set forth on Exhibit G-1 (Opinions Required from Counsel to Borrower) and bond counsel to the Borrower shall have rendered to the WIFIA Lender legal opinions satisfactory to the WIFIA Lender in its sole discretion (including those opinions set forth on Exhibit G-2 (Opinions Required from Bond Counsel)). (vi) The Borrower shall have delivered to the WIFIA Lender the Non- Debarment Certificate. (vii) The Borrower shall have delivered to the WIFIA Lender the Non- Lobbying Certificate. Page 498 of 4167 27 (viii) The Borrower shall have delivered to the WIFIA Lender a certificate, signed by the Borrower’s Authorized Representative, substantially in the form attached hereto as Exhibit H (Form of Closing Certificate) (the “Closing Certificate”) (A) designating the Borrower’s Authorized Representative, (B) confirming such person’s position and incumbency, and (C) certifying as to the satisfaction of the following conditions precedent: (1) the aggregate of all funds committed to the development and construction of the Project as set forth in the Base Case Financial Model and in the Project Budget are sufficient to carry out the Project, pay all Total Project Costs anticipated for the Project and achieve Substantial Completion by the Projected Substantial Completion Date; (2) the Borrower has obtained all Governmental Approvals necessary (x) as of the Effective Date in connection with the Project and (y) to execute and deliver, and perform its obligations under the WIFIA Loan Documents, and all such Governmental Approvals are final, non-appealable, and in full force and effect (and are not subject to any notice of violation, breach, or revocation); (3) as of the Effective Date, (x) the maximum principal amount of the WIFIA Loan (excluding any interest that is capitalized in accordance with the terms hereof), together with the amount of any other credit assistance provided under the Act to the Borrower, does not exceed forty- nine percent (49%) of reasonably anticipated Eligible Project Costs and (y) the total federal assistance provided to the Project, including the maximum principal amount of the WIFIA Loan (excluding any interest that is capitalized in accordance with the terms hereof), does not exceed eighty percent (80%) of Total Project Costs; (4) the Borrower is in compliance with NEPA and any applicable federal, state or local environmental review and approval requirements with respect to the Project, and, if requested by the WIFIA Lender, has provided evidence satisfactory to the WIFIA Lender of such compliance; (5) the Borrower has developed, and identified adequate revenues to implement, a plan for operating, maintaining and repairing the Project during its useful life; (6) the Borrower has (A) obtained a Federal Employer Identification Number (as evidenced by a signed W-9), (B) obtained a Data Universal Numbering System number, and (C) registered with, and obtained confirmation of active registration status from, the federal System for Award Management (www.SAM.gov); Page 499 of 4167 28 (7) the Borrower has obtained a CUSIP number for the WIFIA Loan for purposes of monitoring through EMMA; (8) the representations and warranties of the Borrower set forth in the WIFIA Loan Agreement and in each other Related Document to which the Borrower is a party are true and correct on and as of the date hereof, except to the extent that such representations and warranties expressly relate to an earlier date, in which case such representations and warranties were true and correct as of such earlier date; and (9) no Material Adverse Effect, or any event or condition that could reasonably be expected to have a Material Adverse Effect, has occurred or arisen since September 22, 2021. (ix) The Borrower shall have provided evidence to the WIFIA Lender’s satisfaction of the assignment by at least one (1) Nationally Recognized Rating Agency of a public Investment Grade Rating to the Parity Lien Obligations then Outstanding and any Parity Lien Obligations proposed to be issued for the Project (including the WIFIA Loan), along with a certification in the Closing Certificate that no such rating has been reduced, withdrawn or suspended as of the Effective Date. (x) The Borrower shall have delivered to the WIFIA Lender a Base Case Financial Model in form and substance acceptable to the WIFIA Lender, along with a certification in the Closing Certificate that such Base Case Financial Model (A) demonstrates that projected Gross Revenues are sufficient to meet the Loan Amortization Schedule, (B) demonstrates compliance with the Rate Covenant for each Borrower Fiscal Year through the Final Maturity Date; (C) reflects principal amortization and interest payment schedules acceptable to the WIFIA Lender and (D) demonstrates that the Borrower has developed, and identified adequate revenues to implement, a plan for operating, maintaining and repairing the Project over the useful life of the Project. (xi) Prior to the Effective Date, the Borrower shall have delivered to the WIFIA Lender the Public Benefits Report. (xii) The Borrower shall have provided the WIFIA Lender records of any Eligible Project Costs incurred prior to the Effective Date, in form and substance satisfactory to the WIFIA Lender. (xiii) The Borrower shall have paid in full all invoices delivered by the WIFIA Lender to the Borrower as of the Effective Date for the fees and expenses of the WIFIA Lender’s counsel and financial advisors and any auditors or other consultants retained by the WIFIA Lender for the purposes hereof. (xiv) The Borrower shall have delivered such other agreements, documents, instruments, opinions and other items required by the WIFIA Lender, all in form and substance satisfactory to the WIFIA Lender. Page 500 of 4167 29 (b) Conditions Precedent to Disbursements. Notwithstanding anything in this Agreement to the contrary, the WIFIA Lender shall have no obligation to make any disbursement of loan proceeds to the Borrower (including the initial disbursement hereunder) until each of the following conditions precedent has been satisfied or waived in writing by the WIFIA Lender in its sole discretion: (i) The Borrower shall have provided to the WIFIA Lender evidence satisfactory to the WIFIA Lender that (A) the aggregate amount of all disbursements of the WIFIA Loan (including the requested disbursement but excluding any interest that is capitalized in accordance with the terms hereof) shall not exceed (1) the amount of the WIFIA Loan, (2) the amount of Eligible Project Costs paid or incurred by the Borrower, and (3) the cumulative disbursements through the end of the current Federal Fiscal Year as set forth in the Anticipated WIFIA Loan Disbursement Schedule; (B) the Borrower has sufficient available funds committed to the Project, which together with funds that remain available and not yet drawn under the WIFIA Loan, will be sufficient to pay the reasonably anticipated remaining Total Project Costs; and (C) the total federal assistance provided to the Project, including the maximum principal amount of the WIFIA Loan (excluding any interest that is capitalized in accordance with the terms hereof), does not exceed eighty percent (80%) of Total Project Costs. (ii) To the extent required as of the date of the requested disbursement, the Borrower shall have provided an Updated Financial Model/Plan in compliance with the requirements of Section 16(a) (Reporting Requirements – Updated Financial Model/Plan). (iii) The Borrower shall have delivered to the WIFIA Lender a Requisition that complies with the provisions of Section 4 (Disbursement Conditions) (including satisfactory Eligible Project Costs Documentation relating to such Requisition), and the WIFIA Lender shall have approved (or be deemed to have approved in accordance with Section 4(b) (Disbursement Conditions)) such Requisition. The Borrower’s Authorized Representative shall also certify in such Requisition that: (A) all Governmental Approvals necessary as of the time of such disbursement for the development, construction, operation and maintenance of the Project have been issued and are in full force and effect (and are not subject to any notice of violation, breach or revocation); (B) each of the insurance policies obtained by the Borrower and by any applicable Construction Contractor in satisfaction of the conditions in Section 14(f) (Affirmative Covenants – Insurance) is in full force and effect, and no notice of termination thereof has been issued by the applicable insurance provider; (C) at the time of, and immediately after giving effect to, any disbursement of WIFIA Loan proceeds then currently requested, (1) no Default or Event of Default hereunder shall have occurred and be continuing, (2) no event of default or default that, with the giving of notice or the passage of time or both, would constitute an event of default, in each case, under any other Related Document, shall have occurred and be continuing and (3) no Material Adverse Effect, or any event or condition that could Page 501 of 4167 30 reasonably be expected to result in a Material Adverse Effect, shall have occurred since the Effective Date; (D) (1) the Borrower, and each of its contractors and subcontractors at all tiers with respect to the Project, has complied with all applicable laws, rules, regulations and requirements, including without limitation 40 U.S.C. §§ 3141–3144, 3146, and 3147 (relating to Davis-Bacon Act requirements) (and regulations relating thereto) and 33 U.S.C. § 3914 (relating to American iron and steel products), and (2) supporting documentation, such as certified payroll records and certifications for all iron and steel products used for the Project, are being maintained and are available for review upon request by the WIFIA Lender; and (E) the representations and warranties of the Borrower set forth in this Agreement (including Section 12 (Representations and Warranties of Borrower)) and in each other Related Document shall be true and correct as of each date on which any disbursement of the WIFIA Loan is made, except to the extent such representations and warranties expressly relate to an earlier date (in which case, such representations and warranties shall be true and correct as of such earlier date). (iv) To the extent necessary to make the corresponding representations and warranties true, correct and complete as of the date of the applicable disbursement, the Borrower shall have delivered an updated version, in form and substance satisfactory to the WIFIA Lender, of Schedule 12(p) (Environmental Matters). (v) To the extent not previously delivered to the WIFIA Lender, the Borrower shall have delivered to the WIFIA Lender copies of any Parity Issuance Documents (including any amendment, waiver, modification or supplement thereto) entered into after the Effective Date, along with a certification in the Requisition that each such document is complete, fully executed and in full force and effect. (vi) The Borrower shall have paid in full (A) any outstanding Servicing Fees due and payable under Section 10 (Fees and Expenses) and (B) all invoices received from the WIFIA Lender as of the date of disbursement of the WIFIA Loan and delivered by the WIFIA Lender to the Borrower, for the fees and expenses of the WIFIA Lender’s counsel and financial advisors and any auditors or other consultants retained by the WIFIA Lender for the purposes hereof. (vii) As a condition to the first disbursement of the WIFIA Loan and prior to the approval of the expenditure of the WIFIA Loan proceeds for the Project (including any destruction, excavation, or other ground-disturbing work), the Borrower shall have demonstrated to the WIFIA Lender’s satisfaction that the National Historic Preservation Act Section 106 consultation process relating to the Project has concluded. Page 502 of 4167 31 ARTICLE IV REPRESENTATIONS AND WARRANTIES Section 12. Representations and Warranties of Borrower. The Borrower hereby represents and warrants that, as of the Effective Date and, as to each of the representations and warranties below other than those contained in Section 12(b) (Representations and Warranties of Borrower – Officers’ Authorization), and Section 12(k) (Representations and Warranties of Borrower – Credit Ratings), as of each date on which any disbursement of the WIFIA Loan is requested or made: (a) Organization; Power and Authority. The Borrower is a municipal corporation duly organized and validly existing under its Organizational Documents and the laws of the State, has full legal right, power and authority to do business in the State and to enter into the Related Documents then in existence, to execute and deliver this Agreement and the WIFIA Bond, and to carry out and consummate all transactions contemplated hereby and thereby and has duly authorized the execution, delivery and performance of this Agreement, the WIFIA Bond, and the Related Documents. The Borrower maintains the Water Utility System as part of its “enterprise” within the meaning of Article X, Section 20 of the Colorado Constitution, and the meaning of Title 37, Article 45.1, C.R.S. (b) Officers’ Authorization. As of the Effective Date, the officers of the Borrower executing (or that previously executed) the Related Documents, and any certifications or instruments related thereto, to which the Borrower is a party are (or were at the time of such execution) duly and properly in office and fully authorized to execute the same. (c) Due Execution; Enforceability. Each of the Related Documents in effect as of any date on which this representation and warranty is made, and to which the Borrower is a party has been duly authorized, executed and delivered by the Borrower and constitutes the legal, valid and binding agreement of the Borrower enforceable against the Borrower in accordance with its terms, except as such enforceability (i) may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the rights of creditors generally and (ii) is subject to general principles of equity (regardless of whether enforceability is considered in equity or at law). (d) Non-Contravention. The execution and delivery of the Related Documents to which the Borrower is a party, the consummation of the transactions contemplated by the Related Documents, and the fulfillment of or compliance with the terms and conditions of all of the Related Documents, will not (i) conflict with the Borrower’s Organizational Documents, (ii) conflict in any material respect with, or constitute a violation, breach or default (whether immediately or after notice or the passage of time or both) by the Borrower of or under, any applicable law, administrative rule or regulation, any applicable court or administrative decree or order, or any indenture, mortgage, deed of trust, loan agreement, lease, contract or other agreement or instrument to which the Borrower is a party or by which it or its properties or assets are otherwise subject or bound, or (iii) result in the creation or imposition of any prohibited Lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of the Borrower. Page 503 of 4167 32 (e) Consents and Approvals. No consent or approval of any trustee, holder of any indebtedness of the Borrower or any other Person, and no consent, permission, authorization, order or license of, or filing or registration with, any Governmental Authority is necessary in connection with (i) the execution and delivery by the Borrower of the Related Documents, except as have been obtained or made and as are in full force and effect, or (ii) (A) the consummation of any transaction contemplated by any Related Documents or (B) the fulfillment of or compliance by the Borrower with the terms and conditions of any of the Related Documents, except as have been obtained or made and as are in full force and effect or as are ministerial in nature and can reasonably be expected to be obtained or made in the ordinary course on commercially reasonable terms and conditions when needed. (f) Litigation. There is no action suit, proceeding or, to the knowledge of the Borrower, any inquiry or investigation, in any case before or by any court or other Governmental Authority pending or, to the knowledge of the Borrower, threatened against or affecting, the Water Utility System, the Project, or the ability of the Borrower to execute, deliver and perform its obligations under the Related Documents or that in any case could reasonably be expected to result in a Material Adverse Effect. (g) Security Interests. (i) The WIFIA Ordinance and Title 31, Article 35, Part 4, C.R.S., Title 37, Article 45.1, C.R.S. and Title 11, Article 57, Part 2, C.R.S. establish, and (ii) the Borrower has taken all necessary action to pledge, assign, and grant, in each case in favor of the WIFIA Lender, legal, valid, binding and enforceable Liens on the Pledged Property purported to be created, pledged, assigned, and granted pursuant to and in accordance with the WIFIA Ordinance, irrespective of whether any Person has notice of the pledge and without the need for any physical delivery, recordation, filing, or further act, and the security interests created in the Pledged Property have been duly perfected under applicable State law. Such Liens are in full force and effect and are not subordinate or junior to any other Liens in respect of the Pledged Property except for the Permitted Liens, and not pari passu with any obligations other than the Parity Lien Obligations. The Borrower is not in breach of any covenants set forth in Section 14(b) (Affirmative Covenants – Securing Liens) or in the WIFIA Ordinance with respect to the matters described in Section 14(b) (Affirmative Covenants – Securing Liens). As of the Effective Date and as of each other date this representation and warranty is made, (i) all documents and instruments have been recorded or filed for record in such manner and in such places as are required and all other action as is necessary or desirable has been taken to establish a legal, valid, binding, and enforceable and perfected Lien on the Pledged Property in favor of the Secured Parties to the extent contemplated by the WIFIA Ordinance, and (ii) all taxes and filing fees that are due and payable in connection with the execution, delivery or recordation of the WIFIA Ordinance or any instruments, certificates or financing statements in connection with the foregoing, have been paid. Neither the attachment, perfection, validity, enforceability nor priority of the security interest in the Pledged Property granted pursuant to the WIFIA Ordinance is governed by Article 9 of the UCC. (h) No Debarment. The Borrower has fully complied with its verification obligations under 2 C.F.R. § 180.320 and confirms, based on such verification, that, to its knowledge, neither the Borrower nor any of its principals (as defined in 2 C.F.R. § 180.995 and supplemented by 2 C.F.R 1532.995) is debarred, suspended or voluntarily excluded from participation in Government contracts, procurement or non-procurement matters or delinquent on Page 504 of 4167 33 a Government debt as more fully set forth in the certificate delivered pursuant to Section 11(a)(vi) (Conditions Precedent – Conditions Precedent to Effectiveness). (i) Accuracy of Representations and Warranties. The representations, warranties and certifications of the Borrower set forth in this Agreement and the other Related Documents are true, correct, and complete, except to the extent such representations and warranties expressly relate to an earlier date (in which case, such representations and warranties shall be true, correct, and complete as of such earlier date). (j) Compliance with Laws. (i) The Borrower, and each of its contractors and subcontractors at all tiers with respect to the Project, has complied with all applicable laws, rules, regulations and requirements, including without limitation 40 U.S.C. §§3141–3144, 3146, and 3147 (relating to Davis-Bacon Act requirements) (and regulations relating thereto) and 33 U.S.C. § 3914 (relating to American iron and steel products). (ii) To ensure such compliance, the Borrower has included in all contracts with respect to the Project (A) the contract clauses relating to the Davis-Bacon Act requirements that are set forth in the Code of Federal Regulations, Title 29 Part 5.5 and (B) requirements that its contractor(s) (1) shall comply with all applicable laws, rules, regulations, and requirements set forth in this Section 12(j) and follow applicable federal guidance and (2) incorporate in all subcontracts (and cause all subcontractors to include in lower tier subcontracts) such terms and conditions as are required to be incorporated therein by any applicable laws, rules, regulations and requirements set forth in this Section 12(j) (including without limitation with respect to the Davis-Bacon Act requirements). (iii) None of the Borrower nor, to the knowledge of the Borrower, any Construction Contractor, is (A) a Sanctioned Person or (B) in violation of or, since the date that is five (5) years prior to the Effective Date, has violated: (1) any applicable Anti- Money Laundering Laws; (2) any applicable Sanctions; (3) any applicable Anti-Corruption Laws; or (4) any applicable anti-drug trafficking, anti-terrorism, or anti-corruption laws, civil or criminal. There are no pending or, to the knowledge of the Borrower, threatened claims or investigations by any Governmental Authority against, or any internal investigations conducted by, the Borrower or any Construction Contractor, with respect to any possible or alleged violations of any Sanctions, Anti-Money Laundering Laws, Anti- Corruption Laws, or any anti-drug trafficking or anti-terrorism laws. No use of proceeds of the WIFIA Loan or any other transaction contemplated by this Agreement or any other Related Document will violate any applicable Sanctions, Anti-Money Laundering Laws, or Anti-Corruption Laws, or any applicable anti-drug trafficking or anti-terrorism laws. (k) Credit Ratings. The WIFIA Loan and the Parity Lien Obligations then Outstanding have received a public Investment Grade Rating from at least one (1) Nationally Recognized Rating Agency, written evidence of such rating has been provided to the WIFIA Lender prior to the Effective Date, and such rating has not been reduced, withdrawn or suspended as of the Effective Date. Page 505 of 4167 34 (l) No Defaults. No Default or Event of Default, and no default or event of default by the Borrower under any Related Document, has occurred and is continuing. (m) Governmental Approvals. All Governmental Approvals required as of the Effective Date and any subsequent date on which this representation is made (or deemed made) for the undertaking and completion by the Borrower of the Project and the operation and management of the Water Utility System, have been obtained or effected and are in full force and effect and there is no basis for, nor proceeding that is pending or threatened that could reasonably be expected to result in, the revocation of any such Governmental Approval. (n) Construction Contracts. Schedule 12(n) (Existing Construction Contracts) sets forth a list of the Existing Construction Contracts as of the Effective Date. With respect to each Construction Contract executed as of any date on which this representation and warranty is made, such Construction Contract is in full force and effect. (o) Information. The information furnished by, or on behalf of, the Borrower to the WIFIA Lender, when taken as a whole, is true and correct in all material respects (other than for projections and other forward-looking statements contained in the Base Case Financial Model and any Updated Financial Model/Plan which have been made in good faith and based on reasonable assumptions) and does not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements contained therein not misleading as of the date made or furnished. (p) Environmental Matters. Each of the Borrower and, to the Borrower’s knowledge, each Construction Contractor, is in compliance with all laws applicable to the Water Utility System (including the Project) relating to (i) air emissions, (ii) discharges to surface water or ground water, (iii) noise emissions, (iv) solid or liquid waste disposal, (v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes, (vi) biological resources (such as threatened and endangered species), and (vii) other environmental, health or safety matters, including all laws applicable to the Water Utility System (including the Project) (collectively, the “Environmental Laws”). All Governmental Approvals for the Project relating to Environmental Laws have been, or, when required, will be, obtained and are (or, as applicable, will be) in full force and effect. The Borrower has not received any written communication or notice, whether from a Governmental Authority, employee, citizens group, or any other Person, that alleges that the Borrower is not in full compliance with all Environmental Laws and Governmental Approvals relating thereto in connection with the Project and, to the Borrower’s knowledge, there are no circumstances that may prevent or interfere with full compliance in the future by the Borrower with any such Environmental Law or Governmental Approval. The Borrower has provided to the WIFIA Lender all material assessments, reports, results of investigations or audits, and other material information in the possession of or reasonably available to the Borrower regarding the Borrower’s or the Project’s compliance with (A) Environmental Laws and (B) Governmental Approvals that are required for the Project and relate to Environmental Laws. (q) Sufficient Rights. The Borrower possesses either valid legal and beneficial title to, leasehold title in, or other valid legal rights with respect to the real property relating to the Water Utility System (including the Project), in each case as is necessary and sufficient as of the Page 506 of 4167 35 date this representation is made for the construction, operation, maintenance and repair of the Water Utility System (including the Project). As of any date on which this representation and warranty is made, the Construction Contracts then in effect and the Governmental Approvals that have been obtained and are then in full force and effect create rights in the Borrower sufficient to enable the Borrower to own, construct, operate, maintain and repair the Project, and to perform its obligations under the Construction Contracts to which it is a party. (r) Insurance. The Borrower is in compliance with all insurance obligations required under each Construction Contract and the other Related Documents as of the date on which this representation and warranty is made. To the extent the Borrower self-insures, the Borrower’s self-insurance program is actuarially sound. (s) No Liens. Except for Permitted Liens, the Borrower has not created, and is not under any obligation to create, and has not entered into any transaction or agreement that would result in the imposition of, any Lien on the Pledged Property, the Water Utility System, the Project, the Gross Revenues, or the properties or assets in relation to the Project. (t) Financial Statements. Each income statement, balance sheet and statement of operations and cash flows (collectively, “Financial Statements”) delivered to the WIFIA Lender pursuant to Section 16(b) (Reporting Requirements – Annual Financial Statements) has been prepared in accordance with GAAP and presents fairly, in all material respects, the financial condition of the Borrower as of the respective dates of the balance sheets included therein and the results of operations of the Borrower for the respective periods covered by the statements of income included therein. Except as reflected in such Financial Statements, there are no liabilities or obligations of the Borrower of any nature whatsoever for the period to which such Financial Statements relate that are required to be disclosed in accordance with GAAP. (u) Securities Laws. Under existing law, the WIFIA Bond may be issued and sold without registration under the Securities Act of 1933, as amended, and any state blue sky laws. (v) Taxes. The Borrower is not required to file tax returns with any Governmental Authority. (w) Sufficient Funds. The amount of the WIFIA Loan, when combined with all other funds committed for the development and construction of the Project as set forth under the various sources of funds in the Base Case Financial Model and the Project Budget will be sufficient to carry out the Project, pay all Total Project Costs anticipated for the development and construction of the Project and achieve Substantial Completion by the Projected Substantial Completion Date. (x) Sovereign Immunity. The Borrower either has no immunity from the jurisdiction of any court of competent jurisdiction or from any legal process therein which could be asserted in any action to enforce the obligations of the Borrower under any of the WIFIA Loan Documents to which it is a party or the transactions contemplated hereby or thereby, including the obligations of the Borrower hereunder and thereunder, or, to the extent that the Borrower has such immunity, the Borrower has waived such immunity pursuant to Section 14(n) (Affirmative Covenants – Immunity). Page 507 of 4167 36 (y) Patriot Act. The Borrower is not required to establish an anti-money laundering compliance program pursuant to the Patriot Act. (z) No Federal Debt. The Borrower has no delinquent federal debt (including tax liabilities but excluding any delinquencies that have been resolved with the appropriate federal agency in accordance with the standards of the Debt Collection Improvement Act of 1996). Section 13. Representations and Warranties of WIFIA Lender. The WIFIA Lender represents and warrants that: (a) Power and Authority. The WIFIA Lender has all requisite power and authority to make the WIFIA Loan and to perform all transactions contemplated by the Related Documents to which it is a party. (b) Due Execution; Enforceability. The Related Documents to which it is a party have been duly authorized, executed and delivered by the WIFIA Lender, and are legally valid and binding agreements of the WIFIA Lender, enforceable in accordance with their terms. (c) Officers’ Authorization. The officers of the WIFIA Lender executing each of the Related Documents to which the WIFIA Lender is a party are duly and properly in office and fully authorized to execute the same on behalf of the WIFIA Lender. ARTICLE V COVENANTS Section 14. Affirmative Covenants. The Borrower covenants and agrees as follows until the date the WIFIA Bond and the Obligations of the Borrower under this Agreement (other than contingent indemnity obligations) are irrevocably paid in full in immediately available funds, unless the WIFIA Lender waives compliance in writing: (a) Rate Covenant. (i) The Borrower shall establish and collect rates and charges for the use or the sale of the products and services of the Water Utility System, which together with other moneys available therefor, are expected to produce Gross Revenues for each Borrower Fiscal Year which will be at least sufficient for such Borrower Fiscal Year to pay the sum of (A) all amounts estimated to be required to pay Operation and Maintenance Expenses during such Borrower Fiscal Year; (B) a sum equal to 115% of the debt service due and payable on the Parity Lien Obligations for such Borrower Fiscal Year, (C) a sum equal to 100% of the debt service due and payable on any Subordinate Lien Obligations for such Borrower Fiscal Year; (D) any amount required to restore any shortfalls in the O&M Reserve Requirement for the Borrower Fiscal Year; and (E) all other amounts which the Borrower may be required by law or contract to pay through the Gross Revenues for such Borrower Fiscal Year, including any amount required to be paid into any debt service reserve account (collectively, the “Rate Covenant”). Page 508 of 4167 37 (ii) In the event that Gross Revenues collected during a Borrower Fiscal Year are not sufficient to meet the Rate Covenant, the Borrower shall, within 90 days of the end of such Borrower Fiscal Year, cause a Technical and Rate Consultant to prepare a rate study for the purpose of recommending a schedule of rates, fees and charges for the use of the Water Utility System which in the opinion of the Technical and Rate Consultant conducting the study will be sufficient to provide Gross Revenues to be collected in the next succeeding Borrower Fiscal Year which will provide compliance with the Rate Covenant. Such a study shall be delivered to the WIFIA Lender. The Borrower shall within six (6) months of receipt of such study, adopt rates, fees and charges for the use of the Water Utility System, based upon the recommendations contained in such study, which will provide for compliance with the Rate Covenant. (b) Securing Liens. The Borrower shall at any and all times, to the extent permitted by law, pass, make, do, execute, acknowledge and deliver, all and every such further resolutions, acts, deeds, conveyances, assignments, transfers and assurances as may be necessary or desirable in connection with assuring, conveying, granting, assigning, securing and confirming the Liens on the Pledged Property (whether now existing or hereafter arising) granted to the WIFIA Lender for its benefit pursuant to the WIFIA Ordinance, or intended so to be granted pursuant to the WIFIA Ordinance, or which the Borrower may become bound to grant, and the Borrower shall at all times maintain the Pledged Property free and clear of any pledge, Lien, charge or encumbrance thereon or with respect thereto that has priority over, or equal rank with, the Liens created by the WIFIA Ordinance, other than as permitted by this Agreement, and all organizational, regulatory or other necessary action on the part of the Borrower to that end shall be duly and validly taken at all times. The Borrower shall at all times, to the extent permitted by law, defend, preserve and protect the Liens on the Pledged Property granted pursuant to the WIFIA Ordinance and for the benefit of the WIFIA Lender under the WIFIA Ordinance against all claims and demands of all Persons whomsoever, subject to Permitted Liens. (c) Use of Proceeds. The Borrower shall use the proceeds of the WIFIA Loan for purposes permitted by applicable law and as otherwise permitted under this Agreement and the other Related Documents. (d) Prosecution of Work; Verification Requirements. (i) The Borrower shall diligently prosecute the work relating to the Project and complete the Project in accordance with the Construction Schedule, the Governmental Approvals in connection with the Project and prudent industry practice. (ii) The Borrower shall comply with Subpart C of 2 C.F.R. Part 180, as supplemented by Subpart C of 2 C.F.R. Part 1532 (relating to debarment), including the verification requirements set forth in 2 C.F.R. §§ 180.300 and 180.320, and shall include in its contracts with respect to the Project similar terms or requirements for compliance. (e) Operations and Maintenance. The Borrower shall (i) operate and maintain the Water Utility System (including, but not limited to, the Project) (A) in a reasonable and prudent manner and (B) substantially in accordance with the Updated Financial Model/Plan most recently approved by the WIFIA Lender and (ii) maintain the Water Utility System (including the Project) Page 509 of 4167 38 in good repair, working order and condition and in accordance with the requirements of all applicable laws and each applicable Related Document. The Borrower shall at all times do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the Governmental Approvals and any other rights, licenses, franchises, and authorizations material to the conduct of its business. (f) Insurance. (i) The Borrower shall at all times procure and maintain or cause to be maintained insurance on the Water Utility System and the construction of the Project, with responsible insurers, or as part of a reasonable system of self-insurance that is adequately funded, in such amounts and against such risks (including damage to or destruction of the Water Utility System) as are customarily maintained with respect to works and properties of like character against accident to, loss of, or damage to such works or properties. All policies of insurance required to be maintained herein shall, to the extent reasonably obtainable, provide that the WIFIA Lender shall be given thirty (30) days written notice of any intended cancellation thereof or reduction of coverage provided thereby. The Borrower shall cause each Construction Contractor to obtain and maintain builders risk and casualty and liability insurance in accordance with the requirements of the applicable Construction Contract. (ii) The Borrower shall (by self-insuring or maintaining with responsible insurers or by a combination thereof) provide for workers’ compensation insurance for Borrower’s workers and insurance against public liability and property damage to the Water Utility System (including the Project) to the extent reasonably necessary to protect the Borrower and the WIFIA Lender. (iii) The Borrower shall cause all liability insurance policies that it maintains, other than workers’ compensation insurance, to reflect the WIFIA Lender as an additional insured to the extent of its insurable interest. (iv) Promptly upon request by the WIFIA Lender, the Borrower shall deliver to the WIFIA Lender copies of any underlying insurance policies obtained by or on behalf of the Borrower in respect of the Project. All such policies shall be available at all reasonable times for inspection by the WIFIA Lender, its agents and representatives. (v) The Borrower shall comply with the insurance requirements of the Parity Issuance Documents and shall deliver to the WIFIA Lender within thirty (30) days after receipt thereof any certifications or opinions provided to the Borrower pursuant to the Parity Issuance Documents with respect to the Borrower’s program of insurance or self- insurance. (g) Maintain Legal Structure. The Borrower shall maintain its existence as a municipal corporation organized and existing under its Organizational Documents and the laws of the State. The Borrower shall maintain the Water Utility System as part of its “enterprise” within the meaning of Article X, Section 20 of the Colorado Constitution, and the meaning of Title 37, Article 45.1, C.R.S. Page 510 of 4167 39 (h) Water Fund; Permitted Investments. (i) The Borrower shall maintain the Water Fund and the accounts and subaccounts established therein in accordance with the terms hereof and the WIFIA Ordinance. All Gross Revenues received shall be deposited into the Water Fund when and as received in trust for the benefit of the Bondholders, subject to the application of Gross Revenues to Operation and Maintenance Expenses, and shall be applied in accordance with Section 7(d) (Security and Priority; Flow of Funds). (ii) The Borrower shall maintain a reserve equal to the O&M Reserve Requirement. Such reserve may be in the form of an unassigned fund balance in the Water Fund or other unobligated cash or securities (i.e. capital reserves) or may be in a separate segregated account and shall be maintained as a continuing reserve for payment of any lawful purpose relating to the Water Utility System. If the O&M Reserve Requirement falls below the required amount, the shortfall shall be made up within twelve months in accordance with Section 14(a) (Rate Covenant). (iii) [Reserved]. (iv) Amounts on deposit in the Water Fund shall be held uninvested or invested in Permitted Investments. Permitted Investments must mature or be redeemable at the election of the holder at such times as may be necessary to ensure that funds will be available within the applicable account to be applied towards the purpose for which the applicable account has been established. (i) Compliance with Laws. (i) The Borrower shall, and shall require its contractors and subcontractors at all tiers with respect to the Project, to comply with all applicable laws, rules, regulations and requirements, including without limitation 40 U.S.C. §§3141-3144, 3146, and 3147 (relating to Davis-Bacon Act requirements) (and regulations relating thereto) and 33 U.S.C. §3914 (relating to American iron and steel products). (ii) To ensure such compliance, the Borrower shall include in all contracts with respect to the Project (A) the contract clauses relating to the Davis-Bacon Act requirements that are set forth in the Code of Federal Regulations, Title 29 Part 5.5 and (B) requirements that its contractor(s) (1) shall comply with all applicable laws, rules, regulations, and requirements set forth in this Section 14(i) and follow applicable federal guidance and (2) incorporate in all subcontracts (and cause all subcontractors to include in lower tier subcontracts) such terms and conditions as are required to be incorporated therein by any applicable laws, rules, regulations and requirements set forth in this Section 14(i) (including without limitation with respect to the Davis-Bacon Act requirements). (iii) The Borrower shall ensure that no use of proceeds of the WIFIA Loan or any other transaction contemplated by this Agreement or any other Related Document will violate any applicable Sanctions, Anti-Money Laundering Laws, or Anti- Corruption Laws, or any applicable anti-drug trafficking or anti-terrorism laws. Page 511 of 4167 40 (j) Material Obligations. The Borrower shall pay its material obligations promptly and in accordance with their terms and pay and discharge promptly all taxes, assessments and governmental charges or levies imposed upon it or upon the Gross Revenues or other assets of the Water Utility System, before the same shall become delinquent or in default, as well as all lawful and material claims for labor, materials and supplies or other claims which, if unpaid, might give rise to a Lien upon such properties or any part thereof or on the Gross Revenues or the Pledged Property; provided, however, that such payment and discharge shall not be required with respect to any such tax, assessment, charge, levy, claim or Lien so long as the validity or amount thereof shall be contested by the Borrower in good faith by appropriate proceedings and so long as the Borrower shall have set aside adequate reserves with respect thereto in accordance with and to the extent required by GAAP, applied on a consistent basis. (k) SAM Registration. The Borrower shall (i) obtain and maintain through the Final Disbursement Date an active registration status with the federal System for Award Management (www.SAM.gov) (or any successor system or registry) prior to the Effective Date and provide such registration information to the WIFIA Lender and (ii) within sixty (60) days prior to each anniversary of the Effective Date until the Final Disbursement Date, provide to the WIFIA Lender evidence of such active registration status with no active exclusions reflected in such registration. (l) DUNS Number. The Borrower shall (i) obtain and maintain from Dun & Bradstreet (or a successor entity) a Data Universal Numbering System Number (a “DUNS Number”) prior to the Effective Date and provide such number to the WIFIA Lender and (ii) within sixty (60) days prior to each anniversary of the Effective Date, provide to the WIFIA Lender evidence of the continuing effectiveness of such DUNS Number, in each case until the Final Maturity Date or to such earlier date as all amounts due or to become due to the WIFIA Lender under this Agreement have been irrevocably paid in full in immediately available funds. (m) Events of Loss; Loss Proceeds. If an Event of Loss shall occur with respect to the Water Utility System (including the Project) or any part thereof, the Borrower shall (i) diligently pursue all of its rights to compensation against all relevant insurers, reinsurers and Governmental Authorities, as applicable, in respect of such Event of Loss and (ii) apply all Net Loss Proceeds in respect of such Event of Loss to repair, reconstruct, and/or replace the portion of the Water Utility System in respect of which the applicable Loss Proceeds were received. The Borrower shall begin such repair, reconstruction or replacement promptly after such damage or destruction shall occur, and shall continue and properly complete such repair, reconstruction or replacement as expeditiously as possible, and shall pay out of such Loss Proceeds all costs and expenses in connection with such repair, reconstruction or replacement so that the same shall be completed and the Water Utility System shall be free and clear of all claims and Liens. (n) Immunity. To the fullest extent permitted by applicable law, the Borrower agrees that it will not assert any immunity (and hereby waives any such immunity) it may have as a governmental entity from lawsuits, other actions and claims, and any judgments with respect to the enforcement of any of the obligations of the Borrower under this Agreement or any other WIFIA Loan Document. Page 512 of 4167 41 (o) Accounting and Audit Procedures. (i) The Borrower shall establish fiscal controls and accounting procedures sufficient to assure proper accounting for all (i) Gross Revenues, operating expenses, capital expenses, depreciation, reserves, debt issued and outstanding and debt payments and (ii) Project-related costs, WIFIA Loan requisitions submitted, WIFIA Loan proceeds received, payments made by the Borrower with regard to the Project, other sources of funding for the Project (including amounts paid from such sources for Project costs so that audits may be performed to ensure compliance with and enforcement of this Agreement). The Borrower shall use accounting, audit and fiscal procedures conforming to GAAP, including, with respect to the WIFIA Loan, accounting of principal and interest payments, disbursements, prepayments and calculation of interest and principal amounts Outstanding. (ii) The Borrower shall have a single or program-specific audit conducted in accordance with 2 C.F.R. Part 200 Subpart F and 31 U.S.C. § 7502 from (and including) the first Borrower Fiscal Year in which a Disbursement is made under this Agreement and annually thereafter to the extent required by applicable law, except to the extent biennial audits are permitted for the Borrower pursuant to 2 C.F.R. § 200.504 and 31 U.S.C. § 7502(b). Upon reasonable notice, the Borrower shall cooperate fully in the conduct of any periodic or compliance audits conducted by the WIFIA Lender, or designees thereof, pursuant to 40 C.F.R. Part 35, 31 U.S.C. § 7503(b), or 31 U.S.C. § 6503(h) and shall provide full access to any books, documents, papers or other records that are pertinent to the Project or the WIFIA Loan, to the WIFIA Lender, or the designee thereof, for any such project or programmatic audit. (p) Access; Records. (i) So long as the WIFIA Loan or any portion thereof shall remain Outstanding and until five (5) years after the WIFIA Loan shall have been paid in full, the WIFIA Lender shall have the right, upon reasonable prior notice, to visit and inspect any portion of the Project, to examine books of account and records of the Borrower relating to the Project, to make copies and extracts therefrom at the Borrower’s expense, and to discuss the Borrower’s affairs, finances and accounts relating to the Project with, and to be advised as to the same by, its officers and employees and its independent public accountants (and by this provision the Borrower irrevocably authorizes its independent public accountants to discuss with the WIFIA Lender the affairs, finances and accounts of the Borrower, whether or not any representative of the Borrower is present, it being understood that nothing contained in this Section 14(p) is intended to confer any right to exclude any such representative from such discussions), all at such reasonable times and intervals as the WIFIA Lender may request. The Borrower agrees to pay all out-of-pocket expenses incurred by the WIFIA Lender in connection with the WIFIA Lender’s exercise of its rights under this Section 14(p) at any time when an Event of Default shall have occurred and be continuing. (ii) The Borrower shall maintain and retain all pertinent files relating to the Project and the WIFIA Loan, as may be necessary for the WIFIA Lender to facilitate Page 513 of 4167 42 an effective and accurate audit and performance evaluation of the Project, until five (5) years after the later of the date on which (i) all rights and duties under this Agreement and under the WIFIA Bond (including payments) have been fulfilled and any required audits have been performed and (ii) any litigation relating to the Project, the WIFIA Loan or this Agreement is finally resolved or, if the WIFIA Lender has reasonable cause to extend such date, a date to be mutually agreed upon by the WIFIA Lender and the Borrower. The Borrower shall provide to the WIFIA Lender in a timely manner all records and documentation relating to the Project that the WIFIA Lender may reasonably request from time to time. Section 15. Negative Covenants. The Borrower covenants and agrees as follows until the date the WIFIA Bond and the obligations of the Borrower under this Agreement (other than contingent indemnity obligations) are irrevocably paid in full in immediately available funds, unless the WIFIA Lender waives compliance in writing: (a) Indebtedness. (i) The Borrower may not create, incur or suffer to exist (A) any Obligations the payments of which are senior or prior in right to the payment by the Borrower of the Parity Lien Obligations, (B) any Obligations, the proceeds of which are applied to the funding of Total Project Costs, that are secured by a Lien on any assets or property of the Borrower other than the Pledged Property, or (C) while a Payment Default or a Bankruptcy Related Event has occurred and is continuing, any Additional Obligations, including Permitted Debt, without the prior written consent of the WIFIA Lender. All Additional Obligations shall be payable semi-annually as to interest, on February 1 and August 1 of each year, and as to principal, only on August 1 of any calendar year. (ii) Except as provided in clause (iv) of this Section 15(a), the Borrower shall not create, incur or suffer to exist any Additional Parity Lien Obligations unless the Net Revenues for any twelve (12) consecutive months out of the eighteen (18) months preceding the month in which such proposed Obligations are to be issued are at least equal to the sum of (A) 115% of the Maximum Annual Debt Service of (1) all Outstanding Parity Lien Obligations, including the WIFIA Bond and (2) such proposed Additional Parity Lien Obligations, and (B) 100% of the Maximum Annual Debt Service of all other indebtedness payable from the Pledged Property, including any Outstanding Subordinate Lien Obligations. Net Revenues determined pursuant to the preceding sentence may be adjusted to reflect any rate increases adopted prior to the issuance of such proposed Additional Parity Lien Obligations by adding to the actual Net Revenues for the twelve (12) consecutive month period an estimated sum equal to 100% of the estimated increase in Net Revenues which would have been realized during such period had such rate increase been in effect during all of such preceding period. (iii) The Borrower shall not issue any Additional Parity Lien Obligations that bear interest at a Variable Interest Rate, to the extent that such issuance would cause the principal amount of all Outstanding Variable Interest Rate Obligations to exceed twenty percent (20%) of the principal amount of all Outstanding Parity Lien Obligations. Any hedging termination payment obligations of the Borrower shall be fully subordinate and Page 514 of 4167 43 payable only pursuant to clause FIFTH of Section 7(d) (Security and Priority; Flow of Funds) in respect of the WIFIA Bond. (iv) The Borrower may issue Additional Parity Lien Obligations that will refund Outstanding Parity Lien Obligations, without compliance with the requirements in clause (ii) of this Section 15(a), only if the debt service payments on such refunding Additional Parity Lien Obligations do not exceed the debt service payments on the refunded Parity Lien Obligations during any Borrower Fiscal Year. (v) The Borrower shall not create, incur or suffer to exist any Additional Subordinate Lien Obligations unless (A) the Net Revenues for any twelve (12) consecutive months out of the eighteen (18) months preceding the month in which such proposed Obligations are to be issued are at least equal to 100% of the Maximum Annual Debt Service on all Outstanding Obligations, including the WIFIA Bond, and the proposed Additional Subordinate Lien Obligations, and (B) such Additional Subordinate Lien Obligations are fully subordinated to the Parity Lien Obligations in priority of payment (as to both principal and interest), voting and priority of security interest in the Pledged Property, including with respect to payment from revenues and reserves and payment upon default of any such Additional Subordinate Lien Obligations. Net Revenues determined pursuant to the preceding sentence may be adjusted to reflect any rate increases adopted prior to the issuance of such proposed Additional Subordinate Lien Obligations by adding to the actual Net Revenues for the twelve (12) consecutive month period an estimated sum equal to 100% of the estimated increase in Net Revenues which would have been realized during such period had such rate increase been in effect during all of such preceding period. (vi) No Issuance Document entered into by the Borrower with respect to any Additional Obligations shall conflict with this Agreement or the WIFIA Ordinance, including with respect to priority, voting rights or the flow of funds set forth in Section 7(d) (Security and Priority; Flow of Funds) and in the WIFIA Ordinance. (b) No Lien Extinguishment or Adverse Amendments. The Borrower shall not, and shall not permit any Person to, without the prior written consent of the WIFIA Lender, (i) extinguish the Rate Covenant; (ii) extinguish or impair the Liens on the Pledged Property or any dedicated source of repayment of the WIFIA Loan or any other Obligations (the proceeds of which are applied to fund Total Project Costs), in each case granted pursuant to the Parity Issuance Documents, (iii) amend, modify, replace or supplement any Related Document or permit a waiver of any provision thereof in a manner that could adversely affect the WIFIA Lender or could reasonably be expected to result in a Material Adverse Effect, or (iv) terminate, assign or replace any Related Document in a manner that could adversely affect the WIFIA Lender or could reasonably be expected to have a Material Adverse Effect. (c) No Prohibited Liens. Except for Permitted Liens, the Borrower shall not create, incur, assume or permit to exist any Lien on the Project, the Pledged Property, the Gross Revenues, or the Borrower’s respective rights therein. (d) Restricted Payments and Transfers. The Borrower shall not permit Gross Revenues or other assets of the Water Utility System, or any funds in any accounts held by or on Page 515 of 4167 44 behalf of the Borrower in respect of the Gross Revenues, including the Water Fund, to be paid or transferred or otherwise applied for purposes other than ownership, operation or maintenance of the Water Utility System. (e) No Prohibited Sale, Lease or Assignment. The Borrower shall not sell, lease or assign its rights in and to the Water Utility System or a substantial portion of the assets included in the Water Utility System in each case unless such sale, lease or assignment (i) could not reasonably be expected to have a Material Adverse Effect and (ii) is made by the Borrower in the ordinary course of business. (f) Fiscal Year. The Borrower shall not at any time adopt any fiscal year other than the Borrower Fiscal Year, except with thirty (30) days’ prior written notice to the WIFIA Lender. (g) Mergers and Acquisitions. The Borrower shall not, and shall not agree to, reorganize, consolidate with or merge into another Person unless (i) such reorganization, merger or consolidation is with or into another entity established by State law and such reorganization, merger or consolidation is mandated by State law, and in each case, does not adversely affect or impair to any extent or in any manner (A) the Gross Revenues or other elements of the Pledged Property or (B) the availability of the Gross Revenues for the payment and security of the obligations of the Borrower under this Agreement; and (ii) the Borrower provides to the WIFIA Lender, no later than sixty (60) days prior to the date of reorganization, consolidation or merger, prior written notice of such reorganization, consolidation or merger and the agreements and documents authorizing the reorganization, consolidation or merger, satisfactory in form and substance to the WIFIA Lender. In addition, the Borrower shall provide all information concerning such reorganization, consolidation or merger as shall have been reasonably requested by the WIFIA Lender. (h) Hedging. Other than interest rate hedging transactions permitted under the Issuance Documents, the Borrower shall not enter into any swap or hedging transaction, including any such transaction that is speculative or creates extraordinary leverage or risk, without the prior written consent of the WIFIA Lender. Section 16. Reporting Requirements. (a) Updated Financial Model/Plan. (i) The Borrower shall provide to the WIFIA Lender not later than one hundred eighty (180) days after the end of each Borrower Fiscal Year, an Updated Financial Model/Plan. The Updated Financial Model/Plan shall reflect the Borrower’s reasonable expectations, using assumptions that the Borrower believes to be reasonable, and include: (1) the Borrower’s capital improvement plan, major maintenance plan, projected rates and charges, projected debt outstanding and annual debt service, projected Gross Revenues and projected Operation and Maintenance Expenses for a reasonable projection period consistent with the Borrower’s operating and financial planning and demonstrating that the Borrower has developed and identified adequate revenues to implement a plan for operating, maintaining, and repairing the Project; (2) evidence of Page 516 of 4167 45 compliance with the Rate Covenant for the most recent Borrower Fiscal Year for which the Borrower’s financial statements are available and the projected debt service coverage ratios (including projected Rate Covenant coverages) through the Forecast Period; and (3) a written narrative identifying any material changes to the underlying assumptions from the previous Updated Financial Model/Plan. (b) Annual Financial Statements. The Borrower shall deliver to the WIFIA Lender, as soon as available, but no later than one hundred eighty (180) days after the end of each Borrower Fiscal Year, a copy of the audited income statement and balance sheet of the Borrower as of the end of such Borrower Fiscal Year and the related audited statements of operations and of cash flow of the Borrower for such Borrower Fiscal Year, (i) setting forth in each case in comparative form the figures for the previous fiscal year, (ii) certified without qualification or exception, or qualification as to the scope of the audit, by an independent public accounting firm selected by the Borrower and (iii) which shall be complete and correct in all material respects and shall be prepared in reasonable detail and in accordance with GAAP applied consistently throughout the periods reflected therein (except, with respect to the annual financial statements, for changes approved or required by the independent public accountants certifying such statements and disclosed therein). (c) Final Design Specifications. The Borrower shall deliver to the WIFIA Lender, prior to prior to bid advertisement, a copy of the final specifications relating to the development and construction of the Project (or such sub-project or component, as the case may be), demonstrating compliance with all applicable federal requirements and including a summary of the scope of work thereunder. (d) Construction Reporting. The WIFIA Lender shall have the right in its sole discretion to monitor (or direct its agents to monitor) the development of the Project, including environmental compliance, design, and construction of the Project. The Borrower shall be responsible for administering construction oversight of the Project in accordance with applicable federal, state and local governmental requirements. The Borrower agrees to cooperate in good faith with the WIFIA Lender in the conduct of such monitoring by promptly providing the WIFIA Lender with such reports, Construction Contracts, documentation or other information as shall be requested by the WIFIA Lender or its agents, including any independent engineer reports, documentation or information. During the period through Substantial Completion of the Project, the Borrower shall furnish to the WIFIA Lender, on a quarterly basis, a report on the status of the Project, substantially in the form of Exhibit J (Form of Quarterly Report). The report shall be executed by the Borrower’s Authorized Representative and, for any quarter, shall be delivered to the WIFIA Lender within thirty (30) days of the following quarter (or if such day is not a Business Day, on the next following Business Day). If the then-current projection for the Substantial Completion Date is a date later than the Projected Substantial Completion Date, the Borrower shall provide in such report a description in reasonable detail to the reasonable satisfaction of the WIFIA Lender of the reasons for such projected delay, an estimate of the impact of such delay on the capital and operating costs of the Water Utility System (if any), and that the new date could not reasonably be expected to result in a Material Adverse Effect. (e) Public Benefits Report. The Borrower shall deliver to the WIFIA Lender a report, in the form of Exhibit K (Form of Public Benefits Report) (the “Public Benefits Report”), Page 517 of 4167 46 (i) prior to the Effective Date, (ii) within ninety (90) days following the Substantial Completion Date and (iii) within ninety (90) days following the fifth (5th) anniversary of the Substantial Completion Date. The Borrower agrees that information described under this Section 16(e) may be made publicly available by the WIFIA Lender at its discretion. (f) Quarterly Certification of Eligible Project Costs. If requested by the WIFIA Lender, on a basis not more frequently than quarterly, the Borrower shall submit to the WIFIA Lender, concurrently with the delivery of the construction monitoring report pursuant to Section 16(d), a certificate, in the form of Exhibit D-2 (Form of Certification of Eligible Project Costs Documentation), signed by the Borrower’s Authorized Representative, and attaching Eligible Project Costs Documentation as applicable. If there are no applicable Eligible Project Costs for such quarter, the Borrower may notify the WIFIA Lender by written confirmation of the same by email in accordance with Section 31 (Notices) of the WIFIA Loan Agreement. Within sixty (60) days following the receipt of such certificate and accompanying Eligible Project Costs Documentation (if applicable), the WIFIA Lender shall notify the Borrower confirming (i) which Eligible Project Costs incurred by the Borrower set forth in the certification have been approved or denied (and, if denied, the reasons therefor) and (ii) the cumulative amount of Eligible Project Costs that have been approved as of the date of such notice. Any such approved amounts of Eligible Project Costs shall then be deemed to be available for Disbursement at such time as the Borrower submits a Requisition in respect of such approved amounts in accordance with Section 4 (Disbursement Conditions). (g) Operations and Maintenance. The WIFIA Lender shall have the right, in its sole discretion, to monitor (or direct its agents to monitor) the Project’s operations and, as the WIFIA Lender may request from time to time, to receive reporting on the operation and management of the Project, and copies of any contracts relating to the operation and maintenance of the Project. The Borrower agrees to cooperate in good faith with the WIFIA Lender in the conduct of such monitoring by promptly providing the WIFIA Lender with such reports, documentation, or other information requested by the WIFIA Lender. The WIFIA Lender has the right, in its sole discretion, to retain such consultants or advisors, to carry out the provisions of this Section 16(g). (h) Notices. (i) The Borrower shall, within fifteen (15) days after the Borrower learns of the occurrence, give the WIFIA Lender notice of any of the following events or receipt of any of the following notices, as applicable, setting forth details of such event: (A) Substantial Completion: the occurrence of Substantial Completion, such notice to be provided in the form set forth in Exhibit I (Form of Certificate of Substantial Completion); (B) Defaults; Events of Default: any Default or Event of Default; (C) Litigation: (1) the filing of any litigation, suit or action, or the commencement of any proceeding, against the Borrower before any arbitrator, Governmental Authority, alternative dispute resolution body, or other neutral third-party that, in each case, could Page 518 of 4167 47 reasonably be expected to have a Material Adverse Effect, and (2) any final, non-appealable judgment related to the Pledged Property entered against Borrower; (D) Delayed Governmental Approvals: any failure to receive or delay in receiving any Governmental Approval or making any required filing, notice, recordation or other demonstration to or with a Governmental Authority, in each case to the extent such failure or delay will or could reasonably be expected to result in a delay to any major milestone date (including the Projected Substantial Completion Date) set forth in the Construction Schedule, together with a written explanation of the reasons for such failure or delay and the Borrower’s plans to remedy or mitigate the effects of such failure or delay; (E) Environmental Notices: any material notice of violation related to the Project or any material change to the Project that could reasonably be expected to affect the NEPA Determination; (F) Amendments: except as otherwise agreed by the WIFIA Lender in writing, copies of any fully executed amendments, modifications, replacements or supplements to any Related Document at least thirty (30) days prior to the effective date thereof; provided, that such notice can be accomplished through the posting of the relevant documents on EMMA under the WIFIA CUSIP Number with a reference to the relevant WIFIA provision of this Agreement; (G) Related Document Defaults: any material breach or default or event of default on the part of the Borrower or any other party under any Related Document; provided that such notice can be accomplished through the posting of the relevant documents on EMMA under the WIFIA CUSIP Number with a reference to the relevant WIFIA provision of this Agreement; (H) Uncontrollable Force: the occurrence of any Uncontrollable Force that could reasonably be expected to materially and adversely affect the Project; (I) Ratings Changes: any change in the rating assigned to the WIFIA Loan or any Parity Lien Obligations, in each case by any Nationally Recognized Rating Agency that has provided a public rating on such Obligations, and any notices, reports or other written materials (other than those that are ministerial in nature) received from any such rating agencies; provided, that such notice can be accomplished through the posting of the relevant documents on EMMA under the WIFIA CUSIP Number with a reference to the relevant WIFIA provision of this Agreement; (J) 2 C.F.R. § 180.350 Notices: any notification required pursuant to 2 C.F.R. § 180.350, whether attributable to a failure by the Borrower to disclose information previously required to have been disclosed or due to the Borrower or any of its principals meeting any of the criteria set forth in 2 C.F.R. § 180.335; (K) Issuance of Obligations: the issuance or incurrence of any Obligations (including any Additional Parity Lien Obligations or Additional Subordinate Lien Obligations), which notice shall include copies of any final issuing instrument (together with any Page 519 of 4167 48 continuing disclosure documents, ordinances, official statement, certifications or cash flow projections in connection therewith), prepared in connection with the incurrence of any such Obligation, together with a confirmation by the Borrower that such additional indebtedness satisfies the applicable requirements under the definition of “Permitted Debt”; provided that such notice can be accomplished through the posting of the relevant documents on EMMA under the WIFIA CUSIP Number with a reference to the relevant WIFIA provision of this Agreement; (L) Postings on EMMA: the posting of any document on EMMA in accordance with the requirements of any continuing disclosure agreement with respect to any Outstanding Obligations relating to annual financial information and operating data and the reporting of significant events; provided that such notice can be accomplished through the posting of the relevant document on EMMA under the WIFIA CUSIP Number with a reference to the relevant WIFIA provision of this Agreement; and (M) Other Adverse Events: the occurrence of any other event or condition, including without limitation any notice of breach from a contract counterparty or any holder of any Obligations, that could reasonably be expected to result in a Material Adverse Effect or have a material and adverse effect on the Project. (i) Requested Information. The Borrower shall, at any time while the WIFIA Loan remains Outstanding, promptly deliver to the WIFIA Lender such additional information regarding the business, financial, legal or organizational affairs of the Borrower or regarding the Project, the Water Utility System or the Gross Revenues as the WIFIA Lender may from time to time reasonably request. The Borrower agrees that the delivery of any documents or information under and pursuant to this Agreement shall not be construed as compliance with, or affect in any manner, any obligations of the Borrower under any other contracts, agreements, decrees, Governmental Approvals, or other documents with EPA (other than the WIFIA Loan Documents) or the Federal Government. ARTICLE VI EVENTS OF DEFAULT Section 17. Events of Default and Remedies. (a) An “Event of Default” shall exist under this Agreement if any of the following occurs: (i) Payment Default. The Borrower shall fail to pay any part of the principal amount of or interest on the WIFIA Loan (including WIFIA Debt Service required to have been paid pursuant to the provisions of Section 8 (Payment of Principal and Interest), and such failure continues for a period of five (5) days, when and as the payment thereof shall be required under this Agreement or the WIFIA Bond or on the Final Maturity Date (each such failure, a “Payment Default”). (ii) Covenant Default. The Borrower shall fail to observe or perform any covenant, agreement or obligation of the Borrower under this Agreement, the WIFIA Page 520 of 4167 49 Bond or any other WIFIA Loan Document (other than in the case of any Payment Default, any Development Default or any failure to comply with the Rate Covenant), and such failure shall not be cured within thirty (30) days after the earlier to occur of (A) receipt by the Borrower from the WIFIA Lender of written notice thereof or (B) the Borrower’s knowledge of such failure; provided, however, that if such failure is capable of cure but cannot reasonably be cured within such thirty (30) day cure period, then no Event of Default shall be deemed to have occurred or be continuing under this Section 17(a)(ii), and such thirty (30) day cure period shall be extended by up to one hundred fifty (150) additional days, if and so long as (x) within such thirty (30) day cure period the Borrower shall commence actions reasonably designed to cure such failure and shall diligently pursue such actions until such failure is cured and (y) such failure is cured within one hundred eighty (180) days of the date specified in either (A) or (B) above, as applicable. (iii) Misrepresentation Default. Any of the representations, warranties or certifications of the Borrower made in or delivered pursuant to the WIFIA Loan Documents (or in any certificates delivered by the Borrower in connection with the WIFIA Loan Documents) shall prove to have been false or misleading in any material respect when made or deemed made (or any representation and warranty that is subject to a materiality qualifier shall prove to have been false or misleading in any respect); provided, that no Event of Default shall be deemed to have occurred under this Section 17(a)(iii) if and so long as (A) such misrepresentation is not intentional, (B) such misrepresentation is not a misrepresentation in respect of Section 12(g) (Representations and Warranties of Borrower – Security Interests), Section 12(h) (Representations and Warranties of Borrower – No Debarment), Section 12(j) (Representations and Warranties of Borrower – Compliance with Laws), or Section 12(y) (Representation and Warranties of Borrower – Patriot Act), (C) in the reasonable determination of the WIFIA Lender, such misrepresentation has not had, and would not reasonably be expected to result in, a Material Adverse Effect, (D) in the reasonable determination of the WIFIA Lender, the underlying issue giving rise to the misrepresentation is capable of being cured and (E) the underlying issue giving rise to the misrepresentation is cured by the Borrower within thirty (30) days from the date on which the Borrower first became aware (or reasonably should have become aware) of such misrepresentation. (iv) Acceleration of Obligations. Any acceleration shall occur of the maturity of any Obligation, or any such Obligation shall not be paid in full upon the final maturity thereof. (v) Cross Default with Other Related Documents. Any default shall occur in respect of the performance of any covenant, agreement or obligation of the Borrower under the Related Documents, and such default shall be continuing after the giving of any applicable notice and the expiration of any applicable grace period specified in the Related Documents (as the case may be) with respect to such default, and the Borrower shall have failed to cure such default or to obtain an effective written waiver thereof in accordance with the terms thereof. (vi) Material Adverse Judgment. Any final, non-appealable judgment related to the Pledged Property shall be entered against the Borrower that results in the Page 521 of 4167 50 impairment of (a) the ability of the Borrower to comply with any of its payment obligations under any WIFIA Loan Document, or (b) the WIFIA Lender’s rights or remedies available under any WIFIA Loan Document. (vii) Occurrence of a Bankruptcy Related Event. A Bankruptcy Related Event shall occur with respect to the Borrower. (viii) Invalidity of WIFIA Loan Documents. (A) Any WIFIA Loan Document ceases to be in full force and effect (other than as a result of the termination thereof in accordance with its terms) or becomes void, voidable, illegal or unenforceable, or the Borrower contests in any manner the validity or enforceability of any WIFIA Loan Document to which it is a party or denies it has any further liability under any WIFIA Loan Document to which it is a party, or purports to revoke, terminate or rescind any WIFIA Loan Document to which it is a party; (B) the WIFIA Ordinance ceases (other than as expressly permitted thereunder) to be effective or to grant a valid and binding security interest on any material portion of the Pledged Property other than as a result of actions or a failure to act by, and within the control of, any Bondholder, and with the priority purported to be created thereby; or (C) any event occurs that results in the impairment in the validity, enforceability, perfection or priority of the WIFIA Lender’s security interest in the Pledged Property or in the material value of such Pledged Property. (ix) Failure to Satisfy Rate Covenant. The Borrower fails to satisfy the Rate Covenant for two (2) consecutive Borrower Fiscal Years. (x) Development Default. A Development Default shall occur. (b) Upon the occurrence of any Bankruptcy Related Event, all obligations of the WIFIA Lender hereunder with respect to the disbursement of any undisbursed amounts of the WIFIA Loan shall automatically be deemed terminated. (c) Upon the occurrence of any Event of Default, the WIFIA Lender, by written notice to the Borrower, may exercise any or all of the following remedies: (i) the WIFIA Lender may suspend or terminate all of its obligations hereunder with respect to the disbursement of any undisbursed amounts of the WIFIA Loan; (ii) the WIFIA Lender may cease permitting interest on the WIFIA Loan to be capitalized; (iii) the WIFIA Lender may apply the Default Rate provisions of Section 6 (Interest Rate); (iv) the WIFIA Lender may suspend or debar the Borrower from further participation in any Government program administered by the WIFIA Lender and to notify other departments and agencies of such default; (v) the WIFIA Lender shall be entitled and empowered to institute any actions or proceedings at law or in equity for the collection of any sums due and unpaid Page 522 of 4167 51 hereunder or under the WIFIA Bond or the other WIFIA Loan Documents, and may prosecute any such judgment or final decree against the Borrower and collect in the manner provided by law out of the Pledged Property the moneys adjudged or decreed to be payable, and the WIFIA Lender shall have all of the rights and remedies of a creditor, including all rights and remedies of a secured creditor under the Uniform Commercial Code, and may take such other actions at law or in equity as may appear necessary or desirable to collect all amounts payable by Borrower under this Agreement, the WIFIA Bond or the other WIFIA Loan Documents then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of the Borrower under this Agreement, the WIFIA Bond or the other WIFIA Loan Documents; and/or (vi) if any Bondholder or trustee on behalf of any Bondholder has the right to declare immediately due and payable or otherwise accelerate any Obligations (any such right, an “Acceleration Right”) and exercises such Acceleration Right, the WIFIA Lender may declare the unpaid principal amount of the WIFIA Bond to be, and the same shall thereupon forthwith become, immediately due and payable, together with the interest accrued thereon and all fees, costs, expenses, indemnities and other amounts payable under this Agreement, the WIFIA Bond or the other WIFIA Loan Documents, all without presentment, demand, notice, protest or other requirements of any kind, all of which are hereby expressly waived. (d) No action taken pursuant to this Section 17 shall relieve Borrower from its obligations pursuant to this Agreement, the WIFIA Bond or the other WIFIA Loan Documents, all of which shall survive any such action. ARTICLE VII MISCELLANEOUS Section 18. Disclaimer of Warranty. The WIFIA Lender makes no warranty or representation, either express or implied, as to the value, design, condition, merchantability or fitness for a particular purpose or fitness for use of the Project or any portion thereof or any other warranty with respect thereto. In no event shall the WIFIA Lender be liable for any incidental, indirect, special or consequential damages incidental to or arising out of this Agreement or the Project or the existence, furnishing, functioning or use of the Project or any item or products or services provided for in this Agreement. Section 19. No Personal Recourse. No official, employee or agent of the WIFIA Lender or the Borrower or any Person executing this Agreement or any of the other WIFIA Loan Documents shall be personally liable on this Agreement or such other WIFIA Loan Documents by reason of the issuance, delivery or execution hereof or thereof. Section 20. No Third Party Rights. The parties hereby agree that this Agreement creates no third party rights against the Borrower, the Government, or the WIFIA Lender, solely by virtue of the WIFIA Loan, and the Borrower agrees to indemnify and hold the WIFIA Lender, the Servicer (if any), the Administrator, and the Government harmless, to the extent permitted by law and in accordance with Section 32 (Indemnification), from any lawsuit or claim arising in law or Page 523 of 4167 52 equity solely by reason of the WIFIA Loan, and that no third party creditor of the Borrower shall have any right against the WIFIA Lender with respect to the WIFIA Loan made pursuant to this Agreement. Section 21. Borrower’s Authorized Representative. The Borrower shall at all times have appointed a Borrower’s Authorized Representative by designating such Person or Persons from time to time to act on the Borrower’s behalf pursuant to a written certificate furnished to the WIFIA Lender and the Servicer, if any, containing the specimen signature or signatures of such Person or Persons and signed by the Borrower. Section 22. WIFIA Lender’s Authorized Representative. The WIFIA Lender hereby appoints the Director of the WIFIA Program, whose notice details are set forth below in Section 31 (Notices), to serve as the WIFIA Lender’s Authorized Representative under this Agreement until such time as a successor or successors shall have been appointed. Thereafter, the successor in office shall serve as the WIFIA Lender’s Authorized Representative. The WIFIA Lender shall provide notice to the Borrower within a reasonable time period following the succession. Section 23. Servicer. The WIFIA Lender may from time to time designate another entity or entities to perform, or assist the WIFIA Lender in performing, the duties of the Servicer or specified duties of the WIFIA Lender under this Agreement and the WIFIA Bond. The WIFIA Lender shall give the Borrower written notice of the appointment of any successor or additional Servicer and shall enumerate the duties or any change in duties to be performed by any Servicer. Any references in this Agreement to the WIFIA Lender shall be deemed to be a reference to the Servicer with respect to any duties which the WIFIA Lender shall have delegated to such Servicer. The WIFIA Lender may at any time assume the duties of any Servicer under this Agreement and the WIFIA Bond. The Borrower shall cooperate and respond to any reasonable request of the Servicer for information, documentation or other items reasonably necessary for the performance by the Servicer of its duties hereunder. Section 24. Amendments and Waivers. No amendment, modification, termination, or waiver of any provision of this Agreement shall in any event be effective without the written consent of each of the parties hereto. Section 25. Governing Law. This Agreement shall be governed by the federal laws of the United States of America if and to the extent such federal laws are applicable and the internal laws of the State, if and to the extent such federal laws are not applicable. Section 26. Severability. In case any provision in or obligation under this Agreement shall be invalid, illegal, or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations, or of such provision or obligation in any other jurisdiction, shall not in any way be affected or impaired thereby. Section 27. Successors and Assigns. This Agreement shall be binding upon the parties hereto and their respective permitted successors and assigns and shall inure to the benefit of the parties hereto and their permitted successors and assigns. Neither the Borrower’s rights or obligations hereunder nor any interest therein may be assigned or delegated by the Borrower without the prior written consent of the WIFIA Lender. Page 524 of 4167 53 Section 28. Remedies Not Exclusive. No remedy conferred herein or reserved to the WIFIA Lender is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Section 29. Delay or Omission Not Waiver. No delay or omission of the WIFIA Lender to exercise any right or remedy provided hereunder upon a default of the Borrower (except a delay or omission pursuant to a written waiver) shall impair any such right or remedy or constitute a waiver of any such default or acquiescence therein. Every right and remedy given by this Agreement or by law to the WIFIA Lender may be exercised from time to time, and as often as may be deemed expedient by the WIFIA Lender. Section 30. Counterparts. This Agreement and any amendments, waivers, consents or supplements hereto or in connection herewith may be executed in any number of counterparts and by the different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute one and the same instrument; signature pages may be detached from multiple separate counterparts and attached to a single counterpart so that all signature pages are physically attached to the same document. Electronic delivery of an executed counterpart of a signature page of this Agreement or any document or instrument delivered in connection herewith in accordance with Section 31 (Notices) shall be effective as delivery of an original executed counterpart of this Agreement or such other document or instrument, as applicable. Section 31. Notices. Notices hereunder shall be (a) in writing, (b) effective as provided below and (c) given by (i) nationally recognized courier service, (ii) hand delivery, or (iii) email, in each case to: If to WIFIA Lender: Environmental Protection Agency WJC-E 7334A 1200 Pennsylvania Avenue NW Washington, D.C. 20460 Attention: WIFIA Director Email: WIFIA_Portfolio@epa.gov If to Borrower: City of Englewood, Colorado 1000 Englewood Parkway Englewood, CO 80110 Attention: City Manager Email: CMO@englewoodco.gov With a copy to: City of Englewood, Colorado 1000 Englewood Parkway Englewood, CO 80110 Attention: City Attorney Email: CAO@englewoodco.gov Page 525 of 4167 54 Unless otherwise instructed by the WIFIA Lender’s Authorized Representative, all notices to the WIFIA Lender should be made by email to the email address noted above for the WIFIA Lender. Notices required to be provided herein shall be provided to such different addresses or to such further parties as may be designated from time to time by a Borrower’s Authorized Representative, with respect to notices to the Borrower, or by the WIFIA Lender’s Authorized Representative, with respect to notices to the WIFIA Lender or the Servicer. Each such notice, request or communication shall be effective (x) if delivered by hand or by nationally recognized courier service, when delivered at the address specified in this Section 31 (or in accordance with the latest unrevoked written direction from the receiving party) and (y) if given by email, when such email is delivered to the address specified in this Section 31 (or in accordance with the latest unrevoked written direction from the receiving party); provided, that notices received on a day that is not a Business Day or after 5:00 p.m. Eastern Time on a Business Day will be deemed to be effective on the next Business Day. Section 32. Indemnification. The Borrower shall, to the extent permitted by law, indemnify the WIFIA Lender and any official, employee, agent or representative of the WIFIA Lender (each such Person being herein referred to as an “Indemnitee”) against, and hold each Indemnitee harmless from, any and all losses, claims, damages, liabilities, fines, penalties, costs and expenses (including the fees, charges and disbursements of any counsel for any Indemnitee and the costs of environmental remediation), whether known, unknown, contingent or otherwise, incurred by or asserted against any Indemnitee arising out of, in connection with, or as a result of (a) the execution, delivery and performance of this Agreement or any of the other Related Documents, (b) the WIFIA Loan or the use of the proceeds thereof, or (c) the violation of any law, rule, regulation, order, decree, judgment or administrative decision relating to the environment, the preservation or reclamation of natural resources, the management, release or threatened release of any hazardous material or to health and safety matters; in each case arising out of or in direct relation to the Project; provided, that such indemnity shall not, as to any Indemnitee, be available to the extent that such losses, claims, damages, liabilities, fines, penalties, costs or related expenses are determined by a court of competent jurisdiction by final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of such Indemnitee. In case any action or proceeding is brought against an Indemnitee by reason of any claim with respect to which such Indemnitee is entitled to indemnification hereunder, the Borrower shall be entitled, at its expense, to participate in the defense thereof; provided, that such Indemnitee has the right to retain its own counsel, at the Borrower’s expense, and such participation by the Borrower in the defense thereof shall not release the Borrower of any liability that it may have to such Indemnitee. Any Indemnitee against whom any indemnity claim contemplated in this Section 32 is made shall be entitled, after consultation with the Borrower and upon consultation with legal counsel wherein such Indemnitee is advised that such indemnity claim is meritorious, to compromise or settle any such indemnity claim. Any such compromise or settlement shall be binding upon the Borrower for purposes of this Section 32. Nothing herein shall be construed as a waiver of any legal immunity that may be available to any Indemnitee. To the extent permitted by applicable law, neither the Borrower nor the WIFIA Lender shall assert, and each of the Borrower and the WIFIA Lender hereby waives, any claim against any Indemnitee or the Borrower, respectively, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any of the other Related Documents, the other transactions contemplated hereby and thereby, the WIFIA Loan or the use Page 526 of 4167 55 of the proceeds thereof, provided, that nothing in this sentence shall limit the Borrower’s indemnity obligations to the extent such damages are included in any third party claim in connection with which an Indemnitee is entitled to indemnification hereunder. All amounts due to any Indemnitee under this Section 32 shall be payable promptly upon demand therefor. The obligations of the Borrower under this Section 32 shall survive the payment or prepayment in full or transfer of the WIFIA Bond, the enforcement of any provision of this Agreement or the other Related Documents, any amendments, waivers (other than amendments or waivers in writing with respect to this Section 32) or consents in respect hereof or thereof, any Event of Default, and any workout, restructuring or similar arrangement of the obligations of the Borrower hereunder or thereunder. Section 33. Sale of WIFIA Loan. The WIFIA Lender shall not sell the WIFIA Loan at any time prior to the Substantial Completion Date. After such date, the WIFIA Lender may sell the WIFIA Loan to another entity or reoffer the WIFIA Loan into the capital markets only in accordance with the provisions of this Section 33. Such sale or reoffering shall be on such terms as the WIFIA Lender shall deem advisable. However, in making such sale or reoffering the WIFIA Lender shall not change the terms and conditions of the WIFIA Loan without the prior written consent of the Borrower in accordance with Section 24 (Amendments and Waivers). The WIFIA Lender shall provide, at least sixty (60) days prior to any sale or reoffering of the WIFIA Loan, written notice to the Borrower of the WIFIA Lender’s intention to consummate such a sale or reoffering; provided, however, that no such notice shall be required during the continuation of any Event of Default. The provision of any notice pursuant to this Section 33 shall not (x) obligate the WIFIA Lender to sell nor (y) provide the Borrower with any rights or remedies in the event the WIFIA Lender, for any reason, does not sell the WIFIA Loan. Section 34. Effectiveness. This Agreement shall be effective on the Effective Date. Section 35. Termination. This Agreement shall terminate upon the irrevocable payment in full in immediately available funds by the Borrower of the WIFIA Loan Balance, together with all accrued interest, fees and expenses with respect thereto; provided, however, that the indemnification requirements of Section 32 (Indemnification), the reporting and record keeping requirements of Section 14(p) (Affirmative Covenants – Access; Records) and the payment requirements of Section 10 (Fees and Expenses) shall survive the termination of this Agreement as provided in such Sections. Section 36. Integration. This Agreement constitutes the entire contract between the parties relating to the subject matter hereof and supersedes any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Page 527 of 4167 Page 528 of 4167 Page 529 of 4167 Page 530 of 4167 Page 531 of 4167 Page 532 of 4167 SCHEDULE IV PROJECT DESCRIPTION The Project is the Englewood One Water Modernization Program – Water Utility System Project, which consists of a combination of sub-projects for the modernization of drinking water treatment and conveyance systems, the replacement of outdated electrical and control systems, the replacement of lead pipe, the modernization of metering processes, and the initiation of a water reuse program, located in or nearby Englewood, Colorado. The Project includes the following components: Allen Water Treatment Plant Reliability Improvements and Process Modernization: replacement of aging infrastructure, addition/improvement of chemical redundancy, installation of new facilities to address water aesthetics (including a new water softening system and improved raw water delivery systems), and incorporation of safety improvements. Pump Station Efficiency, Safety, and Controls Improvement: improvements at four remote pumping facilities to address aging assets, performance, operations efficiency, and safety issues. Electrical, Controls, and Instrumentation Modernization: replacement of aging parts of electrical supply and control systems and installation of remote monitoring and valve actuation. Lead Service Line Replacement: improvements for compliance with regulatory requirements, including improvements of sampling and notification, preparation of inventory, and replacement of lead service lines. Metering Modernization: conversion of the Borrower’s remaining flat rate, non-metered water services to meter services and replacement of certain commercial meters. Raw Water Augmentation: planning and evaluation of indirect potable water reuse, including assessing alternatives and options, reviewing water rights, identifying constructability restraints, reviewing environmental impact, evaluating permitting requirements, developing public outreach plan, and developing an implementation plan and schedule. Utilities Operations Complex: construction of a new building within the existing Utilities Operations Center and related works to address space limitations. Page 533 of 4167 Schedule 12(f)-1 SCHEDULE 12(f) LITIGATION NONE Page 534 of 4167 Schedule 12(n)-1 SCHEDULE 12(n) EXISTING CONSTRUCTION CONTRACTS NONE Page 535 of 4167 Schedule 12(p)-1 SCHEDULE 12(p) ENVIRONMENTAL MATTERS NONE Page 536 of 4167 A-1 EXHIBIT A FORM OF WIFIA BOND CITY OF ENGLEWOOD ENGLEWOOD ONE WATER MODERNIZATION PROGRAM – WATER UTILITY SYSTEM PROJECT (WIFIA ID – 20113CO) WIFIA REVENUE BOND Maximum Principal Amount: $38,416,490 (excluding the maximum amount of capitalized interest that has been authorized) Effective Date: May 26, 2022 Due: August 1, 2062 CITY OF ENGLEWOOD, a municipal corporation duly organized and operating as a home rule city under Article XX of the Constitution of the State of Colorado, acting by and through its Water Utility Enterprise (the “Borrower”), for value received, hereby promises to pay to the order of the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, acting by and through the Administrator of the United States Environmental Protection Agency, or its assigns (the “WIFIA Lender”), the lesser of (x) the Maximum Principal Amount set forth above and (y) the aggregate unpaid principal amount of all disbursements (the “Disbursements”) made by the WIFIA Lender (such lesser amount, together with any interest that is capitalized and added to principal in accordance with the provisions of the WIFIA Loan Agreement (as defined below) (such capitalized interest amount not to exceed $11,583,510), being hereinafter referred to as the “Outstanding Principal Sum”), together with accrued and unpaid interest (including, if applicable, interest at the Default Rate, as defined in the WIFIA Loan Agreement) on the Outstanding Principal Sum and all fees, costs and other amounts payable in connection therewith, all as more fully described in the WIFIA Loan Agreement. The principal hereof shall be payable in the manner and at the place provided in the WIFIA Loan Agreement in accordance with Exhibit F (WIFIA Debt Service) to the WIFIA Loan Agreement, as revised from time to time in accordance with the WIFIA Loan Agreement, until paid in full (which Exhibit F, as modified from time to time in accordance with the terms of the WIFIA Loan Agreement, is incorporated in and is a part of this WIFIA Bond). The WIFIA Lender is hereby authorized to modify the Loan Amortization Schedule included in Exhibit F to the WIFIA Loan Agreement from time to time in accordance with the terms of the WIFIA Loan Agreement to reflect the amount of each disbursement made thereunder and the date and amount of principal or interest paid by the Borrower thereunder. Absent manifest error, the WIFIA Lender’s determination of such matters as set forth on Exhibit F to the WIFIA Loan Agreement shall be conclusive evidence thereof; provided, however, that neither the failure to make any such recordation nor any error in such recordation shall affect in any manner the Borrower’s obligations hereunder or under any other WIFIA Loan Document. This WIFIA Bond is a Parity Lien Obligation (as such term is defined in the WIFIA Loan Agreement), and the Borrower has pledged, assigned and granted to the WIFIA Lender for its benefit, liens on the Pledged Property (as such term is defined in the WIFIA Loan Agreement) Page 537 of 4167 A-2 pursuant to the WIFIA Ordinance (as such term is defined in the WIFIA Loan Agreement). This WIFIA Bond is secured by the liens on the Pledged Property on parity with the Parity Lien Obligations and senior to all other Obligations (as such term is defined in the WIFIA Loan Agreement). Payments of WIFIA Debt Service (as such term is defined in the WIFIA Loan Agreement) hereon are to be made in accordance with Section 8(d) (Payment of Principal and Interest – Manner of Payment) and Section 31 (Notices) of the WIFIA Loan Agreement as the same become due. Principal of and interest on this WIFIA Bond shall be paid in immediately available funds on or before the due date and in any lawful coin or currency of the United States of America that at the date of payment is legal tender for the payment of public and private debts. This WIFIA Bond has been executed under and pursuant to that certain WIFIA Loan Agreement, dated as of the date hereof, between the WIFIA Lender and the Borrower (the “WIFIA Loan Agreement”) and is issued to evidence the obligation of the Borrower under the WIFIA Loan Agreement to repay the loan made by the WIFIA Lender and any other payments of any kind required to be paid by the Borrower under the WIFIA Loan Agreement or the other WIFIA Loan Documents referred to therein. Reference is made to the WIFIA Loan Agreement for all details relating to the Borrower’s obligations hereunder. All capitalized terms used in this WIFIA Bond and not defined herein shall have the meanings set forth in the WIFIA Loan Agreement. This WIFIA Bond may be prepaid at the option of the Borrower, without penalty or premium, (i) in full on any date on or after the Final Disbursement Date or (ii) in part on any Payment Date on or after the Final Disbursement Date (and, if in part, the amounts thereof to be prepaid shall be determined by the Borrower; provided, that such prepayment shall be in principal amounts of $1,000,000 or any integral multiple of $1.00 in excess thereof), in each case from time to time but not more than once annually in accordance with the WIFIA Loan Agreement. Any delay on the part of the WIFIA Lender in exercising any right hereunder shall not operate as a waiver of any such right, and any waiver granted with respect to one default shall not operate as a waiver in the event of any subsequent default. All acts, conditions and things required by the Constitution and laws of the State to happen, exist, and be performed precedent to and in the issuance of this WIFIA Bond have happened, exist and have been performed as so required. This WIFIA Bond is issued with the intent that the federal laws of the United States of America shall govern its construction to the extent such federal laws are applicable and the internal laws of the State shall govern its construction to the extent such federal laws are not applicable. Page 538 of 4167 A-3 IN WITNESS WHEREOF, CITY OF ENGLEWOOD has caused this WIFIA Bond to be executed in its name and its seal to be affixed hereto and attested by its duly authorized officer, all as of the Effective Date set forth above. (SEAL) CITY OF ENGLEWOOD, by its authorized representative By ______________________________ Name:____________________________ Title:_____________________________ ATTEST: _________________________ City Clerk Page 539 of 4167 A-4 (FORM OF ASSIGNMENT) FOR VALUE RECEIVED, the Undersigned hereby unconditionally sells, assigns and transfers unto (Please Insert Social Security or other identifying number of Assignee(s)): the within note and all rights thereunder. Dated: ________________ NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within note in every particular, without alteration or enlargement or any change whatever. Page 540 of 4167 B-1 EXHIBIT B ANTICIPATED WIFIA LOAN DISBURSEMENT SCHEDULE Federal Fiscal Year Amount 2022 $9,351,799.00 2023 $5,148,917.00 2024 $6,708,904.00 2025 $9,353,658.00 2026 $7,853,212.00 Total $38,416,490.00 Page 541 of 4167 C-1 EXHIBIT C FORM OF NON-DEBARMENT CERTIFICATE The undersigned, on behalf of CITY OF ENGLEWOOD, hereby certifies that CITY OF ENGLEWOOD has fully complied with its verification obligations under 2 C.F.R. § 180.320 and hereby further confirms, based on such verification, that, to its knowledge, the Borrower and its principals (as defined in 2 C.F.R. § 180.995 and supplemented by 2 C.F.R. 1532.995): (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency; (b) Have not within a three (3) year period preceding the Effective Date 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; (c) 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 (b) of this certification; and (d) Have not within a three (3) year period preceding the Effective Date had one or more public transactions (federal, state or local) terminated for cause or default. Dated: _________________ CITY OF ENGLEWOOD, by its authorized representative By: _______________________________________ Name: Title: Page 542 of 4167 D1-1 EXHIBIT D-1 REQUISITION PROCEDURES This Exhibit D-1 sets out the procedures which the Borrower agrees to follow in submitting Requisitions for any disbursement of the WIFIA Loan. The Borrower expressly agrees to the terms hereof, and further agrees that (i) the rights of the WIFIA Lender contained herein are in addition to (and not in lieu of) any other rights or remedies available to the WIFIA Lender under the WIFIA Loan Agreement, and (ii) nothing contained herein shall be construed to limit the rights of the WIFIA Lender to take actions including administrative enforcement action and actions for breach of contract against the Borrower if it fails to carry out its obligations under the WIFIA Loan Agreement during the term thereof. PART A. General Requirements. (a) Manner of Request: All requests by the Borrower for a Disbursement shall be made in writing by electronic submission to the WIFIA Lender, in accordance with Section 31 (Notices) of the WIFIA Loan Agreement. (b) Required Documentation: Any request by the Borrower should include the submission of: (i) a Requisition, in the form attached as Appendix One to this Exhibit D-1 (Form of Requisition), completed and executed by the Borrower’s Authorized Representative, and otherwise in form and substance satisfactory to the WIFIA Lender; and (ii) all Eligible Project Costs Documentation that has not otherwise been provided to the WIFIA Lender in accordance with Section 16 (Reporting Requirements) of the WIFIA Loan Agreement. (c) Timing: Any request for a Disbursement must be received by the WIFIA Lender and the Servicer (if any) at or before 5:00 P.M. (Eastern Time) on either: (i) the first (1st) Business Day of a calendar month in order to obtain the requested Disbursement by the fifteenth (15th) day of such calendar month; (ii) the fifteenth (15th) day of a calendar month, in order to obtain the requested Disbursement by the first (1st) day of the immediately following calendar month; provided, that, (x) if any such day is not a Business Day, the Disbursement request or payment (as the case may be) shall be made by the next succeeding Business Day; (y) the Borrower shall not request to receive more than one (1) Disbursement per month or every thirty (30) days (whichever is longer); and (z) no Disbursements shall be made after the Final Disbursement Date. Page 543 of 4167 D1-2 PART B. WIFIA Lender Review Process. (a) The WIFIA Lender shall review the Requisition and the Eligible Project Costs Documentation for compliance with WIFIA Disbursement requirements. (b) If a Requisition is approved by the WIFIA Lender, the WIFIA Lender will notify the Borrower of such approval and of the amount so approved. A Requisition containing an apparent mathematical error will be corrected by the WIFIA Lender, after telephonic or email notification to the Borrower, and will thereafter be treated as if submitted in the corrected amount. If the amount requested for Disbursement in the Requisition exceeds the available balance of the WIFIA Loan proceeds remaining to be disbursed, the Disbursement request will be treated as if submitted in the amount of the balance so remaining, and the WIFIA Lender will so notify the Borrower. (c) The WIFIA Lender shall be entitled to withhold approval (in whole or in part) of any pending or subsequent requests for the Disbursement of WIFIA Loan proceeds if: (i) a Default or an Event of Default shall have occurred and be continuing or (ii) the Borrower (1) knowingly takes any action, or omits to take any action, amounting to fraud or violation of any applicable law, in connection with the transactions contemplated hereby; (2) prevents or materially impairs the ability of the WIFIA Lender to monitor compliance by the Borrower with applicable law pertaining to the Project or with the terms and conditions of the WIFIA Loan Agreement; (3) fails to observe or comply with any applicable law, or any term or condition of the WIFIA Loan Agreement; (4) fails to satisfy the conditions set forth in Section 4 (Disbursement Conditions) and Section 11(b) (Conditions Precedent to Disbursements) of the WIFIA Loan Agreement; or (5) fails to deliver Eligible Project Costs Documentation satisfactory to the WIFIA Lender at the times and in the manner specified by the WIFIA Loan Agreement; provided, that in such case of sub-clause (5) above, the WIFIA Lender may, in its sole discretion, partially approve a Requisition in respect of any amounts for which adequate Eligible Project Costs Documentation has been provided and may, in its sole discretion, disburse in respect of such properly documented amounts. The WIFIA Lender will notify the Borrower of any withholding, and the reasons therefor. (d) A Requisition may be rejected in whole or in part by the WIFIA Lender if it is: (i) submitted without signature; (ii) submitted under signature of a Person other than a Borrower’s Authorized Representative; (iii) submitted after prior Disbursement of all proceeds of the WIFIA Loan; or (iv) submitted without adequate Eligible Project Costs Documentation. The WIFIA Lender will notify the Borrower of any Requisition so rejected, and the reasons therefor. Any Requisition rejected for the reasons specified under this paragraph (d) must be resubmitted in proper form in order to be considered for approval. Page 544 of 4167 Pa g e 5 4 5 o f 4 1 6 7 Pa g e 5 4 6 o f 4 1 6 7 D1-5 11. The Borrower has sufficient available funds committed to the Project, which together with funds that remain available and not yet drawn under the WIFIA Loan, will be sufficient to pay the reasonably anticipated remaining Total Project Costs. 12. The total federal assistance provided to the Project, including the maximum principal amount of the WIFIA Loan (excluding any interest that is capitalized in accordance with the terms hereof), does not exceed eighty percent (80%) of Total Project Costs. 13. The Borrower has all Governmental Approvals necessary as of the date hereof and as of the Disbursement Date (immediately after giving effect to the above-requested disbursement of WIFIA Loan proceeds), for the development, construction, operation and maintenance of the Project and each such Governmental Approval has been issued and is in full force and effect (and is not subject to any notice of violation, breach or revocation). 14. Each of the insurance policies obtained by the Borrower in satisfaction of Section 14(f) (Affirmative Covenants – Insurance) of the WIFIA Loan Agreement is in full force and effect, and no notice of termination thereof has been issued by the applicable insurance provider. 15. As of the date hereof and on the Disbursement Date (immediately after giving effect to the above-requested disbursement of WIFIA Loan proceeds), (i) no Default or Event of Default, (ii) no event of default under any other Related Document and no event that, with the giving of notice or the passage of time or both, would constitute an event of default under any Related Document, in each case, has occurred and is continuing, and (iii )no Material Adverse Effect, or any event or condition that could reasonably be expected to have a Material Adverse Effect, has occurred or arisen since the Effective Date. 16. (1) The Borrower, and each of its contractors and subcontractors at all tiers with respect to the Project, has complied with all applicable laws, rules, regulations and requirements, including without limitation 40 U.S.C. §§ 3141–3144, 3146, and 3147 (relating to Davis-Bacon Act requirements) (and regulations relating thereto) and 33 U.S.C. § 3914 (relating to American iron and steel products), and (2) supporting documentation, such as certified payroll records and certifications for all iron and steel products used for the Project, are being maintained and are available for review upon request by the WIFIA Lender. 17. The representations and warranties of the Borrower set forth in the WIFIA Loan Agreement and in each other Related Document are true and correct as of the date hereof and as of the Disbursement Date, except to the extent such representations and warranties expressly relate to an earlier date (in which case, such representations and warranties shall be true and correct as of such earlier date). 18. Each Parity Issuance Document that has been delivered by the Borrower to the WIFIA Lender pursuant to Section 11(b) (Conditions Precedent – Conditions Precedent to Disbursements) is complete, fully executed and in full force and effect. Pa g e 5 4 7 o f 4 1 6 7 Pa g e 5 4 8 o f 4 1 6 7 D1-7 Date: _______________________ CITY OF ENGLEWOOD, by its authorized representative By: _______________________________ Name: Title:___________________________ Pa g e 5 4 9 o f 4 1 6 7 D2-1 EXHIBIT D-2 CERTIFICATION OF ELIGIBLE PROJECT COSTS DOCUMENTATION [Date] United States Environmental Protection Agency9 1200 Pennsylvania Avenue NW WJC-W 6201A Washington, D.C. 20460 Attention: WIFIA Director Re: Englewood One Water Modernization Program – Water Utility System Project (WIFIA ID – 20113CO) Ladies and Gentlemen: Pursuant to Section 4 (Disbursement Conditions) of the WIFIA Loan Agreement, dated as of May 26, 2022 (the “WIFIA Loan Agreement”), by and between CITY OF ENGLEWOOD (the “Borrower”) and the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, acting by and through the Administrator (the “WIFIA Lender”), we hereby present this certificate in connection with the Borrower’s delivery of Eligible Project Costs Documentation to the WIFIA Lender. Capitalized terms used but not defined herein have the meaning set forth in the WIFIA Loan Agreement. The undersigned does hereby represent and certify the following: 1. This certificate is being delivered to the WIFIA Lender in connection with the Eligible Project Costs Documentation and is applicable to the period between [__________] and [__________]. 2. Documentation evidencing the Eligible Project Costs to be reimbursed to the Borrower is set forth [in the attachment hereto, which is in form satisfactory to the WIFIA Lender][below: 9 If there is a Servicer for the WIFIA Loan, provide a copy to the Servicer as well and include its notice details here. Pa g e 5 5 0 o f 4 1 6 7 Pa g e 5 5 1 o f 4 1 6 7 E-1 EXHIBIT E FORM OF NON-LOBBYING CERTIFICATE The undersigned, on behalf of CITY OF ENGLEWOOD, hereby certifies, 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 Borrower, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of the WIFIA Loan and the amendment or modification of the WIFIA Loan Agreement. (b) If any funds other than proceeds of the WIFIA Loan have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the WIFIA Loan, the Borrower shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (c) The Borrower shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Capitalized terms used in the certificate and not defined shall have the respective meanings ascribed to such terms in the WIFIA Loan Agreement, dated as of May 26, 2022 (the “WIFIA Loan Agreement”), by and between the United States Environmental Protection Agency, acting by and through the Administrator (the “WIFIA Lender”), and the Borrower, as the same may be amended from time to time. This certification is a material representation of fact upon which reliance was placed when the WIFIA Lender entered into the WIFIA Loan Agreement. Submission of this certification is a prerequisite to the effectiveness of the WIFIA Loan Agreement 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. Dated: _________________ CITY OF ENGLEWOOD, by its authorized representative By: _______________________________________ Name: Title: Page 552 of 4167 F-1 EXHIBIT F WIFIA DEBT SERVICE [ATTACHED] Page 553 of 4167 F-2 Page 554 of 4167 G-1-1 EXHIBIT G-1 OPINIONS REQUIRED FROM COUNSEL TO BORROWER An opinion of the counsel of the Borrower, dated as of the Effective Date, to the effect that: (a) the Borrower is a municipal corporation duly organized and operating as a home rule city under Article XX of the Constitution of the State of Colorado and the Charter of the City of Englewood; (b) the Borrower has all requisite power and authority to conduct its business and to execute and deliver, and to perform its obligations under the Related Documents to which it is a party; (c) the execution and delivery by the Borrower of, and the performance of its respective obligations under, the Related Documents to which it is a party, have been duly authorized by all necessary organizational or regulatory action; (d) the Borrower has duly executed and delivered each Related Document to which it is a party and each such Related Document constitutes the legal, valid and binding obligation of such party; enforceable against such party in accordance with their respective terms; (e) no authorization, consent, or other approval of, or registration, declaration or other filing with any Governmental Authority of the United States of America or of the State is required on the part of the Borrower for the execution and delivery by such party of, and the performance of such party under, any Related Document to which it is a party other than authorizations, consents, approvals, registrations, declarations and filings that have already been timely obtained or made by the Borrower; (f) the execution and delivery by the Borrower of, and compliance with the provisions of, the Related Documents to which it is a party in each case do not (i) violate the Organizational Documents of the Borrower, (ii) violate the law of the United States of America or of the State or (iii) conflict with or constitute a breach of or default under any material agreement or other instrument known to such counsel to which the Borrower is a party, or to the best of such counsel’s knowledge, after reasonable review, any court order, consent decree, statute, rule, regulation or any other law to which the Borrower is subject; (g) the Borrower is not an investment company required to register under the Investment Company Act of 1940, as amended; and (h) to our knowledge after due inquiry, there are no actions, suits, proceedings or investigations against the Borrower by or before any court, arbitrator or any other Governmental Authority in connection with the Related Documents or the Project that are pending. Page 555 of 4167 G-2-1 EXHIBIT G-2 OPINIONS REQUIRED FROM BOND COUNSEL An opinion of bond counsel, dated as of the Effective Date, to the effect that: (a) The Borrower is a municipal corporation duly organized and operating as a home rule city under Article XX of the Constitution of the State of Colorado and the Charter of the City of Englewood (the “Borrower Act”), with good right and power to issue the WIFIA Bond. (b) The Borrower has the right and power under the laws of the State, including the Borrower Act, to enter into the WIFIA Ordinance, the Related Documents and the WIFIA Bond, and each has been duly authorized, executed and delivered by the Borrower, is in full force and effect, and constitutes a legal, valid and binding agreement of the Borrower enforceable against the Borrower in accordance with its respective terms and conditions. (c) the WIFIA Bond is (i) secured by Liens on the Pledged Property pursuant to the WIFIA Ordinance, (ii) enforceable under the laws of the State without any further action by the Borrower or any other Person, and (iii) ranks pari passu in right of payment and right of security with all Parity Lien Obligations and is senior in right of payment and right of security to all Subordinate Lien Obligations; (d) the WIFIA Ordinance authorizes the execution and delivery of the WIFIA Loan Agreement, authorizes the issuance of the WIFIA Bond, irrespective of whether any party has notice of the pledge and without the need for any physical delivery, recordation, filing or further act, and pledges the Pledged Property for the benefit of the WIFIA Loan and all other Parity Lien Obligations; (e) all actions by the Borrower that are required for the application of Gross Revenues as required under the WIFIA Ordinance and under the WIFIA Loan Agreement have been duly and lawfully made; and (f) the Borrower has complied with the requirements of State law to lawfully pledge the Pledged Property and use the Gross Revenues as required by the terms of the WIFIA Ordinance and the WIFIA Loan Agreement. Page 556 of 4167 H-1 EXHIBIT H FORM OF CLOSING CERTIFICATE Reference is made to that certain WIFIA Loan Agreement, dated as of May 26, 2022 (the “WIFIA Loan Agreement”), by and among City of Englewood (the “Borrower”) and the United States Environmental Protection Agency, acting by and through the Administrator (the “WIFIA Lender”). Capitalized terms used in this certificate and not defined shall have the respective meanings ascribed to such terms in the WIFIA Loan Agreement. In connection with Section 11(a) (Conditions Precedent – Conditions Precedent to Effectiveness) of the WIFIA Loan Agreement, the undersigned, Othoniel Sierra, Mayor, as Borrower’s Authorized Representative, does hereby certify on behalf of the Borrower and not in his/her personal capacity, as of the date hereof: (a) pursuant to Section 11(a)(viii), attached hereto as Annex A is an incumbency certificate that lists all persons, together with their positions and specimen signatures, who are duly authorized by the Borrower to execute the Related Documents to which the Borrower is or will be a party, and who have been appointed as a Borrower’s Authorized Representative in accordance with Section 21 (Borrower’s Authorized Representative) of the WIFIA Loan Agreement; (b) pursuant to Section 11(a)(iii), the Borrower has delivered to the WIFIA Lender copies of each Existing Construction Contract, together with any amendments, waivers or modifications thereto, and each such document is complete, fully executed, and in full force and effect; (c) pursuant to Section 11(a)(iv), the Borrower has delivered to the WIFIA Lender a copy of the Borrower’s Organizational Documents, as in effect on the Effective Date (and certified by the Secretary of State of the State, to the extent applicable), which Organizational Documents are in full force and effect. Other than the WIFIA Ordinance, there are no additional instruments or documents necessary for the Borrower to execute and deliver, or to perform its obligations under, the WIFIA Loan Documents to which it is a party and to consummate and implement the transactions contemplated by the WIFIA Loan Documents; (d) pursuant to Section 11(a)(viii)(1), the aggregate of all funds committed to the development and construction of the Project as set forth in the Base Case Financial Model and in the Project Budget are sufficient to carry out the Project, pay all Total Project Costs anticipated for the Project and achieve Substantial Completion by the Projected Substantial Completion Date; (e) pursuant to Section 11(a)(viii)(2), the Borrower has obtained all Governmental Approvals necessary (i) as of the Effective Date in connection with the Project and (ii) to execute and deliver, and perform its obligations under the WIFIA Loan Documents, and each such Governmental Approval is final, non-appealable and in Page 557 of 4167 H-2 full force and effect (and is not subject to any notice of violation, breach or revocation); (f) pursuant to Section 11(a)(viii)(3), (i) the maximum principal amount of the WIFIA Loan (excluding any interest that is capitalized in accordance with the terms hereof), together with the amount of any other credit assistance provided under the Act to the Borrower, does not exceed forty-nine percent (49%) of reasonably anticipated Eligible Project Costs and (ii) the total federal assistance provided to the Project, including the maximum principal amount of the WIFIA Loan (excluding any interest that is capitalized in accordance with the terms hereof), does not exceed eighty percent (80%) of Total Project Costs; (g) pursuant to Section 11(a)(viii)(4), the Borrower is in compliance with NEPA and any applicable federal, state or local environmental review and approval requirements with respect to the Project, and, if requested by the WIFIA Lender, has provided evidence satisfactory to the WIFIA Lender of such compliance; (h) pursuant to Section 11(a)(viii)(5), the Borrower has developed, and identified adequate Gross Revenues to implement, a plan for operating, maintaining and repairing the Project during its useful life; (i) pursuant to Section 11(a)(viii)(6), (i) the Borrower’s Federal Employer Identification Number is 84-6000583 (as evidenced by a signed W-9), (ii) the Borrower’s Data Universal Numbering System number is 075750133, and (iii) the Borrower has registered with, and obtained confirmation of active registration status from, the federal System for Award Management (www.SAM.gov), which confirmation is attached hereto as Annex B; (j) pursuant to Section 11(a)(viii)(7), the CUSIP number for the WIFIA Loan is 293128AA2; (k) pursuant to Section 11(a)(viii)(8), the representations and warranties of the Borrower set forth in the WIFIA Loan Agreement and in each other Related Document to which the Borrower is a party are true and correct on and as of the date hereof, except to the extent that such representations and warranties expressly relate to an earlier date, in which case such representations and warranties were true and correct as of such earlier date; (l) pursuant to Section 11(a)(viii)(9), no Material Adverse Effect, or any event or condition that could reasonably be expected to have a Material Adverse Effect, has occurred or arisen since September 22, 2021; (m) pursuant to Section 11(a)(ix), no rating letter relating to the Parity Lien Obligations then Outstanding and any Parity Lien Obligations proposed to be issued for the Project (including the WIFIA Loan) delivered to the WIFIA Lender pursuant to such Section 11(a)(ix) has been reduced, withdrawn or suspended as of the Effective Date; and Page 558 of 4167 H-3 (n) pursuant to Section 11(a)(x), the Borrower has delivered to the WIFIA Lender the Base Case Financial Model, which (i) demonstrates that projected Gross Revenues are sufficient to meet the Loan Amortization Schedule, (ii) demonstrates compliance with the Rate Covenant for each Borrower Fiscal Year through the Final Maturity Date, (iii) reflects principal amortization and interest payment schedules acceptable to the WIFIA Lender, (iv) demonstrates that the Borrower has developed, and identified adequate revenues to implement, a plan for operating, maintaining and repairing the Project over its useful life, and (v) otherwise meets the requirements of such Section 11(a)(x). IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date first mentioned above. CITY OF ENGLEWOOD, by its authorized representative By: _______________________________ Name: Title: Page 559 of 4167 H-4 ANNEX A TO EXHIBIT H INCUMBENCY CERTIFICATE The undersigned certifies that he/she is the [City Clerk] of City of Englewood a municipal corporation (the “Borrower”), and as such he/she is authorized to execute this certificate and further certifies that the following persons have been elected or appointed, are qualified, and are now acting as officers or authorized persons of the Borrower in the capacity or capacities indicated below, and that the signatures set forth opposite their respective names are their true and genuine signatures. He/She further certifies that any of the officers listed below is authorized to sign agreements and give written instructions with regard to any matters pertaining to the WIFIA Loan Documents as the Borrower’s Authorized Representative (each as defined in that certain WIFIA Loan Agreement, dated as of the date hereof, between the Borrower and the United States Environmental Protection Agency, acting by and through the Administrator): Name Title Signature [_______________] [___________________] ________________________ [_______________] [___________________] ________________________ [_______________] [___________________] ________________________ [_______________] [___________________] ________________________ [_______________] [___________________] ________________________ IN WITNESS WHEREOF, the undersigned has executed this certificate as of this 26th day of May, 2022. CITY OF ENGLEWOOD, by its authorized representative By: _______________________________ Name: Title: Page 560 of 4167 I-1 EXHIBIT I FORM OF CERTIFICATE OF SUBSTANTIAL COMPLETION [Letterhead of Borrower] [Date] WIFIA Program Office [Insert Proper Address] Attention: Administrator Project: Englewood One Water Modernization Program – Water Utility System Project (WIFIA ID – 20113CO) Dear Director: This Notice is provided pursuant to Section 16(a)(i)(A) (Affirmative Covenants – Notice – Substantial Completion) of that certain WIFIA Loan Agreement (the “WIFIA Loan Agreement”), dated as of May 26, 2022, by and between City of Englewood (the “Borrower”) and the United States Environmental Protection Agency, acting by and through its Administrator (the “WIFIA Lender”). Unless otherwise defined herein, all capitalized terms in this Notice have the meanings assigned to those terms in the WIFIA Loan Agreement. I, the undersigned, in my capacity as the Borrower’s Authorized Representative and not in my individual capacity, do hereby certify to the WIFIA Lender that: (a) on [insert date Substantial Completion requirements were satisfied], the Project satisfied each of the requirements for Substantial Completion set forth in the [Insert reference to the concession agreement, design-build or similar agreement for the Project]; (b) Substantial Completion has been declared under each of the above-referenced agreements and copies of the notices of Substantial Completion under such agreements are attached to this certification; and (c) Substantial Completion, as defined in the WIFIA Loan Agreement, has been achieved. CITY OF ENGLEWOOD, by its authorized representative By: _______________________________ Name: Title: Page 561 of 4167 J-1 EXHIBIT J FORM OF QUARTERLY REPORT United States Environmental Protection Agency WIFIA Director WJC-W 6201A 1200 Pennsylvania Avenue NW Washington, DC 20460 WIFIA_Portfolio@epa.gov Re: Englewood One Water Modernization Program – Water Utility System Project (WIFIA ID – 20113CO) This Quarterly Report for the period of [insert relevant quarterly period] is provided pursuant to Section 16(d) (Reporting Requirements – Construction Reporting) of the WIFIA Loan Agreement, dated as of May 26, 2022 (the “WIFIA Loan Agreement”), by and between the City of Englewood (the “Borrower”) and the United States Environmental Protection Agency, acting by and through the Administrator of the Environmental Protection Agency (the “WIFIA Lender”). Unless otherwise defined herein, all capitalized terms in this Quarterly Report have the meanings assigned to those terms in the WIFIA Loan Agreement. (i) Project Status. Provide a narrative summary of the Project’s construction progress since the last quarterly reporting period, including project components where appropriate. Complete the table in Appendix A to update the Project scope, schedule, and costs with the latest information. Current projection of Substantial Completion Date: _____________________________ If the current projection for the substantial completion date is later than previously reported in the prior Quarterly Report, provide a description in reasonable detail for such projected delay: (ii) Material Problems (if any) Note any problems encountered or anticipated during the construction of the Project during the preceding quarter that (1) impedes project completion within the scope, costs, and schedule outlined in the WIFIA Loan Agreement or (2) relates to unforeseen complications in connection with the construction of the Project. This may include commissioning/start-up issues, constructability issues for the project as planned, adverse impacts to project surroundings, change in or issues with meeting environmental compliance requirements, and unanticipated or abnormal permit approval timelines. Include an assessment of the impact and any current plans to address the problems. Page 562 of 4167 J-2 (iii) Other matters related to the Project Date: _______________________ CITY OF ENGLEWOOD, by its authorized representative or agent By: _______________________________ Name: _____________________________ Title:_______________________________ Page 563 of 4167 Pa g e 5 6 4 o f 4 1 6 7 K-1 EXHIBIT K FORM OF PUBLIC BENEFITS REPORT Pursuant to Section 11(a)(xi) and Section 16(e) of the WIFIA Loan Agreement, the City of Englewood (the “Borrower”) is providing this Public Benefits Report in connection with the Englewood One Water Modernization Program – Water Utility System Project (WIFIA ID – 20113CO). Capitalized terms used in this certificate and not defined shall have the respective meanings ascribed to such terms in the WIFIA Loan Agreement dated as of the date hereof (the “WIFIA Loan Agreement”), between the Borrower and the United States Environmental Protection Agency, acting by and through the Administrator. Reporting Period: [Prior to the Effective Date][within ninety (90) days following the Substantial Completion Date][within ninety (90) days following the fifth (5th) anniversary of the Substantial Completion Date] (i) The number of total jobs and direct jobs projected to be created by the Project during the period between the Effective Date and the Substantial Completion Date: WIFIA projects that the Project will create [__] total jobs, of which the Borrower projects [__] will be direct jobs. (ii) Indicate (yes or no) whether the Project will assist the Borrower in complying with applicable regulatory requirements, and if yes, describe how the project assists with regulatory compliance: Yes ☐ If yes, additional description: [___] No ☐ (iii) The Project will assist the Borrower with the following environmental measure: The amount by which the Project will provide new, expanded, more reliable, or more resilient drinking water (measured in MGD capacity at Substantial Completion): 28 MGD (capacity of Allen WTP) Number of lead service line replaced by the Project (measured in count at Substantial Completion): 4,000 Page 565 of 4167 WIFIA Water Loan Agreement 2nd Amendment Presented By Englewood Utilities and South Platte Renew Director, Pieter Van Ry Utilities Deputy Director –Business Solutions and Engineering, Sarah Stone Pa g e 5 6 6 o f 4 1 6 7 Background •$60.5M in Water Infrastructure Financing and Innovation Act (WIFIA) loans •Closed Sewer Fund on April 26, 2022 •Closed Water Fund on May 26, 2022 •Water Fund Loan Agreement •Loan Amount: $38,416,490 •Eight Work Packages •Substantial Completion December 30, 2027 “I applaud the City of Englewood for investing in clean water infrastructure to protect residents and save the city money,”said Senator Michael Bennet.“This will help Englewood cover the cost of efforts to safeguard water infrastructure and reduce the community’s exposure to lead in drinking water.”Pa g e 5 6 7 o f 4 1 6 7 Proposed Water Loan Amendment •Update Project Description •Add Denver Water Interconnect •Project Budget Estimate -$3.0 M •Update Development Default Date •December 30, 2029 •Water and Sewer Board recommended City Council approval during its February 11, 2025, meeting. Pa g e 5 6 8 o f 4 1 6 7 Questions? Pa g e 5 6 9 o f 4 1 6 7 Thank you Pa g e 5 7 0 o f 4 1 6 7 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tim Hoos DEPARTMENT: Public Works DATE: February 18, 2025 SUBJECT: CB 12 - Staff requests Council approval of a second amendment to the IGA with CDOT for the US-285 & S. Broadway Interchange Project DESCRIPTION: Approval of a second amendment to the IGA with CDOT for the US-285 & S. Broadway Interchange Project. This second amendment reduces the amount of federal and state funding to the amount spent on design only and terminates the agreement due to lack of adequate funding available for construction. RECOMMENDATION: Staff recommends that Council approve an Ordinance to Amend the Intergovernmental Agreement (IGA) with the Colorado Department of Transportation for the US 285 & Broadway Interchange Reconstruction Project to reduce the amount of funding to the amount required for the completed design only. PREVIOUS COUNCIL ACTION: The city signed a letter of support, dated February 19, 2019, committing $1.1M for the local match of the total $9.5M anticipated project cost. On May 18, 2020, Council passed Council Bill No. 18 (Ordinance No. 20, Series of 2020) to approve the associated Intergovernmental Agreement between the City and CDOT which defines the terms for utilizing the federal funds awarded for this project. On October 19, 2020, Council approved the award of a contract to Atkins North America, Inc. to design the US-285 & S Broadway Interchange Reconstruction Project . On July 26, 2021, Council provided staff with direction on certain aesthetic characteristics of the project. On January 18, 2022, Council approved an IGA to assign maintenance obligations for the proposed infrastructure. On February 22, 2022, Council approved a resolution amending appropriations in the City's 2022 Budget. Page 571 of 4167 On July 22, 2024, Council provided staff with direction to terminate the project due to lack of available construction budget. SUMMARY: The City was awarded a federal grant to reconstruct the US-285 and South Broadway Interchange through the Denver Regional Council of Governments (DRCOG) Transportation Improvement Program (TIP) in 2019 in the amount of $7.6 million. In order to receive the federal grant money, the City was required to commit to a local match of 20% of the total project cost. The local match was met through a $1.1 million commitment from the City and an $800,000 commitment of state funds from the Colorado Department of Transportation (CDOT). As detailed design progressed on the project it became apparent that additional funding would be required for construction. Supplemental amounts of $3.3 million from the City and $2.2 million from CDOT were added to the project. The construction plans were completed and construction bids were solicited in July 2022. The low bid for construction came in at just over $17 million which was $4 million over the total budget available for construction. With construction management fees required to meet CDOT documentation requirements estimated to be an additional $3 million that left the project budget short by a total of $7 million. Approval of this Ordinance will reduce the amount of grant funding to the amount spent on the design and terminate the IGA with CDOT. ANALYSIS: Future grant funding to fully fund construction of the US-285 & S Broadway Interchange Reconstruction Project will be pursued during the next Denver Regional Council of Governments (DRCOG ) Transportation Improvement Program (TIP) funding cycle expected in 2026. The project is an important infrastructure upgrade to be constructed in the future when adequate funding can be obtained. The US-285 & S Broadway Interchange Reconstruction Project is intended to give the City the opportunity to improve cross-sectional elements on the South Broadway bridge over US-285. Such improvements would include: an improved pedestrian and bicycle experience through wider sidewalks and a buffer zone between pedestrian and vehicle traffic, improved aesthetics on a keynote piece of infrastructure in the downtown district, and narrower lanes promoting safer driving as traffic enters the pedestrian dense downtown district. Furthermore, this project would significantly relieve congestion on US-285 by adding an additional through lane in each direction under the bridge, reducing commute times for Englewood residents and improving regional access to Englewood's downtown district. Another design feature would involve changes to the US-285 and S Sherman St. intersection. Those changes would include the removal of the traffic signal and modify access to US-285 from S Sherman St. After the bids were received and the extent of the budget shortfall was discovered, several potential alternative funding sources to construct the project were explored without success including current additional DRCOG funding opportunities, additional CDOT funding, State bridge replacement funding and City Public Improvement Fund (PIF) funding. Given the drastic budget shortfall, staff recommends that the remaining grant funding be returned to the DRCOG TIP funding pool and reapplied for at a later date in an amount sufficient to construct and manage construction of the project. The completed construction plans will help to show the project is shovel ready for a future grant funding application and can be used to re-bid the Page 572 of 4167 project at a later date once adequate grant funding can be awarded to the project. The designated CDOT funding would also be released with close out of the current project. COUNCIL ACTION REQUESTED: Approval of an Ordinance to Amend the Intergovernmental Agreement (IGA) with the Colorado Department of Transportation for the US 285 & Broadway Interchange Reconstruction Project to reduce the amount of funding to the amount required for the completed design only and terminate the agreement. FINANCIAL IMPLICATIONS: $6.37 million in Federal grant funding will be returned to the DRCOG TIP funding pool upon approval of this Ordinance. An additional $3.0 million will be returned to CDOT and the $4.4 million the City committed to the project will be returned to the Public Improvement Fund balance to be allocated to other projects. CONNECTION TO STRATEGIC PLAN: Infrastructure: A city that proactively, and in a cost effective manner, invests in, maintains, and plans to protect its infrastructure. OUTREACH/COMMUNICATIONS: Notice of the project's proposed termination has been placed on the Englewood Engaged project page. ATTACHMENTS: Ordinance IGA Amendment No. 2 IGA Amendment No. 1 Original IGA Page 573 of 4167 1 ORDINANCE NO. COUNCIL BILL NO. 12 SERIES OF 2025 INTRODUCED BY COUNCIL MEMBER _________________ A BILL FOR AN ORDINANCE AUTHORIZING A SECOND AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF COLORADO, ACTING BY AND THROUGH THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT), AND THE CITY OF ENGLEWOOD, COLORADO, TO TERMINATE THE RECONSTRUCTION OF THE BROADWAY/US 285 INTERCHANGE PROJECT #STU 2854-145 (23553) WHEREAS, on May 18, 2020, the Englewood City Council approved Ordinance No. 20, Series 2020, authorizing an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) for the reconstruction of the Broadway/US 285 Interchange Project; and WHEREAS, the parties now desire to terminate the IGA and adjust the maximum amount of the agreement from $11,800,000.00 to $1,538,395.00, reflecting the actual costs incurred for the project; and WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, as well as Part 2, Article 1, Title 29, C.R.S., encourages and authorizes intergovernmental agreements to promote efficient government collaboration; and WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S., empower governments to cooperate and contract with one another to provide functions, services, or facilities they are lawfully authorized to perform. 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 the Second Amendment to the Intergovernmental Agreement entitled Reconstruction of the Broadway US 285 Interchanges # STU 2854-145 (23553) a copy of which is attached hereto in the form substantially the same as that attached hereto. Section 2. General Provisions 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 Page 574 of 4167 2 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. 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. E. Publication. Publication of this Ordinance may be by reference or in full 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. Manuals, Municipal Code, contracts, and other documents approved by reference in any Council Bill may be published by reference or in full on the City’s official website; such documents shall be available at the City Clerk’s office and in the City Council meeting agenda packet when the legislation was adopted. 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 may be necessary to implement the provisions of this Ordinance. 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. Page 575 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044-M0003 Additional PO Reference: 400001350, 400001763 Document Builder Generated Rev. 12/09/2016 Page 1 of 2 STATE OF COLORADO AMENDMENT Amendment #: 2 Project #: STU 2854-145 (23553) SIGNATURE AND COVER PAGE State Agency Department of Transportation Amendment Routing Number 20-HA1-XC-03044-M0003 Local Agency CITY OF ENGLEWOOD Original Agreement Routing Number 20-HA1-XC-03044 Agreement Maximum Amount $1,538,395.00 Agreement Performance Beginning Date June 24, 2020 Agreement expiration date The earlier of the Amendment Effective Date or March 24, 2030 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director ___________________________________________ KKeith Stefanik, P.E., Chief Engineer Date: _________________________ In accordance with §24-30-202 C.R.S., this Amendment 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 Amendment Effective Date:_____________________ LOCAL AGENCY CITY OF ENGLEWOOD By:________________________________________________ *Signature Name:______________________________________________ (Print Name) Title:_______________________________________________ (Print Title) Date:____________________________________________ SECOND LOCAL AGENCY SIGNATURE, IF NEEDED CITY OF ENGLEWOOD By:________________________________________________ *Signature Name:______________________________________________ (Print Name) Title:_______________________________________________ (Print Title) Date:____________________________________________ Page 576 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044-M0003 Additional PO Reference: 400001350, 400001763 Document Builder Generated Rev. 12/09/2016 Page 2 of 2 1)PARTIES This Amendment (the “Amendment”) to the original agreement shown on the Signature and Cover Page for this Amendment (the “Agreement”) is entered into by and between the Local Agency and the State. 2)TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Agreement shall be construed and interpreted in accordance with the Agreement. 3)EFFECTIVE DATE AND ENFORCEABILITY A.Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay the Local Agency for any Work performed or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this Amendment B.Amendment Term The Parties’ respective performances under this Amendment and the changes to the Agreement contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Agreement. 4)PURPOSE The parties entered into the Agreement for the Reconstruction of Broadway/US-285 Interchange. Now the parties wish to terminate the Agreement. 5)MODIFICATIONS a)The Agreement was executed on June 24, 2020 to fund the above purpose. The parties now request to terminate the Agreement. Pursuant to the request, the Agreement is now terminated. b)Decrease Agreement Maximum Amount from $11,800,000.00 to $1,538,395.00 reflecting actual costs spent on the project. c)Exhibit C-3 is replaced by the attached Exhibit C-4. Any reference in the Agreement to a previous Exhibit C shall be a reference to Exhibit C-4. 6)LIMITS OF EFFECT This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically modifies those Special Provisions. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 577 of 4167 Federal $ State $ LA Work (1 SA) EXHIBIT C-4 - FUNDING PROVISIONS A.City of Englewood - STU 2854-145 (23553) Cost of Work Estimate The Local Agency has estimated the total cost the Work to be $1,538,395.00, which is to be funded as follows:1.FUNDING a.Federal Funds (80% of STBG Award) $1,230,716.00 b.Local Agency Funds (20% of STBG Award) $307,679.00 ____________________________________________________________________________________ TOTAL FUNDS ALL SOURCES $1,538,395.00 ____________________________________________________________________________________ 2.OMB UNIFORM GUIDANCE a.Federal Award Identification Number (FAIN): TBD b.Name of Federal Awarding Agency: FHWA c.Local Agency Unique Entity Identifier M9SHLFLLK295 d.Assistance Listing # Highway Planning and Construction ALN 20.205 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): $1,230,716.00 ____________________________________________________________________________________ 3. ESTIMATED PAYMENT TO LOCAL AGENCY a.Federal Funds Budgeted $1,230,716.00 b.State Funds Budgeted $0.00 c. Less Estimated Federal Share of CDOT-Incurred Costs $0.00 ____________________________________________________________________________________ TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 80% $1,230,716.00 TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 20% $307,679.00 TOTAL PROJECT ESTIMATED FUNDING 100.00% $1,538,395.00 ________________________________________________________________________________ 4.FOR CDOT ENCUMBRANCE PURPOSES a.Total Encumbrance Amount (Federal, State + Local Agency Funds) $1,538,395.00 b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 ____________________________________________________________________________________ NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $1,538,395.00 ________________________________________________________________________________________________________________________________________________________________________ WBS Element 23553.10.30 Performance Period Start*/End Date Design 3020 $1,538,395.00 10/29/2020- 12/31/2024 ____________________________________________________________________________________ *The Local Agency should not begin work until all three (3) of the following are in place: 1) Phase Performance Period Start Date; 2) the execution of the document encumbering funds for the respective phase; and 3) Local Agency receipt of the official Notice to Proceed. Any work performed before these three (3) milestones are achieved will not be reimbursable. B.Funding Ratios The funding ratio for the federal funds for this Work is 80% federal funds to 20% Local Agency funds, and this ratio applies only to the $1,538,395.00 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 $1,538,395.00, 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 $1,538,395.00, then the Exhibit C-4 - Page 1 of 2 Page 578 of 4167 Exhibit C-4 - Page 2 of 2 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 $1,230,716.00. For CDOT accounting purposes, the federal funds of $1,230,716.00 and the Local Agency funds of $307,679.00 will be encumbered for a total encumbrance of $1,538,395.00, unless this amount is increased by an executed amendment before any increased cost is incurred. The total budget of this project is $1,538,395.00, 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 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. 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 579 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044-M0002 Additional PO Reference: 400001350 Document Builder Generated Rev. 12/09/2016 Page 1 of 2 STATE OF COLORADO AMENDMENT Amendment #: 1 Project #: STU 2854-145 (23553) SIGNATURE AND COVER PAGE State Agency Department of Transportation Amendment Routing Number 20-HA1-XC-03044-M0002 Local Agency CITY OF ENGLEWOOD Original Agreement Routing Number 20-HA1-XC-03044 Agreement Maximum Amount $11,800,000.00 Agreement Performance Beginning Date The later of the effective date or June 24, 2020 Initial Agreement expiration date March 24, 2030 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director Stephen Harelson, P.E., Chief Engineer Date: LOCAL AGENCY CITY OF ENGLEWOOD Signature By: (Print Name and Title) Date: LOCAL AGENCY (2nd Signature if Necessary) Signature By: (Print Name and Title) Date: In accordance with §24-30-202 C.R.S., this Amendment 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: Othoniel Sierra, Mayor Stephanie Carlile, City Clerk DocuSign Envelope ID: 59ADDECC-8762-446B-ACE6-601E717357DE 5/27/2022 5/27/2022 5/31/2022 6/1/2022 Page 580 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044-M0002 Additional PO Reference: 400001350 Document Builder Generated Rev. 12/09/2016 Page 2 of 2 1)PARTIES This Amendment (the “Amendment”) to the Original Agreement shown on the Signature and Cover Page for this Amendment (the “Agreement”) is entered into by and between the Local Agency and the State. 2)TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Agreement shall be construed and interpreted in accordance with the Agreement. 3)EFFECTIVE DATE AND ENFORCEABILITY A.Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay the Local Agency for any Work performed or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this Amendment B.Amendment Term The Parties’ respective performances under this Amendment and the changes to the Agreement contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Agreement. 4)PURPOSE The parties entered into a contract June 24, 2020, for the reconstruction of interchange US-285 and South Broadway in Englewood, CO. Now the parties agree to amend the contract total amount by increasing the total budgeted funds and updating the funding provisions. 5)MODIFICATIONS 1.) Increase the total budgeted amount by $2,300,000.00 from $9,500,000.00 to a new total budget amount of $11,800,000.00. 2.) Add RPP Funds with the Federal portion of the RPP funds at $1,840,000.00 and the State portion of RPP funds at $460,000.00 for a total RPP Funds of $2,300,000.00. 3.) Replace Exhibit C-1 in its entirety with Exhibit C-2. 6)LIMITS OF EFFECT This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically modifies those Special Provisions. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK DocuSign Envelope ID: 59ADDECC-8762-446B-ACE6-601E717357DE Page 581 of 4167 Exhibit C-2 - Page 1 of 2 EXHIBIT C-2 - FUNDING PROVISIONS City of Englewood; Project #: STU 2854-145 (23553) A. Cost of Work Estimate The Local Agency has estimated the total budgeted amount to be $11,800,000.00, which is to be funded as follows: 1. BUDGETED FUNDS a. Federal Funds (80.00% of Award) $7,600,000.00 b. Local Agency Matching Funds (11.58% of Award) $1,100,000.00 c. State Matching Funds (8.42% of Award) $800,000.00 d. Federal RPP Funds (80.00% of Award) $1,840,000.00 e. State RPP Funds (20.00% of Award) $460,000.00 TOTAL BUDGETED FUNDS $11,800,000.00 2. OMB UNIFORM GUIDANCE a. Federal Award Identification Number (FAIN): TBD b. Name of Federal Awarding Agency: FHWA c. CFDA # Highway Planning and Construction CFDA 20.205 d. Is the Award for R&D? No e. Indirect Cost Rate (if applicable) N/A 3. ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted $9,440,000.00 b. State Funds Budgeted $1,260,000.00 b. Less Estimated Federal Share of CDOT-Incurred Costs $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $10,700,000.00 4. FOR CDOT ENCUMBRANCE PURPOSES a. Total Encumbrance Amount $11,800,000.00 b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $11,800,000.00 Note: Only $1,900,000.00 in Design funds are currently available. Additional Design and Construction funds will be added when they become available by either an option letter or formal amendment. WBS Element 23553.10.30 Performance Period Start*/End Date Design 3020 $1,900,000.00 10/29/2020 / 10/31/2023 WBS Element 23553.20.10 Performance Period Start*/End Date Const. 3301 $0.00 TBD – TBD DocuSign Envelope ID: 59ADDECC-8762-446B-ACE6-601E717357DE Page 582 of 4167 Exhibit C-2 - Page 2 of 2 *The Local Agency should not begin work until all three (3) of the following are in place: 1) Phase Performance Period Start Date; 2) the execution of the document encumbering funds for the respective phase; and 3) Local Agency receipt of the official Notice to Proceed. Any work performed before these three (3) milestones are achieved will not be reimbursable. B. Matching Funds The matching ratio for the federal funds for this Work is 80.00% federal funds to 11.58% Local Agency funds to 8.42% State Funds and this ratio applies only to the $9,500,000.00 that is eligible for federal funding. The RPP Funds of $2,300,000.00 will have a matching ratio of 80.00% Federal Funds to 20.00% State Funds. All non-participating costs are borne by the Local Agency at 100%. If the total cost of performance of the Work exceeds $11,800,000.00, and additional federal funds are made available for the Work, the Local Agency shall pay 11.58% of all such costs eligible for federal funding and 100% of all non-participating costs. If additional federal funds are not made available, the Local Agency shall pay all such excess costs. If the total participating cost of performance of the Work is less than $11,800,000.00, then the amounts of Local Agency, state and federal funds will be decreased in accordance with the funding ratio described herein. 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 $10,700,000.00. For CDOT accounting purposes, the federal funds of $7,600,000.00, Local Agency Matching funds of $1,100,000.00, State Matching Funds of $800,000.00, and $2,300,000.00 in RPP funds will be encumbered for a total encumbrance of $11,800,000.00, unless this amount is increased by an appropriate written modification to the Agreement 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 Amendment, 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 federal funds, state funds, and the Local Agency matching 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. 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. DocuSign Envelope ID: 59ADDECC-8762-446B-ACE6-601E717357DE Page 583 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 1 of 25 STATE OF COLORADO INTERGOVERNMENTAL AGREEMENT Signature and Cover Page State Agency Department of Transportation Agreement Routing Number 20-HA1-XC-03044 Local Agency City of Englewood Agreement Effective Date The later of the effective date or March 25, 2020 Agreement Description Reconstruction of Broadway/US 285 Interchange Agreement Expiration Date March 24, 2030 Project # STU 2854- 145 (23553) Region # 1 Contract Writer JH Agreement Maximum Amount $9,500,000.00 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 ___________________________________________ Stephen Harelson, 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:_____________________ DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 MayorLinda Olson 6/22/2020 City ClerkStephanie Carlile 6/22/2020 6/22/2020 N/A 6/24/2020 Page 584 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 2 of 25 TABLE OF CONTENTS 1. PARTIES ................................................................................................................................................. 2 2. TERM AND EFFECTIVE DATE ........................................................................................................... 2 3. AUTHORITY .......................................................................................................................................... 3 4. PURPOSE ............................................................................................................................................... 3 5. DEFINITIONS ........................................................................................................................................ 4 6. STATEMENT OF WORK ...................................................................................................................... 6 7. PAYMENTS ........................................................................................................................................... 9 8. REPORTING - NOTIFICATION ......................................................................................................... 13 9. LOCAL AGENCY RECORDS ............................................................................................................. 14 10. CONFIDENTIAL INFORMATION-STATE RECORDS .................................................................... 15 11. CONFLICTS OF INTEREST ............................................................................................................... 15 12. INSURANCE ........................................................................................................................................ 16 13. BREACH ............................................................................................................................................... 17 14. REMEDIES ........................................................................................................................................... 18 15. DISPUTE RESOLUTION ..................................................................................................................... 19 16. NOTICES AND REPRESENTATIVES ............................................................................................... 19 17. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ...................................................... 20 18. GOVERNMENTAL IMMUNITY ........................................................................................................ 21 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM ................................................................... 21 20. GENERAL PROVISIONS .................................................................................................................... 21 21. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 23 22. FEDERAL REQUIREMENTS ............................................................................................................. 25 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ..................................................................... 25 24. DISPUTES ............................................................................................................................................ 25 EXHIBIT A, STATEMENT OF WORK EXHIBIT B, SAMPLE OPTION LETTER EXHIBIT C, FUNDING PROVISIONS 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 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 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; 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 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 585 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 3 of 25 End Date, as shown in Exhibit C. B. Initial Term 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 the date of notice of CDOT final acceptance (“Agreement Expiration Date”) shown on the Signature and Cover Page for this Agreement, unless sooner terminated or further extended in accordance with the terms of this Agreement. 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, 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 of such termination 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. 3. AUTHORITY 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”). 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 Pr ogram, 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. DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 586 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 4 of 25 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. “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. D. “Budget” means the budget for the Work described in Exhibit C. E. “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. F. “Consultant” means a professional engineer or designer hired by Local Agency to design the Work Product. G. “Contractor” means the general constructio n contractor hired by Local Agency to construct the Work. H. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S. I. “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. J. “Evaluation” means the process of examining Local Agency’s Work and rating it based on criteria established in §6, Exhibit A and Exhibit E. K. “Exhibits” means the following exhibits attached to this Agreement: i. Exhibit A, Statement 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”) L. “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. DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 587 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 5 of 25 M. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. N. “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. O “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. P. “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. Q. “Initial Term” means the time period defined in §2.B R. “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. S. “OMB” means the Executive Office of the President, Office of Management and Budget. T. “Oversight” means the term as it is defined in the Stewardship Agreement between CDOT and the FHWA. U. “Party” means the State or Local Agency, and “Parties” means both the State and Local Agency. V. “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 in dividual‘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. W. “Recipient” means the Colorado Department of Transportation (CDOT) for this Federal Award. X. “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. Y. “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. Z. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a). AA. “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. BB. “State Purchasing Director” means the position described in the Colorado Procurement Code and its implementing regulations. CC. “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. DD. “Subcontractor” means third-parties, if any, engaged by Local Agency to aid in performance of the Work. EE. “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. FF. “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 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 588 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 6 of 25 guidance in Circular A-50 on Single Audit Act follow-up. GG. “Work” means the delivery of the Goods and performance of the Services in compliance with CDOT’s Local Agency Manual described in this Agreement. HH. “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. STATEMENT 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 p erformance 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 period of performance for a phase of Work authorized under this Agreement. To exercise this 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 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: 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 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 589 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 7 of 25 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 po rtion 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 Agen cy 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 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 sha ll 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 contrac t revisions; processing construction Contractor claims; construction supervision; and meeting the quality control requirements of the FHWA/CDOT Stewardship Agreement, as described in Exhibit E. DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 590 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 8 of 25 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 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. (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). DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 591 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 9 of 25 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 Polic y Act of 1969 (NEPA) as applicable. viii. Maintenance Obligations A separate maintenance agreement, executed by the Parties, shall detail the maintenance and operations responsibilities for the Work constructed under this Contract. The Work constructed under this Contract shall be maintained in a manner satisfactory to the State and FHWA, and the Responsible Party shall provide for such maintenance and operations obligations each year. Such maintenance and operations shall be conducted 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 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 592 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 10 of 25 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. 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 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 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 no t 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 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 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 593 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 11 of 25 review. Any cost disallowance recovery is to be made within the Record Retention Period (as defined below in §9.A.). C. Matching Funds Local Agency shall provide matching funds as provided in §7.A. and Exhibit C. Local Agency shall have raised the full amount of matching 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 designa ted “Local Agency Matching 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. 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 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. 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 princip les. 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. 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. 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 issue a unilateral Option Letter to simultaneously increase and 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.). DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 594 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 12 of 25 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 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 Update a Work Phase Performance Period and/or modify information required under the OMB Uniform Guidance, as outlined in Exhibit C. The State may update any information contained in Exhibit C, Sections 2 and 4 of the Table, and sub-sections B and C of the Exhibit C. 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 incurre d 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. DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 595 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 13 of 25 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 co sts 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 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: 1. Experience: Factors associated with the experience and history of the Subrecipient with the same or similar Federal Awards or grants. 2. 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. 3. 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. 4. Financial: Factors associated with the Subrecipient’s financial stability and ability to comply with financial requirements of the Federal Award. 5. 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. 6. Impact: Factors associated with the potential impact of a Subrecipient’s non-compliance to the overall success of the program objectives. 7. 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 acti vities. G. Close Out Local Agency shall close out this Award within 90 days after the Final Phase Performance End 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 has not closed this Federal Award within 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 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 596 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 14 of 25 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 five (5) Business Days following the end of each calendar quarter or at such time as otherwise specified by the State. 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, elect ronic 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”) of three years following the date of submission to the State of the final expenditure report, 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 Reco rd Retention Period shall extend three years following final disposition of such property. B. Inspection Local Agency shall permit the State to audit, inspect, examine, excerpt, copy, and transcribe Local Agency 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 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. D. Final Audit Report Local Agency shall promptly submit to the State a copy of any final audit report of a n audit performed DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 597 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 15 of 25 on Local Agency’s records that relates to or affects this Agreement or the Work, whether the audit is conducted by Local Agency or a third party. 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 p romulgated 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. 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 sha ll 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 Recor ds 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 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. 11. CONFLICTS OF INTEREST A. Actual Conflicts of Interest Local Agency shall not engage in any business or activities, or maintain any relation ships 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 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 598 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 16 of 25 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 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 mi nimum 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: DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 599 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 17 of 25 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. C. Additional Insured The State shall be named as additional insured on all commercial general liab ility 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 7 Business Days following the Effective Date. Local Agency shall provide to the State certificates evidencing Subcontractor insurance coverage required under this Agreement within 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 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 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 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 600 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 18 of 25 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 i n 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 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 cancelled 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 pres erve 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 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 601 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 19 of 25 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. 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 noninfringing Work or modify the Work so that it becomes noninfringing; 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. 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 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 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 602 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 20 of 25 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) Nick Cheng, Project Manager Region 1 2829 W. Howard Place Denver, CO 80204 720-561-1346 hsu-kun.cheng@state.co.us For the Local Agency City of Englewood Jacob Warren, Project Manager 1000 Englewood Parkway Englewood, CO 80110-2373 303-903-0766 jwarren@englewoodco.gov 17. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION A. Work Product 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 no w known or invented in the future. The State may assign and license its rights under this license. ii. Patents 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 p atent 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. DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 603 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 21 of 25 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 (collectiv ely, “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. 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. 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 anytime thereafter, this §19 shall apply. Local Agency agrees to be governed by and comply with the provisions of §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 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 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 sec tions, 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 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 604 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 22 of 25 deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. G. 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. H. 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. I. 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. J. 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. K. 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. Colorado Special Provisions in the main body of this Agreement. ii. The provisions of the other sections of the main body of this Agreement. iii Exhibit A, Statement of Work. iv. Exhibit D, Local Agency Resolution. v. Exhibit C, Funding Provisions. vi. Exhibit B, Sample Option Letter. vii. Exhibit E, Local Agency Contract Administration Checklist. viii. Other exhibits in descending order of their attachment. L. 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 fu ll force and effect, provided that the Parties can continue to perform their obligations under this Agreement in accordance with the intent of the Agreement. M. 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. N. 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. DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 605 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 23 of 25 O. Waiver A Party’s failure or delay in exercising any right, power, or privilege under thi s 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. P. CORA Disclosure To the extent not prohibited by federal law, this Agreement and the performance measures and standards required under §24-103.5-101 C.R.S., if any, are subject to public release through the CORA. Q. 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. R. 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, age nts 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. 21. 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, DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 606 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 24 of 25 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. 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. J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S. [Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§39- 21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State’s discretion, payments made to Contractor in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Contractor by deduction from subsequent payments under this Contract, deduction from any payment due under any other contracts, grants or agreements between the State and Contractor, or by any other appropriate method for collecting debts owed to the State. K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Contract, through participation in the E-Verify Program or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a Subcontractor that fails to certify to Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor (i) shall not use E-Verify Program or the program procedures of the Colorado Department of Labor and Employment (“Department Program”) to undertake pre- employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and the contracting State agency or institution of higher education within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or §§8-17.5-101, et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Contract for breach and, if so terminated, Contractor shall be liable for damages. L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S. DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 607 of 4167 OLA #: 331002116 Routing #: 20-HA1-XC-03044 Document Builder Generated Rev. 12/09/2016 Page 25 of 25 Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that Contractor (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101, et seq., C.R.S., and (iii) has produced one form of identification required by §24- 76.5-103, C.R.S. prior to the Effective Date of this Contract. Revised 11 -1 -18 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 and Exhibit M are hereby incorporated by this reference. 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) Local Agency will comply with all requirements of Exhibit G and 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 a nd 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. 24. DISPUTES 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. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 608 of 4167 Exhibit A – Page 1 of 1 EXHIBIT A, STATEMENT OF WORK This project is intended to reconstruct the interchange of US-285 and South Broadway in Englewood, CO. The new interchange will include a wider cross-section on South Broadway to facilitate additional or improved bicycle and pedestrian mobility through the Broadway corridor. The Broadway Bridge will also be lengthened to accommodate an additional lane in each direction on US-285, thereby, eliminating a critical bottleneck on the major East-West corridor. To further improve mobility on US-285, this project will investigate access modifications to US-285 from multiple nearby cross-streets. This project will involve design and construction related to bridges, arterial roadways, ROW acquisition, retaining walls, traffic signals, grade changes, access modification, water main relocation, storm sewers, sanitary sewers, landscaping, multi-use paths, bike lanes, and sidewalks. The design phase will include studies and analysis of alternative interchange designs. The scope for this project will include work in the phases of Project Development, Project Design, and Project Construction. The City of Englewood is anticipating utilizing the Design-Bid-Build project delivery method, but intends to leave the option of bringing in a Construction Manager/General Contractor at 30% plan completion. The primary reason for bringing in a CM/GC would be to better address traffic control and staging concerns for both US-285 and South Broadway during the design phase. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 609 of 4167 Exhibit B - Page 1 of 2 EXHIBIT B, SAMPLE OPTION LETTER State Agency Department of Transportation Option Letter Number ZOPTLETNUM Local Agency ZVENDORNAME Agreement Routing Number ZSMARTNO Agreement Maximum Amount Initial term State Fiscal Year ZFYY_1 Extension terms State Fiscal Year ZFYY_2 State Fiscal Year ZFYY_3 State Fiscal Year ZFYY_4 State Fiscal Year ZFYY_5 Total for all state fiscal years $ ZFYA_1 $ ZFYA_2 $ ZFYA_3 $ ZFYA_4 $ ZFYA_5 $ ZPERSVC_MAX_ AMOUNT Agreement Effective Date The later of the effective date or ZSTARTDATEX Current Agreement Expiration Date ZTERMDATEX 1. OPTIONS: A. Option to extend for an Extension Term B. 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.). C. 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.). D. 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.). E. Option to update a Phase Performance Period and/or Modify OMB Uniform Guidance Information. 2. REQUIRED PROVISIONS: Option A In accordance with Section 2, C of the Original Agreement referenced above, the State hereby exercises its option for an additional term, beginning on (insert date) and ending on the current contract expiration date shown above, under the same funding provisions stated in the Original Contract Exhibit C, as amended. Option B In accordance with Section 7, E of the Original Agreement referenced above, the State hereby excerises its 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 labled as follows: C-2, C-3, C-4, etc.). Option C In accordance with Section 7, E of the Original Agreement referenced above, the State hereby excerises its option to DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 610 of 4167 Exhibit B - Page 2 of 2 authorize the Local Agency 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. Option D In accordance with Section 7, E of the Original Agreement referenced above, the State hereby excerises its 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); 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 language must be included on ALL options): The Agreement Maximum Amount table on the Contract’s Signature and Cover Page is hereby deleted and replaced with the Current Agreement Maximum Amount table shown above. Option E In accordance with Section 7, E of the Original Agreement referenced above, the State hereby excerises its option to authorize the Local Agency to update a Phase Performance Period and/or Modify OMB Uniform Guidance Information. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. 3. OPTION EFFECTIVE DATE: 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: ________________________________ DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 611 of 4167 Exhibit C – Page 1 of 2 EXHIBIT C – FUNDING PROVISIONS STU 2854-145 (23553) A.Cost of Work Estimate The Local Agency has estimated the total cost the Work to be $9,500,000.00, which is to be funded as follows: 1.BUDGETED FUNDS a.Federal Funds (80% of Participating Costs)$7,600,000.00 b.Local Agency Matching Funds (11.58% of Participating Costs)$1,100,000.00 c.State Matching Funds (8.42% of Participating Costs)$800,000.00 TOTAL BUDGETED FUNDS $9,500,000.00 2.OMB UNIFORM GUIDANCE a.Federal Award Identification Number (FAIN):TBD b.Federal Award Date:TBD c.Amount of Federal Funds Obligated:$0.00 d.Total Amount of Federal Award:$7,600,000.00 e.Name of Federal Awarding Agency:FHWA f.CFDA Number CFDA 20.205 g.Is the Award for R&D?No h.Indirect Cost Rate (if applicable)N/A 3.ESTIMATED PAYMENT TO LOCAL AGENCY a.Federal Funds Budgeted $7,600,000.00 b.State Matching Funds $800,000.00 c.Less Estimated Federal Share of CDOT-Incurred Costs $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $8,400,000.00 4.FOR CDOT ENCUMBRANCE PURPOSES a.Total Encumbrance Amount $9,500,000.00 b.Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 Net to be encumbered as follows: $9,500,000.00 Note: Design and Construction phase funds are currently not available. Design and construction and Construction funds will be added when they become available by either an option letter or formal amendment. WBS Element 23553.10.30 Performance Period Start*/End Date TBD / TBD Design 3020 $0.00 WBS Element 23553.20.10 Performance Period Start*/End Date TBD / TBD Const. 3301 $0.00 *The Local Agency should not begin work until all three of the following are in place: 1) Phase Performance Period Start Date; 2) the execution of the document encumbering funds for the respective phase; and 3) Local Agency receipt of the official Notice to Proceed. Any work performed before these three milestones are achieved will not be reimbursable. DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 612 of 4167 Exhibit C – Page 2 of 2 B. Matching Funds The matching ratio for the federal participating funds for this Work is 80% federal-aid funds to 11.58% Local Agency funds to 8.42% State funds, it being understood that such ratio applies only to the $9,500,000.00 that is eligible for federal participation, it being further understood that all non-participating costs are borne by the Local Agency at 100%. If the total participating cost of performance of the Work exceeds $9,500,000.00, and additional federal funds are made available for the Work, the Local Agency shall pay 11.58% of all such costs eligible for federal participation and 100% of all non-participating costs; if additional federal funds are not made available, the Local Agency shall pay all such excess costs. If the total participating cost of performance of the Work is less than $9,500,000.00, then the amounts of Local Agency, State and federal-aid funds will be decreased in accordance with the funding ratio described herein. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $8,400,000.00 (For CDOT accounting purposes, the federal funds of $7,600,000.00, the Local Agency matching funds of $1,100,000.00 and the State funds of $800,000.00 will be encumbered for a total encumbrance of $9,500,000.00), unless such amount is increased by an appropriate written modification to this Agreement executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and that such cost is subject to revisions (in accord with the procedure in the previous sentence ) agreeable to the parties prior to bid and award. The maximum amount payable shall be reduced without amendment when the actual amount of the Local Agency’s awarded contract is less than the budgeted total of the federal participating funds and the Local Agency matching funds. The maximum amount payable shall be reduced through the execution of an Option Letter as described in Section 7. E. of this contract. D. Single Audit Act Amendment All state and local government and non-profit organizations receiving more than $750,000 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 C.F.R. 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 ar ea. 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 e ntire 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. DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 613 of 4167 Exhibit D – Page 1 of 1 EXHIBIT D, LOCAL AGENCY RESOLUTION NOT APPLICABLE DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 614 of 4167 Exhibit E – Page 1 of 4 EXHIBIT E, LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 615 of 4167 Exhibit E – Page 2 of 4 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 616 of 4167 Exhibit E – Page 3 of 4 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 617 of 4167 Exhibit E – Page 4 of 4 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 618 of 4167 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 agree 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. DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 619 of 4167 Exhibit G - Page 1 of 1 EXHIBIT G 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 its 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 s hall 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: Civil Rights & Business Resource Center Colorado Department of Transportation 2829 W. Howard Place Denver, Colorado 80204 Phone: (303) 757-9234 REVISED 1/22/98 REQUIRED BY 49 CFR PART DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 620 of 4167 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 c onsultant 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 tiem 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 fr om 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, DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 621 of 4167 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, complexit y, 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. DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 622 of 4167 Exhibit I - Page 1 of 12 EXHIBIT I, FEDERAL-AID CONTRACT PROVISIONS FOR CONSTRUCTION CONTRACTS DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 623 of 4167 Exhibit I - Page 2 of 12 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 624 of 4167 Exhibit I - Page 3 of 12 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 625 of 4167 Exhibit I - Page 4 of 12 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 626 of 4167 Exhibit I - Page 5 of 12 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 627 of 4167 Exhibit I - Page 6 of 12 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 628 of 4167 Exhibit I - Page 7 of 12 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 629 of 4167 Exhibit I - Page 8 of 12 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 630 of 4167 Exhibit I - Page 9 of 12 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 631 of 4167 Exhibit I - Page 10 of 12 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 632 of 4167 Exhibit I - Page 11 of 12 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 633 of 4167 Exhibit I - Page 12 of 12 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 634 of 4167 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 Agencys and their contractors or the Local Agencys). 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 Agencys and the Local Agencys 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 proj ects 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 Stand ards 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). Clear Air Act Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and sub-Agreements of amounts in excess of $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 grouds of race, color, or national origin in consideration for any award. DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 635 of 4167 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 (P ublic 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: v. 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. vi. 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 phys ical 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. vii. 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. viii. 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. DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 636 of 4167 Exhibit J - Page 3 of 11 ix. 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 ma y request the FHWA to enter into such litigation to protect the interests of the United States. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 637 of 4167 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 o f 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 §§ 21.2 3(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 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 638 of 4167 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 F ederal 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 al so 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 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 639 of 4167 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________________________________ DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 640 of 4167 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 t he 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. DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 641 of 4167 Exhibit J - Page 8 of 11 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 Transp ortation 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 wi ll 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 v est 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 neces sary in order DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 642 of 4167 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 par ticipation 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.) DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 643 of 4167 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 co venant 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 a mended, 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) a nd 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.) DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 644 of 4167 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 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 reasonabl e 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). DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 645 of 4167 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; DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 646 of 4167 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 T ransparency 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 p roject 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. DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 647 of 4167 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 registrati on, 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 requir ements 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 reporti ng 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. DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 648 of 4167 Exhibit K - Page 4 of 4 7.1 ToSAM. 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 data elements: 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. DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 649 of 4167 Exhibit L - Page 1 of 3 EXHIBIT L, SAMPLE SUBRECIPIENT MONITORING AND RISK ASSESSMENT DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 650 of 4167 Exhibit L - Page 2 of 3 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 651 of 4167 Exhibit L - Page 3 of 3 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 652 of 4167 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 th e event of a conflict between the provisions of these Supplemental Provisions and the FFATA Supplemental Provisions, the FFATA Supplemental Provisions shall control. 9. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings ascribed to them below. 9.1. “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 9.2. “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. 9.3. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. 2 CFR §200.37 9.4. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109 - 282), as amended by §6202 of Public Law 110 -252. 9.5. “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. 9.6. “OMB” means the Executive Office of the President, Office of Management and Budget. 9.7. “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 activ ity under a Federal program. The term does not include Subrecipients. 2 CFR §200.86 9.8. “State” means the State of Colorado, acting by and through its departments, agencies and institutions of higher education. 9.9. “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. 9.10. “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. 9.11. “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. 10. Compliance. Subrecipient shall comply with all applicable provisions of the Uniform Guidan ce, including but not limited to these Uniform Guidance Supplemental Provisions. Any revisions to such provisions DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 653 of 4167 Exhibit M - Page 2 of 5 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. 11. 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 G uidance §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 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 submitte d 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. DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 654 of 4167 Exhibit M - Page 3 of 5 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 suc h 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, 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 Exe cutive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (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.” 4.2 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- DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 655 of 4167 Exhibit M - Page 4 of 5 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 otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agen cy. 4.3 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. 4.4 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 Agency (EPA). 4.5 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. 4.6 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. 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 t hat 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. 2. 8. 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 DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 656 of 4167 Exhibit M - Page 5 of 5 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. 9. 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. 10. 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. DocuSign Envelope ID: DF51B167-D1C2-414B-BCE4-ACD3B343D100 Page 657 of 4167 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Pieter Van Ry, Sarah Stone DEPARTMENT: Utilities DATE: February 18, 2025 SUBJECT: CB 13 - Amendment to Englewood 2024 Colorado Water Resources and Power Development Authority Water Loan – Authorized Officers DESCRIPTION: State Revolving Fund (SRF) water loan agreement amendment with the Colorado Water Resources and Power Development Authority (CWRPDA) to update the Authorized Officers. RECOMMENDATION: Utilities staff is seeking City Council approval of an amendment to the SRF Leveraged Loan agreement with CWRPDA. This amendment updates the project description and revises the Authorized Officers listed in the agreement. The Water and Sewer Board recommended that Council approve the SRF loan amendment with CWRPDA during its February 11, 2025, meeting. PREVIOUS COUNCIL ACTION:  April 22, 2024 – City Council approved Drinking Water Revolving Fund Loan Agreements with CWRPDA to fund the Lead Reduction Program by emergency Ordinance.  April 15, 2024 – City Council approved Drinking Water Revolving Fund Loan Agreements with CWRPDA to fund the Lead Reduction Program by first reading.  March 25, 2024 – Utilities staff discussed the approval process for the Loan Agreements with Council at Study Session. SUMMARY: The Bipartisan Infrastructure Law (BIL), previously referred to as the Infrastructure Investment and Jobs Act, was signed into law on November 15, 2021. The BIL will invest more than $50 billion over the next five (5) years in U.S. Environmental Protection Agency (EPA) water infrastructure programs, including the SRF loan programs. In Colorado, the BIL funding is issued through the Drinking Water Revolving Fund (DWRF) in three (3) categories: 1) DWRF BIL General Supplemental Funding, 2) DWRF BIL Emerging Contaminants Funding, and 3) DWRF BIL Lead Service Line Funding. On May 23, 2024, Englewood Utilities closed on two (2) loans:  DWRF BIL Lead Service Line Direct Loan: $17,551,020 (including $10,000,000 in principal forgiveness).  Leveraged SRF Loan: $23,000,080. Page 658 of 4167 These loans were intended to fully fund the Lead Reduction Program, originally estimated at $40 million. However, refinements to the lead service line inventory now indicate a total program cost closer to $30 million, leaving approximately $10 million in available funds from the leveraged SRF loan. To redirect these funds to other distribution system priorities, an amendment to the loan agreement is required. ANALYSIS: Utilities recommends approval of a first amendment to the Drinking Water SRF leveraged loan agreement with CWRPDA to update the project description and revises the Authorized Officers listed in the agreement. In March 2023, Utilities staff identified distribution system needs that could be funded through the leveraged SRF loan, including:  Installation of insertion valves at key locations to improve system control and mitigate risks during water main break emergencies.  Water line replacements along S Clarkson Ave and Union Ave.  A potential new project to directly connect the Allen Water Treatment Plant to Zone 2 of the distribution system. To ensure these projects are eligible for SRF funding, the project description in the loan agreement must be updated. The proposed amended project description is: "The project consists of identifying and replacing lead service lines (LSLs), including both public and private portions, in accordance with Bipartisan Infrastructure Law requirements. Additionally, the City will repair and/or replace pipelines, install or replace valves, and construct water main replacements." Along with this amendment, Utilities staff also requests to update the Authorized Officers listed in the loan agreement. The original agreement named two individuals from Public Works; however, Utilities staff recommends replacing them with:  Pieter Van Ry, Director of Utilities and South Platte Renew  Sarah Stone, Deputy Director – Business Solutions and Engineering These changes will ensure alignment with project and SRF loan oversight. COUNCIL ACTION REQUESTED: Motion to approve, by Ordinance, a State Revolving Fund water loan agreement amendment with the Colorado Water Resources and Power Development Authority to update the Authorized Officers. FINANCIAL IMPLICATIONS: The SRF Water Fund loan will fund the Lead Reduction Program and additional improvements to the water distribution system for the next three (3) years in the amount of $40,000,000. This amendment does not change the financial implications of the loan agreement. CONNECTION TO STRATEGIC PLAN: Infrastructure: Page 659 of 4167  Establish a long-term Capital Improvement Program  Establish a 20-year plan for financing ATTACHMENTS: CB#13 - First Amendment to Englewood 2024 CWRPDA Water Loan – authorized officers Contract Approval Summary (CAS) Amendment to CWRPDA Leveraged SRF Loan Leveraged SRF Loan PowerPoint Presentation Page 660 of 4167 ORDINANCE NO. COUNCIL BILL NO.13 SERIES OF 2025 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 11, SERIES 2024, TO UPDATE DESIGNATED REPRESENTATIVES AUTHORIZED TO COORDINATE WITH THE COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY REGARDING FINANCIAL ASSISTANCE MATTERS WHEREAS, on April 22, 2024, the City Council of the City of Englewood adopted Ordinance No. 11, Series of 2024, authorizing the City to, among other things, enter into a loan agreement with the Colorado Water Resources and Power Development Authority (CWRPDA) under the federal Safe Water Drinking Act to finance capital improvements under the City’s One Water Modernization Program – Water Utility System Project; and WHEREAS, Ordinance No. 11, Series of 2024 designated Tim Hoos — Deputy Director — Engineering and Asset Management; Brittany Payton, Business Support Specialist; Kevin Engels, Director of Finance; and Christine Hart, Accounting Supervisor as Authorized Officers to represent the City regarding taking action on the loan agreement such as executing loan documents and pay requests for the water projects for construction grants and loans; and WHEREAS, the Utilities Department seeks to update the designated Authorized Officers by removing Tim Hoos and Brittany Payton as Authorized Officers and designating Pieter Van Ry, Director of the Utilities Department, and Sarah Stone, Deputy Director, as the new Authorized Officers to act on behalf of the City on all financial matters associated with the loan agreement administered by the Colorado Water Resources and Power Development Authority; and WHEREAS, the updated designation of Authorized Officers ensures the efficient administration of financial assistance agreements, aligns with departmental leadership roles overseeing the agreement, and promotes continuity in the City’s water infrastructure financing efforts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Ordinance No. 11, Series of 2024, is hereby amended to reflect the following changes: • Tim Hoos — Deputy Director — Engineering and Asset Management and Brittany Payton — Business Support Specialist, are removed as Authorized Officers. • Pieter Van Ry, Director of the Utilities Department, and Sarah Stone, Deputy Director, are hereby designated as Authorized Officers to sign deliverable documents on behalf of the City on all financial matters associated with grants and loans administered by the Colorado Water Resources and Power Development Authority. Page 661 of 4167 • Kevin Engels, Director of Finance and Christine Hart, Accounting Supervisor shall remain as designated as Authorized Officers. 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. 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. 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 may be necessary to implement the provisions of this Ordinance, and has authority to correct formatting and/or typographical errors discovered during codification. Page 662 of 4167 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. Page 663 of 4167 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 5/23/2024 Amendment Amount End Date Amended Contract Amount Total Term in Years Vendor Contact Information: Name Contact Address Phone Email City State Zip Code Contract Type: Please select from the drop down list Descripiton of Contract Work/Services Colorado Water Resources and Power Development Authority Amendment to Loan The SRF Water Fund loan will fund the Lead Reduction Program and additional improvements to the water distribution system for the next three (3) years in the amount of $40,000,000. This amendment does not change the financial implications of the loan agreement. First Amendment to the Leveraged SRF Loan $ 23,000,080 $ - $ 23,000,080 303.349.3766Sarah Stone SStone@englewoodco.govUtilities Deputy Director – Business Solutions and Engineering City of Englewood, Colorado CONTRACT APPROVAL SUMMARY The Bipartisan Infrastructure Law (BIL), previously referred to as the Infrastructure Investment and Jobs Act, was signed into law on November 15, 2021. The BIL will invest more than $50 billion over the next five (5) years in U.S. Environmental Protection Agency (EPA) water infrastructure programs, including the State Revolving Fund (SRF) loan programs. In Colorado, the BIL funding is issued through the Drinking Water Revolving Fund (DWRF) in three (3) categories: 1) DWRF BIL General Supplemental Funding, 2) DWRF BIL Emerging Contaminants Funding, and 3) DWRF BIL Lead Service Line Funding. On May 23, 2024, Englewood Utilities closed on two (2) loans: • DWRF BIL Lead Service Line Direct Loan: $17,551,020 (including $10,000,000 in principal forgiveness). • Leveraged SRF Loan: $23,000,080. These loans were intended to fully fund the Lead Reduction Program, originally estimated at $40 million. However, refinements to the lead service line inventory now indicate a total program cost closer to $30 million, leaving approximately $10 million in available funds from the leveraged SRF loan. To redirect these funds to other distribution system priorities, an amendment to the loan agreement is required. Renewal options available no change Payment terms (please describe terms or attached schedule if based on deliverables) Page 664 of 4167 City of Englewood, Colorado CONTRACT APPROVAL SUMMARY Procurement Justification of Contract Work/Services Budget Authorization of Contract Work/Services Source of Funds: Revenue CAPITAL ONLY Item A B C D 1=A-B-C-D Capital Tyler New World Budgeted?Spent To Encumbrance Contract Budget Operating Year Project # / Task #Fund Division Account Line Item Description YES / NO Budget Date (Outstanding PO)Amount Remaining C -$ -$ -$ -$ -$ O -$ -$ -$ -$ -$ Total Current Year -$ -$ -$ -$ -$ C -$ -$ -$ -$ -$ O -$ -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ -$ GRAND TOTAL -$ -$ -$ -$ -$ Process for Choosing Contractor: Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: PLEASE NOTE: City Council Approval Required for the following: - Budgeted Contracts or Agreements greater than $250,000 - Non-Budgeted Contracts or Agreements greater than $125,000 General Ledger Account String n/aSolicitation Name and Number: NOTES/COMMENTS (if needed): This amendment does not change the financial implications of the loan agreement. Utilities staff is seeking Water and Sewer Board recommendation for City Council to approve an amendment to the Drinking Water State Revolving Fund (SRF) loan agreement with the Colorado Water Resources and Power Development Authority (CWRPDA). This amendment updates the project description and revises the Authorized Officers listed in the agreement. The SRF Water Fund loan will fund the Lead Reduction Program and additional improvements to the water distribution system for the next three (3) years in the amount of $40,000,000. This amendment does not change the financial implications of the loan agreement. Solicitation Evaluation Summary/Bid Tabulation 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 665 of 4167 This FIRST AMENDMENT TO LOAN AGREEMENT ("Amendment”) is made and entered into as of this ______ day of ________________2025, by and between the Colorado Water Resources and Power Development Authority (the “Authority”) and CITY OF ENGLEWOOD, COLORADO, ACTING BY AND THROUGH ITS WATER UTILITY ENTERPRISE (the “Governmental Agency”); WITNESSETH THAT: WHEREAS, pursuant to the federal Safe Drinking Water Act of 1996 and Section 37-95-107.8, the Authority administers the Drinking Water Revolving Fund and provides financial assistance to governmental agencies in financing the costs of certain water projects; and WHEREAS, the Governmental Agency and the Authority entered into a Loan Agreement dated as of May 1, 2024 (the "Drinking Water (“DW”) State Revolving Fund (“SRF”) Revenue Bonds 2024 Series B Leveraged Loan Agreement") for a loan through the Drinking Water Revolving Fund to finance a portion of the cost of a water project of the Governmental Agency (the "DW SRF Revenue Bonds 2024 Series B Leveraged Loan"); and WHEREAS, the Governmental Agency has requested that the Project Description of the Project to be financed under the 2024 Leveraged Loan Agreement be amended to expand the proposed project; and WHEREAS, the Project as expanded is authorized by the Project Eligibility List for the Drinking Water Revolving Fund that has been approved by the Colorado Legislature; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Authority and the Governmental Agency hereby agree as follows: 1. Amendment of Project Description. The Project Description set forth in Exhibit A (1) of the 2024 Leveraged Loan Agreement is amended to read as follows: "The project consists of identifying and replacing lead service lines (LSL), to include both the public and private portions of the identified lead service lines, in accordance with the Bipartisan Infrastructure Law requirements. Additionally, the City will repair and/or replace pipeline, install or replace valves, and construct water main replacement." 2. No Other Amendment. Except as hereby amended, the DW SRF Revenue Bonds 2024 Series B Leveraged Loan Agreement remains in full force and effect. A-1 Page 666 of 4167 IN WITNESS WHEREOF, the Authority and the Governmental Agency have caused this Amendment to Leveraged Loan Agreement to be executed, sealed and delivered, as of the date set forth above. (SEAL) COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY ATTEST: By: Assistant Secretary Executive Director (SEAL) CITY OF ENGLEWOOD, COLORADO, ACTING BY AND THROUGH ITS WATER UTILITY ENTERPRISE ATTEST: By: City Clerk Mayor A-2 Page 667 of 4167 Page 668 of 4167 Page 669 of 4167 Page 670 of 4167 Page 671 of 4167 Page 672 of 4167 Page 673 of 4167 Page 674 of 4167 Page 675 of 4167 Page 676 of 4167 Page 677 of 4167 Page 678 of 4167 Page 679 of 4167 Page 680 of 4167 Page 681 of 4167 Page 682 of 4167 Page 683 of 4167 Page 684 of 4167 Page 685 of 4167 Page 686 of 4167 Page 687 of 4167 Page 688 of 4167 Page 689 of 4167 Page 690 of 4167 Page 691 of 4167 its discretion, deem necessary to enforce the obligations of the Governmental Agency to the Authority pursuant to Section 3.03, Section 3.06 and Section 5.04 hereof. SECTION 5.08 Default by the Authority. In the event of any default by the Authority under any duty, covenant, agreement or obligation of this Loan Agreement, the Governmental Agency's remedy for such default shall be limited to injunction, special action, action for specific performance or any other available equitable remedy designed to enforce the perfonnance or observance of any duty, covenant, obiigation or agreement of the Authority hereunder as may be necessary or appropriate. The Authority shall on demand pay to the Governmental Agency the reasonable fees and expenses of attorneys and other reasonable expenses in the enforcement of such performance or observation. ARTICLE VI. MISCELLANEOUS SECTION 6.01 Notices. Any notice, demand, or request required or authorized by this Agreement to be given to another notice recipient listed below, or in Exhibit B in the case of the Governmental Agency (including overnight delivery service) to each of the notice recipients and addresses below or in Exhibit B for the receiving notice recipient. Any such notice, demand, or request shall be deemed to be given (i) when sent by email transmission, or (ii) when actually received if delivered by courier or personal delivery (including overnight delivery service). Each addressee listed below ad the Governmental Agency shall have the right, upon IO days' prior written notice to the other notice recipient, to change its list of notice recipients and addresses listed below or in Exhibit A in the case of the Governmental Agency. The notice recipients below and the Governmental Agency may mutually agree in writing at any time to deliver notices, demands or requests through alternate or additional methods, such as electronic: (a)Authority: (b)Trustee: (c)Loan Servicer: 139095716.3 Colorado Water Resources and Power Development Authority 1580 Logan Street, Suite 820 Denver, Colorado 80203 Attention: Executive Director Email Address: krnclaughlin@cwrpda.com U.S. Bank Tmst Company, National Association Denver Tower 950 17th Street Denver, Colorado 80202 Attention: Corporate Trust Services Email Address: jennifer.petruno@usbank.com U.S. Bank Trust Company, National Association. Denver Tower 950 17th Street 24 Page 692 of 4167 Page 693 of 4167 Page 694 of 4167 Page 695 of 4167 Page 696 of 4167 Page 697 of 4167 Page 698 of 4167 Page 699 of 4167 DESCRIPTION OF THE LOAN 1. EXHIBIT B 2. Address of Governmental Agency: City of Englewood, Colorado, Acting By and Through Its Water Utility Enterprise 1000 Englewood Parkway Englewood, CO 80110 Attention: Sarah Stone Ernai l Address: Sstone@englewoodco.gov Cost of Project: Approximately $40,000,000 3.Principal Amount of Loan Commitment: $22,448,980 4.Loan Term: The date commencing on the Loan Closing and ending on the final Loan Repayment date set forth in Exhibit C. 5.Description of the Project: See Exhibit A, 1. 6.Authorized Officer(s): Tim Hoos -Deputy Director -Engineering and Asset Management Brittany Payton -Business Support Specialist Kevin Engels -Director of Finance Christine Hart -Accounting Supervisor 7.Project Completion Date: May 2027 B-1 Page 700 of 4167 Page 701 of 4167 Page 702 of 4167 Page 703 of 4167 Page 704 of 4167 Page 705 of 4167 Page 706 of 4167 Page 707 of 4167 Page 708 of 4167 Page 709 of 4167 Page 710 of 4167 Page 711 of 4167 Page 712 of 4167 Page 713 of 4167 Page 714 of 4167 SRF Water Loan Agreement Amendment Presented By Utilities Deputy Director –Business Solutions and Engineering, Sarah Stone Pa g e 7 1 5 o f 4 1 6 7 Background •Bipartisan Infrastructure Law (BIL) •Signed November 15, 2021 •Invests more than $50 billion over the next 5 years in USEPA water infrastructure programs •Drinking Water Revolving Fund (DWRF) •Colorado Water Resources and Power Development Authority (CWRPDA) •Englewood’s DWRF Loans •BIL Direct Loan -$17.55 million •BIL Principal Forgiveness -$10 million •Leveraged Loan -$23.0 million Pa g e 7 1 6 o f 4 1 6 7 Proposed Loan Amendment •Update Project Description •Insertion valves at key locations •Water line replacement •S Clarkson St. •Union Ave. •Connect Allen WTP to Zone 2 of distribution system •Add Authorized Officers •Pieter Van Ry, Director of Utilities and South Platte Renew •Sarah Stone, Deputy Director – Business Solutions and Engineering •Water and Sewer Board recommended City Council approval during its February 11, 2025, meeting.Pa g e 7 1 7 o f 4 1 6 7 Questions? Pa g e 7 1 8 o f 4 1 6 7 Thank you Pa g e 7 1 9 o f 4 1 6 7 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Chris Harguth, Pieter Van Ry, Sarah Stone DEPARTMENT: Communications, Utilities DATE: February 18, 2025 SUBJECT: Amendment to the Intergovernmental Agreement with Englewood Public School District DESCRIPTION: Amendment No. 1 to the Intergovernmental Agreement (IGA) between the City of Englewood (City) and the Arapahoe County School District No. 1 (Englewood School District) to install two antenna collectors on District Property and collaborate on Community Message Boards. RECOMMENDATION: Utilities and Communications staff are seeking City Council approval of an Amendment to the Intergovernmental Agreement (IGA) between Englewood and the Englewood School District. This amendment authorizes the installation of two (2) antenna collectors for the City's Advanced Metering Infrastructure (AMI) Project and formalizes collaboration on Community Message Boards. This is a no-cost amendment. The Water and Sewer Board recommended that Council approve the IGA amendment with the Englewood School District during its February 11, 2025, meeting. PREVIOUS COUNCIL ACTION:  October 3, 2022 – City Council approved Council Bill #52 – IGA replaces the November 2020 agreement that did not include joint responsibilities for Hosanna Complex.  November 2, 2020 – City Council approved Council Bill #48 – IGA with the school district for joint services. SUMMARY: A 2020 Utilities Master Plan identified the need for an AMI program to replace obsolete water meters. Of the City's 10,094 meters, 7,537 require full replacement, while 2,557 need retrofitting. AMI enables two-way communication between meters and the City’s central system, improving efficiency, accuracy, and operational capabilities. AMI antennas, also known as data collectors, are essential for:  Real-time data transmission for accurate billing and resource management.  Operational efficiency by enabling remote service connections, disconnections, and outage detection.  Supporting future services like demand-response programs. Page 720 of 4167 The City and Englewood School District entered into an IGA in 2020 to share recreational facilities and resources. Amendment No. 1 expands this partnership by authorizing AMI antenna installation and establishing Community Message Boards to improve public communication. ANALYSIS: Utilities and Communications staff recommends amending the IGA with the Englewood School District to install two (2) antenna collectors on the District property for the Utilities AMI Project and to establish partnering on new Community Message Boards. Utilities staff is currently installing AMI meters throughout the City’s water distribution system to improve water utility data collection efficiency and accuracy. To support this initiative, staff proposes installing two (2) R900® Gateway v4 Fixed Network Data Collectors on District property:  Charles Hay Elementary School (1221 E. Eastman Ave.): Installation on a rooftop pallet system.  Englewood High School (3800 S. Logan St.): Installation on an existing rooftop rack. The District has reviewed and approved these locations, ensuring minimal disruption to school operations. The City will assume all costs associated with the data collectors' installation, maintenance, and operation, including providing 24-hour notice to the District before accessing rooftops for maintenance. This project aligns with the City’s broader goals of modernizing infrastructure and improving water service efficiency for Englewood residents. The City and the District recognize the value of enhancing public communication through strategically placed Community Message Boards at select school district properties. These boards will serve as a means to disseminate important information to residents, students, and other stakeholders. The City and District will jointly determine the most effective locations, which currently include:  Englewood High School  Clayton Elementary School  Early Childhood Education Center at Maddox The City will be responsible for designing, developing, manufacturing, and installing the message boards, as well as ongoing maintenance, including cleaning, graffiti removal, vandalism repair, and replacement of damaged boards. The District will manage content creation and printing for its designated side of each board. Both organizations will collaborate on scheduling and ensuring the information displayed remains timely and relevant. This initiative strengthens the City’s commitment to community engagement, transparency, and effective communication. The proposed Amendment No.1 to the IGA solidifies an ongoing partnership between the City of Englewood and Englewood School District by expanding areas of collaboration beyond recreational services. By incorporating the AMI Project and Community Message Boards initiative, both entities will enhance public services and communication efforts, further benefiting the Englewood community. Page 721 of 4167 COUNCIL ACTION REQUESTED: Motion to approve by Ordinance, Amendment No. 1 to the Intergovernmental Agreement between the City of Englewood and the Arapahoe County School District No. 1 (Englewood School District) to install two data collection antennas on District property for the City of Englewood’s Advanced Metering Infrastructure Project. The amendment includes the City and District working collaboratively to create Community Message Boards to enhance communication efforts. This is a no-cost amendment. FINANCIAL IMPLICATIONS: The City’s assumption of financial responsibility for installation and maintenance ensures that these projects will be executed efficiently and sustainably. Approval of this amendment will formalize these commitments and reinforce the mutual benefits of intergovernmental cooperation. This is a no-cost amendment. CONNECTION TO STRATEGIC PLAN: Community Engagement, Transparency, and Effective Communication:  Proactively strengthen the City’s commitment to community engagement, transparency, and effective communication Governance:  Sustainable approach to revenue through increased accuracy Infrastructure and Transportation:  Supports sustainable future infrastructure funding  Supports effective asset management of metering infrastructure  Proactive improvement of the City's water infrastructure Sustainability:  Infrastructure designed and maintained in an economic, equitable, and ecological manner ATTACHMENTS: CB #__ - IGA with Arapahoe County School District No. 1 (Englewood School District) Contract Approval Summary (CAS) Amendment to the IGA with Arapahoe County School District No. 1 (Englewood School District) IGA with Englewood Schools 047 PowerPoint Presentation Page 722 of 4167