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Home My WebLink About2006-06-05 (Regular) Meeting Agenda PacketRegular City Council Meeting June 5, 2006 Ordinance II y.' ~ ~7, 18, 19 Resolution~ ~2, 53, 54, 55, 56, 51, 58, 59 ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session June 5, 2006 1 . Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7 :34 p.m . 2 . Invocation The invocation was given by Council Member Barrentine . 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4 . Roll Call Present: Absent: Council Members Tomasso, Moore, Barrentine, Oakley, Mccaslin, Woodward, Wolosyn None A quorum was present. Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Kahm , Public Works Senior Planner Langon , Community Development Director Black, Parks and Recreation Fire Division Operations Chief Pattarozzi, Safety Services 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 15, 2006. Mayor Wolosyn asked if there was any discussion . Council Member Woodward said on page 3 at the very bottom , (b) Robert Maos ... I th ink that should be Robert Maes ... that that is the correct spelling . Vote results : Ayes : Council Members Barrentine , Mccasl in, Moore, Wolosyn , Woodward , Tomasso , Oakley Nays : None Motion carried and the minutes were approved as amended . 6 . Recognition of Scheduled Public Comment (a) present. Englewood citizen Janice Gerten was scheduled to discuss art in Englewood . She was not Englewood City Council June 5, 2006 Page2 7. Recognition of Unscheduled Public Comment There were no unscheduled visitors . 8. Communications, Proclamations and Appointments (a) A memorandum from Dooley Gehr, Chair of the Code Enforcement Advisory Committee , recommending removal of an alternate member was considered . COUNCIL MEMBER BARRENTINE MOVED, AND IT WAS SECONDED, TO RECOMMEND THE REMOVAL OF AN ALTERNATE MEMBER OF THE CODE ENFORCEMENT ADVISORY COMMITTEE. Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays: None (b) An e-mail from Cornelia Humphreys announcing her resignation from the Keep Englewood Beautiful Commission was considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO ACCEPT, WITH REGRET, THE RESIGNATION OF CORNELIA HUMPHREYS FROM THE KEEP FNGLEWOOD BEAUTIFUL COMMISSION. Mayor Wolosyn asked if there was any discussion . Mayor Wolosyn said I also accept it with regret. Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward , Tomasso, Oakley Nays : None 9 . Consent Agenda COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO APPROVE CONSENT AGENDA ITEMS 9 (a) (i), (ii), (Iii), and 9 (b) (i), (ii), (iii). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 20, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT . (ii) COUNCIL BILL NO . 21 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED AGREEMENT REGARDING PROPERTY ACQUISITION AND CONSTRUCTION OF A MAINTENANCE TRAIL , BIG DRY CREEK , CITY OF ENGLEWOOD , BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE URBAN DRAINAGE AND THE FLOOD CONTROL DISTRICT . Englewood City Council June 5, 2006 Page3 (iii) COUNCIL BILL NO . 22, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED AGREEMENT REGARDING DESIGN AND CONSTRUCTION OF MAINTENANCE IMPROVEMENTS TO WEST HARVARD GULCH, CITY OF ENGLEWOOD , BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE URBAN DRAINAGE AND THE FLOOD CONTROL DISTRICT . (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 14, SERIES OF 2006 (COUNCIL BILL NO . 15, INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COMMUNITY COLLEGE/AREA CAREER AND TECHNICAL SCHOOL AND THE CITY OF ENGLEWOOD PERTAINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT 2360 SOUTH ZUNI STREET, ENGLEWOOD, COLORADO . (ii) ORDINANCE NO . 15, SERIES OF 2006 (COUNCIL BILL NO . 17, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AMENDING TITLE 1, CHAPTERS 4 AND 7, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO COSTS AND PENALTIES IN MUNICIPAL COURT . (iii) ORDINANCE NO . 16, SERIES OF 2006 (COUNCIL BILL NO . 18 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AMENDING TITLE 7, CHAPTER 68 , SECTION 11, OF THE ENGLEWOOD MUNICIPAL CODE 2000 , PERTAINING TO POLICE AND FIRE ALARM SYSTEM REPORTS . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore, Wolosyn, Woodward , Tomasso, Oakley Nays : None (c) Resolutions and Motions There were no additional resolutions or motions . (See Agenda Item 11.) 10 . Public Hearing Items (a) Mayor Wolosyn said this is a Public Hearing to gather input on Council Bill No . 16, pertaining to the number of animals maintained at a household or premises . COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO . 16, PERTAINING TO THE NUMBER OF ANIMALS MAINTAINED AT A HOUSEHOLD OR PREMISES . Ayes : Council Membe rs Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None Motion carried and the public hearing opened . Mayor Wolosyn said we don't have a member of staff presenting this, so I am going to present for the record, Proof of Publication of the notice of this Public Hearing , which was published on May 19, 2006 in the Englewood Herald . This was presented to the City Clerk . Englewood City Council June 5, 2006 Page4 Mayor Wolosyn said we have an existing rule that says we can have a total of four animals in our house ... two each, no more than two cats and no more than two dogs . One of our Council members asked that we change that to make it a maximum of three cats or three dogs and we also decided that since this does pertain to the community that we would have a Public Hearing on it. Council Member Moore said j ust let me clarify that it will still maintain the total of four ... this is just chang ing the allocation . All witnesses were duly sworn . Don Roth, an Englewood resident, said this issue is something that I am sure you are aware that it is not the first time that it has been before you. It was probably about four or five years ago, that the Code Enforcement Advisory Committee looked at this , when I was a member of that Committee. At that time we came up with the current limits that we felt were adequate . Some of the reasoning behind that: (1) the size of the yards in the City ... most of the yards are 6000 square feet, you had a house , a garage and whatnot and the area shrinks considerably and then if you have a large dog where you need a s ix foot fence, you loose even more. And the dog park issue really supports that concept ... that people don't have enough room in their yards to maintain their dogs . So , adding a third dog just creates more problems ... you have , of course, the noise from an extra barking dog, you have odor and sanitation issues, not everybody cleans up every time their dog goes out in the yard . Sometimes they don't clean up for weeks at a time and so that can be a big issue and when you add a third dog, it just compounds the issue . Those are really the crux of what our discussion was back then . I know I have heard the a rgument here that if they have an old dog and you want to bring in a new one ... get him acclimated before the old dog passes on, but this opens it up for any age dog . It doesn't say that you can only have an old dog before you bring in a replacement. You could have three puppies , just the same as three old dogs . From personal experience, bringing in a third dog, when you have an old dog that is on his way out, is usually not a good plan . First of all , the new dog has to adapt to two roommates instead of one and the old dog really doesn 't appreciate having somebody coming in and trying to establish his spot in the pecking order. So, all in all, I think the idea of adding a third animal. .. it doesn 't matter ... a third dog or a third cat. .. really isn 't a good plan . It really doesn't help and it is especially troublesome for neighbors who don 't, or even some who do, have dogs . Mayor Wolosyn said thank you Don. Tom Henritze said I've lived in Englewood for about fifteen years now . I appreciate the comments of a fellow citizen. What I would want to stress is that how we maintain one dog or a dozen dogs is really what he was echoing ... if you don't pick up after your dog, if you are discourteous toward you neighbors, it doesn't matter how many dogs there are. My opinion is that the arbitrary rule of two dogs as compared to three ... there are very, very few homes that have exactly two dogs and two cats . The reason I am here is that I am very passionate about it. I have recently lost two dogs and we are starting over ... we have a puppy . I think dogs are pack animals ; they love to be with people and love to be with other animals that are very much like them . There is a bond that goes on there . I am passionate about having two dogs . I think two dogs is really ... it is fantastic ... a lot of us work 8 to 5 ... or in your case probably earlier and later ... and it is very , very troublesome to leave one dog from 7 in the morning until whenever you might get home at 7, 8, 9 or 10 o'clock at night. Two dogs is really, really a beautiful balance for them and it is a great balance for everyone else in the neighborhood . However, when you do lose a dog ... because dogs only live 7 to 10 years depending upon their size, it is very, very difficult to go through the gyrations of getting another dog . So , what I have done in the past , and it has worked fabulously, is to introduce a new puppy . We had a 10 year old who was very old and very arthritic . We introduced a puppy, the puppy was very energetic and actually added a couple of year's worth of life to that older dog and it really enriched our life as well . We were always very , very courteous to our neighbors . We talked with them about the fact that we were going to get a third dog in a short period of time . None of them had any issues . We certainly pick up feces and we make sure about barking and other things on a daily, weekly basis . To go three weeks would be problematic for even one dog ... l would hope . But I am very, very passionate . I think tw o dogs are absolutely fantastic . What I would ask of the Council is that I think a three dog lim it g ives you that very ability to accommodate people who really , really want to have on average ... for most of the ir lives ... two dogs . There will be times in my life when I will have one dog , like right now. I w ill certainly get a nother dog shortly , but there are times when it makes a lot of sense to have a third dog . So , rather than Englewood City Council June 5, 2006 Page 5 runn ing up against. .. what I consider to be an arb itra ry rule which is two dogs and two cats , which really doesn 't exist in society anywhere ... to have the ability to have three cats ... I'm not a cat person , maybe someone else will speak on behalf of cats ... but , to have three dogs , from my perspective, it is a very , very passionate cause . And I think it makes a lot of sense for a family unit. I'm not asking to go up to eight dogs, ten dogs and not asking to not pick up feces for months on end . I do think that there are those expans ions and contractions that happen in our fam ilies and in our lives and it makes a lot of sense to have the ability to not draw a hard l ine at two , so that we can actually expand to accommodate social changes and family changes. Thank you . Mayor Wolosyn said thank you . Cindy Scott, an Englewood resident , sa id I would like to thank you as I was really happy to see this on the agenda . I think that there is a vast variety of situations . There can be situations where one dog isn 't suitable and situations where three dogs are fine . And so one of the problems I always had with the two dog limit is I think it probably makes scofflaws out of a tremendous number of peopl in the City. Dogs have become ... you know they are a very personal, passionate part of peoples ' lives . I know that I was a three dog household for awhile ... my elderly mother could no longer care for her elderly dog . Of course, I was going to take the dog , but it is not kind to have that hanging over somebody's head ... that's an illegal dog . I also wonder ... l don't know if there is any plan to license dogs at any time in the future , but at the point that , that happened I think there would be an awful lot of people with a problem . I know that dogs in many peoples ' lives just have a very central position . My dogs are really partners and team members . I do pet therapy. I brought my dog to the library downstairs in this building yesterday to have children read to her. It is quite remarkable ... all the places that dogs are being accepted now. I do sports with her and I th ink the real ity now is that there are many activities that you can do with your dog that become very important to you , but also veterinary sc ience is such that a dog may have five to eight years of comfortable living after they have to retire from these activities . So , you are faced with a very hard cho ice if you can't replace that dog . One other point that I wanted to make is I th ink in the gene ral vicinity it is probably more common to allow three dogs in a household and so I would imag ine that could be a serious issue for some people moving into the City . And that concludes my remarks . Mayor Wolosyn said thank you Cindy, it is nice to see you . Ms . Scott said I haven 't bee n here , because we have been do ing pet therapy on Mondays . Tavis Hanna said I have lived in Englewood for just short of four years now and I have had two dogs the entire time . One of them is a Wolf/Husky hybrid and he is now eleven and a half and the other is an Akita and he is four and a half. Both are very intelligent and very stubborn breeds. Ak itas, of course , have a very strong propensity for aggression , but since both of them are such intelligent breeds I was able to train them to be incredibly social. They have been going places off leash ever since I've had them and as far as around the house , they can be protect ive . They know all of our neighbors . All of our ne ighbors know and like them both very much a nd as far as be ing a nuis ance to o ur environme nt ... they are no t. They have been tra ined to not go to the bathroom in the front yard or in the grassy portion of the back yar d , but they will go behind my garage in a secluded spot. That is where they go . I pick it up frequently enough that it does not pile up . As far as barking is concerned ... the Akita barks at some people now and then , people who are strangers . Neighbors coming and going , he doesn't bark at them at all ... he knows them . The work that I have put into both of them has been difficult with the Husky when he was my only dog . It was about half a s difficult with the A kita, because having a puppy under a mature dog ... basically, th e mature dog does ha lf of the wo rk fo r you . Be ing able to introduce a third pup py fo r the next few years, befo re the Husky passes o n , wo uld agai n decrease the am ou nt of work and difficulty it w ould take to train that dog to the stan dard level tha t my two dog s are at now. Having the o pp ortunity to main tain that culture of just socialization is cri tical and key , es pecia lly w he n it c om es to dogs that are as in telligent and stubborn as these two . So, the opportunity to kee p that in tact would be tremen dou s for our household . I do understand that there are issues with barking and en viro nmental pollu ti on w it h ha ving too many dogs, but I would have to say that I have seen those same prob lems with households who only have one dog . It really is not an issue of the dog , as much as it is the owner and the style of stewardship that they undertake . It just seems to me that th is issue has some contentious po ints and those are usually brought to the surface by irrespons ible people , w ith just a few of them ruining the opportunity for the rest of us who are very respons ible . Co inc identally , all of the people who I have spoken to about th is issue , the ir response has been the same th ing . This is great. I c oul d in tro d uce a pup py before my old er dog passes on and all the benefits that go along w ith it, they wo ul d be able to benefi t fro m . I d on't th in k tha t man y pe ople want to have three dogs fo r long te rm . I Englewood City Council June 5, 2006 Page6 would have to get bigger veh icles for one thing and I just can 't afford that. So, it really is a life style thing . It really is a kind of maintaining a culture that makes it easier on your neighbors, makes it easier on your own life style and makes it safer for the rest of the community, because having a dog that has been socialized as well as ours have and having a dog raised like ours have, is key in allowing them to go off-leash and trust that they aren 't going to do anything dangerous or scary to other people . So, I guess my view on this issue is I'm for it , but responsibly cautious . There are probably going to be people who take advantage of this and don 't take the responsibility as proportionate to their comm itment. So , I urge the City Council to not hesitate when it comes to utilizing Code Enforcement to crack down on households who are not training their dogs to be quiet or picking up after their dogs consistently enough. And as a gentleman said earl ier, going to the off-leash park ... yeah sometimes the back yard isn't big enough , but space isn 't the only thing the dogs get at the off-leash park ... socialization is the number one thing . And so, please , if this issue doesn't go through , be open to resorting back to two dogs per household again if people aren 't being as responsib le as they should , because there needs to be a check and balance here . And if people don 't see it, this is a privilege that can be taken awa y if they don 't really have a lot of accountability . So , please do crack down ... don't hesitate and I am looking forward to this passing . Thank you very much . Mayor Wolosyn said thank you Tavis. Darice Henritze , an Englewood resident, said I have also lived in Englewood for 15 or 16 years . I wasn 't going to talk because my husband was speaking and obviously you know where I stand on the issue , because I have to stand where he stands or he will divorce me ... [there was laughter] ... but I was listening to everyone's comments . I guess I have one point to make and that is that I know the City of Denver has had the three dog ordinance for quite some time and it would be interesting to know whether they have had issues with increased complaints over dogs . I would be surprised to know if that was factually true . Perhaps a recommendation to the Council is you could look into that. The other thing that I would th ink is that dog owners who are irresponsible with dogs are probably very unlikely to run out and get three. My guess is that most irresponsible dog owne rs have one that they get for their child and they stick it in their back yard, they don 't train it and it poops all over the place and they never clean up anyway. Most people who have three dogs tend to be people who are pretty into dogs . They tend to be people who are very focused on raising their dogs and understanding pack behavior . Just another comment ... it seems to be true if you listen to the people who came here to speak, they are all pretty into their dogs . I think my husband might love our dogs more than he loves me, but we can talk about that at another Council meeting . [There was laughter.] It m ight also be interesting, if we are going to increase the number to three dogs, to increase the ordinances that we have that penalize people , perhaps fine them for not taking care of their dogs and pe rhaps there cou ld be a fee for people who want to keep three dogs to really make it a personal pa in to them to understand the responsibil ity of having to take care of those. So , I just threw in a couple of comments based on what I was hear ing othe r people talk ing abou t. Thank you . Mayor Wolosyn aske d if there was anyone else who wanted to speak durin g the Pub lic Hearin g . Th ere wa s no one . CO UN CIL M EMB ER WOODWAR D MOVE D, AND IT WAS SECOND ED , T O C LO SE T HE PUBLI C HEAR I NG T O GAT H E R INPU T ON C OUN CI L BIL L NO . 16 , PERTAININ G T O T H E NUMBER O F ANIMALS MAINTAINED AT A HOUSEHOLD OR PREMISES . Mayor W ol o syn asked if there was any further discussion . There was none . Vote results : Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None Motion carried and the public hearing closed . Council Member Barrentine said since there was some confusion, would you just say what the next step is after the Public Hearing , since obv iously there was confusion and also whether we were voting on it or not. Englewood City Council June 5, 2006 Page 7 Mayor Wolosyn said I thought everybody knew that we would be voting on this at our next scheduled meeting . Usually we never vote on the same night as the Public Hearing . (b) Mayor Wolosyn said this is a Public Hearing to gather input on Council Bill No . 19, pertaining to the South Pennsylvania Street Senior Housing Planned Unit Development (PUD) located at South Pennsylvania Street and Highway 285 in the City of Englewood . COUNCIL MEMBER BARRENTINE MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL N0.19, PERTAINING TO THE SOUTH PENNSYLVANIA STREET SENIOR HOUSING PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT SOUTH PENNSYLVANIA STREET AND HIGHWAY 285 IN THE CITY OF ENGLEWOOD. Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None Motion carried and the public hearing opened . All witnesses were duly sworn. Senior Planner Langon said before you tonight for your consideration is Council Bill No . 19, which perta ins to the South Pennsylvania Street Senior Housing Planned Unit Development. It is a request by the Englewood Housing Authority to rezone their site from the current MU-R-3-B zoning to PUD designation . I have already submitted, for the record, Proof of Publication for this Public Hearing in the Englewood Herald on May 19, 2006 and also Certification of Posting of the Public Hearing . Community Development recommends approval of the South Pennsylvania Street Senior Housing PUD with one condition . And that condition is that prior to any building permits being issued, that the three properties on the east side of South Pennsylvania Street be combined into a single property, pursuant to City of Englewood and Arapahoe County requirements . As you can see from the slide up here, the property is at South Pennsylvania Street and US Highway 285 . The two sites ... one is on the east side of Pennsylvania and one is the area on the west side . The total of the parcels is .8 acres . And the current zoning, as I said, is MU-R-3-B, which is a Mixed-Use Residential/Limited Office-Retail District. The PUD ordinance provides for rezoning of the site and creates its own zone district for this development. It unifies the control of the total of the four parcels into the one district and it establishes zoning and site plan criteria, specific to this site. There are two parts of the PUD . The first part is the District Plan, which sets the regulations ... the actual zone district regulations . And the other part is the Site Plan and that sets the site design and requirements . The PUD is being requested, even though the multi-unit residential use is allowed in the MU-R-3-B district , the request is to rezone the site, so that additional units may be built on the site, setbacks can be reduced and also that the MU -B-1 zone district commercial uses, that would be allowed in B-1 zone districts , would also be allowed on the western parcel. .. that is the parcel that you see currently shown as a parking lot. By way of background, the applicant conducted a neighborhood meeting on January 19, 2006 . That was a pre-application required meeting and two area residents attended that meeting . The actual application for the PUD was submitted on March 8th and the PUD was reviewed by the Development Review Team ... that is the team of seven reviewing departments or divisions in the City . All identified issues and concerns of the Development Review Team have been resolved to each department's satisfaction. A Public Hearing was conducted by the Planning and Zoning Commission on April 18th and the Commission recommended approval with four conditions . The original condition, that you see stated here tonight, and three additional conditions . Two of those have already been met by the applicant and those were just editing and correction to the Site Plan document. The third condition was also addressed and that was a condition that our Traffic Engineer review, again, the potential for a mid-block pedestrian crossing . Just to go over that ... the Traffic Engineer reviewed and determined again ... maintained his original recommendation that a mid-block crossing was first, too close to the intersection of Pennsylvania and the Highway and the stopping distance for turning vehicles was too short, if a vehicle came around the corner and was north bound on Pennsylvania . Drivers, he felt , would not be expecting a mid-block situation and it was actually creating a more dangerous situation than the idea of helping people cross at mid-block . Because of limited visibility, both by the driver who was coming around the corner ... not being able to see until they got around the corner and then possibly would be too late to stop ... and also for pedestrians that were waiting to cross , they may not be able to see cars that would be turn ing from Highway 285 . Also , if a m id-block crossing is put in , it loses parking space on the street an d wo uld affect res idents that are on that block . The Traffic Engineer felt that in the future it could certainly be Englewood City Council June 5, 2006 Page 8 an issue that could be reviewed again, depending on any incident history . But, at this time, he would maintain his original determination that a mid-block pedestrian crossing did not meet safety standards. So, just one condition, and that is the condition of combination of property of the east parcels ... that is the only condition that remains. The PUD itself is a building to allow independent, non-assisted living for seniors ... age and income qualified seniors . It is expected that this type of development would fill the gap between subsidized senior facilities, such as Simon Center or Orchard Place and private senior facilities such as Meridian . This will fill the gap between those two and it is designed for both age and income qualified seniors . The Housing Authority would probably be able to speak to that also . The Housing Authority plans to construct one building on the east parcel and that would contain a total of 62 residential units .. .40 units that are one bedroom units and 22 two bedroom units . It is a five story building that is planned at 60 feet, all on the east side of Pennsylvania . It has parking at grade, at ground level, with a total of 59 parking spaces ... 39 of which would be at grade on the east parcel and 20 on the west parcel. The parking ratio meets the City's standards for senior residential use . The MU-R-3-B district does currently allow for service uses for the convenience of tenants . Those would be hair dressers, gift shops ... but the way the ordinance reads, it says .. .for the convenience of tenants . What the Housing Authority is requesting is for full use of the MU-B-1 commercial uses , similar to those that would be in the down town district. That would not include any drive-thru or any automotive type uses . It would be commercial service and retail uses . And this is actually at a request from the Community Development Department to provide future flexibility for the parcel. .. one, because of its proximity to the B-1 zone district along South Logan, which is just across the alley to the west and also because of its frontage on US 285 .... this being a more appropriate use along the highway and adjacent to other commercial uses . This commercial use would only be for the west parcel. The east parcel would remain as the residential use . The Community Development Department believes that this PUD is consistent with the intent of the PUD criteria established in 16-2-7 Official Zoning Map Amendments (Rezoning). It meets community goal of housing that serves different life style changes . It specifically addresses the need for qualified senior housing and it conforms to City development standards . Therefore, Community Development recommends approval, with the condition that the properties on the east parcel be combined into a single lot. I will be happy to answer any questions. We have Shelley Thompson, Chairperson of the Englewood Housing Authority, here and also Mr. Otis Odell from Odell Architecture to answer questions . Mayor Wolosyn asked if there were any questions from Council. There were none . Shelley Thompson, an Englewood resident, said I am grateful for the opportunity to address the Council. I am here as the Chairperson of the Englewood Housing Authority and here to represent the entire Board of Directors . I am here to support this request for a Planned Unit Development rezoning for our proposed Senior development at the corner of US 285 and South Pennsylvania and to thank you also for waiving the permit and development fees applicable to the PUD rezoning . Thank you very much . We appreciate your generosity in that matter. Our proposed development is a fabulous five story , with 62 unit residences, which will be affordable to lower and moderate income seniors . We are very lucky tonight to have our architect.. .we think he walks on wate r. He is going to talk a little bit more, as only the architect can, about what a great building this will be for our community . Our development gives Englewood seniors an affordable option to remain in Englewood, as they downsize from their single family homes. It will also benefit the City by aiding in the revitalization of the area surrounding Swedish and improving the landscape along Highway 285 . The Boa rd wishes to reiterate our appreciation of ou r cooperative work in g relationship with the City . We sincerely hope that we can look forward to your continued partnership in this exciting endeavor . We can't wait. We are so excited . And , thank you again for your partnership . We appreciate it. Mayor Wolosyn said thank you Shelley. [Clerk's Note : Mr . Odell was using a slide presen tation as he was describing the development.] Otis Odell w ith Odell Arch itects said also here to night is Lee Mason , an Assoc iate with our company and the project manager for this development. We appreciate the opportunity to present this to you tonight. Mayb e some of you have heard the statistic in our country , every 8 seconds a baby boomer turns 60 . We have been involved in over 3,000 units of affordable hous ing and we are very close to this issue of affordable housing and sen ior hous ing . We recogn ize the need locally, as well as nationally . So th is facil ity is be ing designed to p rov ide 62 un its of age restr icted and affordable hous ing to accommodate that portion of the ag ing populat ion ---------~~~__,_,, _____ ---'-'. ________ ..___~----------a::....----,,_ ....... ""'-__________ =='--""'- Englewood City Council June 5, 2006 Page 9 that calls Englewood home . It is being designed with that population in m ind . As Tricia said, it is located at the corner of US 285 and South Pennsylvania . I want to go to the next slide and show how the parking circulation works . As you are proceeding north bound on Pennsylvania , the northern most access , into the building , is the entry into the parking level. So we are parking 39 cars below the building on grade and then you circulate through that parking area and exit back out onto Pennsylvania ... at the southern exit. We have aligned this exit with the entrance to the parking lot across the street , where we have 20 additional surface spots . And as Tr icia mentioned , we are meeting the parking requirements of the City of Englewood . The build ing incorporates a lot of outdoor space . So , what we are proposing is that even though we are asking for a 10 foot setback on the south side, we have set the building back nearly 30 feet and incorporated a commun ity garden at the southern edge of the site ... an opportunity for the residents to garden . We have used this idea , this concept , in another senior housing development and it has proven to be extremely successful in terms of br inging the resident population together and creating a great quality of life . There is also an outdoor deck , a patio , a space at the second level of the building, which is directly above the parking , creating an opportunity for residents to gather and to enjoy the east and southern sun in an outdoor space . And then, we also have created an upper level outdoor space at the corner of the building so that this location , where the views are very prominent and exciting , can be enjoyed by the entire building and not just a single resident at that corner . So, we have incorporated a significant quantity of outdoor space , including individual decks off the living units. Other characteristics that are appropriate for senior living include the close-in parking , the covered parking and a clearly defined entrance into the buil d ing. A couple of points that we wanted to make about the des ign ... we have a covered trash area and pick up at this location and each floor of the building , of course , is served by a trash chute for the residents, so they can drop their trash in the chute and then the whole trash operation becomes very tidy , undercover and controlled . We also have bicycle parking that is covered ... we are meet ing that criteria for bicycle parking on the site. As we looked at the building design , we wanted to carefully look at the massing and the context of the neighborhood . Th is is the proposed development at th is location . You can see that next door there is a building of simila r height and massing and that that similar massing is throughout the neighborhood and even crosses 285 . We think it is important that it respond to the context of the neighborhood . As we get to a smaller scale building here , our building tends to step down to the east and meet that building and also create opportunities for sunl ight to get into all the units as it steps down . Mr . Odell sa id we modeled the neighborhood and really looked carefully at the massing and the context. Mr . Odell pointed out the location of the proposed development on the slide . So , he said , we have g iven careful cons iderat ion for how it fits into the scale and mass ing of the existing context. Very quickly , what we developed here is a U-shaped plan , m inim izing the co rridors , putting the stairs on the inside so that they are not taking up the exter ior wall , capitalizing on all the glass that comes into the un its , creat ing more livab ility with in those units , and then using the opportun ity , where the corr idors intersect , to create more public or common space for the residents . A simple ide a. The build ing materials really helped art iculate the mass ing and the scale . We have a comb ination of materials ... prom inently on the west elevation ... toward Pennsylvan ia ... is br ick . And then we are a lso us ing st ucco and sid ing a s othe r exte ri o r ma te ria ls . Yo u can start to se e how exter ior decks also break up and articulate the exterior . The main body of the building is actually at 58 feet. Just belo w the 60 fo ot he ight requirement , there is an accent wall that extends up a couple of feet and then there is a stair tower that provides roof access that extends up to 64 feet. Here you can get a look at a conceptual sketch of the building from the southwest and now you can start to see how, through some shading devices, the use of materials and overall massing, the building scale is broken down and becomes quite understandable and articulate. And w ith the tree plantings, along both 285 and Pennsylvania, we create a significant pe destrian ex perience tha t is enj o yab le at the street level. Here you can see the stair that I was t alkin g a bou t, as it comes up to prov id e roo f access . So this is from the sou theast...285 ... in the alley ... and again yo u can start to see how th e bui ld ing ste ps giving opportunities for light to penetrate into the units and really resp on ding to some of the con text on the adjacent parcel. As we think about and listen to the Planning Departme nt of the City of Eng lew ood talk abo ut this idea of sub-area plans , this is truly an infill project and from the stan d point of community planning an d the c om munity planning prospective , we think this fits well within its context. And it responds well to the other uses and scale and massing that are in this immediate neighborhood and we see it as a really nice infill development that Englewood can be proud of and that the residents can really enjoy . Thank you . Mayo r Wolosyn asked if anybody had any quest ions . Englewood City Council June 5, 2006 Page 10 Council Member Barrentine said as I'm looking at this now ... l would be looking across the street from Hampden? Mr. Odell said correct. Ms . Barrentine said where in this does the retail go? Mr. Odell said, actually, the retail zoning is proposed only for this parcel. .. it is only for the western parcel across Pennsylvania where the parking lot occurs . Ms . Barrentine said on that side ... it is not connected with the building or underneath it.. .it is on the side where there is just a parking lot? Mr . Odell said that is correct. Ms . Barrentine said and where would it go , it couldn't go in the parking lot or it wouldn't be a parking lot anymore, so where is it? Mr. Odell said if there was any future development on that site, it would also have to address the requirement for parking for the residential bui lding . Ms . Barrentine said so it is not going in at the same time, we are not doing any retail now? Mr . Odell said correct. Ms . Barrentine said okay. Mr. Odell said we are just requesting that the zoning be put in place for any future flexibility. Ms . Barrentine said okay. Mayor Wolosyn asked if there were any other questions . Council Member Woodward said that was Community Development asking for that? Mr. Odell said it was initiated by Community Development and, again, as Tricia mentioned , in response to other uses that are in the neighborhood and to maintain flexibility for that portion of the site . Mr . Woodward said right. Council Member Barrentine said one more question . On this drawing here, are those the tops of the roofs that are like terraced out and there is building underneath some of those? Mr . Odell said that is right. Ms. Barrentine said is the building only the brown shaded area or is some of that terrace that I'm looking at , that's got the little white tile on them? Mr. Odell said there is occupied space ... residential living units below that. Ms . Barrentine said okay, only it is lower, so that you are doing the top of it like a terrace or patio? Mr. Odell said we are studying that opportunity. Ms. Barrentine said okay, I see, so it is only that actual center part that will be open as a court yard? Mr. Odell said this portion right here covers the parking structure and there is no living units below it , so it occurs at the second level. Ms . Barrentine said okay. Mr. Odell said that is the basis for the U-shaped plan . Ms . Barrentine sa id okay. Mr. Odell sa id does that help, does that make sense? Ms . Barrentine said yes , some of those have units under them so that makes sense. She said thank you. Mr. Odell said thank you . Mayor Wolosyn asked if there was anyone else who wanted to speak during the Public Hearing . There was no one else . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 19, PERTAINING TO THE SOUTH PENNSYLVANIA STREET SENIOR HOUSING PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT SOUTH PENNSYLVANIA STREET AND HIGHWAY 285 IN THE CITY OF ENGLEWOOD. Ayes : Council Members Barrent ine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oa kley Nays: None Motion carried and the public hearing closed . Mayor Wolosyn said I would like to thank everybody who testified at both Public Hearings . Thank you . 11 . Ordinances , Resolution and Motions (a) App roval of Ordinances on First Rea d ing (i) Director Kahm presented a recomme nd ati o n from the Department of Publ ic W orks to adopt a bill for an ordinance authorizing an Intergovernmental Agreement between the Colorado De partment of Transportation and the City of Englewood that pertains to financial commitments related to the design and construction of "South Broadway Streetscape-Tufts to Belleview'' project. He said the Broadway Streetscape project extends from Tufts Avenue to Belleview. The project was initially applied for under the ISTEA program in 1999, again in 2002, again in 2003 and at Council's direction we reapplied in 2005, under the new program , which Is the Safe Accountable Flexible Efficient Transportation Equity Act -Legacy for Users . We did receive funding under th is most recent program . That money would be available for design in 2007 and construction probably in 2008 . The scope of the project is , bas ically , to reconfigure the ex isting medians on South Englewood City Council June 5, 2006 Page 11 Broadway. We would add raised landscape planters, very similar to what we built on the north end of Broadway between Yale and Hampden , with some landscaping and irrigation. The project is an enhancement project. Typically, those are funded on an 80/20 match with the Federal government and in this particular instance there is a cap of $600,000 .00 on enhancement projects . To that end, Englewood's local match is a total of $269,000.00 , out of the total estimated cost of $869,000 .00 , with the Federal participation of $600,000 .00 . That money has been budgeted for two years now in the Public Improvement Fund . Again, the two primary purposes for this project were one : to improve safety along this reach of Broadway and second , to provide some reasonable level of landscaping to soften the South Broadway Streetscape . We will continuously keep in mind, as this project is designed , the ongoing drought conditions in Colorado, as well as the City's long and short term costs associated with maintaining landscaping . We will minimize those as best we can to make this an efficient project. Mayor Wolosyn asked if there were any questions for Mr. Kahm . There were none. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) • COUNCIL BILL NO. 23. COUNCIL BILL NO . 23 , INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL CONTRACT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND THE CITY OF ENGLEWOOD, COLORADO THAT PERTAINS TO FINANCIAL COMMITMENTS RELATED TO THE DESIGN AND CONSTRUCTION OF "SOUTH BROADWAY STREETSCAPE-TUFTS TO BELLEVIEW" PROJECT STE M395- 011, IN THE CITY OF ENGLEWOOD . Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore , Wolosyn, Woodward , Tomasso, Oakley Nays : None (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 9 -Consent Agenda .) (c) Resolutions and Motions (i) Director Kahm presented a recommendation from the Department of Public Works to adopt a resolution supporting the Englewood Environmental Foundation's dedication of a right-of-way on West Floyd Avenue . He said this is an interesting item . Again, I also represent EEF , the Englewood Environmental Foundation. Back in the mid-sixties, as Cinderella City was being developed, the City vacated a section of West Floyd Avenue ... particularly the area between Delaware and Cherokee . As the project came to fruition, the developer rededicated Floyd Avenue in its present configuration . This left a triangular shaped piece of property on the north side of Floyd between Delaware and right through Cherokee . A few years ago, as we were redeveloping Cinderella City, we formed the Englewood Environmental Foundation, and a couple of years ago , we had a property owner on Delaware and Floyd that approached us about wanting to build a fence that would encroach into the City right -of-way . When we looked into that , we found that that piece of property was , in fact , under the ownership of the Englewood Environmental Foundation ... we inherited it. So we got to looking at it and we also realized that for the past , roughly , 40 years , the south end of Cherokee Street , just north of Floyd, where we have a traffic signal and all , and the alley access point that goes across that paved parking area and the sidewalk on the other side of Floyd ... were on EEF property and not on the C ity right-of-way . It was never reded icated . So , at th is time what we are asking to do is support EEF in dedicat ing that Cherokee Street right- of-way, the Floyd right-of-way and the alley-way , back to the C ity . Englewood City Council June 5, 2006 Page 12 Mayor Wolosyn asked if there were any questions for Mr . Kahm . There were none. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 50, SERIES OF 2006. RESOLUTION NO . 50, SERIES OF 2006 A RESOLUTION SUPPORTING THE RIGHT-OF-WAY DEDICATION OF WEST FLOYD AVENUE AT SOUTH CHEROKEE STREET, THE ALLEY ACCESS AND SIDEWALK ALONG FLOYD AVENUE BY THE ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC . TO THE CITY OF ENGLEWOOD, COLORADO . Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Motion carried . Ayes: Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None (ii) Director Kahm presented a recommendation from the Department of Public Works to adopt a resolution supporting the Englewood Environmental Foundation's grant of a license to Rodger Gilson for use of property adjacent to 3290 South Delaware Street. He said in conjunction with the previous piece, a couple of years ago Mr . Gilson, who lives at the corner of Floyd and Delaware, approached us about just wanting to encroach out into ... what he thought was public right-of-way, but it turned out to be EEF property ... a few feet for a fence . As we got to looking at it and discussing it with him, what he has on the south side of his property is this narrow triangular asphalt piece of property. With some discussions, he became curious as to whether or not he couldn't do something with that to soften up that side of his property. So, as EEF looked at it, we don't see any use for that property right now by EEF or by the City, in the near future. So , we are recommending that we be allowed to exercise a license with him that would allow him to ... basically, it is from the west edge of his garage back over to Delaware and include that piece of property in his yard .. .fence it and maintain it. What we are proposing is, a license that starts out with a three year term and then would be renewable annually, assuming things are going well. Mayor Wolosyn asked if there were any questions . Council Member Woodward said I drove by that site today and I am just curious , as you said, it is all pavement. Do you know what he intends to do with that? Mr. Kahm said I do. Mr. Woodward said I understand he is going to put a fence out to the sidewalk or to ... Mr. Kahm said he will stop short of the sidewalk ... probably about a foot and a half, from our discussion ... it will be a privacy fence that will run north and south from his garage out to Floyd and then will run west over to Delaware . As he gets to the front edge of his house, the ordinance will require the fence to be lowered to, I believe 36" or 42", I'm not sure what that fence ordinance actually requires, but he w ill lo wer that down . And then on the inside of that he will landscape it, he will sod it and it will become part of his yard . Mr. Woodward said he will landscape it and what? Mr. Kahm sa id landscape it and put sod in . Mr. Woodward said okay, so then he intends to remove the asphalt? Mr. Kahm said in the original discussion with him, EEF is going to remove the asphalt and as a condition of this , he will absorb the sidewalk on Floyd Avenue as part of the concrete utility program . Mayor Wolosyn asked if there were any other questions . Council Member Woodward said so we've got a six foot privacy fence running the distance from, basically , his garage, going to the south and then back to Delaware ... is what I hear? Mr. Kahm said it will stop short of Delaware because of the site triangle at Delaware . Mr . Woodward said okay. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Ii) • RESOLUTION NO . 51, SERIES OF 2006 . Englewood City Council June 5, 2006 Page 13 RESOLUTION NO. 51, SERIES OF 2006 A RESOLUTION SUPPORTING THE ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC . (EEF) GRANTING RODGER GILSON A LICENSE TO USE PROPERTY ADJACENT TO 3290 SOUTH DELAWARE STREET, ENGLEWOOD, COLORADO. Mayor Wolosyn asked if there was any discussion. There was none . Vote results: Motion carried. Ayes: Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays: None Director Kahm said thank you very much. Mayor Wolosyn said thank you Rick . (iii) Director Black presented a recommendation from the Department of Parks and Recreation to approve, by motion, a cooperative agreement with Englewood Unleashed that clarifies roles and responsibilities of each of the parties . He said several weeks ago Michael Flaherty, Deputy City Manager, and I presented a copy of this draft to City Council and we went through a number of issues that were in there . I think you are aware of the informal agreement, or partnership , that we have had with Englewood Unleashed for several years . A number of the members of Englewood Unleashed were involved with the Dog Park Task Force that Council charged a group to, to form a formal dog park . They have been involved with that, they have been involved with the Parks and Recreation Commission and they have spoken, on a number of occasions, to City Council. What this agreement does is formalize the relationship between the City and the non-profit. The jest of the agreement, basically, is that they will help provide maintenance and do fund raising for improvements to the park . In particular , now they are selling brick pavers to help support the project and the Parks and Recreation Commission also charged Englewood Unleashed with coming up with a name, or a list of names, to be presented to the Parks and Recreation Commission, which they will narrow down and forward a list to City Council to name the new dog park . So, we are very excited about this partnership with this group . I think you heard a number of these people talk earlier about their passion, their commitment and I think you have all seen that over the last couple of years . I would be happy to answer any questions that you may have on the agreement. Mayor Wolosyn asked if there were any questions for Mr. Black . There were none. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii) • A COOPERATIVE AGREEMENT WITH ENGLEWOOD UNLEASHED THAT CLARIFIES ROLES AND RESPONSIBILITIES OF EACH OF THE PARTIES. Mayor Wolosyn asked if there was any discussion . Mayor Wolosyn said I have one point of discussion . Thank you for addressing the issues I had with it. Vote results: Mot ion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward, Tomasso , Oakley Nays : None Mayor Wolosyn said thank you . 12 . General Discussion Englewood City Council June 5, 2006 Page 14 (a) Mayor's Choice (i) Mayor Wolosyn said we have the issue that we are going to address in Study Session on our e-mail accounts . I think we can make this brief and rather s imple . In this memorandum from Leigh Ann , we have a number of options that each one of us can , on our own , subscribe to . Right now we have the generic e-mail accounts that are on the Web and somebody can click on under the Mayor and say "contact the Mayor" or "contact Council Member Barrentine", but it goes to this general web site and then Leigh Ann directs it to us . I personally like that , because a lot of times it is somebody asking for simple information that , if it came to me , it would be a burden for me ... it would just add one more layer for me to kick it back to staff. However, some people have expressed interest in having it go direct to their account and I think the conclusion we had, when we were discussing this, is that each one of us ... and correct me if I am wrong Dan and Gary ... can have an option and that would be our responsibility to take care of that. Is there anybody who wants to discuss it? Council Member Woodward said of the four options, the last one ... the use of the City e-mail accounts ... l personally would choose that if...l think what brought this up was an e-mail that was addressed to Bob that ended up coming across to everybody, which was kind of a surprise in that when you look at your name on the web site with an e-mail address , I think it is almost implied that that is going to go to you if you hit that and get an e-mail. So , for my personal choice , I would choose the very last one and have an e-mail sent directly to my C ity account. I understand that there may be some open record laws with that and I feel fine about that. I don 't have any problem with that. That is my op inion. Mayor Wolosyn said are you making that a Council request? Mr. Woodward said that would be a request for myself, yes . Council Member Barrentine said the only concern that I have in bringing up part of what you have already addressed , is that it gives people the impression that they are sending you something that is only going to you . So, I don't mind the open records act or anything with the City either ... however, people are under the m istaken impression that when they send something, it is only going to go to me or to you , that they may be able to go ahead and vent or present an idea or something with some amount of pr ivacy . Then , obviously , we all have a choice then if we want to send it on to staff or do something else . I would only request that , that directs them that if they choose that option that it may not just go to that person d irectly . Mayor Wolosyn said I think I will speak for Leigh Ann . The incident with Bob is the only time it ever happened and it was an odd set of c ircumstances . And that is what , indeed , opened th is whole d iscuss ion , because I did think th ings came d irectly to me , but since they went through the web , and she is the web master , she saw them . Council Member Barrentine said I was pretty aware of that, but I have had the comment made to me a couple of times ... that situation totally aside ... that people were uncomfortable using it when they found out that it did go through that process. So , only that they found out after the fact , so if it would just let them know that if they use that option, or ... I have my e-mail, my direct line there , so as long as it would give them the option to say ... if you want to sen d this direc tly to them, that they know and if otherwise ... She said I am not talking about his situati o n, I am talki ng a bo ut w ha t other co mments tha t ha ve been made . There are peo ple who di d not feel com fort able usi ng it , on ce they fo und out. Council Member W oodward said there can still be the option on the we b site that says , all of Council. .. l mean you click that button and then you know that you are sending something to everybody on Council. But if I want to send something to John or Ray or Bob or you , or anybo dy , then I want to know that I press that bu tton an d I'm send ing it to you . Mayor Wolosyn said can we agree that we will each go and pursue it and I'll talk to Leigh Ann about a thing that says the Web Master may review ... under other ones . Ms . Barrentine said okay ... thanks . Mayor Wolosyn said that sounds great. Englewood City Council June 5, 2006 Page 15 (ii) Mayor Wolosyn said Gary and I were talking and he pointed out an article in Colorado Municipalities about the growing number of cities in Colorado that have foreign sister cities and since he is going to Germany and since the City Manager of the town he is visiting has been here, I asked him to give me a little more information about the town and about sister cities .. .for another meeting ... probably our next meeting ... so that we can discuss if we want to have a sister city with this German town . (iii) Mayor Wolosyn said on Thursday I am going to have surgery to remove a bladder stone. It is an outpatient process at Kaiser up on Franklin Street. Even though it is not supposed to be a long recovery, depending on how I feel, I may take off next Monday for the scheduled Boards and Commissions interviews. I have to worry about my health . (b) Council Members' Choice (i) Council Member Barrentine : 1. She said I wanted to thank the Englewood Housing Authority. I like the work they have done on this project and the direction it is going and the Community Development Department and their work on it. 2 . She said also with Community Development. .. ( know we are still only in the process, but there has been a lot of work done on this BID and I wanted to thank Community Development, especially Darren, on the way he has worked with the merchants and moving this forward . Where it goes from here is up to all of us, but I appreciate the work that it has taken to get this far . (ii) Council Member Mccaslin said I don't know how many of you received this letter from a company called "Wipeout Graffiti." I received it and talked to the gentleman who is President of Wipeout Graffiti and he is working with the City of Arvada . They have a product from Australia that is really working well. He just would like to come and give a presentation to Council, and maybe let the business owners in Englewood know that this is available to them. I am sure we couldn't afford his services and you know, he is not asking for us to hire him to wipe out our graffiti. He was really interested in helping us out with graffiti, so if you would want us to invite him, give me some direction. City Manager Sears said we could do a Study Session ... we could have him come to a Study Session if you would like . Mr. Mccaslin said okay. Council Member Barrentine said could we broaden it just a little bit, so that we are not just focusing on this ... if Public Works had an opportunity to identify some other alternatives, or companies or styles or whatever we use and I would like to get it all at one time, at one meeting . Council Member Woodward said I think Public Works and Code Enforcement. .. And, Mayor Wolosyn said , just a review of how we deal with graffiti, because we do have a plan . Ms. Barrentine said if we could do it all at one time, that would be great. Council Member Tomasso said and if we could invite the School District too, because they have a graffiti problem . Mayor Wolosyn said that is a good idea Ray. Council Member Oakley said I have been wa itin g for an opportunity to talk about graffiti, so I am totally, heartily support that. 13 . City Manager's Report City Manager Sears did not have any matters to bring before Council. 14 . City Attorney's Report (a) City Attorney Brotzman said we will be bringing the Public Hearing for the BID forward on July 101h to determine sufficiency, as discussed in Study Session . Englewood City Council June 5, 2006 Page 16 15. Adjournment LOSYN MOVED TO ADJOURN. The meeting adjourned at 8 :48 p.m . 1. 2. 3. 4. 5. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, June 5, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. '7: b~ Invocation.~ Pledge of Allegiance. ~ Roll Call. M_ I)~ Consideration of Minutes of Pre v ious Session. /)£lbj 1 0 a. Minutes from the Regular City Council meeting of May 15 , 209§~ . w~ ~~-11;-~~-tMur~~I?~ 6. Recogniti~;roTs~ul;d-Public Comment. (Please limit yo ur presentation to ten minutes .) /h,J{~g~zen Janice Gerfen will be present to discuss art in Englewood . ' 7. Recognition of Unscheduled Publi c Comment. (Please limit your presentation to five minutes. Time for unscheduled public comment may be limited to 45 minutes and if limited shall be continued to General Discussion .) ff 8. Communications, Proclamations, and Appointments. ~oa. A memorandum from Dooley Gehr, Chair of the Code Enforcement Advisory Committ e, ~ecomrnending remo val of an alternate member.~ b. An -mail from Cornelia Humphreys j~oun~ing her ~esignation from the Keep En lewood Beautiful Commission . t/11 ~ ?-D Ple.1 C' 11 Englewood City Council Agenda June 5, 2006 Page 2 /Jl:JhJJ 1)-o_ ~~ ~ tt.ehJ>klJC ('f)/Jggr A?M/J/J-~. vrr vr 9. Consent Agenda Items. ,-r ...-v CJ'ai 1i' //i ~ 9 6-/ // //! ./ / J J a. Approval of Ordinances on First Reading. i. Council Bill No. 20 -Recommendation from the Department of Safety Services to adopt a Bill for an· Ordinance authorizing the acceptance of a Victim Assistance Law Enforcement Grant for 2006. STAFF SOURCE: Chris Olson, Director of Safety Services. ii. Council Bill No. 21 -Recommendation from the Department of Public Works to adopt a Bill for an .. Ordinance authorizing an Intergovernmental Agreement regarding property acquisition and construction of a maintenance trail, Big Dry Creek, between the City of Englewood and the Urban Drainage and the Flood Control District. STAFF SOURCE: Rick Kahm, Director of Public Works. iii. Council Bill No. 22 -Recommendation from the Department of Public Works to adopt a Bill for an"Urdinance authorizing an Intergovernmental Agreement regarding design and construction of maintenance improvements to West Harvard Gulch between the City of Englewood and the Urban Drainage and the Flood Control District. STAFF SOURCE: Rick Kahm, Director of Public Works. b. Approva l of Ordinances on Second Reading. i. Council Bill No. 1 5, authorizing the execution of an Intergovernmental Agreement with Arapahoe Community College/Area Career and Technical School for the 2006/2007 school year to build one single-family residence at 2360 South Zuni Street in Englewood. ii . Council Bill No. 1 7, amending Sections of the Englewood Municipal Code 2000 pertaining to costs and penalties in Municipal Court. iii. Council Bill No. 18, amending Section 7-6 B-11 of the Englewood Municipal Code 2000 pertaining to Poli ce and Fire Alarm System Reports . c. Resolutions and Motions. ff' Publi c Hearing It ems . tllr/)j f).._0 /}t.,Mu_.AuJt;.t_j °tT · J.. 1//JA/~ Public Hearing to gath;(;lp~; on Council Bill N°;,]!Jfj}/n~ :.._--:;:_'b animals maintained at a household or premises. "T~ ~ ~/UV~ "Cl Publi c H aring to gather input on Council Bill No. 19 , pert~ South • Penns I ania Street Senior Housing Plann ed Unit D e elopment (PUD ) loca ted at South o/3/tl?~~'f!E:tr~ 6TIS O!JE-LL ?-0 ~~e,.t:Q,~~re,,,rl¥ ~--------- Pl ea~ .. Englewood City Council Agenda June 5, 2006 Page 3 11 . Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. i. °tfJ'l-0 Council Bill No. 23 -Recommendation from the Department of Public Works to adopt a Bill for an Ordinance authorizing an Intergovernmental Agreement between the Colorado Department of Transportation and the City of Englewood that pertains to financial commitments related to the design and construction of "South Broadway Streetscape-Tufts to ~l~~ie:-V" pr~ect. STAFF SOURCE: Rick Kahm, Director of Public Works. d1 fU44-l) b. Appnj3...5i Ordinances on Second Reading. C. Resolutions and Motions. ~Q-~ II . Recommendation from the Department of Public Works to adopt a Resolution supporting the Englewood Environmental Foundation's dedication of a right-of-wa¥ __ , •. _ _ , on West Floyd Avenue. STAFF SOURCE: Rick Kahm, Director of Public WorksUJFMltlfRA_ Recommendation from the Department of Public Works to adopt a Resolution supporting the Englewood Environmental Foundation's grant of a license to Rodger Gilson for use of property adjacent to 3290 ~th Delaware Street. STAFF SOURCE: Rick Kahm, Director of Public Works. Ot~ ~;}'7-0··· Recommendation from the Department of Parks and Recreation to approve, by Motion, a cooperative agreement with Englewood Unleashed that clarifies roles and responsibilities of each o the parties . STAFF SOURCE: Jerrell Black, Director Ill . ~'l-D of Parks and Recreation. 1 2. General Discussion . a. Mayor's Choice. b. Council Members' Choice. 13 . City Manager's Report. 14. City Attorney's Report. 1 5 . Adjournment. [f:t/f ~ Englewood City Council Agenda June 5, 2006 Page 4 The following minutes were transmitted to City Council during the month of May 2006. • Cultural Arts Commission Meeting of April 5, 2006. • Non-Emergency Employees Retirement Board meetings of November 8, 2005, and February 14 and March 29, 2006. • Parks and Recreation Commission Meeting of April 13, 2006. • Englewood Public Library meeting of April 11, 2006. • Transportation Advisory Committee meeting of April 13, 2006. I • 1. 2. 3. 4. 5. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL Monday, June 5, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkwa y Englewood, CO 80110 Call to order. '7: bt/ ~ Invocation.~ Pledge of Allegiance. ~ Roll Call. @ I)~ Consideration of Minutes of Pre vious Session. /JJ::;b) 1 0 a. Minutes from the Regular City Council meeting of May 1.5, 209~~ . u~-~ ~~~~/11~-~~~~~ 6. Recogniti~fSchedu-l;dPublic Comment. (Please limit you r presentation to ten minutes.) ./hJ{~g~zen Janice Gerien will be present to discuss art in Englewood. 7. Recognition of Unscheduled Publi c Comment. (P lease limit yo ur presentation to five minutes. Time for unscheduled public comment may be limited to 45 minutes and if limited shall be continued to General Discussion .) fr 8. Communications, Proclamations , and Appointments. ~o·· A memorandum from Dooley Gehr, Chair of the Code Enforcement Advisory Committee, :ecommending remo va l of an alternate member.~ b. An e-mail from Cornelia Humphreys j~oun~ing her ~esignation from the Keep Englewood Beau tiful Commission . I/{/~ ?-D Please not : If yo u have a di abi lity and n ed auxi li ary aids or serv ices , please noti fy th e City of Englewood ( 03 -7 62 --40 7) at least 48 hours in advance of when service are needed. Thank you . Englewood City Council Agenda June 5, 2006 Page 2 /)bh_ll 1-o ~~ ~ h}/J))kfjt:_ ~JJ~ ~/:l)Jft ~ .. vrr V, 9 . Consent Agenda Items . fr -1 t1;. 1i" ;ii~ 9 6-/ II /II ./ / J .J a. Approval of Ordinances on First Reading. i. Council Bill No. 20 -Recommendation from the Department of Safety Services to adopt a 8111 for an' Ordinance authorizing the acceptance of a Victim Assistance Law Enforcement Grant for 2006. STAFF SOURCE: Chris Olson, Director of Safety Services. ii. Council Bill No. 21 -Recommendation from the Department of Public Works to adopt a Bili for an .. Ordinance authorizing an Intergovernmental Agreement regarding property acquisition and construction of a maintenance trail, Big Dry Creek, between the City of Englewood and the Urban Drainage and the Flood Control District. STAFF SOURCE: Rick Kahm, Director of Public Works. iii. Council Bill No. 22 -Recommendation from the Department of Public Works to adopt a Bill for an"Drdinance authorizing an lnte!rgovernmental Agreement regarding design and construction of maintenance improvements to West Harva rd Gulch between the City of Englewood and the Urban Drainage and the Flood Control District. STAFF SOURCE: Rick Kahm, Director of Public Works. b . Approva l of Ordinances on Second Reading. i. Council Bill No. 15, authorizing the execution of an Intergovernmental Agreement with Arapahoe Community College/Area Career and Technical School for the 2006/2007 school year to build one single-family residence at 2360 South Zuni Street in Englewood. ii. Council Bill No. 17, amending Sections of the Englewood Municipal Code 2000 pertaining to costs and penalties in Municipal Court. iii . Council Bill No. 18, amending Section 7-6B-11 of the Englewood Municipal Code 2000 pertaining to Police and Fire Alarm System Reports . c. Re so luti ons and Motions. ~ Publi c Hearing Items . ~ F?-(} !}tMu_~j tT -· J.. I Ah/;. Public Hearing to gath;(;tp~; on Council Bill N°i,~fj_'/n~ :._-:; :.._'b animals maintained at a hous ehold or premises . 7'~ ~ !::MIUV~ '<I Publi c Hearing to ga th er input on Council Bill No. 19 , pert~ South Penns y lvania Street Senior Housin g Plann ed Unit De ve lopment (PUD) located at South crf4 ?~1~~a~]85 int~~))'; EJ~l!~~~d. SHCLU Y if!OIIIPSIJr~-0, ... ~-• k OTIS ODuL-'l-0 ~;.Jf(MIIC.-U 1t.;LQ .. ~ZQ-(,l'C,,t ,----------- Englewood City Council Agenda June 5, 2006 Page 3 11. Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading . b. C. i. Council Bill No. 23 -Recommendation from the Department of Public Works to adopt a Bili for an Ordinance authorizing an Intergovernmental Agreement between the Colorado Department of Transportation and the City of Englewood that pertains to financial commitments related to the design and construction of "South Broadway Streetscape-Tufts to ~l~~ie:-V" pr<:_ject. STAFF SOURCE: Rick Kahm, Director of Public Works. d1 rtl4J4-l) Appr~f Ordinances on Second Reading. Resolutions and Motions. Recommendation from the Department of Public Works to adopt a Resolution supporting the Englewood Environmental Foundation's dedication of a right-of-wa} .__ 1 ,. _ _ 1 on West Floyd Avenue. STAFF SOURCE: Rick Kahm, Director of Public Workst,{)F~ Recommendation from the Department of Public Works to adopt a Resolution supporting the Englewood Environmental Foundation 's grant of a license to Rodger Gilson for use of property adjacent to 3290 ~th Delaware Street. STAFF SOURCE: Rick Kahm, Director of Public Works. Ol~ o/1fJ'l-O Recommendation from the Department of Parks and Recreation to approve, by Motion, a cooperative agreement with Englewood Unleashed that clarifies roles and responsibilities of each o the parties . STAFF SOURCE: Jerrell Black, Director of Parks and Recreation. 12. General Discussion . a. Mayor's Choice. b. Co un ci l M embe rs' Ch oice. 13 . City Manager's Repor t. 14. City A tto rn ey's Rep o rt. 1 5. Adjournment. o:'1-f! r---- Englewood City Council Agenda June 5, 2006 Page 4 The following minutes were transmitted to City Council during the month of May 2006. • Cultural Arts Commission Meeting of April 5, 2006. • Non·Emergency Employees Retirement Board meetings of November 8, 2005, and February 14 and March 29, 2006. • Parks and Recreation Commission Meeting of April 13, 2006. • Englewood Public Library meeting of April 11 , 2006. • Transportation Advisory Committee meeting of April 13, 2006. Pleil note : If you have a rfc;ability and n d auxiliary aid or (3 03 -762 ·2 407 , least 48 hours in advance of wh n PUBLIC COMMENT ROSTER AGENDA ITEM 7 -.. -.., -...----·-- •. ",,.. ~ .. ... . ft, . •~.' DATE: June 5, 2006 PLEASE PRINT ..... N ...... AM __ E=-------A=D-=D.:..:.R=ES=S~---------··. I J d, ::;> NAME ADDRESS TOPIC 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session May 15 , 2006 ________ ...,__ The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7 :32 p .m . 2 . Invocation The invocation was given by Council Member Barrentine . 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4 . Roll Call Presen t: Absent: Counc il Members Tomasso , Moore, Barrentine , Oakley , Mccaslin , Woodward , Wolosyn None A quorum was present. Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Director Olson , Safety Services Municipal Court Administrator Wolfe Director Kahm , Public Works Economic Development Coordinator Hollingsworth, Community Development Manager of Admin istration Bock , Utilities Senior Planner Langon , Commun ity Development Director Gryglewicz , Finance and Administrative Service Director Black , Parks and Recreation Ope n Sp ace Ma nager Lee, Parks and Recreation Police Commander Sanchez, Safety Services Fire Division Operations Chief Pattarozzi, Safety Services 5 . Cons iderati on of M inutes of Prev ious Sess ion (a) COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 1, 2006. Mayor Wolosyn asked if there was any discussion. There was none. Vote res ults: Mot ion earned . Ayes : Council Members Barrentine , Mccaslin, Moore, Wolosyn, W oodward, Tomasso , Oakley Nays : None 6 . Recognition of Scheduled Public Comment Englewood City Council May 15, 2006 Page2 (a) Mike Pattarozzi sa id I am the Operations Chief for the Fire Divis ion and I have the honor tonight to present to you Mr . David Twigg . On April 5t h of this year , the Fire Division was dispatched to a possible structure f ire in the 3800 block of South Logan . When our people arr ived they found that a mystery man had walked in the house and placed the lid of a barbecue gr ill on top of the oil and grease that was burn ing on the stove top and then t his person d isappeared . Some more invest igation found that Mr. Twigg , who is a security guard at Flood Middle School , was walking down the alley , saw the smoke , heard a smoke alarm , saw the smoke coming from the house , walked up to the back door , yelled "i s anybody in there?" Residents who had evacuated the house to the front yard, yelled "we are all out and everyone is safe " ... he looked around and using his head , saw the lid to a smoker grill, picked it up and walked in the house and placed it over the fire , containing it unti l our people could come in and finish the job. It is the op inion of the people who were first in , that if Mr. Twigg had not done this that the fire would have extended to the cabinets in the kitchen and fully involved the kitchen and possibly extended into the rest of the house . So , Mr . Twigg, if you would come forward please . Chief Pattarozzi said on behalf of the Department of Safety Services , we would like to thank you for your actions on that day and present you with this Certification of Appreciation . There was applause . Mayor Wolosyn said I would like to also thank you, on behalf of Council , for helping make Englewood a safe r place . Thank you. Mr. Twigg sa id I'm just glad I was there to help . Council Member Barrentine sa id as we have heard on the news about a lot of firefighters who have been in j ured lately trying to contain small house fires , you never know who else you might have saved . We appreciate that you took that risk . (b) Brian Taylor , President of the Englewood Police Benefit Association , was scheduled to add ress City Council regarding upcoming contract negotiat ions. Mayor Wolosyn sa id the City received not ice that he would not be here tonight. (c) Mayor Wolosyn sa id Tom Mansfield and Mary Kay Mansfield are here to address City Council regarding drainage problems caused by movement of the road in front of 3345 South Platte River Drive . Mr . Mansfield sa id I own a property at 3345 South Platte River Drive and the reason that I have asked to address the Council tonight is that we have spent the last two months , basically , trying to get information o n a pro jec t that intends to move the road in front of our property. I think the easiest way to give you what my prob lem is , is to read the le tter that I wrote to the Commun ity Development Department on March 27th ... almost 7 week s ago. I a ddressed it to Mr . Robert Simpson . It says : Dear Mr . Simpson , in 1976 I purchased a property at 3345 So uth Platte River Dri ve. This property is located in th e City of Sh eridan , Co lorado . At th is ti me th e pavement on Platte River Drive st opped north of the property line of 3333 South Platte River Drive. During this time we contacted Englewood about paving the road . We were informed that the road in front of our property belonged to the City of Sheridan . W hen we contacted the City of Sheridan, we were informed that they did not have sufficient funds to pave the road . The road remaine d di rt for se veral years . W hen it was fi n ally paved the road was crested , so that rai n wate r and s now ru noff drained into ou r prop erty . T he shoulder of th e road deteriorated as a res ult of imprope r dra inage systems . Th is caused severe problems for us and our bus iness, as UPS and f rei ght de livery truc ks were cons tantly getting st uck trying to ge t from the road to ou r propert y . Finally about 8 years ago , I c on tac ted th e City of Sh eri dan an d a sked if we could pav e t he d is ta n ce between o ur property and the road, to stabilize th e sh ou lder a nd all ow access to our parki ng lot. Af te r recei vi ng the blessing of the C ity of Sheridan, we paved this area . This pa v in g, in fac t , has mai ntai ned th e integ rity of t he road since we completed the pavement , but d id not solve the drai nage probl ems caused by the ori g inal road grade . The City of Englewood has not maintained this road from 3333 South Platte River Dri ve to approximately the cross street of Girard . It isn't even plowed in the winter . I sent them pictures which show the drainage problems , pot holes and th ings that exist in this road in front of my property. It comes to our attention that the City of Engle wood is going to install another walking path next to the existing path on Platte River Drive . When they do th is, they inte nd to move the road to the west. On March 8 , 2006 , I met with Mark Graham of the City of Englewood, Community Development Department , to try to find out what impact this project would have on my business and property. To describe th is meeting as adversarial would be an understatement. I basically was ; • (_ Englewood City Council May 15, 2006 Page3 informed that the pavement and sign we paid for and our employees were tr spasslng on the right-of-way of the City of Englewood. Since I did not agree to this project, it was demand d that I leave the offices of Englewood and if I did not leave, I would be escorted from the property . When I Inquired as to the reimbursement for the pavement that we provided , which stabilized the road bed, how we w r going to access our property during the project and if Englewood replaced the road ... repairing the det riorating pavement and proper ground water drainage facilities ... I was told it was not in the budget. Is the road going 10 be moved and another dirt shoulder installed or is the pavement going to remain to the new road? Th w r my questions. Englewood Community Development led my wife and me lo believe that all communities, throughout which this path ran, were participating in this project and Englewood had to part1clpa1 10 be proactive. In fact, we understand the City of Sheridan is not going to participate in this project and has not au th orized this project beyond the road of Oxford. The City of Sheridan is presently proposing a Special Improvement District to provide storm water drains and improve roads to comply with current EPA requirements . As owners, we would participate in the funding of this project. We cannot, however, part icipate If th road upplying access to our property is not going to be properly built, because it belongs to the City of Englewood. We herewith formally request Englewood to stop this trail project, and movement of the road , until proper road drainage pavement and design meets today 's environmental and safety standards . The enclosed pictures mph size our concerns. As I said, I sent this seven weeks ago as a registered letter and two week s ago, I finally had to call Mr. Simpson and ask him if he could give me any answers to any of my quest ions and was told , no, he had to discuss this with the City Attorn ey and that he would get back to me on Thursday ... w ek and a half ago. I have never heard from anybody again . That is why we are here . We are trying to find out how we sit on this . In discussing this with Sheridan, if we pass this special bond issue of th eirs. th y are not going to do anything for ground water drainage in my area, they are not going to do anything about curbs and gutters, because you guys own the street. There are only two blocks of this little street th at Is owned by Englewood and the people who own property on the other side are in Sheridan . So. we are kind of stuck In limbo here . And so all I have asked is if you are going to move the road, will you put in gutters and will you make it so that the drainage problems are solved? I can't even get an answer as to when you ar going to do it , what impact it is going to have on my property ... ! have a business that I run there . W e have to have access ... trucks in and out of there and I can 't get any answers, so that is why I came and asked to talk to you guys . Mayor Wolosyn said thank you and I will make sur that Comm unity Development gets in touch with you and brings you up to date on the status of some of th particulars that you just mentioned. Mr. Mansfield said I am also a contractor and providing the boilers for your Littleton/Englewood sewage treatment plant over here and have serviced you guys for about thirty years . If I bid someth ing In the City of Englewood, I have to bring it up to today's codes and standards and th at 1s my quest1on ... when you move this road, don't you have to bring it up to today's standards? Mayor Wolosyn said you will be contacted, thank you. Mr. Mansfield said thank you. 7. Recognition of Unscheduled Public Comment (a) Doug Cohn , 3051 South M non Street, said I wanted to talk to you for just a few minutes about Positively Englewood and the goll tournam nl that 1s coming up in about three weeks. You have in your packet tonight the little green thing and a background Information sheet on Positively Englewood. My compatriot here will be talking to you in a couple of minutes about another part. Positively Englewood is a combination of citizens and business guys and I guess you would call us a charitable group. We are interested in providing scholarships for people in the Recreation Department who have a need and the golf tournament is the main fundraiser that we have for the year. As we were talking about the golf tournament, I got to thinking, which department in the City could field the best golf team and would have the boasting rights for the whole summer? I would like to challenge you all to think about putting together a team of golfing folks and come and join us on Monday, June 12 1 h and have some fun and help us with our project of helping kids in the Recreation Department. Thank you . Mayor Wolosyn said thank you Doug . (. (b) Robert Maofrs~outh Sherman Street, said I am going to quickly read through a letter we received from Gary Hultberg , the Manager of Recreation, "Dear Members of the Board, I am pleased to report to you the final 2005 Recreation scholarship statistics. Fifty-two individual scholarships were awarded between June 201 h and December 31 1 2005 . The total value of the scholarships was $2,350 .00, which is an average of Englewood City Council May 15, 2006 Page4 $45.00 per award . These deserving individuals may not have had the opportunity to participate in recreational programs if It wasn't for the volunteer efforts of Positively Englewood . I have experienced first hand the benefit scholarship support has had on my Englewood families . On behalf of the recipients , I would like to thank Positively Englewood and your sponsors for choosing Englewood Parks and Recreation Scholarship Fund as your golf tournament beneficiary." Thanks again for your attention. (c) Melody Ramsey said I live in Denver now, at 1535 South Hazel Court. I have become affiliated, kind of peripherally, with the Positively Englewood people and I want to let you know that it is a great bunch of folks . And the reason I am affiliated with them ... what appealed to me ... as I was a poor kid growing up in Englewood, and it just really resonated that they are helping kids , giving scholarships so that they have recreational opportunities. So , I wanted to reiterate Doug's challenge to see how many of the folks here on the City Council could either field golfers or sponsor holes or demonstrate what, for me, when I was a kid ... about a hundred years ago ... was just a really great City spirit. We are also working on some other projects later on to have Englewood Days. And so, I just thought it was a great thing ... it was like coming home for me. Thank you for your attention and time . 8. Communications, Proclamations and Appointments (a) A proclamation declaring the week of May 21 through May 27, 2006 as National Public Works Week was considered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING THE WEEK OF MAY 21 THROUGH MAY 27, 2006 AS NATIONAL PUBLIC WORKS WEEK. Mayor Wolosyn asked if there was any discussion. There was none. Mayor Wolosyn said I might add that I just picked up this book that has just been published about Public Works in New York City. The whole maze of systems that come together under the rubric of Public Works, to keep a city going ... they do deserve a proclamation for excellence . Vote results: Motion carried. Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso , Oakley Nays: None Mayor Wolosyn asked if there was anyone here to accept the proclamation . Mr. Kahm said Mayor, if I could , as the Public Works Director. I thank you for recognizing National Public Works week . We are fortunate to have so many qualified and dedicated folks working for Public Works . Accepting on behalf of the Department and the individual divisions and their employees , I have Pat Wh ite of the Serv icen ter Division and the garage , Jim Kavinsky runs the Servicenter and Building Maintenance , Ladd Vostry our Traffic Engineer, Dave Henderson our Engineering and Capital Projects Administrator and Del Montgomery our Streets Administrator . I would also like to point out ... when talking about service to the City ... Del Montgomery , on July 5•h. will celebrate his 50 1h year in Public Works ... in serving the City of Englewood . There was applause. Thank you . Mayor Wolosyn said thank you very much . Council Member Woodward said Rick, I think if you add up all the ages or all their time spent in service to the City by these folks , that is a lot of years dedicated to the City of Englewood and you are certainly deserving of the acknowledgement. Co un cil Member Barrent ine said thanks for point in g out that it is also a lot of team work in your department , that makes th is happen and why we have an exemplary department in Public Works. Thank you . • (. Englewood City Council May 15, 2006 Pages Director Kahm said also there are some other Public Works folks out here. Please stand up and take a bow . There was applause . 9. Consent Agenda COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I), (Ii), 9 (b) (I), (II), (iii), (iv), (v), (vi), (vii) and 9 (c) (i), (ii), (iii), (iv), (v). (a) Approval of Ordinances on First Read ing (i) COUNCIL BILL NO . 17, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AMENDING TITLE 1, CHAPTERS 4 AND 7, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO COSTS AND PENALTIES IN MUNICIPAL COURT . (ii) COUNCIL BILL NO. 18, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 68, SECTION 11 , OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO POLICE AND FIRE ALARM SYSTEM REPORTS . (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 7, SERIES OF 2006 (COUNCIL BILL NO. 8, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AMENDING TITLE 1, CHAPTER 8, SECTION 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000, WHICH PERTAINS TO ELECTION RETURNS/CANVASSING . (ii) ORDINANCE NO . 8 , SERIES OF 2006 (COUNCIL BILL NO . 9 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AMENDING TITLE 1, CHAPTER 8, OF THE ENGLEWOOD MUNICIPAL CODE 2000 , BY THE ADDITION OF A NEW SECTION 7 ENTITLED CONTRIBUTIONS . (iii) ORDINANCE NO. 9, SERIES OF 2006 (COUNCIL BILL NO . 10, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AMENDING TITLE 7, CHAPTER 1A, SECTION 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000 . (iv) ORDINANCE NO . 10 , SERIES OF 2006 (COUNCIL BILL NO . 11 , INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE AUTHORIZING THE REDEMPTION AND SALE OF A HOUSING REHABILITATION PROPERTY LOCATED AT 3030 SOUTH SHERMAN STREET IN THE CITY OF ENGLEWOOD, COLORADO . (v) ORDINANCE NO . 11, SERIES OF 2006 (COUNCIL BILL NO . 12, INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF THREE INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 2006 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD , COLORADO . (vi) ORDINANCE NO . 12 , SERIES OF 2006 (COUNCIL BILL NO . 13 , INTRODUCED BY COUNCIL MEMBER TOMASSO) Englewood City Council May 15, 2006 Page& AN ORDINANCE AUTHORIZING THE SALE OF A SINGLE FAMILY RESIDENCE AT 2350 SOUTH ZUNI STREET PURSUANT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COMMUNITY COLLEGE/AREA CAREER AND TECHNICAL SCHOOL. (v ii) ORDINANCE NO . 13 , SERIES OF 2006 (COUNCIL BILL NO . 14 , INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A THREE YEAR INTERGOVERNMENTAL COOPERATIVE AGREEMENT FOR THE ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAMS FOR PROGRAM GRANT YEARS 2007 THROUGH 2009 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD , COLORADO . (c) Resolutions and Motions (i) To waive the banner permit fee for the 2006 Relay for Life event scheduled for June (ii) To approve June 3 , 2006 and September 9 , 2006 as the dates for this year's c ityw ide public sidewalk sales events . (iii) The purchase of a new sewer line cleaning/vacuuming machine (vactor truck) from W ill iams Equ ipment , in the amount of $149 ,600 .00 . (iv) The pu rc hase of water meters and yokes f rom Nat ional Meter and Autom ati o n, Inc .. in the amount of $51 ,331 .40 . (v) Contract w ith Nat ional Metering Services , Inc . for a large water meter installat ion in the amount of $70 ,000 .00 to $74,000 .00 . Vote results: Mot ion carried . Ayes : Council Members Barrentine , Mccasl in, Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None 10 . Public Hearing Items No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Mo ti on s (a) Approval of Ordinances on First Reading (i) Senior Planner Langon presen ted a rec ommendation f ro m th e C o mm unity Development Department to adopt a bill for an ordinance approv ing the South Pe nnsylvania Street Senior Housing Planned U nit Development (P UD ) located at South Pennsylvania Street and Highway 28 5 In the City of Englewood . Staff also requests that Council set a Public Hearing for June 5 , 2006 to gather input on th is iss ue . She said I am here tonight to recommend that Council approve Council Bill No . 19 on first reading and set a Public Hearing on June 5, 2006 to consider public testimony on a request by the Englewood Housing Authority to rezone a .8 acre site at South Pennsylvania Street and US Highway 285 to Planned Unit Development (PUD) to allow construction of a 62 unit residential building designed for age and income qualified seniors . The PUD Is necessary to allow modifications to the present MU-R-3-B zoning that would increase the number of res ide ntial units. decrease building setbacks and allow , only on the western parcel of this site , MU-B -1 commercial uses . If Council has any questions , I would be happy to address them . Englewood City Council May 15, 2006 Page7 Mayor Wolosyn asked if there were any questions . There were none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (1)-COUNCIL BILL N0.19 AND TO SET A PUBLIC HEARING FOR JUNE 5, 2006 TO GATHER INPUT ON THIS ISSUE. COUNCIL BILL NO. 19 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE APPROVING THE SOUTH PENNSYLVANIA STREET SENIOR HOUSING PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT SOUTH PENNSYLVANIA STREET AND HIGHWAY 285 , IN THE CITY OF ENGLEWOOD , COLORADO. Mayor Wolosyn asked if there was any discussion . Council Member Woodward said I just want to say that being the liaison for the Englewood Housing Authority that I am , and my fellow Board members are, really excited about getting this moving forward and I think it is something that we are really needing in Englewood and I am really pleased that it has moved forward as fast as it has . Thank you. Vote results : Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None (b) Approval of Ordinances on Second Read ing There were no additional items submitted for approval on second reading . (See Agenda lte , 1 9 -Consent Agenda .) (c) Resolutions and Motions (i) Director Gryglewicz presented a recommendation from the Finance and Admin istrat ive Services Department approving a Resolution authoriz ing a transfer of funds and a supplemental appropr iat ion of funds to the 2006 Budget for additional expenditures related to the Water Quality Pond at the Englewood Off . Leash Dog Park. He said in the previous Study Session this topic was discussed and the amount was reduced by $10 ,000 .00. The transfer , by resolution , from the Capital Projects Fund from the Unreserved/Undesignated Fund B al ance is $12 ,7 87.00 . T he use of t hose funds is a t ra nsfer out to the Open Space Fund i n the same a mou nt. In the O pen Sp ace Fund , the so urce of f und is the tr an sfer in from the Cap ital P rojec ts Fu nd of $12 ,787.00 and the use of fund is for the Off-Leash Dog Park water quality pond for $12 ,787 .00 . Mayor Wolosyn asked if there were any questions for Mr . Gryglewicz . There w ere none. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (c) (i)- RESOLUTION NO. 49 AS AMENDED TO REDUCE THE SUPPLEMENTAL AND TRANSFER BY $10 ,000 .00 , FROM $22 ,787.00 TO $12 ,787 .00 . RESOLUTION NO . 49 , SERIES OF 200 6 A RESOLUTIO N APPRO VIN G A TR AN SFER OF FUNDS AN D A SUPPLE M E NT A L APPRO PRIATION OF F UNDS TO THE 2006 BUDGET FOR ADDIT IONAL EXPENDITURES RELATED TO THE WATER QUALITY POND AT THE ENGLEWOOD OFF-LEASH DOG PARK. Mayo r Wolo s yn as ked if ther e was any discuss io n. Englewood City Council May 15, 2006 Pages Council Member Moore said I would just like to add that , as discussed in Study Session , hopefully, later in the year we will have the opportunity to ... if there are excess Open Space Funds ... to use those funds for this purpose , so that the project can move forward , now we are going to proceed with Capital Projects Funds transfer. Mayor Wolosyn asked if there was any more discussion . There was none. Vote results: Motion carried. Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None Mayor Wolosyn said thank you Frank . 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said I would like to thank staff for their time and participation on Saturday for the Budget Retreat and I hope you have what you need, but if you don 't , please come back to us . (b) Council Members' Choice (i) Council Member Barrentine : 1. She said I want to thank the Positively Englewood group for their nice representation . I appreciate the work that you are doing in the community. It is nice . I appreciate what Melody said . It is difficult, as a kid, to see other people be able to do things , when even a few dollars stops you from participating . It was nice to get an update on what that money does . I hope you get a good representation from the City golfers for your tournament. 2. She said I wanted to thank Public Works . You certainly deserve that. I see a lot of you guys working hard every single time I am around the City , whether it is the Recreation Center , or in this bu il ding or in the Library , on the roads , the streets , just everything ... we 've got an exemp lary department. More than that , your responses ... and peop le are very complimentary of whatever department they are dealing with in Publ ic Works . I ge t a lo t of compl iments and people are very proud of that aspect of that department of the City, so , congratulati on s again. 3. She said I hope that we can get some response on the Community Development issue . Sometimes we can't always give people the answer that they want, but we certainly do expect that they will be responded to. So , hopefully, we will get some feedback on that. (ii) C ounci l Mem ber Mccasl in sa id I would li ke to ki nd of p iggy-ba c k off of wh at Lau rett said about Public W orks. I wo uld li ke to th ank two pe opl e t hat I ha ve deal t w ith on num erou s occasi o ns , that is Ladd Vostry and Del Montgo mery . Wh en issues have bee n br ough t up in f ron t of t he m , t he y returne d the calls, they always had the answers and I really appreciate t hat. When I have to res po nd back to the citizens ... and I can get back to them, even within hours, it is very appreciated, because I am the one that usually takes the heat. It makes them feel good that we are listening and I appreciate your response . Thank you very much . (iii) Council Member Moore said I would like to introduce Council Bill No . 16. It is a bill to accomplish two things ... one is to revisit the total number of dogs and cats in a household , as well as to clean-up some language regarding the breeder's license. I would like to make two motions . The first one being just an amendment to what is here . I have talked to City Attorney Brotzman about changing the language that says "but in no case shall there be any combination of more than four animals" by just inserting the word "such" to declare that we are not trying to cover things like goldfish or finches or anything else. • Englewood City Council May 15, 2006 Page9 COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL BILL NO. 16 BY ADDING THE WORD "SUCH" BETWEEN (4) AND ANIMALS . TO READ " ... BUT IN NO CASE SHALL THERE BE ANY COMBINATION OF MORE THAN FOUR l4) SUCH ANIMALS ." COUNCIL BILL NO. 16 , INTRODUCED BY COUNCI L MEMBER MOOR E A BILL FOR AN ORDINANCE AMENDING TITLE 7 , CHAPTER 1A , SECTION 4 , OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO THE NUMBER OF ANIMALS MAINTAINED AT A HOUSEHOLD OR PREMISES . Mayor Wolosyn asked if there any further discussion. Counc il Member Woodward said the only thing that I would mention , is that we had discussed hav ing a Publ ic Hearing on this issue. Mr. Moore said that will come in a separate motion . Mr . Woodward said okay . Vote results: Motion carr ied . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn, Woodward , Tomasso , Oakley Nays : None COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL BILL NO. 16, AS AMENDED AND TO SET A PUBLIC HEARING FOR JUNE 5, 2006 TO GATHER INPUT ON THIS ISSUE. Mayo r Wolosyn asked if there was any discuss ion . There was none . Vote results : Mot ion car ried . Ayes: Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None [Clerk 's note : This was listed on the Agenda as item 12 (b) (i).] (i v) Counc il Member Oakley sa id I could add a lot to what Laurett and Bob sa id about Publ ic Wo rks, bu t I th ink everybody knows how I feel about that and to all you guys out there ... great job . (v) Council Member Tomasso said I would also like to say that Public Works is really what makes the City of Englewood look as good as it does and it's what keeps our citizens really happy and makes our job, up here, a lot easier. Thank you . (vi) Council Member Woodward : 1. He said I would li k e to request a St udy Sess io n to ta ke a loo k at ou r ord in an ce re ga rd ing the pl ace me nt of sexual predators in our com munity. Fo r example, the dista nces of wh ere they ca n be pl ace d to sch oo ls, parks , bus stops , day care and those types of things . I would like to really conduct a good review of that in lieu of what almost happened last week . 2 . He said I would also like to review the motel ordinances within our City with regard to the definition of what motels are, as opposed to board ing houses , apartment houses or any other type of living quarters . And I would like to encourage the motels within our City to not only be looking at the profit motive , and how they are making money , but also to be looking at and val .. ing what is in the best interest of our community as a whole . 3 . He said I would like to thank Director Chris Olson and City Manager Gary Sears and all the other people that were involved last week with the issue that came up , with regard to the placement of a violent sexual Englewood City Council May 15, 2006 Page 10 predator in the City of Englewood across the street from a day care center and a block and a half away from a middle school. That did not happen thanks to them . Thank you. ***** Mayor Wolosyn said I share your appreciation . I am sure all Council does for all the time that staff put into these unexpected issues last week. 13 . City Manager's Report City Manager Sears did not have any matters to bring before Council. 14. City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15 . Adjournment OSYN MOVED TO ADJOURN. The meeting adjourned at 8:03 p.m . ~~-~· Memorandum To: From: Date: Subject: Mayor and City Council Members Dooley Gehr, Chair Code Enforcement Adv isory Committee May 17, 2 006 CEAC Alternate Member At the April 19th meeting of the Code Enforcement Advisory Committee, a motion was made and passed recommending the removal of Mark Ogonosky as an Alternate Member on the committee due to his lack of attendance. Since his appointment last year, he has attended only two meetings -July and August 2005. If you have any questions, please feel free to ck.ct me. I fr Ba Englewood Code Enforcement Adviso ry Committee Meeting Minutes April 19, 2006 I. Call to Order Chair Dooley Gehr called th e re gul ar meeti n g o f the En glewood Code Enforcement Advisory Committee to order at 6 :31 p .m. Roll Call Members Present: Chair Gehr (left at 7 :20), Co -Chair Chris Hoagland, Bri an Bleile, Darryl Estes, and Marty Mosman Members Absent: Paul Hendricks (excused), Randia Laga (excused), Marc Ogonosky (alternate) A quorum of the Committee was present. Chair Gehr stated that he would need to leave the meeting earl y to attend another meeting at 7:30 , however, a quorum w ould r emain on his departure. Ex-Officio Members Present: Council Liaisons Laurett Barrentine and Jim Woodw ard , Sergeant Gary Con dreay, and Deput y City Manager Michael Fl aherty. Guests : None II. Approval of Minutes Member Hoagland made a motion to approve the minutes of the March 15, 2006 meetin g . The motion was seconded by Member Mosman. The m inut es were unanimously app ro v ed . III. Membership Is sues Chair Gehr asked for a motion to add an agenda item, the discussion of committee membership. The motion was made by Member Hoagland and seconded by Member Mosman . The motion was approved. Chair Gehr informed the committee that committee member Randia Laga had submitted a letter of resignation. Gehr stated that the letter has been forwarded to City Council for acceptance and that he would request Council to replace Ms. Laga on the committee . Gehr expressed his appreciation for Ms . Laga 's work on the committee. Chair Gehr then requested a motion to request of City Council the termination of from th e committee of alternate Marc Ogonosky. Alternate member Ogonosky has missed the majority of committee meetings over the past year . The motion was made by Member Hoa g land and seconded by Member Bleile. The motion passed unanimously. 1 of 4 Ryan Huffman From: Cornelia Humphreys [chumphre@gutfeelings .com] Sent: Thursday, May 18, 2006 9:55 AM To: Ryan Huffman Cc: lolson@du.edu Please accept my resignation from Keep Englewood Beautiful. Due to recent scheduling conflicts, I have missed 3 out of the last 4 meetings and will be missing more, so it's best that I resign. I have enjoyed the activities and meeting all of the commissioners. If you need any help on race day, I will be happy to pitch in. Good luck with everything and thank you. Cornelia Humphreys chenglewood@msn.com 8b ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: June 5, 2006 9 a i Victim Assistance Law Enforcement Grant, 2006 Initiated By: Staff Source: Department of Safety Services Director Chris Olson COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City of Englewood has applied for and accepted the Victim Assistance Law Enforcement (VALE) Grant from 1990 through 2005. RECOMMENDED ACTION Staff seeks Council support of a Bill for an Ordinance accepting 2006 Victim Assistance Law Enforcement grant funding in the amount of $16,420. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The VALE Grant finances approximately 30% of the salary & benefits for the Victim Witness Program at Englewood Municipal Court. The Victim Witness Program provides services for victims of domestic violence. FINANCIAL IMPACT Vi ctim Witn ess program would lose 30% funding. LIST OF ATTACHMENTS Bill for an Ordinance ORDINANCE NO . SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 20 INTRODUCED BY COUNCIL MEMBER~~~~~- A BILL FOR AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. WHEREAS, the City of Englewood Safety Service Department applied for funding under the VALE Grants Program to be used for funding the Victim/Witness Program in the Englewood Municipal Court; and WHEREAS, the Victim/Witness Program in the Englewood Municipal Court has served the victims of domestic violence since 1990 ; and WHEREAS , the City of Englewood has previously applied and been granted VALE Grants for the years 1990 through 2005; and WHEREAS , the staff seeks Council support for an Ordinance accepting a 2006 VALE grant funding in the amount of $16 ,420 , for the period of July I , 2006 to June 30 , 2007; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I . The City Council of the City of Englewood , Colorado hereby authorizes the acceptance of the VALE Grant and accompanying intergovernmental agreement, a copy of which is marked as "Exhibit A" and attached hereto. Section 2. The City Manager, the Director of Safety Services and the Director of Finance/Administrative Services are hereby authorized to sign said VALE Grant and accompanying intergovernmental agreement on behalf of the City of Englewood. Introduced , read in full , and passed on first reading on the 5th day of June , 2006 . Published as a Bill for an Ordinance on the 9th day of June, 2006 . Ol ga Wolo sy n, Mayor ATTEST : Loucrishia A . E lli s, City C lerk I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance , introduced , read in full , and passed on first reading on the 5th day of June, 2006 . Loucrishia A. Ellis VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD CONTRACT Pursuant to the Assistance to Victims of and W itnesses to Crimes and Aid to Law Enforcement Act, Article 4 .2 Title 24 C.R.S., the Victim Assistance and Law Enforcement Board of the 18 1h Judicial District has made the following award : Grantee : Englewood Department of Safety Services 3615 South Elati Street, Englewood, Colorado 80110 Grant number: 06-38 Project Title: Victim/Witness Advocate Purpose of Grant Funds : Law Enforcement Victim Services Services/Equipment Being Funded : Portion of Salary and Benefits for Victim Ass istance Advocate Grant Period: July 1, 2006 to June 30, 2007 Amount of Grant Award : $16,420 Quarterly Installments: Four (4) Quarterly Payments of $4,105 BE IT UNDERSTOOD THAT: (1) All disbursement of awards are contingent upon the availability of VALE funds. (2) The contents of the grant application will become contractual obligations of the grant re c ipient and are incorporated into this contract as if fully set forth here in. (3) The grant recipient is required to submit Financial Reports quarterly: October 31, 2006, January 31, 2007, April 30, 2007 and July 31, 2007 for funding for 2006/2007. The report due on July 31, 2007 shall be the year-end report. The V A LE Board will provi de Financia l Reporting Forms. Grant reci pients are required to use these forms. (4) The gra nt recipien t is re q uire d to submit Program Reports on: Janua ry 3 1, 200 7 and July 31, 2007 for fu nd ing for 2006/2007 . These re ports must ad d ress any s pecial con d it io n s t hat are listed in this cont ract. T he repo rt due on July 31, 2007 shall be the year-end rep o rt. It shall show totals for th e en t ire year and mu st address any special conditions that are lis t ed in this contract. The VALE Board wi ll provide Program Reporting Forms . Grant recipients are ( required to use these forms . E X H I B I T A Englewood Department of Safety Services 06-38 Reports shall be sent to: Francie Miran, Grant Evaluator VALE Board District Attorney's Office 7305 South Potomac Street, Suite 300 Centennial, Colorado 80112-4031 (720) 874-8600 (5) Failure to submit these required reports on the dates due may result in suspension of the grant, termination of the grant, return of awarded funds or the loss of future funding by VALE. (6) Special conditions for the award which have been stipulated between the VALE Board and the grant recipient are as follows: NONE (7) Any equipment purchased with VALE funds must remain with the grant recipient. Equipment must be used for the purpose designated in the grant application. Any use by others or transfer of ownership must be reported to the VALE Board, in writing, prior to the occurrence of such use or transfer. The Board may approve such use or transfer or may request return of the equipment. (8) Any change in the use of grant funds shall be approved by the VALE Board. The request for such change shall be in writing. Approval of the VALE Board shall be obtained prior to any such use. (9) Amendment of any other terms of this contract shall have prior approval of the Board. Requests for amendment shall be in writing. (10) The grant recipient shall submit written notification by June 1, 2007 to the VALE Board if the grant recipient will have any remaining funds at the end of the grant period . All unused funds shall be returned to the VALE Board unless the grant recipient makes a request in writing for use of the funds beyond the grant period and such request has been approved by the VALE Board . Such requests shall include : The amount of remaining funds How the funds will be used When the funds will be expended Why the funds were not expended . 2 Englewood Department of Safety Services 06-38 Such request must be received on or before June 1, 2006. - Upon receipt of the request, the VALE Board shall decide whether to grant or deny the request without further presentation or hearing. (11) The grant recipient agrees that all funds received under this grant shall be expended solely for the purposes stated above and that any funds not so expended, including funds lost or diverted to other purposes, shall be repaid to the VALE fund. (12) The grant recipient agrees to comply with the letter and spirit of the Colorado Anti- discrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (C.R.S. Sec. 24-34-402) and required by Executive Order, Equal Opportunity and Affirmative Action, date April 16, 1975. (13) Non-compliance with this contract may include failure to submit reports, making unapproved changes to the budget, performance failures or adherence to special conditions. Non-compliance with any portion of this contract may result in: Suspension of grant funds Termination of grant Withholding of funds Requiring grant recipient to return money to the VALE fund Other action as deemed necessary by the members of the VALE Board Any combination of the above. (14) All grant recipients shall make available to the Board or its authorized designee all current books, records, procedures or other information relative to the grant application and implementation. (15) The funds granted by this contract for Victim Services shall be disbursed in quarterly installments pending VALE Board approval of all required reports and verification of expenses . The funds granted by this contract for equipment may be dispersed by a single payment for the full amount, pending VALE Board approval of all required reports and verification of expenses . 3 Englewood Department of Safety Services 06-38 The grant recipient, through the following signatories, understands and agrees that any VALE monies received as a result of the awarding of the grant application shall be subject to the terms of this contract. (]{Cle- Chris Olson, Safety Services Director Financial Officer Date_~-1-1 q_-'-1-)()~?r::_____ I ( Date ------------ Frank Gryglewicz, Finance/Adm. Director Authorizing Official Gary Sears, City Manager Tony Spurlock Chair, VALE Board Date ------------ Date ------------ Authorized Official : The authorized official is the person who is, by virtue of such person's pos iti on, authorized to enter into contracts for the grant recipient. This could include: Mayor or City Manager, Chairperson of the County Commissioners, District Attorney, President or Chairperson of the Board of Directors , Superintendent, or other Chief Executive Officer. Financial Officer: The person is responsible for all financial matters related to the program and who has responsibility for the accounting , management of funds, verification of expenditures , audit information and financial reports . The person who actually prepares the finical reports may be under the supervision of the Financial Officer . The Financial Officer must be a person other than the Authorized Offic ial or the Project Director. Project Director: The person who has direct responsibility for the implementation of the project. This person should combine knowledge and experience in the project area with ability to admin ister the proj ect and superv ise pe r sonnel. He/she shares responsibility with the financial Office for seeing that all expenditures are within the approved budget. This person will normally devote a major portion of his/her time to the project and is responsible for meeting all reporting requirements. The Project Director must be a person other than the Authorized Official or the Financial Officer. COUNCIL COMMUNICATION Date: Agenda Item: Subject: June 5, 2006 9 a ii In t ergo vernmental Agreement w ith Urban Draina ge and Flood Control Distri ct for Big Dry Creek Trail Initiated By: Staff Source: Department of Public Works Rick Kahm, Direc tor COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • Council approv ed Resolution No. 43 , Series 2002, authorizing the City to appl y for Fed eral funds under the Transportation Equity Act for the 2 1st Century (TEA-2 1 ). • Council approv ed Ordinance No. 60, Series 2003 approving an Intergov ernmental Agreement (IGA) wi th CDOT re gardin g fundin g the construction of the proj ec t. • Council approved Resoluti o n No. 88, Series 2003 ac c epting a 99-ye ar li ce nse agre e ment for the trail from South Sl o pe Condominium A ssociati o n. • C o uncil approve d a m o ti o n to awa rd a co nstru c tion co ntrac t fo r Ph ase I Tr ail Improveme nts o n M arc h 1, 2004. RECOMMENDED ACTION St aff reco mm e nd s C o un c il approva l of a Bill fo r an Ordinan ce to enter into an agree m ent w ith th e Urban Drain ag e and Flood Control Di stri c t (UDFCD ). Thi s agr ee ment defines resp o nsibiliti es and fi nancia l com m itm ents relat ed to th e ac qu is iti o n o f ease ments and co nstru cti o n of th e Bi g Dry C ree k Tr ail betwee n Lehow Ave nu e and Bro ad way. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The UDFCD continues to support our efforts to complete a trail system along Big Dry Creek. Properl y designed and constructed trail systems allow UDFCD access for the maintenance of the c reek . They ha v e part icipated financially in past phases of the project and , in cooperation with South Suburban Parks Foundation (SSPF) and the City of Littleton, we have completed the trail sy stem from the Platte River to Lebow Avenue. Presently, UDFCD does not have access to Big Dry Creek between Lehow and Broadway. This agreement offers $100,000 toward right-of-way easement acquisition and construction of this segment of the trail. The SSPF has attempted to negotiate easement acquisitions from two property o wn rs ; howe er, the negotia tions appear stalled at this time. The use of these UDFCD funds is d p ndent upon the successful acquisition of the required easements . - FINANCIAL IMPACT The majority of the funds for the Big Dry Creek Trail are held by the SSPF. Their funding comes from a variety of sources, including contributions from Englewood, Littleton, private donors, and grants from Arapahoe County. Englewood serves as the project sponsor to bring in other funding sources that the SSPF is not eligible to receive (federal funds and UDFCD funds). All of the matching funds for the project will be paid for by the SSPF. Estimated costs associated with trail construction through the two properties are detailed below: Lehrer Property easement acquisition Meister Property easement acquisition Other costs associated with acquisitions (legal, survey, negotiations) Trail construction Design and Construction Administration Total $ 20,000 50,000 20,000 300,000 80.000 $470,000 Funding sources are: $100,000 from UDFCD (per this agreement) and $370,000 from the SSPF. LIST OF ATTACHMENTS Bill for an Ordinance ORDINANCE NO. SERI ES OF 2 006 q,ii BY AUTHORITY COUNCIL BILL NO. 21 INTRODUCED BY COUNC IL MEMBER ------- A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOYERNMENT AL AGREEMENT ENTITLED AGREEMENT REGARDING PROPERTY ACQUISITION AND CONSTRUCTION OF A MAINTENANCE TRAIL, BIG DRY CREEK, CITY OF ENGLEWOOD, BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE URBAN DRAINAGE AND THE FLOOD CONTROL DISTRICT. WHEREAS , the Englewood City Council authorized the City to appl y for Federal funds under the Transportation Equity Act for the 21 51 Century (TEA-21) by the passage of Resolution No. 43, Series of 2002; and WHEREAS, the Englewood City Council approved an Intergovernm enta l Agreement with the Colorado Department Of Transportation (COOT) regarding funding the construction of this project by the passage of Ordinance No . 60, Series of 2003; and WHEREAS, the Englewood City Council approved Reso lution No. 88 , Series of 2003 accepting a 99-year License Agreement for the trail from South Slope Condom inium Association ; and WHEREAS, the Englewood City Council approved by Motion to award a Construction Contract for Pha se I Trail Improve ments on March I , 2004; and WHEREAS , the passage of this Ordinance authorizes the Intergovernmental "Agreement Regardin g Property Acquisition and Construction Of A Maintenance Trail, Big Dry Creek, City of Englewood" between the Urban Drainage and Flood Control District and the City of Englewood , Colorado defining re s ponsibilities and financial commitments related to the acq ui s iti on of easements and construction of the Big Dry C reek Trail between Lehow Avenue and Broadway; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLO RADO, AS FOLLOWS: Section I . The Intergove rnmental Agreement between the City of Englewood, Colorado and the U rban Drainage and Flood Control District that defines responsibilities and financial co mmitments related to the acquisition of easements and construction of the Big Dry Creek Trail between Lebow A ve nue and Broadway, attached as "Attachment I ", is hereby accepted a nd approved b the Englewood City Council. ection 2. The Mayor i authorized to execute and the City Clerk to attest and sea l the Int ergove rnmental Agreement for and on behalf of the City of Englewood, Colorado . Introdu ced, read in full, and pa ed on fir treadin g o n the 5 th day of June, 2006 . Published as a Bill for an Ordinance on the 9th day of June, 2006. Olga Wolosyn , Mayor ATTEST: Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced , read in full , and passed on first reading on the 5th day of June, 2006 . Loucrishia A. Ellis AGREEMENT REGARDING PROPERTY ACQUISITION AND CONSTRUCTION OF A MAINTENANCE TRAIL, BIG DRY CREEK, CITY OF ENGLEWOOD Agreement No. 05-12 .01 THIS AGREEMENT, made this day of , 2006 , by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRJCT (hereinafter called "DISTRJCT") and CITY OF ENGLEWOOD (hereinafter called "CITY") and collectively known as "PARTIES"; WITNESSETH: WHEREAS, DISTRJCT, in a policy statement previously adopted, (Resolution No . 14, Series of 1970 and Resolution No . 11, Series of 1973) expressed an intent to assist public bodies which have heretofore enacted floodplain regulation measures; and WHEREAS, PARTIES participated in a joint planning study titled "Major Drainageway Master Plan -Big Dry Creek" by VTN, dated March, 1975 (hereinafter called "PLAN"); and WHEREAS, PARTIES now desire to proceed with property acquisition and construction of a maintenance trail fro Big Dry Creek (hereinafter called "PROJECT"); and WHEREAS, DISTRJCT has adopted at a public hearing a Five-Year Capital Improvement Program (Resolution No . 81, Series of 2005) for drainage and flood control facilities in which PROJECT was included in the 2006 calendar year; and WHEREAS , DISTRJCT has heretofore adopted a Special Revenue Fund Budget for calendar year 2006 subsequent to public hearing (Resolution No . 67, Series of 2005) which includes funds for PROJECT ; and WHEREAS, DISTRJCT's Board of Directors has authorized DISTRICT financial participation for PROJECT (Resolution No. 92, Series of 2005); and WHEREAS, the City Council of CITY and the Board of Directors of DISTRJCT ha ve authorized, by appropriation or resolution, all of PROJECT costs of the respective PARTIES . I. NOW, THEREFORE, in consideration of the mutual promises contained herein , PARTIES hereto agree as follows : SCOPE OF AGREEMENT This Agreement defines the responsibilities and financial conunitments of PARTIES with respect to PROJECT. 2. SCOPE OF PROJECT A. Property Acquisition . PROJECT shall include the property acquisition in accordance with the recommendations defined in PLAN . Specifically the property acquisition shall extend from Le how A venue to Broadway A venue . B . Construction. PROJECT shall include construction by CITY of the maintenance trail improvements as set forth in the final design prepared by CITY in conjunction with South Suburban Park Foundation . A t t a C h m e n t 1 3. PUBLIC NECESSITY PAR TIES agree that the work performed pursuant to this Agreement is necessary for the health, safety, comfort, convenience, and welfare of all the people of the State , and is of particular benefit to the inhabitants of DISTRJCT and the property therein. 4 . PROJECT COSTS AND ALLOCATION OF COSTS A. PAR TIES agree that for the purposes of this Agreement PROJECT costs shall consist of and be limited to the following: 1. Property acquisition ; 2 . Construction of improvements. B. It is understood that PROJECT costs as defined above are not to exceed $200,000 without amendment to this Agreement. PROJECT costs for the various elements of the effort are estimated as follows: ITEM 1. Property Acquisition 2. Construction Grand Total AMOUNT $ 50,000 150 ,000 $200,000 This breakdown of costs is for estimating purpo ses only. Costs may vary between the various elements of the effort without am e ndment to this Agreement provided the total expenditures do not ex ceed the maxi mum contribution by all PARTIES plus accrued interest. 5. ALLOCATJnN OF C OSTS AND FINANCIAL COMMITMENTS OF PART IES PARTIES shall each contribute the following p erc enta ges and maximum a mounts for elements of PROJECT as defined in Para graph s 2 and 4 of this Agreement: Percentage Maximum Share Contribution DISTRJCT -SRF 2 5 % $ 50 ,000 DI STRJCT -Preserva tion 25% 50 ,000 CITY 50% 100,000 TOTAL 100% $200 ,000 In accordance with Resolution No. 11, Series of 1973 and R esolution No. 49, Series of 1977, the cost sh aring sh all be after subtracting state, fe d era l , or other so urces o f fundi ng, exc luding an y co ntri butio n fr om DISTRI CT. However , mon ies CITY may rece ive fr om th e p ayment in lieu of taxes for Federal funds, Federal Revenue Sh aring P rogram, Federal Community Development Program , Impact Assistance Funds or s uch simi lar discretion ary pro grams as ap proved by DISTRICT's Board may be considered as and applied toward CITY's share of PROJECT costs . D1STR1CT, upon presentation of a billing by CITY for work accomplished , sha ll remit with in 30 days 50% of that portion of the billing attributed to right -of-way , trail and bridge improvements to ITY up to a maximum amount of $100,000 plus interest accumulated on DISTRJCT's share of funds . D1STR1CT participation shall be limited to the improvements associated with maintenance access to Big Dry Creek. 6. OWNERSHIP OF PROPERTY AND LIMITATION OF USE CITY shall own the property either in fee or non-revocable easement and shall be responsible for same. It is specifically understood that the right-of-way is being used for drainage and flood control purposes. The properties upon which PROJECT is constructed shall not be used for any purpose that shall diminish or preclude its use for drainage and flood control purposes. CITY may not dispose of or change the use of the properties without approval of DISTRICT. If, in the future, CITY disposes of any portion of or all of the properties acquired upon which PROJECT is constructed pursuant to this Agreement; changes the use of any portion or all of the properties upon which PROJECT is constructed pursuant to this Agreement; or modifies any of the improvements located on any portion of the properties upon which PROJECT is constructed pursuant to this Agreement; and CITY has not obtained the written approval of DISTRICT prior to such action, CITY shall take any and all action necessary to reverse said unauthorized activity and return the properties and improvements thereon, acquired and constructed pursuant to this Agreement, to the ownership and condition they were in immediately prior to the unauthorized activity at CITY's sole expense . In the event CITY breaches the ten11S and provisions of this Paragraph 6 and does not voluntarily cure as set forth above, DISTRlCT shall have the right to pursue a claim against CITY for specific performance of this portion of the Agreement. PAR TIES shall , prior to the recording by CITY of any document transferring title or another interest to property acquired pursuant to this Agreement to CITY, execute a memorandum of this Agreement (Exhibit B), specifically a verbatim tran script of Paragraph 6. OWNERSHIP OF PROPERTY AND LIMITATION OF USE except for this sub-paragraph which sha ll not be contained in the memorandum. The memorandum shall reference by legal description the property being acquired by CITY and shall be recorded in the records of the Clerk and Recorder of Arapahoe County immediately following the recording of the document transferring title or another interest to CITY. 7. MANAGEMENT OF CONSTRUCTION A. Costs. Construction costs shall consist of those costs as incurred by the lowest acceptable bidder(s) including detour costs, licenses and pem1its, utility relocations, and construction related engineering services as defined in Paragraph 4 of this Agreement. B . Construction Management and Payment I. CITY, with assistance and approval ofDISTRlC)', shall advertise for construction bids; conduct a bid opening; prepare construction contract documents; and award construction contract(s). 2 . CITY shall require the contractor to provide adequate liability insurance that includes DISTRICT. The contractor shall be required to indemnify D1STR1CT . Copies of the insurance coverage shall be provided to DISTRl T . 3. CITY shall coordinate field surveying; staking; inspection; testing; acquisition of right-of-way; and engineering as required to construct PROJECT. CITY, with assistance of DISTRICT, shall assure that construction is performed in accordance with the construction contract documents including approved plans and specifications and shall accurately record the quantities and costs relative thereto. Copies of all inspection reports shall be furnished to DISTRJCT on a weekly basis. CITY shall retain an engineer to perform all or a part of these duties. 4. CITY, with approval of DISTRICT, shall contract with and provide the services of the design engineer for basic engineering construction services to include addendum preparation; survey control points; explanatory sketches; revisions of contract plans ; shop drawing review; as-built plans; weekly inspection of work; and final inspection . 5. PARTIES shall have access to the site during construction at all times to observe the progress of work and conformance to construction contract documents including plans and specifications . 6. DISTRICT shall review and approve contractor billings and send them to CITY for approval. DISTRICT shall remit payment to contractor based on billings approved by PARTIES . 7. DISTRICT , with assistance and written concurrence by DISTRICT, shall prepare and issue all written change or work orders to the contract documents. 9 . PARTIES shall jointly conduct a final inspection and accept or reject the completed PROJECT in accordance with the contract documents . 10. CITY shall provide DISTRICT a set of mylar reproducible "as -built" plans . C . Construction Change Orders . In the event that it becomes necessary and advisable to change the scope or detail of the work to be performed under the contract(s), such changes shall be rejected or approved in writing by the contracting officers. No change orders shall be approved that increase the costs beyond the funds available in the PROJECT fund, including inte r est earne d on those fund s, unle ss and until the addition a l funds needed to pay for the added costs are committed by all P ARTIE S . 8. MAINTENANCE PARTIES agree that CITY shall ow n an d be res p on si bl e for mai ntenan ce o f the c ompl eted an d accep ted PROJECT. PARTIES furth er agree that DISTRJ CT, at CITY's re qu es t , shall assist CITY with th e mai nt enance of all faci liti es c on structed or modified by vi rtu e o f th is A greement to th e extent possib le depen d ing on avai lab ility of DISTRJ CT fund s. Su ch ma in ten an ce assistance shall be limited to d rainage and fl ood control fe a tures o f PRO JECT . Ma intenance assistan ce may in c lude ac tivities such as keeping flow ar eas free and clear of debris an d silt, keepin g c ulver ts free o f debris and se diment, repairing drainage an d flood control structures suc h as drop stru ctu r es and energy di s ipaters, and clean-up measures after periods of heavy runoff. The specific nature of the maintenance assistance shall be set forth in a memorandum of understanding from DISTRJCT to CITY, upon acceptance of DISTRJCT's annual Maintenance Work Program. DISTRJCT shall have right-of-access to right-of-way and storm drainage improvements at all times for observation of flood control facility conditions and for maintenance when funds are available . 9. FLOODPLAIN REGULATION CITY agrees to regulate and control the floodplain of Big Dry Creek within CITY in the manner prescribed by the National Flood Insurance Program and prescribed regulations thereto as a minimum. PAR TIES understand and agree, however, that CITY cannot obligate itself by contract to exercise its police powers . If CITY fails to regulate the floodplain of Big Dry Creek within CITY in the manner prescribed by the National Flood Insurance Program and prescribed regulations thereto as a minimum, DISTRJCT may exercise its power to do so and CITY shall cooperate fully. IO. TERM OF AGREEMENT The term of this Agreement shall commence upon final execution by all PAR TIES and shall te1minate two years after the final payment is made to the construction conttactor and the final accounting of funds on deposit at DISTRJCT is provided to all PARTIES pursuant to Paragraph 5 herein, except for Paragraph 9 . FLOODPLAIN REGULATION, Paragraph 6 . OWNERSHIP OF PROPERTY AND LIM1T A TION OF USE, and Paragraph 8. MAINTENANCE, which shall run in perpetuity. 11. LIABILITY Each party hereto shall be responsible for any suits, demands, costs or actions at Jaw resulting from its own acts or omissions and may insure against such possibilities as appropriate . 12 . CONTRACTING OFFICERS AND NOTICES A . The contracting officer for CITY shall be the City Mayor, 1000 Englewood Parkway, Englewood, Colorado 80110 . B. The contracting officer for DISTRJCT shall be the Executive Director, 2480 West 26th Avenue , Suite l 56B, Denver, Colorado 80211. C. Any notices, demands or other communications required or permitted to be given by any provision of this Agreement shall be given in writing, delivered personally or sent by registered mail, postage prepaid and return receipt requested, addressed to PAR TIES at the addresses set forth above or at such other address as either party may hereafter or from time to time designate by written notice to the other party given when personally delivered or mailed, and shall be considered received in the earlier of either the day on which such notice is actually received by the party to whom it is addressed or the third day after such notice is mailed . D . The contracting officers for PARTIES each agree to designate and assign a PROJECT representative to act on the behalf of sa · d PARTIES in all matters related to PROJECT undertaken pursuant to this Agreement. Each representative shall coordinate all PROJECT-related issues between PARTIES, shall attend all progress meetings , and shall be responsible for prov iding all available PROJECT-related file information to the engineer upon request by DISTRICT or CITY. Said representatives shall have the authority for all approvals , authori z ations, notices or concurrences required under this Agreement or any amendments or addenda to this Agreement. 13 . AMENDMENTS This Agreement contains all of the terms agreed upon by and among PARTIES . Any amendments or modifications to th i s Agreement shall be in writing and executed by PARTIES hereto to be valid and binding. 14 . SEVERABILITY If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or provisions shall be given full force and effect. 15. APPLICABLE LAWS This Agreement shall be governed by and construed in accordance with the l aws of the State of Colorado . Venue for any and all legal actions regarding the transaction covered herein shall lie in District Court in and for the County of Denver, State of Colorado. 16 . ASSJGNABILITY No party to this Agree men t shall assign or trans fe r any of its ri ghts or obli gations hereunder without the prior written consent of the non a ssignin g party or p arties to th is Agreement. 17 . BINDING EFFECT T he provisions of thi s Agree ment shall bind and shall inure to the benefit of PARTIES hereto and to their respective s uccessors and pern1itted as s ign s. 18. ENFORCEABILITY PARTIES hereto a gree and acknowledge that thi s Agreement may be enforced in law or in equity, by decree of sp ecific perforn1ance or d am ages, or s uch other le g al or equita ble r e lief as may be available subject to the provisions of the laws of the State o f Colorado . 19 . TERMINATION OF AGREEMENT This Agreement may be te1minated upon thirty (30) day's written notice by any of PARTIES, but on ly if there are no contingent, outstanding contracts . If there are contingent, outstanding con tracts, this Agreement may only be terminated upon m utual agreement of a ll P ARTIES a nd only upon the cancellation of all con tingen t, outstanding contracts. All costs associated with the cancellation of the contingent contracts shall be shared between PARTIES in the same ratio(s) as were their contributions and subject to the maximum amount of each party's contribution as set forth herein . 6 • ; ( 20. PUBLIC RELATIONS It shall be at CITY's sole discretion to initiate and to carry out any public relations program to inform the residents in PROJECT area as to the purpose of PROJECT and what impact it may have on them. Technical and final design recommendations shall be presented to the public by the selected design engineer. In any event DISTRJCT shall have no responsibility for a public relations program, but shall assist CITY as needed and appropriate. 21 . NO DISCRIMINATION IN EMPLOYMENT In connection with the performance of work under this Agreement, PARTIES agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified because ofrace, color, ancestry, creed, religion, national origin, gender, age , military status, sexual orientation, marital status, or physical or mental disability and further agree to insert the foregoing provision in all subcontracts hereunder . 22 . APPROPRIATIONS Notwithstanding any other term, condition, or provision herein, each and every obligation of CITY and/or DISTRICT stated in this Agreement is subject to the requirement of a prior appropriation of funds therefore by the appropriate governing body of CITY and/or DISTRICT. 23. NO THIRD PAR TY BENEFICIARIES It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of PAR TIES that any person or party other than any one of PARTIES receiving services or benefits under thi s Agreement shall be deemed to be an inc idental beneficiary only. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatories as of the date and year first above written. (SEAL) ATTEST: URBAN DRAINAGE AND F LOOD CONTRO L DISTRICT Title Executive Director Date _____________ _ .- (SEAL} ATTEST: APPROVED AS TO FORM: City Attorney CITY OF ENGLEWOOD By ____________ _ Title ____________ _ Date ____________ ~ AGREEMENT REGARDING PROPERTY ACQUISITION AND CONSTRUCTION OF A MAINTENANCE TRAIL, BIG DRY CREEK, CITY OF ENGLEWOOD Agreement No. 05-12.01 Exhibit A .-- SAMPLE AGREEMENT REGARDING PROPERTY ACQUISITION AND CONSTRUCTION OF A MAINTENANCE TRAIL , BIG DRY CREEK, CITY OF ENGLEWOOD Agreement No. 05-12 .01 Exhibit B MEMORANDUM This MEMORANDUM is entered into this day of , 20_ by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, a quasi-governmental entity, whose address is 2480 West 26th Avenue, Suite 156-B , Denver, Colorado 80211 (hereinafter called "DISTRICT") and , a governmental entity, whose address is --------------(hereinafter called "CITY") and collectively known as "PARTIES"; WHEREAS , PARTIES entered into "Agreement Regarding Design and Construction of Drainage and Flood Control Improvements for ______________ ," Agreement No. ________ on or about , 20_, (hereinafter called "AGREEMENT"); and WHEREAS , AGREEMENT is unrec ord ed , ho wever PARTIES ha ve agreed in AGREEMENT to record this MEMORANDUM in the r ecords of th e Clerk and Recorder of ---------- St ate of Colorado , in order to put all who inquire on notice of AGREEMENT and in particular Paragraph 6.C of AGREEMENT; and WHEREAS , in AGREEMENT , PARTIES agreed to participate equ ally (up to a maximum of $ ______ each) in the cost of the construction of dra inage and flood control improvements for within CITY boundaries which include --------------- ----------------------------(hereinafter called "PROJECT"); and WHEREAS, construction of PR OJECT may require the acquisition by CITY of rea l property; an d WHEREAS, AGREEMENT further provides that CITY will own all real property required to construct the improvements and that CITY ownership of that real property shall be subject to the tern,s and co n d itions of AGREEMENT an d in p artic ular Paragraph 8 of AGREEMENT; an d WH EREAS, P aragrap h 6of AGREEM ENT provi des in ap pro pria te part as fo ll ows: "7. OWNER SHIP OF PR OP ERTY AND LIM ITATION OF USE CITY sh all own the p roperty either in fee or non-revocable easement an d shall be responsib le for same. It is specifically understood that the right-of-way is being used for drainage and flood contro l purposes . The properties upon which PROJECT is constructed shall not be used for any purpose that shall diminish or preclude its use for drainage and flood contro l purposes. CITY may not di spose of or change the use of the properties without approval of DISTRICT. If, in the future, CITY disposes of any portion of or all of the properties acquired upon which PROJECT is constructed pursuant to this Agreement ; changes the use of any portion or all of the properties upon which PROJECT is constructed pursuant to this Agreement; or modifies any of the improvements located on any portion of the properties upon which PROJECT is constructed pursuant to this Agreement; and CITY has not obtained the written approval of DISTRICT prior to such action, CITY shall take any and all action necessary to reverse said unauthorized activity and return the properties and improvements thereon, acquired and constructed pursuant to this Agreement, to the ownership and condition they were in immediately prior to the unauthorized activity at CITY's sole expense. In the event CITY breaches the terms and provisions of this Paragraph 6 and does not volunt~rily cure as set forth above , DISTRICT shall have the right to pursue a claim against CITY for specific performance of this portion of the Agreement."; and WHEREAS, CITY has just acquired the real property described in Exhibit Z attached hereto and incorporated herein by reference, as if set forth verbatim herein, pursuant to the terms and conditions of AGREEMENT for the construction of PROJECT; and WHEREAS, PARTIES intend that the terms and provisions of AGREEMENT, including but not limited to Paragraph 6 of AGREEMENT set forth verbatim above , shall apply to and control the real property described in Exhibit Z. NOW THEREFORE IT IS AGREED by and between PARTIES that the terms and provisions of AGREEMENT, including but not limited to Paragraph 6 of AGREEMENT set forth verbatim above shall apply to and control the real property described in Exhibit Z, now owned by CITY. This MEMORANDUM is not a complete summary of AGREEMENT. Provisions in this MEMORANDUM shall not be used in interpreting AGREEMENT's provision . In the event of conflict between this MEMORANDUM and the unrecorded AGREEMENT, the unrecorded AGREEMENT shall control. WHEREFORE, PARTIES have caused this MEMORANDUM to be executed by properly authorized signatures as o f the date and ye ar above written. (SEAL) ATTEST: URBAN DRAINAGE AND FLOOD CONTROL DISTRICT By _____________ _ Title Executive Director Date _____________ ~ CITY OF ________ _ (. (SEAL) ATTEST: Clerk and Recorder, APPROVED AS TO FORM: Attorney for the--------- By_~~~~~~~~~~- Assistant Attorney STATE OF COLORADO ) ) ss . CITY AND COUNTY OF D ENVER) Title ____________ _ Date ____________ _ RECOMMENDED AND APPROVED : REGISTERED AND COUNTERSIGNED : Subscribed and sworn to before me th is _______ da y o f _______ , 20 _, by David W. Lloyd , Executive Director of Urban Drainage and Flood Control District. WITNESS my hand and official seal. (SEAL) Notary Public My Commission Ex pires _____________ _ ST A TE OF COLORADO COUNTY OF _____ _ ) ) ss. ) Subscribed an d sworn to before me this -------day of _______ , 20 _, by WITNESS my hand and official seal. (SE AL) Notary Public My Conuni ssion Ex pires -------------- COUNCIL COMMUNICATION Date: Agenda Item: Subject: June 5, 20 0 6 9 a iii Intergovernmental Agreement w ith Urban Drainage and Flood Control District for Harv ard Gul c h Trail Initiated By: Staff Source: D epartment of Public Works Rick Kahm , Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approv ed an appropriation for the Harvard Gulch Trail in the 2003 Budget. RECOMMENDED ACTION Staff recommends Council approval of a Bill for an Ordinance to enter into an agreement w ith the Urban Drainage and Flood Control District (UDFCD). This agreement defines resp o nsibilities and financial c ommitments r elated to the c onstru c ti o n of th e West Harv ard Gulch Trail. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In Au gust o f 200 2, the City o f Den v er approa c hed Engle woo d requestin g our participation in extending the ex isting Harvard Gulch Trail System to the South Platte Ri v er. Presentl y, the trail e nds n ear o ur Ci ty Limit Line in the Northw est Greenbelt east of Raritan Street. Council budgeted $88 ,000 as our c ontribution to the projec t. D enve r's initial constru c tion estimate in 200 2 w as $260,000. Design issues we re discov ered that substantiall y in c re as ed th e anticipated c o sts . In 2004, the Urban Drainage and Flood Control Distri ct (UDFCD) ag ree d to take th e lea d and manag e th e proj ec t. Th e sc ope of the projec t now includes th e propos ed trail sys tem wi th two cree k cros sin gs, a 12' X 9 ' by 4 2' long Bo x Cul ve rt un d e r th e rai lroa d trac ks, c ree k improvements, and la nd scape res t o ratio n. Pl ans for the project are 9 5% complete, and UDFCD exp ec ts final bid doc uments in a fe w w eeks . We expec t project construct ion could begin as early as this fall. FINANCIAL IMPACT Eng lewood 's contribu t ion t o t he p ro j ec t remains a lump sum amo u n t of $88,000. U D FCD has c ommi t men t s to taling $1,107,377 fo r the p roject as de tai led be low: City of Denve r Urban Drainage City of Englewood $31 7,3 77 70 2,000 88,000 LIST OF ATTACHMENTS Bill for an Ordinance ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 22 INTRODUCED BY COUNCIL MEMBER ------- A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED AGREEMENT REGARDING DESIGN AND CONSTRUCTION OF MAINTENANCE IMPROVEMENTS TO WEST HARVARD GULCH, CITY OF ENGLEWOOD, BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE URBAN DRAINAGE AND THE FLOOD CONTROL DISTRICT. qa)ii WHEREAS , the City of Denver approached the City of Englewood requesting Englewood's participation in extending the existing Harvard Gulch Trail System to the South Platte River in 2002; and WHEREAS , the present trail ends near Englewood 's City limit line in the Northwest Greenbelt east of Raritan Street; and WHEREAS , Urban Drainage And Flood Control District has commitments totaling $1,107 ,377 for the project which include s the City of Englewood·s contribution of $88,000 which has been previously budgeted ; and WHEREAS , the passage of this Ordinance authorizes the Intergo ve rnmental "Agreement Regarding Design And Construction Of Maintenance Impro ve ments To West Harvard Gulch , City Of Englewood '. between the Urban Drainage and Flood Control Di strict and the City of Englewood , Colorado defining responsibilities and financial commitments related to the construction of the West Harvard Gulch Trail; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Section 1. The Intergove rnmental Agreement between the City of Englewood , Colorado and the Urban Drainage and Flood Cont ro l District that define s responsibilities and financial co mmitm e nt s related to the construction of the West Harvard Gulch Trail , attached as .. Ex hibit A'", is hereby accepted and approved by the Englewood City Council. Section 2 . The Mayor is authorized to execute and the City Clerk to attest and seal the Intergovernmental Agreement for and on behalf of the City of Englewood, Colorado . Introduced , read in full , and passed on first reading on the 5t h day of June , 2006. Published as a Bill for an Ordinance on the 9th day of June, 2006 . Olga Wolosyn , Mayor ATTEST: Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance , introduced , read in full , and passed on first reading on the 5th day of June, 2006. Loucrishia A . Ellis AGREEMENT REGARDING DESIGN AND CONSTRUCTION OF MAINTENANCE IMPROVEMENTS TO WEST HARV ARD GULCH, CITY OF ENGLEWOOD Agreement No. 06-03.03 THIS AGREEMENT, made this day of , 2006 , by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT") and CITY OF ENGLEWOOD (hereinafter called "CITY") and collectively known as "PARTIES;" WITNESS ETH: WHEREAS , the Colorado General Assembly in 1979 and 1983 amended 32-ll-217(l)(C), Colorado Revised Statutes 1973 to authorize DISTRICT to levy up to four -tenth (.4) mill for the maintenance and preservation of flood ways and floodplains within DISTRICT; and WHEREAS, 32-11-203, Colorado Revised Statutes 1973, as amended in 1979 and 1983, further authorizes DISTRICT's Board of Directors to institute a systematic and uniform program of preventive maintenance for such floodways and floodplains within DISTRICT; and WHEREAS, DISTRICT's Board of Directors, pursuant to such authorization, adopted a budget for 2006 (Resolution No . 67, Series of 2005) which includes funds for preventive maintenance of drainage and flood control facilities within DISTRICT; and WHEREAS, DISTRICT's Board of Directors reviewed and authorized expenditures for the 2006 Maintenance Work Program (Resolution No . 83, Series of2005); and WHEREAS, DISTRICT's Board of Directors authorized the Executive Director to contract for those services necessary to implement the 2006 Maintenance Work Program (Resolution No. 83, Series of 2005); and WHEREAS, DISTRICT's Board of Directors adopted a policy that sets forth DISTRICT policy regarding the maintenance of drainage and flood control facilities within DISTRICT (Resolution No. 41, Series of 1978); and WHEREAS , CITY requested DISTRICT maintenance funds and DISTRICT included in the 2006 Maintenance Work Program a work item to participate in the design and construction of maintenance improvements; and WHEREAS. PARTIES desire to proceed with design and construction of maintenance improvements to West Harvard Gulch (hereinafter called "PROJECT"). NOW, THEREFORE, in consideration of the mutual promises contained herein , PARTIES agree as follows : I. SCOPE OF AGREEMENT This Agree ment defines the responsibilities and financial commitments of PARTIES with res pec t to PROJECT . ! )C I- I E I 1 2 . SCOPE OF PROJECT PROJECT will consist of design and construction of drainage and trail improvements from BNSF railroad track west approximately 1500 L.F. 3 . PUBLIC NECESSITY PARTIES agree that the work performed pursuant to this Agreement is necessary for the health, safety, comfort, convenience, and welfare of all the people of the State, and is of particular benefit to the inhabitants of DISTRICT and the property therein . 4 . PROJECT COSTS A. Definition of PROJECT Costs . PARTIES agree that for the purposes of this Agreement PROJECT costs for Paragraph 2 . SCOPE OF PROJECT shall consist of, and be limited to , engineering services; construction services ; and construction related services for the drainage, flood control, sewer relocations, and trail and parks improvements portions of PROJECT. B. Estimated PROJECT Costs . The estimated costs associated with PROJECT as defined above are as follows: ITEM 1. Engineering Services 2 . Construction Total AMOUNT $ 25,000 150,000 $175 ,000 This breakdown of costs is for estimating purposes only . Costs may vary between the various elements of the effort without amendment to this Agreement provided the total expenditures do not exceed the maximum contribution by all PARTIES plus accrued interest. 5 . ALLOCATION OF COSTS AND FINANCIAL COMMITMENTS OF PARTIES PARTIES shall each contribute the following percentages and maximum amounts for elements of PROJECT as defined in Paragraphs 2 a nd 4 of this Agreement: DISTRICT CITY T O TAL Maximum C ontr ibut ion $ 87,000 $ 88,000 $17 5,000 Payme nt of C IT Y 's s hare ($88,000) sh a ll be made to D ISTRICT s ubseque nt to e xec ution of thi s Agreemen t and w ith in 30 d ays of reques t for pay men t b y DIST RICT. DISTRICT's s ha re ($87,000) has a l ready been pl aced in the s pecial fund accou nt set up fo r PROJECT. T he pay ments by PARTIES s h a ll be he ld by DISTRICT in a s pecial fu nd to pay for in crement s of P ROJECT as au th orized by PARTIES, an d as defi ne d herei n . DISTR ICT s ha ll provid e a pe riodi c accounting of PROJECT funds as well as a periodic notification to CITY of an y unpaid obligation s. A ny in terest earned by the monies contributed by PARTIES shall be accrued to the special fund established by 2 DISTRICT for PROJECT and such interest shall be used only for PROJECT and will not require an amendment to this Agreement. Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed , obligated, or dispersed , each party shall receive a share of such monies , which shares shall be computed as were the original shares. 6 . MANAGEMENT OF DESIGN A . DISTRICT shall contract for and be responsible for the management, administration , and coordination of the engineering services for design . This will include final design , utility coordination , surveying, bid preparation, addendum preparation, bid opening , and recommendation of award. B. DISTRICT's contracting officer or representative shall be the only individual authorized to direct or redirect, by amendment(s) agreed to by PARTIES, the agreement for design of PROJECT. C . DISTRICT shall have the authority to meet with and guide the engineer in design matters related strictly to drainage and flood control. Any direction given to the engineer by DISTRICT regarding those matters must first have the concurrence of PARTIES . D . The contract documents must be reviewed and approved by all PARTIES before construction can begin. Any changes to the approved contract documents require the concurrence of PARTIES. E. The engineer shall be required to submit to PARTIES a design report including all hydrologic data, hydraulic calculations , design criteria, structural data and calculations, and other pertinent and appropriate design information , calculations, and criteria used and/or developed during the course of the design after all PARTIES review and approve final plans and specifications. F. PARTIES shall each receive at least one set of vellum reproducible plans and one set of construction specifications. An electronic copy of the plans and specifications shall also be provided . G . DISTRICT s ha ll be res p onsibie for ac qu isition o f all local, state a nd fe deral permi ts as needed . H. In the event that it becomes necessary and ad visab le to change th e scope or detai l of the work to be performe d under this Agreeme nt , such cha nges sh a ll be rej~cted o r a pproved in wri ti ng by th e c ontrac tin g o ffice rs . No d esign amendments sha ll be app roved th at in crease th e cos ts beyond the fu nd s av ailabl e in th e project fund , includin g interest earned on th ose fund s, unl ess a nd until the add ition a l fund s needed to p ay for the added costs a re committed b y all PARTIES by a me ndme nt to th is Ag reement. \111:11111\:lgnnnt\060303 3 7 . MANAGEMENT OF CONSTRUCTION A. Costs. Construction costs shall consist of those costs as incurred by the lowest acceptable bidder(s) including detour costs, licenses and permits , utility relocations, and construction related engineering services as defined in Paragraph 4 of this Agreement. B . Construction Management and Payment I . DISTRICT shall administer and coordinate the construction -relate d work as provided herein. 2 . DISTRICT shall advertise for construction bids, conduct a bid opening, prepare construction contract documents, and award construction contract(s). 3. DISTRICT shall require the contractor to provide adequate liability insurance th at includes CITY. The contractor shall be required to indemnify CITY. Copies of the insurance coverage shall be provided to CITY. 4. DISTRICT shall coordinate field surveying; staking; weekly inspection of work; testing; engineering; preparation of survey control points and explanatory sketches ; revisions of contract plans ; shop drawing review; preparation of reproducible record drawings; and final inspection as required to construct PROJECT. DISTRICT shall assure th at construction is performed in accordance with the construction contract documents including approved plans and specifications and sha ll accurately record th e quantiti es and costs re lative the reto . Copi es of a ll in spec t ion re ports shall be furnished to CITY as request e d . 5 . PARTIES shall have access to the site during construction at all times to obser ve th e progress of work and conformance to construction contract documents including plans and specifications. 6. DISTRICT shall re view and approve contractor billin gs and prepare partial and final payments. DISTRICT sh all re mit pa yme nt to contractor based on a pprove d billings. 7. DISTRICT shall pre pare and iss ue a ll writte n cha nge o r wo rk orders to the contrac t doc ume nts . 8. PARTIES shall jointly conduct a final inspection and accept or reject the completed PROJECT in accordance with the contract documents. 9. DISTRICT shall provide CITY a set of reproducible record drawings if requested. C. Constru ct io n Change O rd ers. In the event that i t becomes necessary and advisa bl e to change the scope or detail of the work to be performed under the contract(s), such c ha nges shall be rejected or approved in writing by the contracting officers . No c hange ord ers shall be approved that increase the costs beyond the funds avai lable in the project fund, inc l uding interest earned on those funds, unless and until the additional funds needed to pay for the added costs are committed by all PARTIES by amendment to this Agreement. \tna In 1\.1gnnn t\0<,0303 4 8. OWNERSHJP AND MAINTENANCE PARTIES agree that CITY shall own and be responsibl e for maintenanc e of the completed and accepted PROJECT. PARTIES further agree that DISTRICT, at CITY's request, shall assist CITY with the maintenance of all facilities constructed or modified by virtue of this Agreement to the extent possible depending on ava ilability of DISTRICT funds. Such maintenance assistance shall be limited to drainage and flood control features of PROJECT. Maintenance assistance may include activities such as keeping flow areas free and clear of debris and silt , keeping culverts free of debris and sediment, repairing drainage and flood control structures such as drop structures and energy dissipaters, and clean-up measures after periods of heavy runoff. The specific nature of the maintenance assistance shall be set forth in a memorandum of understanding from DISTRICT to CITY, upon acceptance of DISTRICT's annual Maintenance Work Program. DISTRICT shall have right-of-access to right-of-way and storm drainage improvements at all times for observation of flood control facility conditions and for maintenance when funds are available. 9 . TERM OF AGREEMENT The term of the Agreement shall commence upon final execution by all PARTIES and shall terminate one year after the final payment is made to the construction contractor and the final accounting of funds on deposit at DISTRICT is provided to all PARTIES pursuant to Paragraph 5 herein . I 0 . LlABILITY Each party hereto shall be responsible for any suits, demands , costs or actions at law resulting from its own acts or omissions and may insure against such possibilities as appropriate. 11. CONTRACTING OFFICERS AND NOTICES A. The contracting officer for CITY shall be the Capital Projects Administrator, 1000 Engle..yood Parkway, Englewood, CO 80110. B. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th Avenue , Suite 156B , Denver, CO 80211. C. Any notices , de mands or other c ommunications required or pe rmitte d to be given by any provision of this Agreement sh a ll be given in writ ing, d e l ivere d personall y or sent by registered ma il , pos tage prepai d and return recei p t requested, add ressed to PAR TIES at the addresses set for th a bo ve or a t suc h other address as either party ma y hereafter or fro m time to time designa te by wr itt e n noti ce to th e othe r party g iven when pe rsonally de liv e red o r ma il ed , and sha ll be con sid e re d rece ived in the earli er of e ith er th e da y on whi ch s uch noti ce is act ua ll y received by the p arty to whom it is addressed or th e third d ay afte r suc h no t ice is ma il ed . D . The contrac tin g officers for PARTIES each agree to d esignate and assign a proj ect represent a ti ve to act on th e be ha lf o f sai d P A RTIES i n a ll matt ers re lated to PROJECT undertaken purs uant to th is Agreement. Eac h re p resenta tive shall coordi n a te a ll PROJECT-related issues between PARTIES, shall attend all progress meetings, and shall be \nrn,nt\agrmnt\060303 5 responsible for providing all available PROJECT-related file information to the engineer upon request by DISTRICT or CITY. Said representatives will have the authority for all approvals, authorizations, notices or concurrences required under this Agreement or any amendments or addenda to this Agreement. 12. AMENDMENTS This Agreement contains all of the terms agreed upon by and among PARTIES . Any amendments or modifications to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding. 13 . SEVERABILITY If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or provisions shall be given full force and effect. 14 . APPLICABLE LAWS This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for any and all legal actions regarding the transaction covered herein shall lie in District Court in and for the County of Denver, State of Colorado. 15. ASSIGNABILITY No party to this Agreement shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the nonassigning party or parties to this Agreement. 16 . BINDING EFFECT The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and to their respective successors and permitted assigns. 17. ENFORCEABILITY PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity, by decree of specific performance or damages , or such other legal or equitable relief as may be available subject to the provisions of the laws of the State of Colorado. 18. TERMINATION OF AGREEMENT This Agreement may be terminated upon thirty (30) day 's written notice by any of PARTIES, but only if there are no contingent, outstanding contracts. If there are contingent, outstanding contracts, this Agreement may only be terminated upon mutual agreement of all PARTIES and only upon the cancellation of all contingent, outstanding contracts. All costs associated with th e ca nc e llation of the contingent contracts shall be shared between PARTIES in the same ratio (s) as were th eir contributions and subject to the maximum amount of each party 's contribution as set for th here in . 19 . PUBLI RELATIONS It sha ll be at CITY 's sole di scretion to initiate and to ca tTy out any public relations program to inform the re idents in PROJECT area as to the purpose of the proposed facilities and w hat impact 6 it may have on them. Technical and final design recommendations shall be presented to the public by the selected engineer. In any event DISTRICT shall have no responsibility for a public relations program, but shall assist CITY as needed and appropriate . 20. NO DISCRIMINATION IN EMPLOYMENT In connection with the performance of work under this Agreement, PARTIES agree not to refuse to hire , discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified because of race , color, ancestry, creed, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability and further agree to insert the foregoing provision in all subcontracts hereunder. 21. APPROPRIATIONS Notwithstanding any other term, condition, or provision herein, each and every obligation of CITY and/or DISTRICT stated in this Agreement is subject to the requirement of a prior appropriation of funds therefore by the appropriate governing body of CITY and/or DISTRICT. 22. NO THIRD PARTY BENEFICIARIES It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of PARTIES that any person or party other than any one of PARTIES receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only . WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatures as of the date and year above written . (SEAL) ATTEST: (SEAL) ATTEST: \ma1n1\:lgrmn1\060303 7 URBAN DRAINAGE AND FLOOD CONTROL DISTRICT By _____________ _ Title Executive Director Date _____________ _ CITY OF E NGLEWOOD BY-------------~ Title ____________ _ Date _____________ _ ORDINANCE NO . SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 15 INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COMMUNITY COLLEGE/AREA CAREER AND TECHNICAL SCHOOL AND THE CITY OF ENGLEWOOD PERTAINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT 2360 SOUTH ZUNI STREET, ENGLEWOOD, COLORADO . WHEREAS, the City Council of the City of Englewood has committed to reviewing options for housing and developing a strategy to enhance diverse housing options in the community; and WHEREAS, the City of Englewood became involved with Arapahoe Community College Area Career and Technical School (ACTS) during 1985 when the principal of Colorado's Finest Alternative High School contacted the City for assistance in expanding the building trades program ; and WHEREAS, the ACTS program was able to offer a two year Comprehensive Building Trades program for high school students and adults to have a "hands-on" experience in building a home from the ground up throughout the school year; and WHEREAS , City will act in the role of the developer by providing construction funds from the Housing Rehabilitation Fund and a site contractor will be hired to coordinate the day-to-day building activities with the ACTS instructor and students ; and WHEREAS , the site, with house , will be sold after completion of the project and the proceeds will be r eturned to the Housing Rehabilitation Fund ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section I . The City Council of the City of Englewood, Colorado hereby authorizes the Intergovernmenta l Agreement between th e Arapahoe Comm unit y College/Area Career and Technical School and the City of Englewood, a copy of wh ich is marked as "Exhibit A" and attached hereto . Section 2. The Mayor a nd th e City Clerk are hereby author ized to sign and attest sai d Intergovernmental Agreement on behalf of th e City of En glewood . Introdu ced , read in full , and passed on first reading on the 1st day of May , 2006 . -1- 9bi Published as a Bill for an Ordinance on the 12th day of May, 2006. Read by title and passed on final reading on the 5th day of June, 2006 . Published by title as Ordinance No . _, Series of 2006, on the 9th day of June, 2006. Olga Wolosyn , Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2006 . Loucrishia A. Ellis -2- AGREEMENT Thi s Agreement, made this __ day of 2006, is between th e CITY OF ENGLEWOOD , COLORADO (the Ci ty), and the ARAPAHOE COMMUNITY COLLE GE/AREA CAREER AND TECHNICAL SCHOOL (ACC/ACTS) of 5900 South Santa Fe Drive-#AD 427 , P. 0 . Box 9002, L ittleton, Colorado 80160-9002 . WHEREAS, the City desires to assist the students in the ACC/ACTS program to gain experience for th eir Comprehensive Building Trades ACTS class es ; and WHEREAS, ACC/ACTS desires to provide practical on-the-job exp erience to Student Laborers regularly enrolled in its Comprehensive Building Trades classes ; NOW, THEREFORE, in consideration of the mutual promises made herein the parties agree as follows : ARTICLE I -DUTIES A. A CC/ACTS: 1. ACC/ACTS shall provide student laborers to perform construction jobs related to the constmction of a dwelling located at 2360 South Zuni Street (the "Proj ect"), according to th e plans and specifications to be prov id e d by th e City. ACC/ACTS shall pro v ide wo rk crews in s eparate cl a ss es . 2 . ACC/ACTS shall instruct the Student Laborers in the construction trades ' skills , which they will need in order to perform their tasks in the constmction of the dwelling. ACC/ACTS makes no representations that the Stud ent Laborers will be skilled in the tasks they are asked to perform by the City . (See attached Task L ist outlining responsibilities of the City and ACC/ACTS. 3. ACC/ACTS shall make available at the construction site for use by the Student Laborers in construction of the dwelling, hand and power tools , except those mentioned in Article 1-B . 3 , as ACC/ACTS shall deem adequate in quality and quantity . To th e ext ent that other equipment is needed for the Project and is available wi th out cost to ACC /A C TS , ACC/ACTS shall provide the equ ipment. A ll other equipment shall be the responsibility of the City. 4 . Transportation will be the responsibility of the student laborers and/or school districts where applicable and provided. B. THE C I TY: I . The City shall manage and supervise the con st·uction Project. The C ity shall obtain all permits, licenses, inspections and certificates, b lueprints and uti lities (temporary service). 2. The City shall pay the costs of all materials used on th e Project, for all subcontractors other than ACC/ACTS and all other costs associated with the Project, except those which are to be paid by ACC/ACTS as set forth in this Agreement. I! X H I B I T 3 . The City shall provide each Student Laborer with the following tools or acceptable substitute : Tool Belt -Atchison A427-SP, Framing Hammer Stanley -SI649, Tape Measure -25' 33-425, Safety glasses UVEX S 129, Combination Square Stanley 46222, Chalk Line -Stanley 47-051, Utility Knife -Stanley 10-299, Hard Hat- OSHA approved. The City shall not be responsible for the replacement of any tools, which are lost or stolen . If the Student Laborer completes the course, he or she shall be allowed to keep any of the tools remaining in his or her possession . 4. The City shall contribute $30 .00 per Student Laborer toward the cost of jackets for each Student Laborer. 5. The City shall have the right to object to the involvement or prevent the future involvement of any Student Laborer in the Project for failure to adhere to instructions of the City or its agents, violation of safety rules, and conduct which may be harmful to the City, any of its officers, directors, agents or invitees or to any other Student Laborer, or conduct which would constitute a misdemeanor or felony . Every effort will be made to see completion of the Project within one school year. 6 . The City shall require that subcontractors, other than ACC/ACTS, shall take reasonable time to explain the work they are performing. It is expressly agreed that these e xplanations are merely incidental to the work to be performed by such subcontractors and are to interfere as little as practicable with the subcontractors ' other duties. ARTICLE II -LIABILITY A. ACC/ACTS through the Consortium Di stricts shall maintain, at the District Member's sole cost, adequate Workers' Compensation In surance coverage for the Student Laborers, during all times during which Student Laborers are working on the Project. ACTS Consortium Districts shall provide evidence of insurance upon the expiration and renewal of any term of insurance or upon any change in Workers' Compens ation Insurance coverage to ACTS Consortium Districts . B. T h e City will n ot h old ACC/ACTS respons ible for produ cts and compl et ion in surance c o ve rage . C. The City shall maintain liability coverage for the Project. D . A CC/ACTS shall provide an acceptable waiver of liability fo r each Student Laborer. E. A ll p ers onal pro perty belong ing ACC/ACTS or the Stu de nt Lab orer s that is in or on the Project shall b e there at the risk of ACC/ACTS . The City , its age n ts, d irectors or employees sh all not be liable for any damage th e reto, un less su ch damage was caused di r ect ly by th e City, its agents, direc t or s or e mp loyee s . T he City s h a ll not be responsible for providing security for a personal property left on the job site by ACC/ACTS or the Stu dent Laborers. ARTICLE III -TERMINATION A . Either party may terminate this Agreement at any time upon 30 days written notice mailed or delivered to the address set forth above . The parties agree that prior to termination of this Agreement by this provision, the parties shall meet or attempt to meet to resolve any dispute . Either party may , for any reason whatsoever, terminate this Agreement after any such meeting or attempted meeting pursuant to this provision. Neither party shall be liable to the other for any actual or perceived lack of good faith in attempting to resolve any dispute in accordance with this provision . B . In the event of termination, the parties shall have no further obl igation whatever under this Agreement and the St udent Laborers may keep any tool belts and tools, which have been, supplied them . C. This Agreement may also be terminated if an acceptable site is not provided by the City by a date mutually acceptable to the parties . ARTICLE JV -EQUAL OPPORTUNITY ACC/ACTS shall adhere to all federal, state and local statutes, ordinances and regulations including, but not limited to, equal opportunities and civil rights laws. ARTICLE V-WAIVER No waiver of any provision of this Agreement shall be construed to be a waiver of any subsequent breach of the same or any other prov ision of this Agreement. ARTICLE VI -INTEGRATION Any and all prior agre ements b etween the parties hereto with resp ect to the subject matter of this Agreement are hereby canceled and terminated. No amendments to this Agreem ent shall be made other than by a written amendment signed by all the parties . ARTICLE VII -ATTORNEYS' FEES In the event of any action or proceeding brought by either party against the other under this Agreement the prevailing party shall be entitled to recover all expenses incurred therefore, including but not limited to, reasonable attorneys' fees . ARTI CLE VIII -GOVERNING LAW T h is A greement is ma de and ent e red in to in the State of C olora do , and sh a ll in all way s be governed and construed by the law of such State. ARTICLE IX -INDEXING All indexi ng set forth in the margin of this Agreement are intended for co n venience only and sh a ll no t co ntro l o r affect th e meanin g , constructi on or effect of th is Agreement or of a ny of the provision s t hereof. ARTICLE X -SEV ERABILITY If any provision of this Agreement is adjudicated invalid or against public policy for any re ason by a court of competent jurisdiction, it is specifically intended that each and every provision not so invalidated shall remain in full force and effect. ARTICLE XI -HEIRS. SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit of and constitute a binding obligat ion upon the contracting parties and their respective heirs, successors and assigns. ARAPAHOE COMMUNITY COLLEGE Date: L/-!'7-o ~ ARAPAHOE COMMUNITY COLLEGE ByC2~ ~Q f oseph A . Loenzo, Controller CITY OF ENGLEWOOD By: ---------------Date: Olga Wolosyn, Mayor ATTEST: Loucrishia A . Ellis, City Clerk TASK LIST* CITY OF ENGLEWOOD Temp Service set All legals and land permits Contractor License to Excavation Foundation Underground Plumbing Truss order Exterior (siding) Gutters Garage OH door HVAC Rough plumbing Rough electrical Insulation Drywall finish/texture Painting interior & exterior Ceramic tile Concrete drive/walk Cabinets & tops Finish plumbing Finish electrical Floor coverings Sprinklers/landscape Provide a boom truck if needed ACC/ACTS CAREER AND TECHNICAL SCHOOL Back brace foundation Floor framing/subfloor Wall framing/Sheathing Roof Truss/Stick build Roof sheathing dry in Shingles (3 tab) Window/Exterior doors Hang drywall All Interior doors Closet shelves Case Base trim Window sills Medicine cabinets Towel bars & T.P . Hardware Set appliances (no built in oven) * This task list can be adjusted by mutual agreement of the (2) parties should scheduling require an adjustment -.__/ ( ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO . 17 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCi. \MENDING TITLE 1, CHAPTERS 4 AND 7, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO COSTS AND PENALTIES IN MUNICIPAL COURT . WHEREAS, the passage of this proposed Ordinance will allow the Englewood Municipal Judge more flexibility in imposing sentences on specific cases that merit a more aggressive penalty; and WHEREAS, these amendments will allow the Englewood Municipal Court to be in alignment with most other metro area jurisdictions regarding court costs and allowable maximum penalties; 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 hereby approves amending Title 1, Chapter 4, Section 1, of the Englewood Municipal Code 2000, which shall read as follows: 1-4-1 : General Penalty. A . Fine ; Imprisonment : It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code or any secondary code adopted herein . Except as otherwise specifically provided for in this Code, the violation of any provisions of this Code or of any secondary code adopted herein shall be punished by a fine not exceeding five hliRElreEI one thousand dollars ($5G(H)G $1,000) or imprisonment for a term not exceeding ene hl:lRElreEI eighty three hundred and sixty (-1-8(} 360) days or by both such fine and imprisonment. The imposition of one penalty shall not excuse any violation nor permit it to continue. Unless otherwise indicated, a separate offense shall be deemed committed upon each day or portion th ereof during or on which any violation of any provision of this Code or any secondary cod e adopted herein occurs or continu es. B. No Jail Sentence for Ju veniles : No jail sentence shall be imposed upon persons under the age of eigh teen (18) years . 9 b Ii C. Trial By Jury for Juveniles : No child under the age of eighteen (18) years shall be entitled to a trial by jury for a violation of a municipal ordinance for which imprisonment in jail is not a possible penalty; except that such a child is entitled to a trial by jury for any offense which would be a Class I misdemeanor under a State counterpart statute. D. Every person convicted of a violation of any provision stated or adopted which is designated as a "traffic infraction" and for which a penalty is paid or payable at the "Traffic Violations Bureau" shall be punished by a penalty not exceeding one thousand dollars ($1,000 .00). There shall be no imprisonment for traffic infractions. Section 2. The City Council of the City of Englewood hereby approves amending Title I, Chapter 7, Section 5, of the Englewood Municipal Code 2000, which shall read as follows: 1-7-5: Court Costs. A. Court, Ju,y and Witness Costs : The Judge shall tax and collect as costs in every case brought before him/her a fee of no less than fifteen dollars ($15.00), and for a trial to a jury the costs shall be forty-five dollars ($45.00). In addition thereto, each member of a jury panel who shall attend the Municipal Court shall receive as compensation therefor the sum of three dollars ($3.00), and each juror who shall attend the Municipal Court shall be entitled to a juror's fee of six dollars ($6.00) per day or part of a day in which said juror shall be in attendance . Each witness called by the City, except officers or employees of the City, shall be paid a witness fee of five dollars ($5 .00) for each day or part of a day in which he /she shall be in attendance. Such jury and witness fees shall be assessed as a part of the costs, and all such costs shall be assessed against the defendant in the event he/she shall be found guilty. B. Costs for Sen1ice or Execution : The Municipal Court may assess against a defendant all costs of any process, writ or warrant issued by it, including the cost of service, commitment or incarceration. Section 3. Safety Clauses . The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public , and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . Section 4 . Sevcrability . If any clause , sentence, paragraph , or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 5 . Incon sis tent Ordinances. All other Ordinances or portions thereof inconsi stent or conflicting with this Ordinance or any portion hereof arc hereby repealed to the ex tent of suc h inconsistency or conflict. , ( Section 6 . Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 7. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance . Introduced, read in full, and passed on first reading on the 15th day of May, 2006. Published as a Bill for an Ordinance on the 19th day of May, 2006. Read by title and passed on final reading on the 5th day of June, 2006. Published by title as Ordinance No. _, Series of 2006, on the 9th day of June, 2006. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A . Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2006 . Loucrishia A . Ellis BY AUTHORITY ORDINANCE NO. SERIES OF 2006 COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AMENDING TITLE 7, CHAPTER 68, SECTION 11, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO POLICE AND FIRE ALARM SYSTEM REPORTS. WHEREAS, the passage of this Ordinance will allow the Englewood Municipal Judge flexibility and discretion in determining appropriate penalties in individual cases; and WHEREAS, this amendment will allow the Englewood Municipal Court to be in alignment with most other metro area jurisdictions regarding false alarm penalties; 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 hereby approves amending Title 7, Chapter 68, Section 11, of the Englewood Municipal Code 2000, with the deletion of Subsection E in its entirety, to read as follows : 7-68-11: Police and Fire Alarm System Reports. A. It shall be unlawful for a person to knowingly cause a false alarm for fire, police, or other emergency to be transmitted to or within any organization, official or volunteer. B. It shall be unlawful for a person to knowingly cause a false alarm for fire, police, or other emergency to be transmitted to a public safety agency. C . False alarm shall mean any alarm signal originating from an alarm device, dial alarm, audible alarm device or central alarm station to which a public safety agency responds and which results from: 1. False activation where the activator knows or should reasonably know that such alarm is false, including reporting a robbery where no actual or attempted robbery has occurred or reporting a burglary where there is no evidence to substantiate an attempted or forced entry to the premises or reporting a fire or medical emergency where there is no evidence to substantiate such an emergency; 2 . Alarm triggered by negligence; 3 . Failure to correct a malfunction in an alarm system which has previously resulted in a false alarm, including overly sensitive setti ngs . D . When an alarm gives notice to a public safety agency, it is presumed that the owner/lessee of the alarm system activated the alarm . 9 b iii £.. AHy persof! • .,,.ho shall plead g1:1ilty to a YiolatioR eoRtaiHed v,rithifl this Artiele shall ee fiHed iR aeeordaRee with the followiRg sehed1:1le: h-UpoR the eoR't'ietioR or plea of g1:1ilt)', the M1:1Rieipal Co1:1rt J\:ldge shall assess a fiRe of tweRty fi,·e dollars ($25.00). ls-All s1:1mm0Rs aHd eomplaif!ts iss1:1ed for 1,riolatioR of 7 6B 11 EHglewooa M1:1Rieipal Code 2000, shall pro·,·ide for a plea of g1:1ilty to ee eHtered af!a paymeflt of fiHe ey mail witho1:1t eo1:1rt appearaHee. If more thafl oRe YiolatioR has oee1:1rred ifl a ealeHdar year, the s1:1mm0Rs aRd eomplaiRt may pro·,ride that a eo1:1rt appearaHee ee req1:1ired . ~ No jail seHteRee shall ee imposed for aRy 1,·iolatiofl of a pro•,risioR of 7 6B 11 . Section 2. Safety Clauses . The City Council hereby finds , determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . Section 3. 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 it application to other persons or circumstances. Section 4. Inconsistent Ordinances . All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of 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 enforcemen t of the p enalty , forfeiture, or liability, as well as for the purpose of s ustaining any judgment, decree, or order which can or may be rendered, entered , or made in such actions, suits, proceedings, or prosecutions . Section 6 . Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 15th day of May, 2006. Published as a Bill for an Ordinance on the 19th day of May, 2006. Read by title and passed on final reading on the 5th day of June, 2006. Published by title as Ordinance No . _, Series of 2006, on the 9th day of June, 2006. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2006. Loucrishia A . Ellis City of Englewood AGENDA ITEM 10 (a) PUBLIC HEARING ROSTER DATE: June 5, 2006 P-ublic Hearing to gather input on Council Bill No. 16, pertaining to the number of animals maintained at a household or premises. PLEASE PRINT NAME ADDRESS ·' NAME ADDRESS PROOF OF PUBLICATION THE LITTLETON I NO [PENDENT STATE OF COLORADO COUNTY OF ARAPAHOE ss I, Jeremy S. Bangs , do solemnly swear that I am the Managing Ed itor of THE LITTLETON INDEPENDENT and that same is a weekly newspaper pub- lished in ·the City of Littleton , in the County of Arapahoe , State of Colorado, and has a general circulat ion there in ; that sa id news- paper has been published continuously and uninterruptedly in sa id County of Arapahoe for a period of more than 52 weeks prior to the first publication of the annexed notice ; that said newspaper is entered in the Post Office of Littleton, Colorado as Second Class Mail matter and that the said news - paper is a newspaper within the meaning of the act of the General Assembly of the State of Colorado, approved March 30 , 1923, and entitled "Legal Notices and Advertisements" and other acts relating to the printing and publ ishing of legal notices and was publ ished in the regular and entire issues of said newspaper, once each week , on the same day of each w ee k, for a period of "'_j_ consecutive insertions and that the first publication of said notice was in the id newspaper dated The last pu · lion of said notice was in the issue o f sa id newspaper dated ---I 2006 . ~~ Jeremy S. Bangs Subscribed and sworn to below , a Nola~ dayol --#-LL/-J._...-+-_.. ... _..,.,_ "~-----· 200 6 . CITY OF ENGLEWOOD · NOTICE Of 'PUBLIC HEARING Notice la hereby given that the ,Clfy Council of the City of Englewocicl, Colorado, haa scheduled • Public Hearing at • Regular City Council Meeting on JUNE 5, 2008, at 7:30 p.m. In the City Council Chambera of Englewood Civic Center, 1000 Englewood Parkway, to gather Input onMOaaltlMICE MIENDIIIIG 'ffll.l! rr, CHAPTllll.11\, 'SIC110N 4, 'OF THE INGLEWOOD MUNICIPAL CODl! .............. ,Oflt! NUIII• OF-IALS WAINED AT A ltOI-IIDLD OIi PRBIISE8. (COUNCIL IIILL NO. 11) , All lntereated pertlea may expreaa opinions In peraon et the Public Hearing or In writing to be ,-11,,ct by the City Clerk by 5:00 p.m. on June 5, 2006 . Anyone wlahlng to apeak at the Public Heertng may cell the City Clerk'• Office, 303.782.2405 or 303.782.2407 to achedule their prwntatlon or• elgn-up aheat will be available at the door. By ·Order of the Englewood City Council. Loucrlahle A. EHie, MMC City Clerk City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 PUIIUIHl!D: IIAY 11, 2lqf !NGl.!WOOD H!IIA1.D ,I ~.:I.? My Commission Exp ires 0712512()(Wl /tJI- ORDINANCE NO . SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO . 16 INTRODUCED BY COUNCIL MEMBER ------ A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER IA , SECTION 4 , OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO THE NUMBER OF ANIMALS MAINTAINED AT A HOUSEHOLD OR PREMISES. WHEREAS , the current ordinance limits the number of animals allowed to be maintained at one household or premises to two dogs and two cats ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I . The City Council of the City of Englewood, Colorado hereby approves amending title 7 , Chapter I A , Section 4 , of the Englewood Municipal Code 2000 , to read as follows: 7-1 A-4: Number of animals maintained on premises ; license requirements . No hous ehold , place or premises may have more than tw-& ~ three ill dogs and tw-& Rt three .Ll) cats o ver s ix (6) months of age, but in no case shall there be any combination of more than four ( 4) such animals . withe1:1t first haYiAg pree1:1red a City hebby breeder's lieeAse as hereiAafter preYided . A City hebby breeder's lieeAse shall Aet be reEt1:1ired 1Nhere the plaee er premises are e1:1rreAtly lieeAsed as a pet shep er beardiAg lcenAel , p1:1rs1:1aAt te seetieA 12 57 101 et seEt . C.R .S. 1973 . All he1:1sehelds as ef the effeeti,·e date ef the OrdiAaAee ewAiAg three (3) degs er eats withe1:1t a hebby areeder's lieeAse A1ay maiAtaiA the three (3) degs er eats e1:1rreAtly evmed b1:1t shall Aet 01aiAtaia mere thaA twe (2) degs aAd twe (2) eats 1:1peA the death er less ef ewaership ef eae ( l) er mere ef the e1:1rreAtly ewAed three (3) degs er eats. Section 2. Safety Clauses. The City Council h ere by finds , d etermin es, and dec lares that thi s Ordinance is promul ga te d und er th e ge nera l police power of th e City of Englewood, th at 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 o bject sought to be obtained . Sec ti on 3 . Severability . If any c la use, sentence, paragraph , or part of th is Ordinance or th e application thereof to a ny person or circ um s tances shall for any reason b e adjudged by a court of competent jurisdiction invalid, such judgment shall no t affect , impai r o r invalidate the remai nd e r of this Ordinance or its applica ti on to other persons or circumstances . Section 4. )n eon is tcn t Ordinances. A ll other Ordinances or portions thereof inconsis tent or conflicting wi th this Ordinance or any portion hereof arc hereby repealed to the extent of suc h inconsistency or conflict. 10 a Section 5 . Effect of repeal or modification . The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits , proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions , suits, proceedings, or prosecutions. Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, amended and passed as amended on the 15 1h day of May, 2006. Published as an amended Bill for an Ordinance on the 19th day of May, 2006 . Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, amended and passed as amended on the 15th day of May, 2006. Loucrishia A. Ellis City of Englewood AGENDA ITEM 10 (b) PUBLIC HEARING ROSTER DATE: June 5, 2006 Public Hearing to gather Input on Council BIii No. 19, pertaining to the South Pennsylvania Street Senior Housing Planned Unit Development (PUD) located at South Pennsylvania Street and Highway 285 In the City of Englewood. PLEASE PRINT NAME ADDRESS NAME ADDRESS TOPIC For your consideration Council Bill No 19 pertaining to South Pennsylvania Street Senior Housing Planned Unit Development Request by Applicant EHA to rezone from current MU-R-3-B to PUD district Submitted for the record Proof of Publication Englewood Herald May 19, 2006 Certification of Posting of public hearing Recommendation Approve South Pennsylvania Street Senior Housing PUD 1. Prior to issuance of any Building Permits the three properties on the east side of South Pennsylvania Street be combined into a single parcel pursuant to City of Englewood and Arapahoe County requirements. Location S Penn & US Hwy 285 = .8 acres 3 parcels east side of S Penn containing total of 1 parcel on west side of S Penn Current Zoning MU-R-3-8: Mixed-Use Residential/Limited Office-Retail District. PUD Ordinances provides Rezones the site Unified development control of 4 parcels making up PUD Establishes zoning and site plan criteria specific to the PUD 2 Parts District plansets district regulations Site Plan sets the site design and requirements 2 Reasons for PUD Though multi-unit residential use is allowed in the MU-R-3-B zone district the request to rezone the site is necessary to permit the following modifications to existing standards: 1. Increase in number of allowed residential units; 2. Reduction in setbacks, and 3. MU-B-1 zone district commercial uses on the western parcel adjacent to existing MU-8-1 zone district. Background • Neighborhood meeting Jan 19, 2006 2 area residents attended • Application submitted Mar 8 • Proposed PUD reviewed by DRT 7 reviewing divisions or departments ' All identified issues and concerns resolved to department satisfaction • PZ public hearing April 18 • 4 conditions of approval • Applicant has addressed 2 of conditions with corrections to the site pl an document • The 3rd condition also addressed • City Traffic Engineer revi ew potential mid-block pedestrian crossing • Same traffic safety determination that mid-block crossing • too close to Highway stopping distance to short for turning vehicles not an expected situation limited v isibility for vehicles turning from Highway lim ited v isibility for pedestrians to see turning vehicles issue can be revis ited in futu re b as ed on incident h i story. • Only 1 condition of development remains , to combine 3 east p arce ls into 1 site , 3 PU D Proposal • Independent, non-assisted living facility is expected to fill the gap between subsidized (i.e. Porter Place) and private senior facilities (i.e. Meridian). • Designed for age and income qualified seniors • EHA Construct 1 building 62 residential units 40 1 BD units 22 2 BD Units • 5 story building located on the east side of S. Penn • Parking 59 total 39 spaces EAST at grade with residential units above 20 spaces WEST • Parking Ratio meets city standards for senior residential use • MU-R-3B does allow service uses for convenience of residents ie hair dresser, gift shop • Request for full use of MU-B-1 commercial uses on west parcel • Made at suggestion of CDD to provide future flexibility in use of this parcel Proximity to existing MUB-1 zoning alone S Logan Frontage on US 285 -appropriate development use on highway Conclusion: CD believes PUD is Consistent with the intent of PUD Criteria established in 7 6-2-7 Official Zoning Map Amendments (Rezonings) • Meets community goal of housing that serves different life style stages • Specifically need for age & income qualified SR housing • Conforms to City development standards Therefore CD supports recommendation for approval with the following conditions 1. Prior to issuance of any Building Permits the three properties on the east side of South Pennsylvania Street be combined into a single parcel pursuant to City of Englewood and Arapahoe County requirements. Questions RepJ from EHA / Otis Odell Odell Architecture PROOF OF PUBLICATION THE L ITT L ETON I N D E PEN D ENT STATE OF COLORADO COUNTY OF ARAPAHOE ss I , Jeremy S . Bangs , do solemnly swear that I am the Managing Editor of THE LITILETON INDEPENDENT and that same is a weekly newspaper pub- lished in the City of Littleton, in the County of Arapahoe, State of Colorado, and has a general circulation there in; that said news- paper has been published continuously and uninterruptedly in sa id County of Arapahoe for a period of more than 52 weeks prior to the first publication of the annexed notice ; that said newspaper is entered in the Post Office of Littleton , Colorado as Second Class Mail matter and that the said news- paper is a newspaper within the meaning of the act of the General Assembly of the State of Colorado , approved March 30 , 1923, and entitled "Legal Notices and Advertisements" and other acts relating to the printing and publishing of legal notices and was published in the regular and ent ire issues of said newspaper, once each week, ~~ ~e same day of each week, for a period L consecutive insertions and that the first publication of sa id notice was in the issue f s · newspaper dated The last publi lion of sa id notice was in the issue of said newspaper dated ---------------· 2006. ~~ Jere m y S . Bangs Subscribed and sworn to bef~e, a Notm , th;, /9 day ol -a..,--= , 2 006. CITY OF ENGLEWOOD NOTICE OF PUBLIC HEARING Notice la hereby ·given that the City Council of the City of Englewood , Colorado, haa scheduled a Public Hearing at a Regular City Councll MeeUng on JUNE 5, 2006, at 7:30 p.m In the City Council Chambers of Engl-ood Civic Centar, 1000 Englawood Parkway, to gathar Input on• Ulll.-,NCE..MP.IIOVING 11.t! SOUN ~mHIIYLYANIA 8TR&ET SENIOII HOUIIIII W!D INT DIM!t:lfaact (PUB> LOCATBD ~T 80IAMNIIN8~ ANDINNWA'Y.111,.,_aTYOF ENCILIWOOD, COI.OflA90. (COUlat'm.L ..,_..,., • Q ·1n19n1stac1 parllea may expreu opinions In peraon at the Public Hearing or In writing to be 1'9Celved by the City Clerk by 5:00 p.m. on June 5, 2006. Anyone wishing to speak at the Public Hearing may call ,the .City Clerk'• Office, 303.782.2405 or 303.782.2407 to schedule their prnentatlon or a sign-up aheat wlll be available at the door. By order of the Englawood Cl Council. · Loucriahla A. Ellla, MMC CltyClerk I City of Englewood 1000 Englewood Parkway Englawood, Colorado 80110 , ...... 1111¥ ... -. ENGLEWOOD HERALD *1:1S2 E> My Commission Exp,res 07/25/2006 /()fr C: (/) I\.) CX) 0, .. t ..._~ 1 -,, \ ;;1. ' • ' .... ' '' --·· -·- ·----· --· -··. -- -·-... i -- ··-~·· -+ I I \ ; ·- · St S . Pennsylvania . ·,s e1ue/\/ASUUBd ·s ----· ____________ _, __ ...,. ---------------- c:: -!2 a_ .s ·-Cl) :c~· •. \~~ .. a .. '·' I . . t .>• .I ·. ,; •h J i ;.i1 . --I _......._,·:·OT-:[. l~J-~: :--1-:-~ -~ -.. -.. i l .. : ·>.·' ,;:. I I • ' ' ' "J I o • o ~.·. ,:, ;~o w '': j I I' I :,11 : , , . . '~ . I ~ • ( ' I • • ' \ •• : • ~. < ~ I ; ' ', . : :' :::. ': ;' I --··-··-··-) I : ',,: ·,: I -/ I =--->:;..,<~.~--' "--· -. 1, ,-.. . . . . .. -,-----s ( I It) i I ( ,1 11 ' .-. ,, -, t~r.L -" . 1, " : \Ji : ~=-~:·1 --• • i 1:';• i • -•• ij B ,~: -··-·>·· -··'1 I :i II --------· I ~ n i · I I! ---~-------~-------~7----~-~# -------r----/ J / ~ • . /f' --1 _ _,,, ·-.--~== ·--...... ~ =-= -.,,./ (.-,; ---/----'· ;: : ~ ,: -'.~ I ··1 ~ 7 ~ " ,-. ~ ~;::~: ~ ! ~ :i IS V 'I'/,\ L\:,tUl l l :, ·~ ,, ,; ~ ~: ~-~ ! " .. :., \I •'" a ______ o I : , t' 1 .( I • ,1,(f .. ··-·-•-•·--.-·--·-••·•••••"••~·-•••••-· __ .... ., ............. _._ "''"""-"""-·•····-•••• ""'"""'""""'"'"""•""" ' • E ·-··--•-~-••••=c•,o·u---., -~ -------------------~ '"'.'--··---------;\\ i i ( i i ; ]1l: . . ;· : : ·1 t ] 1 l 1 I I ~ I I I I I ': I I : . I .. ,) I ~. I ,r '-j CV) -Q) ·, ::::.. Q) ':rj -.J -. co ...:::; c:: Q) "O ·-JI CJ') Q) ct t' C: 0 a :.::; ~ D LI [JI Q) 0 I [ii I [11 LO I I I I I I ....... I I Cl) I I ~ a er-· . -·--· 1 : 111 n nf n1 I ', , O : c-_1: l]: C] I t I CJ I LI : [ ___ JI LJl [ i-JJ Ii r u I I cu [1 I L LU ' I I I I:' c ·1 •t, • j • ' ' • ,'«'lir.,J • I • ~. ' • !¥ •. . . ~,p: ~ ,, . . ,J • .,. l • "' -r 1.... ,#.." ' ' ' ' "'i'~ \Jt!' .f. ._ ,t. I ' I' I ...... Cl) ~ £ :::s 0 C/) E e "t::: 3: Q) ·-> -~ Q) . ...J ...... Q) Q) .b C/) > ., ...... Cl) 1111 <ts Q) :S ::l 0 C/) E e "+:: ~ Q) ·-::::; -~ Q) ....J ...... Q) ~ ...... C/) ) !I . . . N011CE OF HEARING 'f• A PUBLIC HEARING WILLBEHELDBEFORETHECITY COUNCIL ON JUN~; 5. ·2006 AT 7:30 P.M. IN THE COUNCIL CHAMBERS AT 1000 ENGLEWOQD PARKWAY, ENGLEWOOD, COLORADO , TO CONSIDER THE CHANGE OF ' ' ZONING OF TH~~ PROPERTY FROM MU·R·3·B, MIXED-USE RESIDENTIAL/LIMITED OFFICE-RETAIL DISTRICT TO PUD, PLANNED UNIT DEVELOPMENT. • THE PROPOSED PUD INCLUDES 62 AGE ANO INCOME-LIMITED SENIOR HOUSING UNITS !. ANO ASSOCIAT~D PARKING . ANYONE INTER~STED IN THIS MATTER MAY BE HEARD AT THE PUBLIC HEARING AT THE ENGLEWOOD cir. HALL. FOR INFORMATION ON THIS PUD REQUEST, CONTACT THE • DEPARTMENT OF COMMUN ITY DEVELOPMENT AT 3 3-62·234 2. • CITY OF ENGLEWOOD CERTIFICATION OF POSTING CaseNo.~l ATTACH PHOTOGRAPH HERE Attached is a photograph of a sign as it is erected on the following described property . Address 3Etl~ 5~'1 \vo.ili..Sl' ~\e.~ co Legal Descript ion : k,1:5 ~ )~1 C>....~~2: -CONTINUED - I hereby certify that the above-described property was posted continuously for a period of -J-~days,from {)\~/81 ~ to:St..t.#.,9,, 57 ~~ . ~ & ,/ ,.µ te·lJ..cJ Signature G.ktjA~1've..~tr Relation to Property ~.£.~~ I State of Colorado ) ) ss County of Arapahoe ) ,-tX ,.., Subscribed and sworn to before me this j -day of __ J ____ v_~_n_e.. ______ ~ 20 D ~ Notary Public J ·L{l t· -.;: ~r,vv .... " S. ... Ac /fl/ Address £7 ~•-,,r:r;! Cl Ye II 3 My commission expires: -;;:::2.. -/ -:2.-() a-!t.''""111 ""'"''l i..+'•~. \\.A p _:_,,,,,. ~ ~'!·····:.u~al~ § (j.• •;TA\.~ ~ : No -~~~ ;:-• 7" -~ ~ s : ,q ·.;: ;en•,..."'-·'91-·'l>E -~· ""';~ ~ ·~- A s e para t e certification should be presented for each Notice of Hearing si~· •• US I. IC / / Ce rtification must be presented at the public hearing . ,~···· ••• ··~ ~ ~,,,,,ft>lOR~~,r,~ 1 ''""'"'""'''~ Community Development Department 303 -762-2342 . . ' N (1 ., 1 TICE OF HEARING A p u BL. <: HEARING WILL BE HELD BEFORE THE CITY COUNCIL t.:,:- 0 N JUN . !>, 2006 AT 7:30 P.M. I INTHECOUNCILC:HAMBERSAT 1000 ENGLEWOOD PARKWAY, ENGLEWOOD, COLORADO, TO CONSIDER THE CHANGE OF ZONING OF THIS PROPERTY FROM MU·R·3·B, MIXED-USE RESIDENTIAL/LIMITED OFFICE -RETAIL DISTRICT TO PUD, PLANNED UNIT DEVELOPMENT • • THE PROPOSW PUD INCLUDES 62 AGE AND INCOME-LIMITED SENIOR HOUSING UNITS AND A~,SOCIATED PARKING. ANYO NE INTERESTED IN THIS MATTER MAY BE HEARD AT THE PUBLIC HEARING AT THE ENG LEWOOD CITY HALL. FOR INFORMATION ON THIS PUD REQUEST, CONTACT THE • DEPARTMENT OF COMMUNITY DEVELOPMENT AT 303-762-2342. CITY OF ENGLEWOOD CERTIFICATION OF POSTING Case NoC.0~:Q::tl:1 \ ATTACH PHOTOGRAPH HERE Attached is a photograph of a sign as it is erected on the following described property . Address ~ S. ?~ lvQ.Mo.,, Sr-C:~\Q.\bJ.,Cd Legal Description : J-c:31S "<}..d ~ :C:A.)e,.\\.l,S ~ ~ -CONTINUED - I hereby certify that the above-described property was osted continuously for a period of I 9 days, from l't\o ~} g 1 ~~(o to.__. ~~~5~~@.~0~C,~ State of Colorado ) ) ss County of Arapahoe ) Subscribed and sworn to before me this 5-:.~ day of ___ v....;;.· _· _l'\_l'\._"€.. _____ __. 20 f'Y ~ Notary Public Address 7'4, .. ,ro ,/ 'It.+~ I /\ p l//1. 'It.~ • \ \..I:' (\ ~,,i ~ ~v ... · . .-.u~ .. ~ ~ 0.·· ·:~~ ;: • N ·~A'\, ;: . 0 ->':. .... ~ • .,."' ·.,;_'! i~: ~/:/ ,_ ~)>i = • ,(:) ,-• -~ = • i ~ :~. \~. S 1. : , ... ~.~·· IC • A separate cert ification should be presented for each Notice of Hearing ~ft.too~~" Certification must be presented at the public hearing . 1''''"""m""'"~ My commission expires: ___ ;J.._-_?_7_-_,0"'"---'~......_------=- Comrnunity Development Department 303 -762-2342 NOTICE OF HEARING A p u BL IC HEARING WILL BE HELO BEFORE THE CITY COUNCIL ON JUNE 5. 2006 AT 7:30 P.M. INTHECOUNCILCHAMBERSAT 1000 ENGLEWOOD PARKWAY, ENGLEWOOD , COLORADO, TO CONSIDER THE CHANGE OF ZONING OF THIS PROPERTY FROM MU·R·3·B MIXEO·U_SE RE~IOENTIAL/ IM!ill OFFICE-RETAIL DISTRICT TO PUD, PLANNED UNIT DEVELOPMENT. ,_._., THE PROPOSED PUD INCLUDES 62 AGE AND INCOME -LIMITED SENIOR HOUSING UNITS ANO ASSOCIATED PARKING . ANYONE INTERESTED IN THIS MATTER MAY BE HEARD AT THE PUBLIC HEARING AT THE ENGLEWOOD CITY HALL FOR INFORMATION ON THIS PUD REQUEST, CONT"CT THE DEPARlMENT OF COMMUNITY DEVELOPMENT AT 303 -762 ·2341. •). . . . CITY OF ENGLEWOOD CERTIFICATION OF POSTING ATTACH PHOTOGRAPH HERE Attached is a photograph of a sign as it is erected on the following described property . Address 3SBC) S:::e'e.0\'9f lV().,.vJA..~'-r ~\e.woi:1~ Cc, Legal Description : Lo""tS OJ$ \"O ~ \o ""3 -CONTINUED - I hereby certify that the above-described property was posted continuously for a period of -IQ_days.trom ~~ 1g-1~G 10 :Su..u..-.S/~ooc; ~ ••. ,;..;g;4o Signature M-rn~i~ ~~L~K. Relation to Property 'S ~lie-S :'dao r; Date 1 • State of Colorado ) ) ss County of Arapahoe ) =--/', Subscribed and sworn to before me this J ·-day of __ _;Jc=---"'-"-€....:;:_ _____ __._ 20 () (, Notary Public > i:t l , . ·::o--f 2L L ./r<I / Address G.,.~.t 0, .l My commission expires: ___ ';)_·_?_-_-;;;i. __ -·_cr_~=:c----____.;. "-''''" "'"''''" ~·~ \.h p '"i ~~ ~\) ..... ; .s'.t?~~ ~ 0.·· ··:~ ~ .N • • ..t\,. ::Ii. O.,~ •"'--iS ;: • I ~ .-'!I~ i : . ,, J:'t .,-. i ;~: '° ~ J.-;~I ~~·· Un : I ,~-.. 0 '-tc · i! ~~ •• •• # A separate certification should be presented for each Notice of Hearing s~9:i~~~~" Certification must be presented at the public hearing . "''''""""""'~''( Community Development Department 303-762-2342 COUNCIL COMMUNICATION Date: Agenda Item: Subject: June 5, 2006 10 b Case ZON2006-00001 South Pennsylvania Street Senior Housing Planned Unit Development -Public Hearing Initiated By: Staff Source: Dawn Shepherd , Englewood Housing Authority Tricia Langon , Senior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council considered the proposed South Penns ylvania Street Senior Housing Planned Unit Development (PUD) on first reading on May 15 , 2006. Council set the Public Hearing for June 5, 2006. REQUEST The applicant has submitted a Planned Unit De ve lopment (PUD) application to rezone the subject property from MU-R-3 -B Mixe d-Use Residential /Limited Office-Retail Distri ct to Planned Unit Deve lopment. RECOMMENDED ACTION Staff recommends that Council consider testimon y during Public Hearing on the proposed South Penns y lvan ia Str ee t Senior Housing Planned Unit Development and approve the PUD w ith the following c onditions : I . Pri or t o issuance of any Building Permits , the three prope rti es on the eas t side of South Pen ns y lva nia Str ee t be co mbin ed into a single parcel pursuant to City of Engle wood and Arapaho e County requirements. BACKGROUND The four properties subject to this PU D application total 0.81 acres and are located at th e northeast and northwes t corners of South Penns y lvania Street and US Highway 285. The subjec t properties are zoned MU-R-3 -B: Mixed-Use Residentia l/Li mited Office-Retail Distri ct and surrou ndin g properties include a mix of sing le-uni t, duplex, and multi-un it uses along with office uses . In late 2005 th e Englewood Housing Authority presen t ed a concept p lan to Community Developmen t for an affo rdable senior housing development. As required by PUD regulations , the appli can t presented the plan at a neighborhood meeting on Janu ary 19 , 2006. The applicant submi tt ed th e formal PUD application on March 3, 2006, which was reviewed by the City's Dev elopment Re v iew Team. The District Plan and the Site Plan hav e been combined and submitted as one document for concurrent re v iew, as provided for in the PUD Ordinance. The Planning and Zoning Commission considered public testimon y on the PUD application on April 18 , 2006 . The Commission voted to forw ard the application to City Council w ith a recommendation for approval with the following conditions: 1. Prior to being forwarded to City Council the follow ing adjustments shall be made to the application : a. Vicinity map on sheet PUD 1 be redra w n to demonstrate the location of the parking area on the west side of South Pennsylvania Street, b. Front and Rear setbacks be established on sheet PUD 3 for the w estern parcel. 2. Prior to issuance of an y Building Permits, the three properties on the east side of South Pennsyl vania Street be combined into a single parcel pursuant to City of Englewood and Arapahoe County requirements, 3. Traffic Engineer review again the potential for a mid-block crossing, and 4. Recheck the submitted plans for consistency of numbers on all sheets . The applicant addressed Conditions 1 and 4 with corrections to the Planned Unit De v elopment documents. The City's Traffic Engineer addressed Condition 3 by re v iewing the potential for a mid- block pedestrian crosswalk from the surface parking lot to the residential building and reiterated Traffic D iv ision 's opinion that a mid-block cross w alk is in consistent at this time w ith standard traffi c safety guidelines. At this site a mid-block c rossing is not ad v ised because its close proximity to the South Pennsylvania Street and High w ay 285 intersection creates a danger to pedestrians using the cross w alk. Accelerating drive rs turning from High w ay 2 85 w ould ha v e limited stopping distan ce from the intersection to the crosswalk and pedestrians about to use the cross w alk w ould also ha ve limited v isibility to see turning v ehicles . Additionally, a mid-block crosswalk would require no parking areas on both sides of the street w hi c h would further limit the number of on-street parking pl ac es available to the neighborhood. If w arranted due to accident history this issu e can be ree v alu ated in the future. The Plann ed Unit D ev elopm ent is a rezonin g process that est ablish es zon ing reg ul ati o ns a nd si t e p lan c rit eri a t o sp ecific properties to mee t th e needs o f a parti c ul ar deve lopm ent pro p osa l th at may no t b e acc omm o dat e d w ithin ex istin g zo nin g reg ul ation s. Und e r c u rrent M U-R-3-B reg ul ati o ns, t he si t e may be developed at a density of 1 7 residentia l units and service units or facilities (i.e. commercial uses) for the convenience of tenants are allowed. PUD OVERVIEW The Englewood H o usi ng Auth o rit y proposes t o co nst ruc t a six ty-two (62) uni t residentia l development designed fo r age and income qua lified seniors. The independent, non-assisted living facility is expec ted to fill t h e gap between subsidized (i.e. Orchard Place) and private senior facilities (i.e. Meridian). The proposed five st ory building wi ll be located on t he east side of South P nnsyl ania Street and have for ty (40) one-bedroom and twenty-two (22) two-bedroom units on floors two through fi e. At-grade parking (39 spaces) is proposed on the first floor with an additional twenty (:W) parking spaces proposed in a surface lot located on the west side of South P nns y lvania Street. 2 The west parcel is adjacent to B-1 Mixed-Use Commercial District located to the west along South Logan Street. It is currently proposed to be a surface parking lot. The PUD requests approval for this parcel to be used for B-1 mixed-use commercial use in the future. This request is being made at the behest of the Community Development Department to provide for future flexibility in use. Because of this parcel's location on US Highway 285, good planning practice suggests mixed-use is appropriate at this site. ANALYSIS Though multi-unit residential use and commercial services for the convenience of tenants are allowed in the MU-R-3-B zone district, the request to rezone the site is necessary to permit the following modifications to existing standards: 1. Increase in number of allowed residential units; 2. Reduction in setbacks, and 3. Allowance of MU-B-1 zone district commercial uses on the western parcel which is adjacent to an existing MU-B-1 zone district on South Logan Street. The Planned Unit Development is a rezoning process that establishes zoning standards and site planning criteria of a site in order to meet the needs of a specific development proposal that may not be accommodated within existing zoning development regulations . A PUD rezoning provides the opportunity for unified development control for multiple properties or multiple uses. A PUD rezoning prov ides flexibility and diversity in land planning and deve lopment. The PUD is composed of two parts : a District Plan and a Site Plan . The PUD District Plan establishes the zoning regulations for the newly created zone district. These zoning regulations control permitted uses within the PUD, density, and development standards including setbacks, height, landscaping, parking, signage and fencing. The District Plan also addresses general project notes and PUD modification procedures. The District Plan is coupled with a Site Plan that specifies the general site design and requirements of the proposed development. The South Pennsyl va nia Street Senior Housing PUD District Plan and Site Plan have been combined and submitted as one document for concurrent re view. The following zoning analysis compares the South Penns y lvania Street Senior Housing PU D 's proposed standards to existing MU-R-3-B zone district standards . Permitted Uses: PUD MU-R-3-B Multi-un it res id ential dwelling Permitted Surface parking area Conditional Hom e occ upations Permitted Parking Garage Conditional MU-B-1 Commercial (o nl y on the parc el on Commercial service uses including, but are th e wes t si de of South Pennsyl va nia Street) not limited to, barber or beauty shops , gift shops, coffee shops , and dining facilit ies for the co nve nien ce of the tenants. 3 Density: PUD MU-R-3-B 62 units (on east parcel) 1 7 units on east parcel 3 units on west parcel Setbacks: A setback is the minimum distance a structure must be located from a property line. Minimum setbacks are shown on the proposed site plan (PUD-3). PU D East Parcel PUD West parcel MU-R-3-B Front 10 feet 10 feet 15 feet Rear 5 feet 5 feet 25 feet Side (north) 5 feet 6 inches 4 feet 1 5 feet Side (south) 10 feet 8 feet 1 5 feet Building Height: (See PUD-3) PUD MU-R-3-B 60 feet 60 feet Accent wa ll up to 62 feet Spires, belfries, steeples, and elevator penthouses to extend up to 1 8 feet above the maximum height Stair tower for roof access 64 feet (See abov e) Roof top mechanical equipment wil l be screened by parapet wall Fencing: (See PUD-4) PUD MU-R-3-B Per En lewood Munici al Code Per En lewood Munici al Code Landscaping: (See PUD-7) PUD MU-R-3-B 39% of total land area (13,639 sf) 25% of total land area (8,770 sf) 1 2 trees on site 12 trees 72 shrubs 60 shrubs 1 6 trees in right-of-way 21 trees in right-of-way A co nceptua l lands cape plan is included as part of th e submittal. Final land sca pe plans wi ll be based o n final architectural plans and wi ll be submitted as part of th e permit process. 4 , Signage: (See PUD-4) PUD MU-R-3-B Number allowed 3 East Parcel: 2 West parcel: 2 Maximum Area 32 sf leach) 32 sf leach) Sign Type Per Englewood Per Englewood Municipal Municipal Code Code Parking: PUD MU-R-3-B 47 resident spaces 31 residential spaces 1 2 guest spaces 1 2 guest spaces 3 handicap accessible spaces 2 handicap accessible spaces 5 bicvcle parking spaces 3 bicvcle oarking soaces First floor parking will be screened by the building and screening wall. Snow storage is provided on the western parking area site. Traffic: Traffic Division reviewed the PUD proposal and determined no modifications to existing intersections or roadways are required and that the level of traffic generated by the proposed use did not warrant a Traffic Study. Shadow: A shadow study was not required as part of the application as the proposed maximum building height within the PUD is the same as the MU-R-3-B maximum building height standard . The City does not currently regulate solar access or shadow regulations . Utilities: Adequate City of Englewood water and sanitary sewer services are available to the site. Drainage: Engineering staff has reviewed and conditionally approved the Preliminary Drainage Report. A Final Drainage Report will be required as part of the Building Permit application . PUD Modification Procedure: Modifications to the PUD are allowed pursuant to the modification procedures ofTitle 16 : Unified Development Code under which th e PUD was submitted. Major modifications to either the District Plan or Site Plan may only be made through th e same public process under which the PUD was approved. Limited minor modifications to the District Plan may be approved by the City Manager or designee for technical reasons. Limited minor modifications to the Site Plan ma y be approved by the City's Dev elopment Re v iew Team . 5 Other: Conceptual elevation renderings indicating the general architecture and materials to be used in the development are included in the PUD for illustrative purposes only. Final architectural design elevations, material and color boards will be submitted as part of the permit process. SUMMARY Englewood's built-out urban environment presents development challenges for the City including physical limitations to growth, a need for more diverse housing stock, and a need to maintain and develop community vitality. The Englewood Comprehensive Plan speaks to revitalization, redevelopment and reinvestment to address these challenges. The City must provide opportunities for development of high quality projects that will hold va lue for the City over time as well as provide needed services to citizens. The South Pennsylvania Street Senior Housing PUD implements flexible site development opportunities through creative and innovative design and development withou t sacrificing traditional zoning objectives of health, safety and welfare of the community. The PUD provides for possible future commercial development of the west parcel which is an appropriate development option since it is adjacent to the existing MU-B-1 business zone and abuts US Highway 285. The PUD furthers the City's revitalization goals, fills a needed housing gap for seniors , and helps establish a new standard for future development in the City. The Community Development Department believes the proposed South Pennsylvania Street Senior Housing Planned Unit Development achieves these objectives and, therefore, should be recommended for approval with the above stated conditions. PLANNED UNIT DEVELOPMENT CONSIDERATIONS In consider ing a PUD application, Council shall consider the recommendations of the Planning and Zoning Commission , City staff, and the following criteria pursuant to 16-2-7: H: 1. The PUD rezoning shall be made in the interest of promoting health, safety and general welfare of the community and shall be consistent with the Comprehensive Plan. The proposed South Pennsylvania Street Senior Housing PUD application is in conformance with following housing objectives identified in Roadmap Englewood: 2003 Englewood Comprehensive Plan: Obj. 1-2 "Enco urage housing that serves different life-cycle stages." Obj. 1-3 "E ncourage housing in ves tments that improve the housing mix, including both smaller and larger unit sizes, and a wider range of housing types, including single-family, dupl ex, town home and condominium units ." Obj. 3-1 "Enco urage mixed-use developments that include both housing and business and employment opportuni ties ." 6 2 . The proposed development shall comply with all applicable use, development, and design standards set forth in Title and the proposed rezoning shall meet one of the following criteria : a. That the proposed development will exceed the development quality standards , levels of public amenities, or levels of design innovation otherwise applicable under this Title, and would not be possible or practicable under a standard zone district with conditional uses or with a reasonable number of Zoning Variances or Administrative Adjustments; or b. That the property cannot be developed, or that no reasonable economic use of the property can be achieved, under the existing zoning, even through the use of conditional uses or a reasonable number of Zoning Variances or Administrative Adjustments. The proposed South Pennsylvania Street Senior Housing PUD application is in conformance with adopted ordinances, laws and accepted standards of development in the City as reviewed and approved by the Development Review Team. The senior housing development proposed in the South Pennsylvania Street Senior Housing PUD could be achieved under MU-R-3-B standards only through approval of a minimum of ten variances for increase in the number of allowed residential units, encroachment into all setbacks, and allowance of commercial B-1 type uses on the western parcel. A PUD rezoning provides flexibility and diversity in development that may not be accomplished within existing zoning development regulations and also provides the opportunity for unified development control for multiple properties or multiple uses. 3. The resulting rezoned property will not have a significant negative impact on those properties surrounding the rezoned area and that the general public health, safety and welfare of the community are protected. The proposed rezoning application has been reviewed and meets City developments standards and will provide a needed housing opportunity for seniors . FINANCIAL IMPACT By Ordinance (8-1-5 EMC) the Englewood Housing Authority is exempt from all Building Permit fees. The amount of the exemption is based on project valuation and wi ll not be determined until submittal of the Building Permit application. By Resolution No. 48, Council waived development fees of approximately $1,800 imposed by Title 16 regulations associated with the PUD. LIST OF ATTACHMENTS Bill for Ordinance Exhibit A : South Pennsylvania Street Senior Housing Planned Unit Development 7 ORDINANCE NO . SERIES OF 2006 BY AUTHORITY A BILL FOR COUNCIL BILL NO . 19 INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE APPROVING THE SOUTH PENNSYLVANIA STREET SENIOR HOUSING PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT SOUTH PENNSYLVANIA STREET AND HIGHWAY 285 , IN THE CITY OF ENGLEWOOD, COLORADO . WHEREAS , the Englewood Housing Authority is the owner of the properties 3566, 3578 , 3580 and 3597 South Pennsylvania Street, Englewood, Colorado , submitted an application to rezone the property from MU-R-3-B Mixed-Use Residential/Limited Office-Retail District to Planned Unit Development (PUD) for the development of Senior Housing; and WHEREAS, the Englewood Housing Authority properties create a .81 acre site with the proposed mixed-use development of residential and commercial uses ; and WHEREAS, the Planning and Zoning Commission held a Public Hearing on April 18 , 2006 and took testimony on the subject properties which are currently zoned MU-R-3 -B Mixed-Use Residential/Limited Office-Retail District ; and WHEREAS, the Planning & Zoning Commission recommended approval of the PUD with the following conditions: 1. Prior to being forwarded to City Council the following adjustments shall be made to the application : a . Vicinity map on sheet PUD 1 be redrawn to demonstrate the location of the parking area on the west side of South Pennsylvania Street. b . Front and Rear setbacks be establi shed on sheet PUD 3 for th e w estern parce l. 2 . Prior to i ss uance of any Bui ldi ng P erm its, the three properties o n t he east si d e of South Pennsylvan ia Street should be comb ined into a single parcel p ursuant to City of Englewood and Arapahoe County requ irements . 3 . The E n glewoo d Traffic Engineer shou ld review a gai n the potential fo r a mi d - blo c k c ro ssin g . 4 . R ech e ck th e subm itt ed p lan s fo r consis te n cy of number s on all sh eets. WHE R EAS , a ll o f th e foregoi ng req uirements have bee n addressed ; -1- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section 1. The Planned Unit Development, for properties located at South Pennsylvania Street and Highway 285, in the City of Englewood, Colorado , is hereby approved with the conditions noted above. Section 2. Pursuant to Article V, Section 40, of the Englewood Home Rule Charter, the City Council has determined that this Ordinance shall be published by title because of its size . A copy is available in the Office of the Englewood City Clerk . Introduced, read in full, and passed on first reading on the 15th day of May, 2006. Published as a Bill for an Ordinance on the 19th day of May, 2006. Olga Wolosyn , Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance , introduced, read in full, and passed on first reading on the 15th day of May, 2006. Loucrishia A. Ellis -2- (_ -... --------------------------------------------------------------------- VICINITY MAP . E t-ternpden Ave l OS ' :t I: ::;;. •j' I ... -· E Jrtfferlon Ave J .-: el ... B A CKGROUND i Tl£ Sl.UCT PR(f[RTY IS COIPOSED Ir 3 carnruoos PARCllS. .1566, 3578 AND .l5M ()I TH£ [AST Sil (J SOOTH PENNSYLVANA, AND CN: PARCfiS, .1597 (lj 1li£ llST SllE (JS. P£NNSllVANA ST.. TOTAL lffl'ERTY AREA IS JS,077 !f, <I! .8 ACRES. 110£ ARE 1lfllI EXISTING STRUCMES (lj THE PR(f[Rll5, A Dlfl£X 00 TMl SINQ.£ FAIi. Y IOlS. THE SITE IS ()I Tl( CIIMR (J US HCHWAY 285 AND S. PENNSYLVW ST.. THE APPUCNH, OO£'llOO HOOSINC AlJllt(l!IIY, WlREHTlY o.15 THE PR(f[Rll[S, AND IT IS CQjSll£REll A SIMQ.E OEl£LWIH F<I! THIS P.U.D. ~. THE SITE IS Z()l[l) MU-R-3-8, IIIIED-USI: RESlOEHTIAl/LIITEO CJFICE RETA!. ~T. THE PU,Nt(J) lJIT OE\U<AlNT APPIJCATI()j 1111 BE PROCESSED PURSUANT TO THE APPlJCAll£ OTY RErutAlKJIS. ARCHITECTURAL CHARACTER lltlS OEl£LlfllHT IS AN M'I. NfJ INC(I( RESIRICTED HOOSING OEl£LlfllHT. THE IWllNC'S 11ASS1NC 00 US[ (J MATOOI.S lll \1SIJAU.Y R£1lUC( Tl£ SCAif (J Tl£ OCIU!fllHT, AND PRCIIOTE A PEllSllUH l£1£L INIERACTI()j 1TH Tl£ IWIIC. THERE Ill BE A OEl{L(J>[I) CARDEN AREA TO Tl£ SOOTH (J THE IWK, IHCH lll SERI{ AS A TEHAN! ACTI~TY AREA AS llli AS A llffiR ZM f'Ral t«JiWAY 285. Tl£RE lll BE A mIN WN.J. HRE AU.O'El Al~ Tl( SOOTH PR(f[RTY lH TO \1SIJAU. Y DISTANII THE RESllMTS f'Ral THE TRAfflC. MATERIALS ARE SllICTED 1TH WARM TEX1UR£S. llli A LARf£ PEmTMI (J MAS(N!Y, [g,(OAU.Y ()I THE PEDESTRIAN (ll(H1£D EDGES. 0Tl£R MATIRIAlS lll lHCLUOE srucco AND SONG. THE FOQJS Ir MA1£RIAlS lll BE ()I THE 't1SlllI SIDES (J THE BWINC, 1TH lHE im.N' SllES !([[Pl«: 1H£ SAil ARCHITECll.RAl QtARACTIR. ARQtlTECMAl ACO:NTS 111.1 INCi.UDE SUN SliAOINC OEWIS, BN.co«S, ANJ Q!NJE l£1£L PI.ANTERs. Sl811TTED AS A PART (J lliE Pl«l'OSill PIJO ARE COOP TUAL ROmlNCS NDTN; TI£ CO(RAl l[l{L (J OCSl(Jj OO AUTY, f'NSliES N¥J IIATERIAlS TO ll ~ATED IN Tl( Pl!O.lCT. (!ll: P00-7 ). TI( g,£Cf1C ~. MA TIRIALS, ANJ C(la!S TO ll INCOa'(l!A TED IN Tl( IU.DNC lll NOT BE flllY OC1UIIID !Mil OCTAUD ARCHITICTURAl DRAIIIGS HAI{ llEN OC\U.(J>[I). PUD DEVELOPMENT SUMMAR.Y THE APPUCANT PRCfOSES TO OEIU.tf 62 RESllMTIAL N'AROO.T IMITS F<Jl 111. ANJ IHC(I( OOMffD RESIDTS. TOTAL lllJK SIZE I ll BE 57,700 SOOARE FEET ()I 5 l£1£LS. INQJONG ~ L£\O. PARl(ING, Tl£RE ARE 59 PARKING !PACES ()I Q!NJE, J9 !PACES IN Til CARMI ()I Tl£ Q!(lN) FtOO! (J Til PIN).(CT, Ntl 20 !PACES ()I TI( IEST CIIMR (J S. POIISYl VIHA ST.. Tl( PNOC flOJl(l(NTS ARE ~ ()I ZlMIC REQHl(HTS F<I! SOD OCW'ANCY. THC PARKIIC IN THE CARMI Ill ll S(ffl)(l) f'ROI TI£ STREET 8Y TI( IWIIC Ll8Tf ANO G.IRMI 1111.l.S. TI( iw»«; FOOTPRINT IS LOCATED TO TI( N<l!TH Sil (J TI( Ill[. l£A\K A 27 FOOT lm!R ZM/CAROCN Oi 1li£ SOOTH SIDE (J THE lWllNG. PUD DISTRICT PLAN DEVELOPMENT STANDARDS A. 8 RAL R[(rulk)jS: lNISS OTHER'IIISE PR0111)[() F<Jl IN THIS POO 1R AN AlllOlNT TilRETO, TI( PROl1Sl()IS, STOOAROS, R[(UAll()jS AND PROCallftS PERllNENT TD AN APPIJCATl()I FIR THE 0[1£La>l(NT (J LAND ITHIN THIS POO 11M DISTRICT SliAU. CIM'LY 1TH TI( ltU -R -3-B ZM DISTRICT (J THE OTY IJ [H(llmJ AND RELATED ZOilNG R£WLAU 1H EFFECT AT THE TIME ANY Full.RE APPUCATl()I IS fl£D 1TH TH[ aTY. B. PERIITTED USES: 1HE FOJ.OWINC USES ARE PERMITTED IN TI£ S. PENN ST. SOQ! HO.JSING PRO.EC!. lH.fSS OlltER11SE PRO',l)[D, Tl£ fOJ.QalG US[ CATIOOllS AND TYPES SliAU. HAI{ THE 5.11( IUHINGS AS SUCH CATioorf AND USE TffiMS BY 1H£ SAil NMlS CQjJAl(D IN TITIL£ 16 (J M ENClilOOl IDfClPAL C(OC PERIIITTED I SES ARE SUB.EC! TO AU. IPPUCABL[ REWLAIIONS IJ TIT\£ 16 -IHfl£D 0£\f.l<J'IIOO COO£. PERIITTED USES: MULTI UNI O.:WNG SlMACE PARQIG AREA PARl(INC CAR/11. Bl C<WRCIAl USES ( (H. Y ()I llST SIDE (J S. P(ftj ST. ) ACCESS®' USES: H(II[ OCCUPA 11()1 ACCESS®' ST11UCTIJIS: SI(!), AND 0Tl£R ~y STRUC11.RES AS OCFM:D IN DTIL£ 16 CJ 000000 WWAL cal. ETC. -3 AU.O'l:D, MAXIIIIJII 150!f EAQt, NO STRIJClUR[ IS TO ll LOCAfED NO QOSER lliAN J' f1!0I SIOC al REAR PR(f[RlY OC C. IHJSTEO USE: PROCIDJl£S FIR Al'PfiOVAL (J USES NOT US1£D IN TltE ABOVE PERIITTEO USES SliAU. BE Wl{RNEO BY TIT\£ 16 PROl1SIOO FIR UNJSTED USES. 0. ll\tl.r.fllHT STNllAROS TI( OEl£L(J'l(HT Ill BE lll'WOTED AS A Ill TI UNIT RESIOEIITIAl N'ARllOT !WK S[RWjC AC£ AND lmf: OOAITTD TINANTs. 1. MAIIIIJlj lllJK HOOH MAIN BUWNC HEIGi! -A WAX (J 60'-o', llST [l[VATI()I ACO:NT WAU. -UP TO 62'-o'. STAI! TOIER FIR ROOF ACO:SS - 64'-o'. (SEE P\J0 -3 Fal IWll!lG HOQH SLUIIARY.) 2 EAST PARCEL SETBMl<S -SOUTH -10·-o·. llST -10·-o·. N<JlTH -5'-6', EAST -J'-0'. S!I PU0 -3 f(JI GRAPHIC 3. IEST PARCll. SElBACl(S -SOUTH -10·-o·. IEST -5'4 , N<Jllli -10·-o·. EAST -10·-o·. PARQIC MAY NTRUO£ INTO THE SE TBACK. SEE P\J0 -3 FIR Q!APHIC [. ll(DJCATl()IS: THE FOJ.oa«: ll(DICA 11()1 PROCUlURES AR£ C()ISIST[N T 1TH POO WOOflCA Tl()I PROCEOOR£S (J TI TlE 16 Z(NNG REQJLA TIOiS (AS ll<DlD Ill.OIi). IJ«R lHQt Tl£ PUD APPIJCATI()j WAS Sl811TTEO. 1. DISTRICT Pl.AN-THE rnv.;, COOTIOO, TH[ AOCfTED PW DISTRICT Pl.AN AND DCruOTS MAY BE Qt.lNOO) AND /(JI AMOOED IN m£ IR IN PART AS FOJ.OIS: a. IIQl ll(DJCATl()IS TO Tl£ PW DISIT!ICT Pl.AN: THE OTY MANALIR (JI HIS flSl(J(E MAY APPl!OI{ Ml«II IIOOflCATl()IS IN THE LOCA11()1, SIZING. Ntl HEIGi! (J STRIJCTU(S IR fACl.lTB f REWR£0 BY ENQl(£RINC al OTI£R CllQIISTANCES NOi F(R[S[[H AT TI£ Ill TI( PlNIEl lNT OEl£LWNT DSTRICT Pl.AN WAS APPR()I{!) SO LCIIC AS NO IIOOf&I IQ l1<LI 1£S ANY STANDliRD al R£1UATl()I SET FIRTH IN SECTI()l 16-14-15-ZOilNG R[QUTl()IS b. IIA.Q ll(DJCATl()IS TO THE POO DISTRICT Pl.AN: MA.Ql IMUICAll()jS MAY BE MNJE TO Tl( APPR()I{!) PLAIKD lNl !ll£L(J'l(HT DSTRICT PLAN PU!SUANl TO TI£ SMIE LMTAll()jS Nil R(QIJROlHTS BY IHCH SUCH PLAHS ~ DOCLIIJITS IERE IBlN!ll. y APPR()I{!). 2. SITE Pl.AN: a. IIH(R ll(DJCAfl(»IS TO PIJO SITE PLAN: THE QlY, 1lf!OOQl THE O[l{L(fl(Nl nw T[MI, MAY AUTHO!IZE MIO! OEIIATI()IS f1!0I Tl( POO SITE PLAN HN SUCH ll\lA m APPEAR NECESSARY IN UQiT (J TEONCAL IR OONITR1NC IXJISIOO!A m. 111(1! (l\lATl()IS Sli!ll. NOT BE PERllmD f ANY (J Tl( FOJ.()lfi; OOIISTANIIS RESII.T: 1) A oo,a IN TI£ QtAIIAC TER (J TI( OCl{L(J'l(Nl; IR 2) A Ot*l IN Tl£ PERIITTED lNfJ USES; IR 3) A Qt*l IN TI( CO(RAl LOCA 11()1 CJ lNfJ USES; IR 4) AN INCll£A5[ IN Tl£ WIii.ii HEIGi! IJ ANY IWIIC CJ: IOIE lliAN FM PERCENT (SX). SUQt INC1lASE ~AU. NOT [XC([[) llC PERCENT (2%); O! 5) AN INCll£A5[ IN TI( UBER CJ lllEl.LM: !Mils, IR IN TI( RA no CJ lH[ Q!OSS flOO! AREA CJ smocw TO TI( lNtl AREA, <II IIO£ASES IN THE Pl!(f()S[J) Q!OSS flOOR Nl.A lntN ANY PART!ClUR lNtl USE (J IQ!: TIWI 00 PERCOIT (2X); IR 6) A flOOCTl()I IN TI( SETBACKS f'ROI PR(f[RJY lJlS; <I! 7) /ij Nl(AS[ (J D TltAN llC PERCOCT (21) IN ~ CO'lRMI BY STIIOCTll(S IR SIJJACE PAl!kN:; IR 8) A flOOCTI()I BY ffl TltAN llC PERtOO (21) IN Tl£ LNI> Nl.A OCSOIATED FOi LNIWl'INC; O! 9) A R£00Cll()I IN TI£ RATIO (J (JT-STR([T PARKING Ntl L<WK !PACE TO QIOSS flOO! AREA IR IUIER (J lllll1MC lNTS IN STRUCMl[S; al 10) A Ot*l AITTCTN; Tl£ ACCESS f'Ral Ntl 1lflOOQi Pl8JC RIQHS (J WAY; PRO'tWl, HOllfl{R. lliAT Wffl OJI LOCATIOiS MAY SWT lM£SS g,(CflC.lilY [S!MlJSl(l) BY TI( !>STRICT PLAN. b. SITE PlAN AIIJOlHTS: AU. POO SITE PLAHS APPR()I{!) !Ill R(C(JIOO) MAY OI.Y BE ll(IIE) ~Njl TO THE SAil PROCEWIE Ntl Sl8.ECT TO lH[ SAil LIITAJQIS Alt) REUOlNTS BY Hit SUQt PlAHS Ill( APl'ROOl. GENER.AL NOTES 1. TH[ PRa>ERTY IS OIINED BY ENQ.Iml HOOSING AUTH(RIIY, A N()H'ROOl (RGANIZA TIOi . 2. AN Al.TA LAND TITlE SURl{Y WAS PREP AR!.D BY FALCOi SlJRl{~NC. INC. AND IS PART Of THIS SUIIITTAL. l A PRElilNARY DRAINAGI: REPG!T WAS PREPARED BY JOONST~ ENGINEERING, INC. 1/(J IS PART (J THIS 9.JIIIITTAL 4. THIS PR(P[RIY OOCS NOT LE lntN A 101HUR f\000 PLIIN. 5. NEW UTIUTIES SliAU. ll lMOCRGROOI«). 6. AU COOETE m [)()( IN lliE PW.JC RIQH (J WAY SHAU. BE IN Cllf(RMANC( 1TH CQjSIRIJCTl()I STOOARDS AND COOETE g,(ClflCATIOOS FIR THE OTY (J ENQ.EmJ, CQ.(Jl!ll(), 7. ANY NEW FR: HYDRANTS SliALL BE TO OTY (J ENCl£mJ SPEC!flCATJOj 1lftAll SIZE . 8. SU8Dl',1S!Oi CJ Tl( Sil£ SliAU. BE CMITED Ul()[R SEPARATE ooawn. 9. All STRUCTUR£S 00 PRO.[CTIOIS SHAU. BE camRUCllD 11\IN llJIUJINC [N\U(P[S 00 BUil.DiNG HElQiT UIITS 10. '!ME O[l{L(P[R SliAU COO.Y illTH AU. APPUCABlE OTY CODES. REWLATI(ljS, AND SIOOAROS. 11 . IN lHE EIUH (J A CWUCT BET1£EN THE SPEOAC PR0',1SIM (J THIS PUO AND TI TlE 16, lliE SPECflC PROIISIOIS (J lltS PUO SHAU. COiTRll. .__ ___ c_o_N_T_A_c_T_s ___ ~I I~ MB En;.,,aad HaUling Alltharity .l460 S. Sh<rman SI., S..it, 101 ["9'W')Od, CO 80113 Phone: JOJ-761-6200 Fax: JOJ-781-5503 mm TIie ib9'l" Ca. llC 1732 Wazee SL, s.ite 205 °"""'· co !)202 Phone: JOJ -534 -5 7 40 Fa,: 720-904-8823 H<n<y Burgw)II henr~.com SITE TOTAL SITE SOOARE FOOTMI (00TH PARCELS) RESIDTIAlUSES cnllROAL USES G.IRMI PAIDC LOT IJlllSCAP[ / (PEN 9' AC[ IU.DNCtmi T Odell Architects. P.C. 32065 Cost~ Cwrt, St,. 150 ["'~""· co M4J9 Phone: JOJ -670-591,l For. JOJ-670 -7162 Ot~ Odell Emal: oodeHl,dellard,ted ,com L .. lloson [mat l~cllitect,can Soon O'Hara £mai: sd!aralod,lo11Mect,com Jahnstan Engine,mg ~es 7550 W..t Ide A- S..it, 8-200 °"'"'· Colarado, 8022 7 Ph: JOJ-969 -<ro Fa, lOJ-969-9016 Griff .knlstan DATA .15,077 SJ. 57 ,228 S.F 0 17,900 S.F 10,125 S.F. 13,6J9' S.F. 60' MAX • INQlllS I.ANlSCN'1NC IN Tl( RIQH -(J-WAY OO!Sll (J TI( PR(f[R TY Lil EX HIBIT A ···-,. SURVEYED LEGAL DESCRIPTION [J]J] LOTS 18 TO 25, INQUSI\{, BLOCK J ANO LOTS 26 TO 28, INQUSllt BLOCK 4, ltOONS will] EN<llffll GARDENS. COOMTY (J ARAPAHOC. STATE (J C(llRAOO. I SHEET INDEX \ , j<Jj<l§@n •I PUD -1 !)STRICT Pl.AN [J]J] PIJ0-2 £YJSIING SITE PLAN P\Jll-l PRa'OSED SITT: PLAN PU0 -4 PROPOSED P.\OOjG PLAN P\J0-5 PROPOSED UTIUTY PLAN PU0-6 PR!POSED CR~G PLAN will] PIJD-7 l.ANDSCAP£ PLAN PU0-8 COiCEPTUAl RENDERING I Of 1 ALTA LANO TITlE SUIMY I , l<1@l<l@@I SIGNATURES I 9GNATURE TIil[ DAI£ ST A TE (J C(llRAllO C<XMTY c,: lHE FOR£GaNG INSIR\JIOl WAS ACl<NO'IIIOGEO llf(R( I( THIS __ DAY c,: A.O .. 2(1 _8Y ) •< '(J MY CQMSSKIN EXPIRES: NOIARY PUIJ.JC I!, I II l!I AOORESS ~ J!I N 1 ·1 .I · APPl!Ol{J) FIR TI£ OTY CJ OOfMlOO . -,· 11 !i! IV,NNNC 00 Z()K COMSSl()i OlAIRl'ERS()I DAI£ ,,: ----- P\NNNC II() ZaK COIISSIOi REC<l!DIHC SECREI AIIY DATE YA'l'(R OF OOflOOO DATE 0 E--< AffiSTED zZ THE FOR£CONG Al'PfiO'/Al WAS 1.CKNOWJDCED IUOR[ ll lllS __ DAY -~ (J A.D, 20_8Y u,2 :::, A,, ANO 00° = ...J Q OTY OJ.RI( ~< CllJlk All) ll<XIUJfS tmI 1¥ > 1¥ o~o lltS PLANNED !Mil !l\U.CflOl IS ACCEPTED FIR fU«: IN TI( CIT1CE (J -Q ...J THE QI AND Rtca«R (J Al!APlli(l Z O CXl.lN TY, C(l.tllAOO, Al __ O' QOCK , II., lllS --~ E--< u DAY (J 20 _. u,-1. Rt:CEPTIOi NUIIBEJ! __ , m NUIIBEJ! __ , P/11. NIAIB£R __ . z ~ ~ :::, Q OlRk AND R(C(JIOCR BY' OCPUIY u, 0 QO z~~ -- DIST il ICT PLAN zz ~ ~ z ...J ~ I _, ~PuJ>T j A,,< 0 -.. >-• ...J z Ill' u, A,, ~ - IMLMo-41 ----- IUTIIIAl ... , ... M•«>O rw. 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PUJ>.3 I!, I 11 l!I ~ 1 !1 Pi I :I :I i 11 I!! I ••, 1!· 0 E--< zZ -"'1 en ::E :::> ~ ooo =,-.;j 0 "'1 < °' > °' 0 "'1 0 -o ,-.;j Z O "'1 E--< u en -z ~ ~ :::> 0 en 0 oO Zl:l.l ~ zz 1:1,l ~z~ ,:i.,< 0 .~ z en ,:i., i;i.;a -- 2 J C ~ ------------============================:::::::::::====::::~::=::===========----· .... -. T ------·- --- ... " -I,- ..,. f-r ·~ " ...... ~ ..,. " MID • l'!ll5111#1Plft1~i I j Ii l ' ~ ,...,, ... ,~, ( \ ~ ..,. " I 9 I ~flll\1(51'!111lla!llil)~ ·1"-1 ST-/ l Qlll&,_.liNB 1 -~ ·~ 71-t ...,., l _] l .. ! I --! ' i _j i .... ----· -" .. '.J - _L_-_ -.• -. -•. -•. -.--·-.--.--.-.• -.-_.-. ----. _-,.---.-._-_-,~ -· ... _\ U.S . HIQlWAY 285 @~~~G PLAN Cl) PAR.KING LEGEND GARAG: PARKING QIT. 1'11'( II01: ! Ht t.Jf ,1t' 11HS.Jf 119.£ ' --Ht r-rr , 1t' 1111 r-ir 119.£ ll ST-t,1t' SURfACE PARKING OIY. 1'I!( 1111: !II ST-', 1t' ll -- IIJIS : 1.ST_IWIIICll!!J)_ll'Mn(•t.Jf,1t'.Jf1S.Jfll9.£)111MJ.ll-»F11tlllillllkllllJIQNP- l,lbl/[ IIJI -1111-ICT msiaJ1Y QlllJ(S (lit. Ut !OD!) Al 10 Pllml <r 10111. lllQIII) SPM1S. P-t:AtM:6 HAI( 111.\UIIIS 10 ElllllW. ll\llS. 1-SlWII-..SIA'.-11. a.ANll<r--MPIQltl9tAll.llllll11£IU'OIIBJIY<rM01Y. Ill P1.U:11D11S<r•T111MJ.llUllJJF11l_S __ llC1Q.IP-IIIMJ.ll-»llll--<XII.HIIIIU51llll!llilll'i!rlllllll~lltJSl'AaS. lllS Pmltl Ill._ A_ <r SIC1Q.I SPAIIS. FIUl. int.11111 HU.llllDIID111-llllll PUii. t P--l'illJl lllll1IJlll ll)C • .1SSl'AllSIIJI 1111l#J1QISlSPK1111100< S 1111'1 • !USl'AllS -IDOi P-• 47 lPMn QISl P-• 1! SPMIS 10!11.P-SPMIS •ll SURFACE PARKING PLAN tF.~_·111._so _-l == PUJ>.t I 0 E-< zZ -j;i;I l:ll::S :::> A.. 00° =~Q j;i;I ~ ,::ir::> ,::ir:: 0j;i;I 0 -c~ Z O j;i;I E-< u u,- z ~::, Q {ll 0 QO zj;i;I ~ zz~ ~z~ A..~ 0 -~ z {ll A.. ~ .,,, ) J CALL UTILITY NOTIFICATION CENTER OF COLORADO 1·800•922•1987 C6l,L 2 BUSINESS DAYS IN ADVANCE BEFORE YOU DIC, CRACE. OR EXCAVATE FOR THE MARKING Of UNDERGROUND MEMBER Ul1L1l1ES . U.S. HIGHWAY 286 , ! I I > ' I I' PR OS 12 ROOF DRAINAGE SYSTEM ¢= PROPOSED 2' ... DE SIDEWALK CHASE ON PROPOSED DOMESTI C SER"1CE LINE PROPOSED DETENTION POND W/ TYPE C OUTLET STRUCTURE PROPOSED nRE SER"1CE LI NE PROPOSED nRE HYDRANT 11--·~-~~-',/WATER ~AIN v ------··•\, EX. )'O.'™ INl.t'"" ·-q_(IY.\JH!.•9\1 .71 !WV(W}-1 7.:?l PROPOSED 6" GATE VALVES ON EACH SIDE Of FIRE CONNECTION L __ _ .IUIIII ----R.O.W. LINE t. o· PYG PROPOSED WATER MAIN W/FIRE HYDRANT ANO VAL VE a· PVC 19• RCP PROPOSED SANITARY SEWER LINE PROPOSED STORM SEWER LINE t><l EXISTING WATER VALVE lit EXISTI NG flRE HYDRANT ··------EXISTING SANITARY SEWER -· Ex ._ 1r _w -· EX ISTING WATER LINE ----@-·--EXISTING STORM SE 'IOt:R CURB at GUTTER N 20 15 10 5 0 20 40 SCALE : 1 inch • 20 ft PIOPOSBD UTILITY PLAN -"'" 111£1a: .,. -"'· _.., PUD·S u .... ~ ~'"' ii Ol11 '• !,;;.ii.: :e ., IIIC~ r~ h ~lg tl .. ~...,= s' ;I ()~, ,l ) w t I!, = I '1 !11 -I t'• ~ : p, ;, • ··t :1:1!1 , ~ I 'I' : 111,1 I ,.• ,i: ... :E ~ :II .C ... 0 0 ~Q -:E ~< ~ >• Ca,) ~o ... Qi-I ~ 0 ) ~ ... {.) -.C :E .. ... ::, Q Ca,) 0 . oQ o :E:E~- :E-:E~ sa:a -:E ..I ... ::><0 .Oi-1:E wil:a•~ CALL UTILITY NOTIFICATION CENTER OF COLORADO 1•800•922·1987 ~ 2 BUSINESS DAYS IN ADVANCE Btre)RE YOU DIG, GRADE, OIi EXCAVATE FOIi TliE M-ING Of UNDERGROUND MEMBER UTIUl1£S. EX. INLET GRATE RI M~97.69 I IN V«95.4:I: -"l f1JlL OF r,EBRI S r 1I 1 I l;j I Ii I I 11 I EX 12·· (?) I r~ ~ STORM LINE I I/' : 1~ J: J j .. RETAINING WALL: I .. --\ ssn4:35a1s. ! \ P£NHSYL VANIA ST. I \ i ,---··J _______ .I \ I ' I ' I : L------' -·---·- ~ --··---RETAINiNG WALL l'ROP05El2...ST0RM 1:flllE __ -· ·-_ .-_ -PR~~(~ANHOLE_ .. _. __ ~:: __ : =-==·-.- --- .. -~·- < ! I I l I l i s\~;--j, .' LINE l ul 1 I U.S. HIGHWAY 285 11 / I . L l I I I ~ 1 1 1 \ '-------·--·-·----·-.J ( i • 'l<J<.INUST O,,ATE \ ll RIM•N.IS I• ~ +: / : ~._"7,,"i,~.,. llll---++--'l 1 1sn..-----•----sn-, ---$"N-----""\-• I r ,·. '1 -·911.t--.. ·--S'I\I.----\ I PROPOSED 12" ROOF DRAINAGE ----SYSTEM ----1 PRO POSED STOR 1-...i.....--~'77';..+----oUIL DIN G---• i-7777"7"::l'!IIF .F.=100.00 / / I / i -/-,.;, /'----1 I l..,..-____ 1 I . I I : I , ·,: I I I ~, ; I LEGEND EXISTING CONTOUR (1 ') EXISTING CONTOUR (5') PROPOSED CONTOUR (1") PROP 1ND£X CONTOUR (5') -BOnOM Of WALL ii8::ff--RETAINING WALL SPOT SHO T -TOPOf WALL ---SPOT SHOT L.P. LO W POINT H.P. HIGH POlN T C.B. GR ADE BREAK M.E. MA TCH EXISTI NG BENQWRK 1 1 CHISELED CROSS FOUND ON NORTHEAST CORNER Of S PENNSYLVANIA "i STREET 6: U.S. HIGHWAY 285 IN Sl0£WAU< OfFSET •.7" WES T Of .............. llliiz:;; ________ ~ ~ L _ --_,,, .. ·--.. ,.,~ ~ ,0000 N 20 15 10 5 0 20 SC Al.E : 1 inch • 20 It PIOPOSBD GIADING PLAN _ ..... -"'· -II: PU D·6 Ill! -·- [JIIlJ JJ]lJ •I· I I I I I • 0 - ... ~ ~ :: II. = I '1 !11 -I t'• :: I IJ i, . ! ··1 ; I ;I !•, E IJ t!I I h• J!l ... z ~ :I ... 0 ~Q ~< >• ~o Q~ 0 ... {.) -• z .. ... :::::,0 fl) 0 . oQ o Zz~i* z-z~ ~fl)z~ a.:::::,<o o~z .cz:i ... ~ I -,JJI ) J j 1 + ~ < I l;; I t + vi i D I 135 .00' "c~=i r 3: r--; .. 20 SPACE SURFAC E "' PARKING LOT o · 0 Cl 10,125 SO. FT. 0 z I I U.S. HIQ!WA Y 285 ( , _J I I I I EXISTING SURFACE PARKING LOT I I c:~· J L I ~-j ---·;r -, -i--i-a -·, = =--_ / I -··-f..;~j -~~-0) --rr l /// D V/,~/77?.0. lE / /) /~LL/.<..J i]' ~ 'h , /77/7'.l tiO ~ "i'// ~ .!. / /. ~ :fi(?·L --I I .9 52 SQ FT I II --- II UNDERGROU ND ~ .PARKING LOT 'r- ·1 II I II I L_ C C 0 C 0 0 0 "' I I I 11 I ·U· C I C I ,- ~/~ ~~ ~ ".\ -- 1 PROPOSED LANDSCAPE PLAN LAHOICAPI: LEGEND SYMBOL!:."'.:.~ SYM BOL DESCftlPTION AREA 0 S'!REETSCAPE ~ -:-:-:-:-:-:1 ZONE MAY CONTAIN SOO ANO '!RE ES 0 916 S.F. ZONE 1/30' O.C., ANO STREET LIGHTS @EN'!RY ZONE ~ ZONE MA Y CONTAIN PA'JEIIENT, SOO , SHRUBS , 151 S.F. PERENNIALS , ANNUAI.S, GROUND COVERS, TREES, LIGHTING, ANO SITE FURNISHINGS @ BUFfER LAN DSCAPE ZONE MAY CONTAIN SOD, SHRUBS, GROUND 7,707 S.F. ZONE COVERS, AND TREES @INTERIOR ~ ZONE MAY CONTAIN PAVEMENT, LI GHTING, WATER 2,985 S.F . LAN DSCAPE ZONE FEATURES, SITE FU:INISHINGS. SQO, SHRUBS, PERENNI Al.5. ANNUALS, GROUND COVERS , AND TREES @PERIMETER 111111 I ZONE MA Y CON TAIN PA'JEIIENT, SOil , SHRUBS, 1,ll80 S.F. LANDSCAPE ZONE GROUND COVERS, ANO MULCH TOTAi. LANDSCAPE AREA 1J ,5J9 S.F. I.ANDSCAPC QUANTI TI[S I AREA REQU IRED PROVI DED I TREES I SHRU BS !TOTAi. S.F. S.F . INTERNAi. R.O. W. I REQU IRED PROVIDED I REQUIRE D PROVIDED TO TAI.S I J5.077 8,770 S,S 28 •• e 11 I 12 12 I STIIUT TIIU QUANTI TI[S LENGTH TREES Of REQUIRED O TREES "'""'TAC£ 1 /30 L F. PROI/IOED PENNS'r\.VAN I A 308 L.F . 11 g HIGHWA Y 285 280 L F. 10 10 REQU IRED LANDSCAPE AREA: (RLA) BASED UPON MUL TIF AMIL Y RESIDENTIAL RLA : J5,077 S.F. X .25 • 8,770 S.F. MAXIMUM NON -LIi/iNG LANDSCAPE AREA: 8,7 70 S.F. X .J5• J,070 S.F. NUMBER Of '!REES (RLA /750) • 8,770 S.F./750•12 TREES NUMBER Of SHRUBS (RLA /750) • 8,770 /750 S.F. X 5 • eo SHRUBS R.0 .W. LANOSCAPE ARE A• 4,811 S.F. 60 72 • EXACT LOCATION Of PARTICUlAR PLANTINGS WI LL BE DETERMINED AS THE ARCH ITECTU RE IS FI NAU Z£0 . OE'IELOPER SHAJLL C(Mjl T TO THE FOLLOWIN G PLAN TING QUAN TITI ES IN EACH CA TE GOR Y REQUIRED AS PEIi ENGl.EWOOO LANDSCAPE lll'OINANCE : 1) STREE T TREES IN RIGHT-Of-WAY: CI TY STANDARD REDUCED BY 251' -TH IS IS DUE TO THE NUMBER Of ORIVEWA'!S Al.ONG S. PENNS'r\.VAN IA; -QUAN TI TY Of SHRUB PLANTINGS WILL BE INCREASED 2) IN TERIOR TREES: WILL MEET CITY-REQUIRED STANDARD • 12 TOTAL J) IN TERIOR SHRUBS: WILL EXCEED CITY-REQUIRED AMOUNT BY 201I • 72 TOT AL LANDSCAPE PLANS SHOW PREUMINAR Y CONCEP T Of LANOSC APE ZON E T'IPES . PL AN TS MA Y BE PLACIEO AN Y PLACE WITHIN BOUNDAR Y Of PROPER TY. PROHI BITED TREES : BO X ELDER , CO TTONWOOO (FEMALE), SIBERIAN ELM . LANDSCAPE PLANTINGS ANO IRRIGATION PLANS TO BE SUBMITTED AS PART OF BU ILDING PERM IT APPUCA TION . ALL IRRIGATION TO BE AU TOMA TIC UNDERGROUND $'!STEMS (DRI P ANO SPRA V). NOTES LAND SCAPE PLAN --~ @· CONCEPlUAL SOUTHEAST PERSPECTIVE PU>-8 ( @ C~CEPTUAI. SOOTHl:ST PERSP£CTI'l llUI P£fflCM IIOCOIICS II( C(JQ}lllJAl Ill> II( lnLOOl TO IOCA 1t 11( CIIWl. lE'ttl. er IIA5S. Ill) WNJTY er fl6(S (11.Y, t ONCEPTUAL I ~ u T 0 .... zZ -J;I.) r.,) ~ ~ 0.. 00° ::z::~O J;;Ll < ,:iii:> ,:iii: Oi:r.:iO -o~ Z 0 J;I.) .... u r.,) -z . Q .... ~ 0 r.,) QO ZJ;;Ll~ ZZJ;;Ll J;;LlZ ~ A.< 0 .~ z u, A. ~ ) STORM MANHOLE AIM•t7.H INV•to.S1 INLET GRATE RIM•97.69 INV•95.4± FULL Of' DEBRIS SN<f!T~'t' MANHOLE ltlM•H.17 .. V(N)•l2 17 POfCJlt~ (nl"CM.) ALTA LAND TIT LE SURVEY LOTS 18 TO SITUATED 25, IN INCLUSIVE, BLOCK 3 AND LOTS 26 TO 28, INCLUSIVE, BLOCK 4, HIGGINS ENGLEWOOD GARDENS, THE NE\ SECTION 3, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. 4' CHAINUNK F"[NCE -Sftl-_..,,_ ® @ .,,, --CA• - M ¢ ~ .. C Cl • LOT 27 LOT 2f L.Efil.!iD WATU LINE (APPROXIMATE) STORM SE'111t.R LINE SANITARY SE~ LINE SANITARY SE'«R MANHOl.£ ST0Rlrol stM:R MANHOLE UTILITY POLE 0"'91HEAO UTILITIES WAT[R \IAL\,t: UGHT POI.£ F'IRE HYDRANT SlGN IN GRESS .. EGRESS /CU RS CUT GAS METER ELECTRIC MET£R SET PIN • CAP P.LS. J4183 UNLESS NOTED OTHER\1111SE STOftM MANHOLE Fl.O'M.JN£•t7.82 INV(E)•IS.&2 STORM MANHOLE RIM •91.S7 IN\1•96.27 STORM MANHOLE RIM •98.38 INV(E)•M .12 INV(S)•M.Ofl FOUND CHISElEO CROSS 4.00' OFTSCT F'OUNO CHISELED CROSS 4.00' OFTSET SPUT RAil. '"lOO FENCE 9 •2· 135.00' ~t-------->---S-8_9_"_3_67", 3-8-:";-W~---------.... + (),.I •• ---· -OIJ --- CONC W°'U( --°"" -----OiJ- f"OUNO CHIICL[O °'oss 4.00' orrscr ) 0 ·-·---r--...... - 1 ~ -+-~ 11 ------U.S . HIGHWAY 285 i I S.<HIT .. Y MANHOLE ~t® .,_.i\NHOLE "80' NORTH OF MAH"OI.E TO THE SOUTH p Rll.l•H.111 INV(S)•OO ,M 1- STOIIIM MAHHOl,..C IIIM•H.U i LOT 18 ASPHALT PARKING LOT LOT 17 4.7 ' 9"" LOT 18 124.76 ' 24,952 SQ . FT . LOT 22 f;.f· ~ •9 ~"o 9 JI" "*5· PENNSV\..1/ANIA ST. LOT 23 LOT 24 9s· BRUSH LINE (TVPICAL) --.#- 124 .76' S89"36'38"W "' 'OUN!> CH<SCU:D C110S$ 4. T CF>'SCT =&'i,~~f ,,L o,~N) 2•12" ,iP£S•f4 OJ "' [)•f4 2l IN S)•tl,ll SAN!TMtY MANHCl.£ 'litil•1021 1 V•t2 I I j }NL[T GR°'TE RIM•98.19 SUMP•te.4:i: FUU or DEBRIS LEGAL DESCR IPTION LOTS 18 TO 25, INCLUSIVE. BLOCK 3 AND LOTS 26 TO 28, INCLUSIVE, BLOCK 4 , HIGGINS ENGLEWOOD GARDENS. COUNT'/ OF ARAPAHOE. STATE OF COLORADO. rOUNO NO 4 R£8Alt NOAn-f O 4,,)', '«.ST O.ot' tiO.!£S 1) TITLE COMMITMENT ND . ABC701 303541 EFFEC TIVE DATE DECEMBER 15. 2005 AT 5 :00 P.M. FROM LAND TITLE GUARANTEE COMPANY, WAS RELIED UPON FOR AN Y RE CORDED EASEMENTS OR RIGHTS Of' WA Y WH ICH MAY AFFECT THE SUBJECT PROPER TY. 2) THE FDLLDl~NG ITEMS FROM SCHED ULE B -SEC TION 2 OF TH E ABOVE REFER ENCED TITLE COMMITMENT POLICY ARE ADDRESSED AS FOL LOWS : 1 THROUGH 11 -AFFECTS SUBJEC PROPER TY, NOT PLO TI AB LE J) NOTICE: ACCORD ING TO COLORADO LAW YOU tAUST COMME NCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVE Y W1TH IN THREE YE ARS ,t,FTER YOU FIR ST DISCOVER SUCH DEFEC T. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN TH IS SU RVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE Of' CER TIFIC ATION SHOWN HEREON. 4) FALCON SURVEY1NG, INC . RECOMME NDS ALL INTERESTED PARTIES REIAi TH E SER VICES OF A COMPETENT INDIVIDUAL TD CONSUL T PER TIN EN T DOCUMENTS FOR SPEC IFIC DEVELOPMENT RESTR ICTIONS AND CRI TER IA WHICH MIGHT APPL Y TD SUB..CCT PARCEL FALCON SURVEY1NG. INC . AND THE SURVEYOR Of' RECORD ASSUME NO RESPDNSIB ILIT'I FDR THE ZONING RESTR ICTIONS UPON THE SUBJECT PROPERT Y. 5 ) B URIED UTILI TIES AND /OR P IPE LINES ARE SHOWN PER VI SIBLE SURFACE EVID EN CE AND UTILITY PLANS. ADDITION,t,L UTILITIES , IN USE OR ABANDONED , MIGHT EXIST ON, NEAR OR CROSSING THE SUBJEC T PROPERT Y FALCON SURVEY1NG , INC . AND THE SURVEYOR or RE CORD SHALL NOT BE LIABLE FOR THE LOCATION OF OR THE FAILU RE TD NOTE THE LOCATI ON OF NON-VI SIBLE UTILITI ES. 6) FALCON SURVE Y1NG. INC . DOES NOT H,t,VE THE EXPERTI SE TO ADDRESS J}jE MINERAL RIGHTS . FALCON SURVEY1NG, INC. RECOMMENDS ALL INTERESTED PARTIES RETAIN A MINERAL RIGHTS E XPER T TO ADDRESS THESE MATTE RS . FALCON SURVEY1NG, INC. AND THE SU R VEYOR OF RECORD ASSUME ND RESPONSIBILITY FDR TH E MINERAL RIGHTS UPON THIS TRAC T OF L AND . 7) FALCON SURVEY1NG , INC . DOES NO HAVE THE EXPERTISE TO ADDRESS TH E ACCESS RIGHTS TO AND FROM PUB LI C RIGHTS or WAY. F ALCON SURVEY1N G. INC. RECOMMENDS ALL INTERESTED PAR TI ES CONSULT W1TH THE LOC AL GOVERNMENT ON TH ESE MA TIERS. FALC ON SUR VEY1NG, INC . AND THE SURVEYOR OF RECORD ASS UME ND RESPONSIB IU FOR THE ACCESS RIGH TS UPON THI S TRAC T or LAND. 8 ) SUBJECT PROPER TY LI ES IN "ZONE X", (•RE AS DETERM INED O BE OUTSIDE TH E 0 .2~ ANNU,t,L CHANCE FLOODP L AIN) AS DESIGNATED BY THE FEDERAL EMERC!:NC Y MANAGE t.<ENT AGEN CY AS PER FLOOD INSU RAN CE R A TE MAP PANEL NO . 0 8 005C0165 C. DA TED AUGUST 16, 199 5. 9) ITEMS 16, 17 AND 18 Of' •BLE A FROM THE ,.INIMUM STANDARD REQU IREMENTS FDR At.TA /,t,CSM L A D TITLE SU RVEYS: 16 -NO OBSERVABLE EVI DENCE OF EARTH "D VI NG WOPK . B UILD ING CON STRUC TI ON OR BUILDING ADDI ONS WITH IN RECEN T "ONTHS Of' TIME OF SURVE Y. 17 -NO OBSERVABLE EVIDENCE OF CH ANG ES IN RIGHT OF WA Y LIN ES. ETC . 18 -ND OBSERVABLE E DENCE Of' SITE USE AS A SOL ID WASTE DUMP , SUMP OR SANITAR Y L '-N DFILL . 10) TOTAL AREA OF THE SUBJECT PARCELS IS 0 .80 ACRES DR 35.077 SQU ARE FEE MORE OR ESS 11) PROPER TY ADD RESS FOR SUBJECT PARCELS: 3597, 3587, 358 0 , 3578 AND 3566 SOUTH PENNSYLVANIA STREET. AS SHOWN HEREON. 12) ND WA TE R METERS FOUND FDR J580, 3578 OR J566 S. PENNSYL VANi. ST . ALTA CERTIF ICATION TO hOUSING " THORITY or ll<E CI TY Of' ENGLEWOOD. COLON I A BANKS or CD\.ORADO. BURGWYN COMPANY, AND L AND TL£ GUARANTEE COMPAN Y· THI S IS TD CERTIFY TH,t,T THIS M,t,P DR PLA AND ™E SURVEY ON WH ICH IT IS B,t,SED v.t:RE MADE IN ACCORDA~CE 'MTH ll<E "Ml IMUM STMDARD DET,t,IL REQU IREMEN TS FDR ALTA /ACSM L AND TLE SURVEYS." JOIN Y ESTABLISHED AND ADOPTED B Y ALTA AND NSPS IN 2005, A D INCLUDES ITEMS 1,2,J,4.5 ,7o,8 ,9 ,10,11 o ,1 6 ,1 7 .ANO 18 OF ABLE A THEREor PURSUANT TD THE ACCURACY STANDARDS AS ADOPTED BY AL TA '-N D NSPS AND IN EFFECT ON THE 0,t, TE Of' TH IS CER FICA ON, UNDERSI isE~ F R THER CER FIES THAT IN MY PRDFESSION,t,L OP INION , ,t,S A LAND SU R VEYOR REGIST£RE D IN THE STA T£ or COLORADO. THE RE " VE POSITIONAL ,t,CCURA CY or TH IS SURVEY DOES NOT EXCEED THAT WHICH IS SPECIFI ED THEREIN GRAPHIC SCALE .. . ( 111 PUT ) l ... h•IOti. C0,,,..11 IJITUVAL • 1 l'I. FFREYJ MACKENN -P L s . J4 183 DA TE / /200 99J7 v.t:S T 25TH AVEN UE L,t,KEWOOO . CO ll0215 JD ·202 -15 D lft'1Wr ,..'OlrrfSIJtt\(.""1GCOM ... COUNCIL COMMUNICATION Date: Agenda Item: Subject: June 5, 2006 11 a i Intergovernmental Agreement with COOT for Broadway, Tufts to Belleview Initiated By: Staff Source: Department of Public Works Rick Kahm, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • Council approved Resolution No. 78, Series 1999, authorizing the City to apply for Federal funds under the lntermodal Surface Transportation Efficiency Act (!STEA). • Council approved Resolution No. 43, Series 2002, authorizing the City to apply for Federal funds under the lntermodal Surface Transportation Efficiency Act (!STEA). • Council approved Resolution No. 79, Series 2003, authorizing the City to apply for Federal funds under the lntermodal Surface Transportation Efficiency Act (!STEA). • Council approved Resolution No. 77, Series 2005, authorizing the City to apply for Federal funds under the "Safe Accountable Flexible Efficient Transportation Equity Act-Legacy for Users ". RECOMMENDED ACTION Staff recommends Council approval of a Bill for an Ordinance to enter into an agreement with the Colorado Department of Transportation. The agreement cove rs financial commitments related to the design and construction of "South Broad way Streetscape -Tufts to Bellev iew". BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Den ver Regional Council of Gove rnments (DRCOG) accepts applications from local governments, typically on a two yea r cycle, for projects to be considered for federal funding. DRCOG, in coopera tion wi th the Colorado Department of Transportation (COOT), is charged with the preparation of the Transportation Improvement Program (T IP ). The TIP prioritizes regional projects for Federal Transportation Funds available through the "Safe Accountable Flexible Efficient Transportation Equity Act-Legacy for Users " (SAFTEA-LU). Congress adopted this program in August, 2005 to replace the former Transportation Efficiency Act of the 2 1" Century (TEA-21 ). In 19 99, Englewood applied for a project titled South Broadwa y Streetscape Project -Tufts A enue to Bell eview. The project application requ es ted funding for the design and construction of raised , lands ca ped medians, similar to the project comp leted in 1000 (Broadwa y between Yale and Hampden). With Council's co ncu rren ce, staff con tinu ed to reapply for the project each time DRC G solicited applications. In 2002, DRCOG accepted the project and assured us that the proj c t would be funded under the "Enhancement" ca t egory. Federal funding became available April, ~006. Enhancemen t projec ts applied for under th e old TEA -~ 1 program are limited to $600,0 0 . Design is anticipated to begin this year with construction following in 2007 . Per COOT requirements, consultants will be retained for design services and to assist with construction administration duties. FINANCIAL IMPACT The total estimated cost for the project is $869,000. Federal participation is $600,000 with Englewood 's local match at $269,000. Matching funds, in the amount of $269,000, are budgeted and available in the Public Improvement Fund . LIST OF ATIACHMENTS Bill for an Ordinance -----... , ( ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 23 INTRODUCED BY COUNCIL MEMBER ------- A BILL FOR AN ORDINANCE AUTHORJZING AN INTERGOVERNMENTAL CONTRACT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND THE CITY OF ENGLEWOOD, COLORADO THAT PERTAINS TO FINANCIAL COMMITMENTS RELATED TO THE DESIGN AND CONSTRUCTION OF "SOUTH BROADWAY STREETSCAPE-TUFTS TO BELLEVIEW" PROJECT STE M395-0I I, IN THE CITY OF ENGLEWOOD. WHEREAS, the City Council of the City of Englewood passed Resolution No. 78 , Series of 1999, which authorized the City to apply for Federal funds under the lnterrnodal Surface Transportation Efficiency Act ()STEA); and WHEREAS, the Englewood City Council approved Resolution No. 43, Series of 2002, authorizing the City to apply for Federal funds under the lntermodal Surface Transportation Efficiency Act (ISTEA); and WHEREAS, the Englewood City Council approved Resolution No. 79, Series of 2003, authorizing the City to apply for Federal funds under the lntermodal Surface Transportation Efficiency Act ()STEA); and WHEREAS, The Englewood City Council approved Resolution No. 77 , Series of 2005, authorizing the City to apply for Federal funds under the "Safe Accountable Flexible Efficient Transportation Equity Act-Legacy for Users"; and WHEREAS, Denver Regional Council of Governments (DRCOG) accepts applications from Local governments, typically on a two ye ar c yc le , for projects to be considered for federal funding ; and WHEREAS, DR COG, in cooperation wi th the Colorado Department of Transportation (COOT), is c harged with the preparation of the Transportation Improveme nt Pro gram (Tl P); and WHEREAS, the TIP prioritizes regional projects for Federal Transportation Funds available through the "Safe Accountable Flexible Efficient Transportation Equity Act-Legacy for Users" (SAFTEA-LU); and WHEREAS, the Congress adopted this program in August , 2005 to replace the former Transportation Efficiency Act of the 21 st Century (TEA-21 ); and WH REAS, in 1999, Englewood applied for a project titled South Broadway Streetscape Project-Tufts Avenue to Belleview; and WHEREAS, the project application requested funding for the design and construction of rai sed , landscaped medians, similar to the project completed in 2000 (Broadway between Yale and Hampden); and WHEREAS, the City continued to reapply for the project each time DRCOG solicited applications and in 2002 DRCOG accepted the project and assured the City that the project would be funded under the "Enhancement" category and the Federal funding became available April , 2006; and WHEREAS, the design is anticipated to begin this year with construction following in 2007; and WHEREAS, the passage of this proposed Ordinance would authorize an Intergovernmental Agreement entitled "Transportation Enhancement Contract", which covers financial commitments related to the design and construction of "South Broadway Streetscape-Tufts to Belleview" Project STE M395-011 ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The City Council of the City of Englewood, Colorado hereby authorizes the City to enter into an intergovernmental contract with COOT entitled "Transportation Enhancement Contract" covering the financial commitments related to the design and construction of "South Broadway Streetscape-Tufts to Belleview" PROJECT STE M395- 011, a copy is attached hereto as "Attachment A". Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest said intergovernmental Contract on behalf of the City of Englewood . Introduced , read in full, and passed on first reading on the 5th day of June, 2006. Published as a Bill for an Ordinance on the 9th day of June, 2006. Olga Wolosyn , Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A . E llis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced , read in full , and passed o n fir t reading on the 5th day of June, 2 006. Loucrishia A . Ellis / (FMLAWRK) PROJECT STE M395-0l l , (14808) REGION 6 /(JH) TRANSPORTATION ENHANCEMENT CONTRACT Rev 10/03 06 HA6 00076 CMS ID 06-11 2 THIS CONTRACT made this_ day of _______ 20_, by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred to as the State and CITY OF ENGLEWOOD, 1000 Englewo od Parkway, Englewood, Colorado, 80110, FEIN: 846000583, hereinafter referred to as the "Contractor" or the "Local Agency." RECITALS 1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereofremains available for payment of project and Local Agency costs in Fund Number 400, Appropriation Code 010, Organization Number 9991 , Program 2000 , Functions 3020 and 3301, Object 2312 lP, Phases D and C , Reporting Category 6121 , Contract Encumbrance Number 14808 , (Contract Encumbrance Amount: Design-$95 ,000 .00 , Construction- $655 ,000.00, Total Encumbrance-$750 ,000 .00). 2 . Required appro val, clearance and coordination has been accomplished from and with appropriate agencies . 3 . Pursuant t 'Ti tle I, Subtitle A, Section 1108 of the "Transportation Equity Act for the 21 st Century" of 1998 (TEA-21) and/or the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" of2005 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 h ereinafter as the "Federal Provisions "), certain federal funds have been and will in the future be a llocated for transportation projects requested by Local Agencies and eligible under the Surface Transportation Improvement Program that has been proposed by the State and approved by the Federal H ighway Administration ("FHW A "), hereinafter referred to as the "Program ." 4 . Pursuant to§ 1007(a) ofTEA-21, at 23 U.S .C. § l 33(d)(2), certai n Surface Transportation project funds are made avai lab le onl y for e ligibl e "Transportation Enh ancement Activities", as defined in§ 23 U.S.C. § lOl(a), and th is co ntra ct pro vides fo rthe p er fo rm ance by th e Local Agency of a project for an e li g ibl e T ra n s portation E nh ance m ent Activ it y. 5. Pursuant to § 43-1-223, C.R.S. and to appli cabl e portions of th e Fe d eral Provisio ns, the State is responsib le fo r th e ge neral administra tio n and s up ervisi on of p erfo rmance of projects in th e Program, inc l ud ing th e adm inis tr ation of fe d era l fund s fo r a Pro gram project p erform ed by a Local Agency und er a contract wi th the State. 6. The Local Agency h as req uested that a certain local transportation project be funded as part of the Page 1 of 18 A Program, and by the date of execution of this contract, the Local Agency and/or the State has completed and submitted a preliminary version ofCDOT form #463 describing the general nature of the Work . The Local Agency understands that , before the Work begins, form #463 may be revised as a result of design changes made by COOT, in coordination with the Local Agency, in its internal review process. The Local Agency desires to perform the Work described in form #463, as it may be revised . 7. Federal-aid funds have been made available for project STE M395-011 (14808), which shall consist of the design and construction of raised, landscaped medians on South Broadway from Tufts A venue to Belleview Avenue referred to as the "Project" or the "Work." Such Work will be performed in Englewoood Colorado, specifically described in Exhibit A. 8. The matching ratio for this federal aid project is 80% federal-aid funds to 20% Local Agency funds, it being understood that such ratio applies only to such costs as are eligible for federal participation, it being further understood that all non-participating costs shall be borne by the Local Agency at 100%. 9. The Local Agency desires to comply with the Federal Provisions and other applicable requirements, including the State 's general administration and supervision of the Project through this contract, in order to obtain federal funds . 10 . The Local Agency has estimated the total cost of the Work and is prepared to provide its match share of the cost, as evidenced by an appropriate ordinance/resolution or other authority letter which expressly authorizes the Local Agency the authority to enter into this contract and to expend its match share of the Work. A copy of such ordinance/resolution or authority letter is attached hereto as Exhibit B. 11. This contract is executed under the authority of§§ 29-1 -203 , 43-1-11 O; 43 -1-116, 43-2-101 (4)(c) and 43-2-144, C.R.S. and Exhibit B. 12. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete some or all of the Work. 13 . The Local Agency can more advantageously p erform the Work. THE PARTIES NOW AGREE THAT : Section 1. Scop e of Work The Project or the Work under this contract shall consist of the design and construction of raised, landscaped medians on South B ro adway from Tufts Avenue to B ell eview Avenue, in Englewood, Colorado , as m ore s p ecifically d escri b ed in Exhi b it A. Section 2 . Order of Precedence In the event of conflicts or inconsistencies between this contract and its exhi bits, such conflicts or inconsistencies shall be reso lved by reference to the documents in the fol lowing order of priority: Page 2 of 18 I. Special Provisions contained in section 29 of this contract 2 . This contract 3. Exhibit A (Scope of Work) 4. Exhibit C (Funding Provisions) 5 . Exhibit D (Certification for Federal-Aid Contracts) 6. Exhibit E (DBE Requirements) 7. Exhibit F (Contract Modification Tools) 8. Other Exhibits in descending order of their attachment. Section 3. Term This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is later. The term of this contract shall continue through the completion and final acceptance of the Project by the State , FHWA and the Local Agency . Section 4. Project Funding Provisions The Local Agency has estimated the total cost of the Work and is prepared to provid ~ its match share of the cost, as evidenced by an appropriate ordinance/resolution or other authority Jetter which expressly authorizes the Local Agency the authority to enter into this contract and to expend its match share of the Work. A copy of such ordinance/resolution or authority letter is attached hereto as Exhibit B . The funding provisions for the Project are attached hereto as Exhibit C. The Local Agency shall pro v ide its share of the funds for the Project as outlined in Exhibit C . Section 5. Transportation Enhancement Advance Payment Provisions The advance payment pro v isions described herein shall apply only to a percentage of the construction w ork portion of an enhancement project, as described below . Payment for all other work portions of th e Proj ect, including for th e design work, shall be on a reimbursement basis, as described below . A . Pursuant to FHWA 's approv al under 2 3 U .S .C. § I33(e)(3)(B), the State will provide an ad vance paym ent up to a max imum percentage of th e total amount for th e construction portion of transportati on enhancemen t project act ivit ies, in acc ord with th e fo llo wing p rocedu res . l . the State will provide advance payment to the Local Agency of 70% of the federal funds budgeted and available for the construction of this transportation enhancement project, in accord with 23 U.S .C . § 133(e)(3)(B and as described herein. 2. th e Local Agency sha ll s ubm i t th e fo ll owi n g to the State rep resentati ve id ent ified i n section VII, after executi on o f th is Co ntract: a) a financial s tatem ent fo r th e const ru ctio n of the p roject; and b) an invoice for ad vance payment of 70% of the federa l funds b udge ted an d available for th e constru ction of the project. 3. Aft er receipt of such statement and invoice , the S tate will iss u e a warrant to the Local Age ncy in th e amount of the approved advance payment of construction p roject fun d s, subj ect howe v er to the prior performance of the following: A) the satisfactory Page 3 of 18 completion of the design of the project; B) the State approving the Local Agency's construction contract; and C) the State issuing to the Local Agency a Notice To Proceed with the construction of the project. 4. the advanced funds shall be used by the local agency only for the perfom1ance of the construction work of the project. Upon receipt of the notice to proceed from the State, the Local Agency shall proceed expeditiously to start the construction work and prosecute it diligently to completion. If for any reason the local agency does not start the construction work within 120 days of receipt of the notice to proceed, or if the Local Agency starts the construction work but discontinues or abandons performance before completion, the Local Agency shall remit to the State all federal funds reimbursed or advanced by the State for the project not later than 30 days after the 120th day, or after the date the Local Agency discontinues/abandons performance, as applicable. 5. When the Project construction work is completed, the Local Agency shall submit to the State all required paperwork for that construction work, together with a final statement of costs for that construction work and a billing for the remaining 30% of the federal funds budgeted and available for the Project construction work. The State shall not reimburse the Local Agency the remaining 30% of the construction work costs until the State has reviewed the billings and has inspected the completed project construction work, subject to the terms and conditions of this contract. B. Except as provided in A. above, the State will reimburse the Local Agency for the federal-aid share of the project design, and other work following the State's review and approval of such charges, subject to the terms and conditions of this contract. The Local Agency will prepare and submit to the State monthly charges for costs incurred relative to the design, and work portions of the project. Provided, however, that charges incurred by the Local Agency prior to the date of FHW A authorization for the project and prior to the date this contract is executed by the State Controller or his designee will not be charged by the Local Agency to the project, and will not be reimbursed by the State, absent specific FHW A and/or State Controller approval thereof. C. The State will reimburse the Local Agency's reasonable, allocable, allowable costs of performance of the Work, not exceeding the maximum total amount described in Exhibit C. The applicable principles described in Title 49, Code of Federal Regulations, Part 18 (the "Common Rule"), Subpart C ("Financial Administration"), including 49 C.F.R. 18.22, shall govern the allowability and allocability of costs under this contract. The Local Agency shall comply with all such principles . To be eligible for reimbursement, costs by the Local A gency shall be: 1 . in accordance with the provisions of Exhibit C and with the terms and conditions of the contract. 2 . necessary for accomplishment of the Work. 3 . reasonable in amount for the goods and services provided. 4 . actual net cost to the Local Agency (i .e., the price paid minus any refunds , rebates , or other items of value received by the Local Agency that have the effect ofreducing the cost actually incurred). 5 . inc urre d for Work performed subsequent to the e ffectiv e date of this contract. 6. satisfac torily documented . Page 4 of 18 D. The Local Agency shall establish and maintain a proper accounting system in accordance with generally accepted accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting scheme) to assure that project funds are expended and costs accounted for in a manner consistent with this contract and project objectives. 1. All allowable costs charged to the project, including any approved services contributed by the Local Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in detail the nature of the charges. 2. Any check or order drawn up by the Local Agency, including any item which is or will be chargeable against the project account shall be drawn up only in accordance with a properly signed voucher then on file in the office of the Local Agency, which will detail the purpose for which said check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents shall be clearly identified, readily accessible, and to the extent feasible, kept separate and apart from all other such documents. E. Upon execution of this contract the State is authorized, in its discretion, to perform any necessary administrative support services pursuant to this contract. These services may be performed prior to and in preparation for any conditions or requirements of this contract, including prior FHWA approval of project work. The Local Agency understands and agrees that the State may perform such services, and that payment for such services shall be at no cost to the State but shall be as provided in Exhibit C. At the request of the Local Agency, the State shall also provide other assistance pursuant to this contract as may be agreed in writing. In the event that federal-aid project funds rem.ain available for payment, the Local Agency understands and agrees the costs of any such services and assistance shall be paid to the State from project funds at the applicable rate. However, in the event that such funding is not made available or is withdrawn for this contract, or if the Local Agency terminates this contract prior to project approval or completion for any reason, then all actual incurred costs of such services and assistance provided by the State shall be the sole expense of the Local Agency. F. If the Local Agency is to be billed for CDOT incurred direct costs, the billing procedure shall be as follows: I . Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 45 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 45 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that at the request of the State, the State Treasurer may withhold an equal amount from future apportionments due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State . Interim funds, until the State is re imbursed , shall be payable from the State Highway Supplementary Fund ( 400). 2. If the Local Agency fails to make timely payment to the State as required by this section (within 45 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The interest shall accru e for the period from the required payment date to the date on which payment is made . G . Th e Lo ca l Age ncy w ill prepare and submit to the State monthly charges for costs incurred re la tive to th e project. Th e Local Agency 's invoices shall include a description of the amounts Page 5 o f 18 of services performed, the dates of performance and the amounts and description of reimbursable expenses . The invoices will be prepared in accordance with the State's standard policies , procedures , and standardized billing format to be supplied by the State. H. To be considered for payment, billings for payment pursuant to this contract must be received within 60 days after the period for which payment is being requested and final billings on the contract must be received by the State within 60 days after the end of the contract term . 1. Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds, encumbered for the purchase of the described services. The liability of the State, at any time, for such payments shall be limited to the amount remaining of such encumbered funds. 2. In the event this contract is terminated, final payment to the Local Agency may be withheld at the discretion of the State until completion of final audit. 3. Incorrect payments to the Local Agency due to omission, error, fraud , or defalcation shall be recovered from the Local Agency by deduction from subsequent payment under this contract or other contracts between the State and Local Agency, or by the State as a debt due to the State. 4. Any costs incurred by the Local Agency that are not allowable under the Common Rule shall be reimbursed by the Local Agency, or offset against current obligations due by the State to the Local Agency, at the State's election. Section 6. State and Local Agency Commitments The Local Agency Contract Administration Checklist in Exhibit G describes the Work to be performed and assigns responsibility of that Work to either the Local Agency or the State. The "Responsible Party" referred to in this contract means the Responsible Party as identified in the Local Agency Contract Administration Checklist in Exhibit G . A. Design [if applicable] 1. If the Work includes preliminary design or final design (the "Construction Plans"), or desi gn work sh eets, or speci a l pro visions and estimates (coll ective ly referred to as the "Plans"), the res po ns ibl e party shall comply with th e following requirements , as applicable : a. perform or provide the Plans, to the extent required by the nature of the Work. b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the Arnetican Association of State Highway Transportation Officials (AASHTO) manu al or other stand ard , s uch as th e Uniforn1 B uilding Code, as appro ve d by CDOT. c. prep are specia l p rov isio ns an d estimates in accord with th e State's Roadway an d Bridge Design Manuals and Standard Sp ecifications for R oad and Bridge Con struction or Local Agency specification s if a pproved by CDOT. d. include detai ls of any requi red detours in th e Pl ans, in order to prevent any interference of the construction work and to p rotect the traveling public. e . stamp the Plans produced by a Colorado Registered Professional Engineer. Page 6 of 18 f. provide final assembly of Plans and contract documents. g. be responsible for the Plans being accurate and complete. h. make no further changes in the Plans following the award of the construction contract except by agreement in writing between the parties. The Plans shall be considered final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein. 2 . If the Local Agency is the responsible party: a . b. C. The local agency shall comply with the requirements of the Americans With Disabilities Act (ADA), and applicable federal regulations and standards as contained in the document "ADA Accessibility Requirements in CDOT Transportation Projects". It shall afford the State ample opportunity to review the Plans and make any changes in the Plans that are directed by the State to comply with FHW A requirements. It may enter into a contract with a consultant to do all or any portion of the Plans and/or of construction administration. Provided, however, that if federal -aid funds are involved in the cost of such work to be done by a consultant, that consultant contract (and the performance/provision of the Plans under the contract) must comply with all applicable requirements of 23 CFR Part 172 and with any procedures implementing those requirements as prov ided by the State, including those in Exhibit H attached hereto . If the Local Agency does enter into a contract with a consultant for the Work: (I) it shall submit a certification that procurement of any design consultant contract complied with the requirements of23 CFR 172 .S(d) prior to entering into contract. The State shall either approve or deny such procurement. If denied, the Local Agency may not enter into the contract. (2) it shall ensure that all changes in the consultant contract have prior approval by the State and FHW A. Such changes in the contract shall be by written supplement agreement. As soon as the contract with the consultant has been awarded by the Local A genc y, one copy of th e ex ecuted contract shall be s ub mitted to the State . Any amendm ents to such contract shall also be submitted . (3) it shall require that all consultant billings under that contract shall comply with the State's standardized billing format. Exam ples of the b illing formats are availab le from the COOT Agreements Office. (4) it (o r its c on sult ant) shall use the CDOT procedu res descri bed in Ex h ibit H to adm in ister th at d esign co nsult an t sub co ntrac t , to c ompl y wi th 23 CFR 172 .S(b) an d (d). (5) it may expedite any CDOT approval of its p rocurement pro cess and/or consultant con tract b y submitting a letter to CO OT from th e certifying Local Agency's attorney/authorized representative certifying compliance with Exhibit Hand 23 CFR 172 .S(b)and (d). Page 7 of 18 (6) it shall ensure that its consultant contract complies with the requirements of 49 CFR 18 .36(i) and contains the following language verbatim: (a) "The design work under this contract shall be compatible with the requirements of the contract between the Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project. The State is an intended third party beneficiary of this contract for that purpose." (b) "Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project." (c) "The consultant shall review the construction contractor's shop drawings for confonnance with the contract documents and compliance with the provisions of the State's publication, Standard Specifications for Road and Bridge Construction , in connection with this work." d. The State, in its discretion, will review construction plans, special provisions and estimates a~d will cause the Local Agency to make changes therein that the State determines are necessary to assure compliance w ith State and FHW A requirements . B. Construction [if applicable] 1. If the Work includes construction, the responsible party shall perform the construction in accordance with the approved design plans and/or administer the construction all in accord with the Local Agency Contract Administration Checklist. Such administration shall include project inspection and testing; approving sources of materials ; perfonning required plant and shop inspections; documentation of contract payments , te stin g and insp ect ion activi ti es; preparing and approvi n g pay estim ates ; preparing, ap proving and securing the fun ding for contract modificati on orders an d minor contract revisions; processing contractor claims; construction supervision; and meeting the Quality Control requirements of the FHW A/COOT Stewardship Agreement, as described in the Local Agency Contract Administration Checklist. 2. T he State shall have the a uthor ity to sus p end th e Work, w holl y o r in p art, by givi ng written notice thereof to th e Loca l Age ncy, d ue to th e fail ure of th e Local Agency or its contractor to correct project conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitab le for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. Page 8 of 18 3. If the Local Agency is the responsible party: a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (LAPE), to perform that administration. The LAPE shall administer the project in accordance with this contract, the requirements of the construction contract and applicable State procedures . b . if bids are to be Jet for the construction of the project, it shall advertise the call for bids upon approval by the State and award the construction contract(s) to the low responsible bidder(s) upon approval by the State. (I) in advertising and awarding the bid for the construction of a federal-aid project, the Local Agency shall comply with applicable requirements of 23 USC§ 112 and 23 CFR Parts 633 and 635 and C.R.S. § 24-92-101 et seq . Those requirements include, without limitation, that the Local Agency/contractor shall incorporate Form 1273 (Exhibit I) in its entirety verbatim into any subcontract(s) for those services as terms and conditions therefore , as required by 23 CFR 633 .102(e). (2) the Local Agency has the option to accept or reject the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declare the acceptance or rejection within 3 working days after said bids are publicly opened. (3) by indicating its concurrence in such award, the Local Agency, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the Work under this project if no additional federal-aid funds will be made available for the project. This paragraph also applies to projects advertised and awarded by the State. c. If all or part of the construction work is to be accomplished by Local Agency personnel (i.e. by force account), rather than by a competitive bidding process, the Local Agency will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635, Subpart B, Force Account Construction. (I) Such work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency, the State and FHW A in advance of the Work, as provided for in 23 CFR 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be perfom1ed. (2) An alternative to the above is that the Local Agency may agree to participate in the Work based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the Work. Where actual costs are used, eligibility of cost items shall be Page 9 of 18 - (3) (4) D. State's obligations evaluated for compliance with 48 CFR Part 31. Rental rates for publicly owned equipment will be determined in accordance with the State's Standard Specifications for Road and Bridge Construction§ 109.04 . All force account work shall have prior approval of the State and/or FHW A and shall not be initiated until the State has issued a written notice to proceed. 1. The State will perform a final project inspection prior to project acceptance as a Quality Control/ Assurance activity. When all Work has been satisfactorily completed, the State will sign the FHW A Form 1212. 2. Notwithstanding any consents or approvals given by the State for the Plans, the State will not be liable or responsible in any manner for the structural design, details or construction of any major structures that are designed by or are the responsibility of the Local.Agency as identified in the Local Agency Contract Administration Checklist, Exhibit G, within the Work of this contract. Section 7. ROW Acquisition and Relocation Prior to this project being advertised for bids, the Responsible P arty will certify in writing to the State that all right of way has been acquired in accordance with the applicable State and federal regul ations, or that no additional right of way is required. Any acquisition/relocation activities must comply with all federal and state statutes, regulations , COOT policies and procedures, 49 CFR Part 24, the government wide Uniform Act regulation, the FHWA Project Dev elopment Guide and CDOT's Right of Way Operations Manual. Allocation of Responsibiliti es can be as follows: • F ederal parti c ip ati on in right of w ay acquisition (3 111 charges), relocation (3109 charges) activities, if any, and righ t of way in cidentals (expenses inc i d ental to acquisition/relocation ofright of way -3114 charges); • Fed eral participation in right of way acqu isition (3111 charges), relocation (3109 charges) but no participation in incidental expenses (3114 charges); or • No fe d eral p articipation in right of way acq ui s it ion (3 1 1 charges) and relocation acti vities (3 109 expenses). Regardless of the option selected above, the State retai ns oversight responsi b ilities . The Local Agency 's and the State's respo nsibilities for each o ption is specificall y set forth in C DOT's Right of Way Operation Manual. The manual is located at http :/ /w ww .dot. state. co . us/D evelopProj ects /D esi gnS uppo1t. P age 10 of 18 Section 8. Utilities If necessary, the Responsible Party will be responsible for obtaining the proper clearance or approval from any utility company which may become involved in this Project. Prior to this Project being advertised for bids, the Responsible Party will certi fy in writing to the State that all such clearances h ave been obtained. Section 9. Railroads In the event the Project involves modification of a railroad company's facilities whereby the Work is to be accomplished by railroad company forces, the Responsible Party shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the Work without compliance. The Responsible Party shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning federal-aid projects involving railroad facilities, including: 1. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for federal participation . 2 . Obtaining the railroad's. detailed estimate of the cost of the Work. 3 . Establishing fu ture maintenance responsibilities for the proposed installation . 4 . Proscribing future use or dispositions of the proposed improvements in the e v ent of abandonment or elimination of a grade crossing. 5 . Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. Section 10. Environmental Obligations The Local Agency shall perfonn all Work in accordance with the requirements of the current fe d eral and state environm ental regulations including the National En v ironmental Policy A ct o f 1969 (NEP A) as appli cabl e. Section 11 . M aintenan ce Oblig ation s The Local Agency will maintain and operate the improvements constructed under this contract at its own cost and exp ense duri ng their u sefu l life, in a m anner satis fa ctory to th e State and FHW A. The Local Agency wi ll m ake p roper provisions for such m ai nten an ce ob ligat ions each year. Such maintenance and op eration s sh a ll b e co nducted in accord a nce wi th all a ppl icabl e statu tes, o rd in ances and regu l ations wh ich define the Local Agency's o bl igat ions to maintain such improvements . The State and FHW A will make periodic inspections of th e project to verify that such improvements are being adequate ly maintained. Page 11 of 18 Section 12. Federal Requirements The Local Agency and/or their contractor shall at all times during the execution of this contract 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. The contractor shall also require compliance with these statutes and regulations in subgrant agreements permitted under this contract. A listing of certain federal and state laws that may be applicable are described in Exhibit J . Section 13. Record Keeping The Local Agency shall maintain a complete file of all records, documents, communications, and other written materials which pertain to the costs incurred under this contract. The Local Agency shall maintain such records for a period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the State and FHWA to inspect the project and to inspect, review and audit the project records. Section 14. Termination Provisions This contract may be terminated as follows : A. Termination for Convenience. The State may terminate this contract at any time th e State determines that the purposes of the distribution of moneys under the contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination . B . Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill , in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants , agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to terminate and at least t en (10) days opportunity to cure the default or show cause why tem1ination is otherwise not ap p ro priate. In the even t o f t erm in ation, all fin ished or unfini shed documents , data , st ud ies, surveys, drawings, maps , mod els, photographs and re po rts or other material prepared by th e Local Agency under this contract shall, at the o pti on of the State, become its pro p erty, and th e Loca l Agency shall be entit led to receive just and eq uitab le compensatio n for any servi ces and suppl ies delivered an d accepted. Th e Local Agen cy sh all b e obl igated to ret urn any paymen ts advan ced und er the pro vis ions of this co ntract. Notwithstand ing th e above, th e Local Agency shall not b e re lieved o fliab ility to th e State fo r any damages s ustai n ed b y the State b y vi rtu e of any breach o f the contrac t by th e Local A gency, and th e State may withho ld payment to th e Local Agency for th e p urp oses of mitigat in g its dam age s un ti l such time as the exact amo unt of damages due to the State from the Local Agency is determin ed . Pagel2ofl8 If after such termination it is determined , for any reason, that the Local Agency was not in default or that the Local Agency 's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein . C . Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the purposes of contracting for the Project provided for herein , and therefore, the Local Agency expressly understands and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon availability of such funds to the State. In the event that such funds or any part thereof are not available to the State, the State may immediately terminate or amend this contract. Section 15. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that such person(s) has full authori z ation to execute this contract. Section 16. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Regio 11 6, 2000 South Holly Street, Denver, Colorado 80222 . Said Region Director will also be responsibl e for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the Local Agency.for commencement of the Work. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State's Transportation Region 6 and the Local Agency. All communication , notices , and correspond ence shall be addressed to the individuals identified below . Either party may from time to time designate in writing new or substitute representati v es . Ifto State: Tony Gross COOT Region 6 Resident Engineer 2000 South Holly Street D en ver , Co lorado 80222 (303) 972-9 1 12 Section 17 . Successors l f to the Local Age ncy: Dave Hend erson City of Englewood Pub lic Works 1000 Englewood Parkway En glewood, Co lorado 80110 (3 0 3) 762-2506 Except as herein otherwise provided, thfa contract shall inure to th e benefit of and be bi nding upon the parties hereto and their res p ective successors and assigns. Page 13 of 18 - Section 18. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person . It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 19. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act,§ 24-10-101, et seq., C .R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of§ 24-10-101, et seq., C .R.S., as now or hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S ., as now or hereafter amended. Section 20. Severability To the extent that this contract may be executed and perfom1ance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 21. Waiver The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term , provision, or requirement, or of any other term, provision or requirement. Section 22. Entire Understanding This contract is intended as the complete integration ofall understandings between the parties . No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion , or other amendment hereto shall have any force or effect unless embodied in a writing exec uted and approved pursuant to the State Fiscal Rules . Section 23. Survival of Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued Page 14 of 18 performance, compliance or effect beyond the termination date of the contract shall survive such tem1ination date and shall be enforceable by the State as provided herein in the event of such failure to perfonn or comply by the Local Agency. Section 24. Modification and Amendment This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as iffully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. Section 25. Funding Letters The State may allocate more or less funds available on this contract using a Funding Letter substantially equivalent to Exhibit F and bearing the approval of the State Controller or his designee. The funding letter shall not be deemed valid until it shall have been approved by the State Controller or his designee. Section 26. Disadvantaged Business Enterprise (DBE) The Local Agency will comply with all requirements of Exhibit E and the Local Agency Contract Administration Checklist regarding DBE requirements for the Work, except that if the Local Agency desires to use its own DBE program to implement and administer the DBE provisions of 49 CFR Part 26 under this contract, it must submit a copy of its program's requirements to the State for review and approval before the execution of this contract. If the Local Agency uses its program for this contract, the Local Agency shall be solely responsible to defend that DBE program and its use of that program against all legal and other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation, determinations concerning DBE eligibility requirements and certification, adequate legal and factual bases for DBE goals and good faith efforts. State approval (if provided) of the Local Agency's DBE program does not waive or modify the sole responsibility of the Local Agency for its use as described above. Section 27. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed ofby agreement will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless , within 30 calendar days after the date ofreceipt of a copy of such written decision , the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the contract in accordance with the Chief Engineer's decision . The decision of the Page 15 of 18 Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action . This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Section 28. Single Audit Act Amendment All state and local government and non-profit organization Sub-Grantees receiving more than $500,000 from all funding sources, that are defined as federal financial assistance for Single Audit Act Amendment purposes, shall comply with the audit requirements of 0MB Circular A-133 (Audits of States, Local Governments and Non-Profit Organizations) see also, 49 CFR 18.20 through 18.26. The Single Audit Act Amendment requirements that apply to Sub-Grantees receiving federal funds are as follows: a) If the Sub-Grantee expends less than $500,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. b) If the Sub-Grantee expends more than $500,000 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. c) If the Sub-Grantee expends more than $500,000 in Federal funds , and the Federal funds are from multiple sources (FT A, HUD, NPS, etc .) then the Single Audit Act applies , which is an audit on the entire organization/entity. d) Single Audit can only be conducted by an independent CPA, not by an auditor on staff. e) An audit is an allowable direct or indirect cost. Page 16 of 18 / Section 29. SPECIAL PR .OVISIONS . ·;. (For Use Only with Inter-Governmental Contracts) 1. CONTROLLER'S APPROVAL. CRS 24-30 -202 (1) This contract shall not be deemed va li d un til it has been approved by the Controller of the State of Colorado or such ass istant as he may designate . 2 . FUND AVAILABILITY . CRS 24 -30 -2 02 (5 .5) Financial obligati ons of the State of Colorado payable after the cu rrent fi sca l yea r are contingent upon funds for that pu rp ose be ing approp ri ated , budgeted , and otherwise made ava ilable . 3 . INDEMNIFICATION To the extent authorized by law, the cont ractor shall ind emn ify , save , and hold harmless the State against any and all cla ims , damages , liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees , agents, subcontractors, or assignees pursuant to the terms of this contract. No term or condition of th is contract sha ll be construed or interpreted as a waiver, express or impli ed , of any of the immunities , rights , benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, CRS 24-10-10 1 et seq . or the Federal Tort Cla ims Act, 28 U .S.C . 2671 et seq. as appl icable , as now or hereafter amended . 4 . INDEPENDENT CONTRACTOR . 4 CCR 801 -2 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE . NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE . CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO TH IS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION , EXPRESS OR IMPLIED , TO BIND THE STATE TO ANY AGREEMENTS , LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE ) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW , AND SHALL BE SOLELY RESPON SI BLE FOR THE AC TS OF THE CONTRACTOR, ITS EMP LOYEES AND AGENTS . 5. NON-DISCRIMINATION . The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices . 6 . CHOICE OF LAW . The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation , execu ti on , and enforcement of this contract. Any provision of th is contract , whether or not incorporated herein by reference , which provides for arbitration by any extra -J ud icial body or person or wh ich is otherwise in confl ict with sa id laws, rules , and regulations shall be considered null and void. Nothing con tained in any provision incorporated herein by refe rence wh ich purports to negate this or any other special provision in whole or in part shall be valid or enforceable or ava ilable in any action at law whether by way of complaint, defense , or otherwise . Any provision rendered null and vo id by th e operation of th is provision will not invalidate the rema inder of this contra ct to the extent that th e contra ct is capable of execution . At all times during the performance of this con tract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established . ' 7 . SOFTWARE PIRACY PROHIBITION Governor's Executive Order D 002 00 No State or other public funds payable under this Contract shall be used for the acquisition , operation, or maintenance of computer software in violation of United States copyright laws or applicable licensin g restrictions . The Contractor hereby certifies tha t, for the term of this Contract and any extensions, the Contractor has in place app ropriate systems and controls to prevent such improper use of public fu nds . If the State determines that the Contractor is in vi ola tion of this pa ragra ph , the State ma y exercise any reme dy availa bl e at law or equ ity or und er th is Contract , Including, wi thout limitation, immediate te rmination of th e Co ntract and a ny re medy consis tent wi th Uni ted Sta tes copyrig ht laws or applicable licensing restrictions . 8 . EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507 The signatories aver that to the ir knowledge , no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein . Effective Date : August 1, 2005 Page 17 of 18 SIGNATURE PAGE THE PARTIES HERETO HA VE EXECUTED THIS CONTRACT CONTRACTOR : City of Englewood Legal Name of Contracting Entity 846000580 Social Security Number or FEIN Signature of Authorized Officer Print Name & Title of Authorized Officer CORPORATIONS: (A corporate attestation is required.) STATE OF COLORADO: BILL OWENS, GOVERNOR Executive Director Department of Transportation LEGAL REVIEW: JOHN W . SUTHERS ATTORNEY GENERAL Attest (Seal) By ________________ _ (Corporate Secretary or Equivalent, or Town/City/County Clerk) (Place corporate seal here, if available) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts . This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided . ST ATE CONTROLLER: LESLIE M. SHENEFELT By _______________ _ Date _______________ _ Effective Dale: August 1, 2005 Page 18 of 18 Colorado Department of Transportation Origin Dale : 01 /17/2 006 Project code : 14808 STIP number : DR6 l 24 DESIGN DATA Revise Date : Project number: STE M395-0l l p Metrlc 0 English PE Proiecl Code PE Proiecl Number 4 Rev ision#: l,,.Jg e 1 Reg ion : 06 Sta tus : e preliminary 0 final 0 revised Prepared by : Revised by: Project description : BROADWAY: TUFTS TO BELLEVIEW C Anderson County1 : Arapahoe lcounty2: lcounty3: Date: 01/17/2006 Date: Municipality: Englewood Submitted by Proj .Mgr Approved by Preconstruction Engineer: System code : Other Federal-Aid Highway ANDERSON CM Oversight: Exempt Date : 03 /21/2006 Planned length : 0 .667 Geographic location : Broadway : Tuns to Belleview Terrain type : 0 Level 0 Plains 0 Rolling e Urban 0 Mountainous Description of proposed construction/improvement (attach map showing site location) Construct raised , planted/irrigated landscaped medians . Environmental studies , Design and Construction are i ncluded in the project. No R.O.W . acquisition is required . UTraffic (Note : use columns A , 8 , and/or C lo identify facility described below) Current year : -2004 -Future year: -2024 -Facility location Facility ADT DHV DHV % trucks ADT DHV Industrial !Commercial I Residential I Other A SH 75 43100 3879 3 .9 47410 4267 D I 0 I D I D B D I D I D I D C I I I D I D I D I D fJ RdwyClass Route Rafpt Endrefpt Functional classification Facility type Rural code 1. 75 1.22 7 1.894 N Not Roadway > 200 ,000 .... 2 . 3. D Design Standards (Id rntify substandard Items with a checkmark in 1st column and cla ri fy in remarks) A= SH 75 B = C= Standard Ex isting Proposed Ultimate Standard Existing Proposed Ultimate Standard Existing Proposed Ultimate D Surface type ASPH ASPH ASPH Typ ical section type D # of travel lanes 6 6 6 D Width of travel lanes 12 II II D Shoulder wd . lt./median D Shoulder wd rt./oulside D Side slope dist. ("z") D Median width 12 -16 12 -16 D Po sted speed 45 45 45 D Des ign speed 50 50 50 D Max . superelevalion D Min . radius r 1 Min . horizontal ss d r J Min . vertica l ssd r J Max . grade 5 .1 5.1 I J Project under O 1 R Q 3R Q 4R e Othe r: criteria Existi ng guardrail mee ts curre nt stan dards : e Yes Q No Variance in mi nimu m design standards required O Yes e No D Safely project Comments : / d Justifi cation attached D Request lo be submitted Nol all standa rds ~ Bridge (see Item 4) 0 Sea remarks addressed 11 1 Stage cons tru ction R urfa clng projects I 1 R co mmendations conce rning safe ly aspects attached COOT Form #463 12/2003 1 of 2 Exhibit A Page 2 Project Code : 14808 Project Number: STE M39 5-0l I Revise Date : Major Structures =to sta , R=to be removed~..!Qe.Q_sed__!!ew structure Standard Stru cture Horizontal Vertical Year Structure IP# I I Length I Ref. Point! Featu re Intersected I Width I Rdwy I Load I Clea rance I Clearance I Built Proposed treatment of bridges to remain In place (address bridge rail , capacity , and allowable surface thickness) NI A (proposed) Handicap ramps Curb only Sidewalk width = Bikeway width = Parking lane width = Detours Landscape requirements : (description) Yes No ROW and/or perm. easement required : 0 • Re location required : 0 • Temporary easement requ ired : 0 • Changes in access : 0 • Cha nges to connect ing roads : 0 • Railroad crossings # of cross ings : Railroad Name Agreements required D D D D Est . No . Median type : Q depressed Q painted e raised Q none Traffic control signals ,/ Striping ./ Left-tum slots continuous width = II Right-tum slots continuous width = Signing : ./ construction permanent Other: (description) Utilities (l ist names of known utility companies) Xcel Energy, Qwest, Comcast Cable, Denver Water Dept, Eng lew ood utilities Present protection Condition of x'ings [ -Withdrawn lands (power si tes , reservoirs , etc .) cleared through BLM forest service office Irrigation ditch name: I J New traffic ordinance required Modify schedule of existing ordinance Munici pali ty: Const r u ction m eth od Q Stale e Local Q None noAdReason : Q Design Q P .O. Q Study Q CDOTF/A (Include additional pages II needed) Re, il'Wcd by LAG 03/21 /06 . Q Local F/A Q RRF/A Q UlilityF/A Q Miscellaneous Entity/Agency contact name : _D_a_v_e_H_e_n_d_e_r_so_n ______ -l Phone number: 303-762-2506 Copl11 to : Region Files , Region Environmental Program Manager, Staff ROW , Staff Bridge or other when appropriate 2 of 2 Exhibit A LOCAL AGENCY ORDINANCE or RESOLUTION Exhibit B .J. EXHIBIT C FUNDING PROVISIONS STE M395-011 (14808) A. The Local Agency has estimated th e total cost the Work to be $750,000.00 which is to be funded as follows: 1 BUDGETED FUNDS a . Federal Funds $600,000 .00 (80% of Participating Costs) b . Local Agency Matching Funds $150 ,000 .00 (20% of Participating Costs) Local Agency Matching for COOT - c . Incurred Non-Participating Costs $0 .00 (Including Non-Participating Indirects) TOTAL BUDGETED FUNDS $750,000.00 2 ESTIMATED COOT-INCURRED COSTS a . Federal Share $0 .00 (80% of Participating Costs) b. Local Share Local Agency Share of Participating Costs $0 .00 Non-Participating Costs (Including Non - Participating Indirects) $0 .00 Estimated to be Billed to Local Agency $0 .00 TOTAL ESTIMATED COOT-INCURRED COSTS $0 .00 3 ESTIMATED PAYMENT TO LOCAL AGENCY a . Federal Funds Budgeted (1 a) $600,000 .00 b . Less Estimated Federal Share of COOT-Incurred Costs (2a) $0 .00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $600,000 .00 FORCDOTENCUMBRANCEPURPOSES Tota l Encumbrance Amount ($600,000 .00 divided by 80%) $750,000 .00 Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0 .00 Net to be encumbered as follows: $750 ,000 .00 Design 2312 1 P 3020 $95,000.00 Const 2312 1P 3301 $655 ,000 .00 Exhibit C -Page I of 2 B . The matching ratio for the federal participating funds for this project is 80% federal-aid funds (CFDA #20 2050) to 20% Local Agency funds, it being understood that such ratio applies only to the $750,000.00 ($600,000.00 Federal Funds and $150,000.00 Local Agency Matching Funds) 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 $750,000 .00, and additional federal funds are made available for the project, the Local Agency shall pay 20% 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 $750,000.00, then the amounts of Local Agency and federal-aid funds will be decreased in accordance with the funding ratio described herein. The performance of the Work shall be at no cost to the ·State . C. The maximum amount payable to the Local Agency under this contract shall be $600,000.00 (For COOT accounting purposes , the federal funds of $600,000.00 and local matching funds of $150,000.00 will be encumbered for a total encumbrance of $750 ,000 .00), unless such amount is increased by an appropriate written modification to this contract executed b efore 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 d esign data as approved at the time of execution of this contract, and that such cost is subject to r evisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D. T he p art ies hereto agree th at th is c ontract is contingent upon all funds designated for th e project herein being made available from federal and/or state and/or Local Agency sources, as applicable. Should these sources, either federal or Local Agency, fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, provi d ed that any party termi nating its interest an d o b ligati ons h erei n sh all n ot b e relieved o f an y obligations which existed prior to the effective date of such tem1i nation or whic h may occ ur as a result of such termination . Exhibit C -Page 2 of 2 I J. Exhibit D Certification for Federal-Aid Contracts The contractor certifies , by signing this contract, to the best of its knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf or the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into . Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352 , T itle 31, U .S . Code. Any person who fails to file the required certification shall be subject to a civil penalty ofnot 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 subrecipients shall certify and disclose accordingly. Required by 23 CFR 635 .112 Exhibit D -Page 1 of l DISADVANTAGED BUSINESS ENTERPRISE (DBE) SECTION 1. Policy. Exhibit E It is the policy of the Colorado Department of Transportation (CDOT) that disadvantaged business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement, pursuant to 49 CFR Part 23. Consequently, the 49 CFR Part IE DBE requirements the Colorado Department of Transportation DBE Program (or a Local Agency DBE Program approved in advance by the State) apply to this agreement. SECTION 2. DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the maximum opportunity to participate in the 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 ofrace, color, national origin, or sex in the award and performance of CDOT assisted contracts. SECTION 3 DBE Program . The contractor (subrecipient) shall be responsible for obtaining the Disadvantaged Business Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall comply with the applicable provisions of the program. (If applicable). A copy of the DBE Program is available from and will be mailed to the contractor upon request: Business Programs Office Colorado Department of Transportation 4201 East Arkansas A venu e, R oom 2 87 Denver, Colorado 80222-3400 Phone: (303) 757-9234 revised 1/22 /98 Required by 49 CFR Part 23 .4 1 Exhibit E -Page 1 of 1 Exhibit F COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT AUTHORITY : UNDING INCREASE/DECREASE AND APPROVAL LETTER Region : State Controller Policy letter on June 12 , 1996 molete section 1 and submit to COOT Controller's office. COOT Cont r oller letter on May 23, 1996 (1 )Th i s form to be used for the following contracts /situations only (check the appropriate situation): _indefinite quantity, order more/add more _utility/railroad, underestimated total cost _COOT construction, sum of CMO's _LA construct i on, underest i mated cost COOT construction underestimated total cost COOT consultant, underestimated cost SECTION 1 (Reqlon use) Date : (2) Pro iect code (3) To: COOT Controller (FAX #(303) 757 -9573 or e-mail CONTROLLER) Project# (4) From : Office : (5) Phone# (5) FAX# (5) Reaion # (5) COOT has executed a contract with : (6) Address : (6) FEIN# (6) Contract routing # (7) COFRS en cumbrance# (Indicate PO , SC or PG#) (8) Fund Orgn. Appro . Prgrm . Fune . Object/Sub -obj N / P GBL Reporting Catg . Proj /Sub / Phase (9) ; (9) (9) (9) (9) (9) (9) (9) (9) '"'•ig i nal contract amount Has a Budget Request been processed to cove r the contr act amount i nc rease ? _, (10) ves no (14) Prev ious Funding Letter(s) total Preparer's name (1 5) $ (11) (Fund ing letter #1 thru #_) PHONE NO : This Funding Letter total Contract Administrator's/Business Manager's Approval s (12) (16) (#_) PHONE NO : Ad j usted contract amount COOT Des ignee Approval $ (13) (17) - Local Agency approval (18) SECTIO N 2 (C ontroller's Office u se) (1 9) Total allotment am ount Commission budget $ ( 19) s (19) If construction : CE charges Indirect chgs Adjusted contract amount plus total CE&, i nd irect _CE pool elig. (19) S (19) $ (19) charges calculation S (19) 1 / have reviewed the financial status of the project, organization , grant and have determined that sufficient funds are available ( :over this increase , effective as of (19) State Controller or Delegee Date (2 0) (20 ) Ex hibit F -Pa ge I of I e I J. Exhibit G LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST The following checklist has been developed to ensure that all required aspects of a project approved for Federal funding have been addressed and a responsible party assigned for each task. After a project has been approved for Federal funding in the Statewide Transportation Improvement Program, the Colorado Department of Transportation (COOT) Project Manager, Local Agency project manager, and COOT Resident Engineer prepare the checklist. It becomes a part of the contractual agreement between the Local Agency and COOT. The COOT Agreements Unit will not process a Local Agency agreement without this completed checklist. It will be reviewed at the Final Office Review meeting to ensure that all parties remain in agreement as to who is responsible for performing individual tasks. xv .. ' Exhibit G COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Project No. STIP No . Project Code Region STE M395-011 DR6124 14808 06 Project Location Date Broadway: Tufts to Belleview 05/25/2006 Project Description Broadway: Tufts to Belleview Median Local Agency Local Agency Project Manager Dave Henderson City of Enqlewood COOT Resident Engineer COOT Project Manager Tony Gross Carol Anderson INSTRUCTIONS: This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement. The checklist becomes an attachment to the Local Agency agreement. Section numbers correspond to the applicable chapters of the COOT Local Agency Manual. The checklist shall be prepared by placing an "X" under the responsible party , opposite each of the tasks . The "X" denotes the party responsible for initiating and executing the task. Only one responsible party should be selected . When neither COOT nor the Local Agency is responsible for a task , not applicable (NA) shall be noted . In addition , a "#" will denote that COOT must concur or approve . Tasks that will be performed by Headquarters staff will be indicated. The Regions, in accordance with established policies and procedures , will determine who will perform all other tasks that are the responsibility of COOT. fhe checklist shall be prepared by the COOT Resident Engineer or the COOT Project Manager, in cooperation with the Local Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the COOT Resident Enoineer , in cooperation with the Local Aoency Project Manaoer, will prepare and distribute a revised checklist. RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT TIP/ STIP AND LONG-RANGE PLANS 2-1 Review to ensure consistency with STIP and amendments thereto X FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4-1 Authori ze funding by phases (COOT Form 418 -Federal-aid Program Data . Requires FHW A X concurrence/involvement) PROJECT DEVELOPMENT 5-1 Prepare Desion Data -COOT Form 463 X X 5-2 Prepare Local Aoency/COOT Inter-Governmental Aoreement (see also Chapter 3) X 5-3 Conduct consultant selection/execute aqreement X 5-4 Conduct Desiqn Scoping Review meeting X 5-5 Conduct public involvement X 5-6 Conduct Field Inspection Review X X 5-7 Conduct environmen tal processes (may require FHWA concurrence/involvement) X X 5-8 Acquire right-of-way (may requ ire FHWA concurrence/involvement) X 5-9 Obtain util ity and railroad aoreements X 5-10 Conduct Final Office Review X X 5-11 Justify for ce account work by the Local Agency X 5-12 Justify proprietarv items X 5-13 Document dosion exce ptions -COOT Form 464 X 5-1 4 Preoare olans , specifications and construction cost estimates J-15 Ensure au thoriza tio n of funds X COOT Form 1243 07 /02 Page1 of 4 Previous editions are obsolete and may not be used ) Exhibit G RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA COOT PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE 6 -1 Set Underutiliz ed Disadvantaged Business Enterprise (UBDE) goals for consultant and X construction Contracts (COOT Reg ion EEO /Civil Rights So ecia li stl 6 -2 Determine applicability of Davis-Bacon Act X This project O is i is not exempt from Davis-Bacon requirements as determined by the functional classification of the project location (Projects located on local roads and rural m inor collectors may be exempt.) 05/25/2006 COOT Resident Enaineer Date 6-3 Set On-the-Job Training goals . Goal is zero if total construction is less than $1 million (COOT X Reg ion EEO/Civi l Rights Specialist) :·:··: .. Ensure the correct Federal Wage Decision , all required Disadvantaged Business X ;.1 .• .. Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included in the . , Contract (COOT Resident Engineer) .·: ,', .. ADVERTISE, BID AND AWARD 7-1 Obtain aooroval for advertisement period of less than three weeks X 7-2 Advertise for bids X 7-3 Distribute "advertisement set" of plans and specifications X 7-4 Review worksite and plan details w ith prospective bidders while project is under X advertisement 7-5 Open b ids X 7 -6 Process bids for comoliance .. ,. .. ,a: .. .''. '.·:.j{'. Check COOT Form 715 -Certificate of Proposed Underutilized DBE Participation when the :.:,,··:,'· low bidder meets UDBE ooals X .·?i f(·} Evaluate COOT Form 718 -Underutil ized DBE Good Fa ith Effort Documentation and determine if the Contractor has made a good faith effort when the low bidder does not meet X ·~·.,-) /_ :' ·:~ I DBE goals , , I~,/' ,-'. I ( I Submit reauired documentation for COOT award concurrence X 7-7 Concurrence from COOT to award X 7 -8 Aoorove rejection of low bidder X 7 -9 Award Contract X 7-10 Provide "award " and "record " sets of plans and specifications X CONSTRUCTION MANAGEMENT 8-1 Is sue Noti ce to Proc eed to the Con tra ctor X 8-2 C o nduct conferen ce s : ··_'.' .. ;((-':.•;; .. ::•. Precon s truction (Ap pe ndix B) X ·.':?~))·:. Presurvey • Construction staking X ~ ,, I, I : I J • Monumentation '•: • ..... ,;', . ~.\,~i,,.:.r\: Partnerino (Optional) X . :.H. "\'.~: !• .,. Structural Concrete Pre-Pour (Agenda is in COOT Construction Manual) X • ... ~':/f1 '·~: Concrete Pavement Pre-Paving (Agenda is in COOT Construction Manual) X "t •,. ,,. HBP Pre-Pavina (Agenda is in COOT Construction Manual) X , ..... , .... 8-3 Develop and distribute Pub lic Noti ce o f Pla n ne d Con struction to media an d local resi den ts X 8-4 Supervise construc tion ,, A Professional Engineer (PE) registered in Colorado, who will be "in responsible charge of '. construction supervision ." X Laqy N immo 303-762-2504 .. Local Agen cy Professional Engineer or Phone number C OOT Resident Engineer COOT Form 1243 07/02 Page2 of 4 Previous 1dltlon1 art ob1ol1t1 and may not be uaed ' I Exhibit G RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT i.~: . Provide competent, experienced staff who will ensure the Contract work is constructed in ... accordance with the plans and specifications X ·:·:··.,. Construction inspection and documentation X 8 -5 Approve shoo drawings X 8-6 Perform traffic control inspections X 8-7 Perform c ~.,struction surveying X 8-8 Monument .. ,.ht-of-way X 8-9 Prepare and approve interim and final Contractor pay estimates X Prov ide the name and phone number of the person authorized for this task. Lar!Y Nimmo 303-762-2504 Local Agencv Reoresentative Phone number 8-10 Prepare and aoorove interim and final utility/railroad billinos X 8-11 Prepare Local Agency reimbursement requests X 8-12 Prepare and authorize chanoe orders X 8-13 Aoorove all change orders X X 8-14 Monitor oroiect financial status X 8-15 : Prepare and submit monthly progress reports X 8-16 Resolve Contractor claims/disoutes X 8-17 Conduct routine, random project reviews Provide the name and phone number of the person responsible for this task . X Tony Gross 303-972 -9112 COOT Res ident Enaineer Phone number MATERIALS 9-1 9 -2 9-3 9-4 9-5 9-6 9-7 9-8 9 -9 9 -10 Conduct Materials Preconstruction meetino X COOT Form 250 -Materials Documentation Record • Generate form, which includes determining the minimum number of required tests and X applicable material submittals for all materials placed on the project X • Update the form as work progresses X • Comolete and distribute form after work is comoleted Perform project acceptance samples and tests X Perform laboratory verification tests X Accept manufactured products Inspection of structural components : X • Fabrication of structural steel and pre-stressed concrete structural components • Bridge modular expansion devices (O" to 6" or greater) • Fabrication of bearino devices Aoorove sources of materials X Independent Assurance Testing (IAT), Local Agency Procedures~ COOT Procedures U • Generate IAT schedule X • Schedu le and provide notification X • Conduct IAT X Approve mix designs X • Concre te X • Hot bituminous pavement X Check final materials documentation X Complete and distribute final materials documentation X COOT Form 1243 07/02 Page3 of 4 Previous editions are obsolete and may not be used Exhibit G CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE 10-1 Fulfill oroiect bulletin board and oreconstruclion oacket reauirements 10-2 COOT Form 205 -Sublet Permit Application Review and sign completed COOT Form 205 for each subcontractor, and submit to EEO/Civil Rights Specialist 10-3 Conduct employee interviews . Complete COOT Form 280 -Equal Employment Opportunity and Labor Compliance Verification 10-4 Monitor Disadvantaged Business Enterprise participation to ensure compliance with the "commerciallv useful function" reauirements 10-5 Conduct trainee interviews. Complete COOT Form 200 -OJT Training Questionnaire when project utilizes on-the-job trainees 10-6 Check certified oavrolls (Contact the Reaion EEO/Civil Rlohts Specialists for training requirements .) 10-7 Submit FHWA Form 1391 -Hiohway Construction Contractor's Annual EEO Reoort FINALS 11-1 11-2 11-3 11-4 11-5 11-6 11-7 11-8 11-9 11-10 11-11 11-12 Conduct final project inspection, and complete and submit COOT Form 1212 -Final Acceptance Report (Resident Engineer with mandatory Local Agency participation.) Write final project acceptance letter Advertise for final settlement Prepare and distribute final As-Constructed plans Check final auantities final clans and the final oav estimato Check material documentation and submit final material certification (see Chapter 9) Obtain COOT Form 17 -Contractor DBE Payment Certification from the Contactor and submit to the Resident Enoineer Process final payment Obtain FHWA Form 47 -Statement of Materials and Labor Used ... from the Contractor Complete and submit COOT Form 950 -Proiect Closure Retain oroiect records for six vears from date of oroiect closure Retain final version of this checklist and distribute copies cc : COOT Resident Engineer/Project Manager CDOT Region Program Engineer COOT Region EEO/Civil Rights Specialist CDOT Region Materials Engineer COOT Contracts and Market Analysis Branch Local Agency Project Manager X X X X X X X X X X X X X X X X X X X COOT Form 1243 07/02 Pagelv of 4 Previous editions are obsolete and may not be used ( e Exhibit H THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL-AID PROJECT AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded local agency project agreement administered by COOT that involves professional consultant services . 23 CFR 172 and 23 CFR l 72(d) state that, "When federal-aid highway funds participate in the contract a local shall use the same procedures as used by the State to administer contracts ... ". Therefore, local agencies must comply with this CFR requirement and the following state procedures when obtaining professional consultant services under a federally funded consultant contract administered by COOT. COOT has formulated its procedures in Procedural Directive (P .O .) 400.1 and the related operations guidebook titled "Obtaining Professional Consultant Services". This directive and guidebook incorporate requirements from both Federal and State regulations, i .e., 23 CFR 172 and Colorado Revised Statute (C.R.S .) 24-30-1401 et seq. Copies of the directive and the guidebook may be obtained upon request from 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 .5(b)(l-6)]. 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 COOT procedures that a local agency must follow in obtaining professional consultant services . This guidance follows the format of 23 CFR 172 . The steps are : I . The contracting local agency shall document the need for obtaining professional services . 2 . Prior to solicitation for consultant services, the contracting lo cal 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 confonnity with the requirements ofC.R .S . 24-30-1405. The public notice period, when SUl -:>tice is required, is a minimum of 15 days prior to the selection of the three most qualified fITT11S and the advertising should be done in one or more daily newspapers of general circulation. 4 . The request for consultant services should ;nclude the scope of work, the evaluation factors and their relative importance, the method of payment, and the goal often percent (10 %) Disadvantaged Business Enterprise (DBE) participation as a minimum for the project. 5. The analysis and se lection of the consultants should be done in accordance with C.R .S . 24-30-1403 . This section of the reg ulation ide ntifi es the criteria to be used in the evaluation of CDOT pre -qualified prime consultant s and their team. It also shows which criteria are used to short-list and to make a final se lection. The sh011-lis t is based on the following evaluation factors: a . Qualifications, b. Approach to the project, c . Ability to furnish professional services . d . Anticipated design concepts, and e . Alternative met hods of approach for furnishing the professiona l services . Evaluation factors for final se lection are the co nsultant's : a . Abilities of their personnel, b. Pa s t performance, c . Willingness to meet the time and budget requirement, d . Location, Exhibit H -Page 1 of2 Exhibit H e. Current and projected work load, f. Volume of previously awarded contracts, and g. Involvement of minority consultants . Under 24-30-1401. cost shall not be considered as a factor in the evaluation of professional consultant services. 6. 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 reimbursement for costs are limited to those costs allowable under the cost principles of 48 CFR 31. Fixed fees (profit) are determined with consideration given to size, complexity, duration , and degree of risk involved in the work. Profit is in the range of six ( 6) to fifteen ( 15) percent of the total direct and indirect costs . 7. A qualified local agency employee shall be responsible and in charge of the project to ensure that the work being pursued is complete, accurate, and consistent with the tenns, conditions, and specifications of the contract. At the end of project, the local agency prepares a performance evaluation (a CDOT form is available) on the consultant. 8. Each of the steps listed above is to be documented in accordance with the provisions of 49 CFR 18.42, which provide for records to be kept at least three (3) years from the date that the local agency submits its final expenditure report. Records of projects under litigation shall be kept at least three (3) years after the case has been settled. The C .R.S .24 -30-1401 through 24-30-1408, 23 CFR Part 172 , and P .D . 400 .1, provide additional details for complying with the eight (8) steps just discussed . Exhibit H -Page 2 of 2 Exhibit I FHWA·12 73 Electronic version ·· March 10, 1994 FHWA Form 1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General ..................................................................... 1 II . Nondiscrimination ..................................................... 1 Ill. Nonsegregated Facilities .......................................... 3 IV . Payment of Predetermined Minimum Wage ............ 3 V . Statements and Payrolls ........................................... 6 VI. Record of Materials, Supplies, and Labor ................ 6 VII. Subletting or Assigning the Contract ........................ 7 VIII. Safety: Accident Prevention .................................... 7 IX. False Statements Concerning Highway Projects ..... 7 X . Implementation of Clean Air Act and Federal Water Pollution Control Act ....................................................... 8 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ......................................... 8 XII . Certification Regarding Use of Contract Funds for Lobbying ..................................................................................... 9 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superin- tendence and to all work performed on the contract by piecework, station work , or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall Insert in each subcontract all of the stipulations contained in these Required Contract Provisions , and further require their inclusion in any lower lier subcontract or purchase order that may in turn be made . The Required Contract Provi- sions shall not be incorporated by reference in any case . The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions . 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provis ions may also be grounds for debarment as provided in 29 CFR 5.12 : Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V. paragraphs 1 and 2a through 2g . 5. Disp ut es arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this con tract. Such disputes shall be resolved in accor- dance with the procedures of the U .S. Department of Labor (DOL) as se t forth in 29 CFR 5, 6, and 7. Disputes withi n the meaning of this clause include disputes between the co ntractor (or any of Its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives . 6. Selection of Labor: During the performance of this con- tract, the contractor shall not: a . discriminate against labor from any other State, posses- sion, or territory of the United States (except for employment preference for Appalachian contracts, when applicable , as specified in Attachment A), or b . employ convict labor for any purpose within the limits of the project unless ii is labor performed by convicts who are on parole, supervised release, or probation . II. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more .) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35 , 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C . 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4 .3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C . 12101 fil ~.) set forth under 28 CFR 35 and 29 CFR 1630 are Incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO : a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obliga- tions and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed , and that employees are treated during employ- ment, without regard to their race, re lig ion , sex, color, national origin, age or disability . Such action shall include : employment, upgrading, demotion, or transfer; recruitment or recruitment advertising : layoff or termination: rates of pay or other forms of compensation : and selection for training, incl uding apprenticeship, preapprenticeship, and/or on-the-job trai ning ." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so . 3. Dlsaemln1tlon of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially Involved In such action, will be made fully cognizant Exhibit I-Pagel of 9 of, and will implement, the contractor's EEO policy and contractual respons ibil ities to provide EEO in each grade and classification of employmen t. To ensure that the above agreement will be met, the following acti ons will be taken as a minimum : a . Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every si x months , at which time the contract- or's EEO policy and its implementation will be reviewed and expla ined . The meetings will be conducted by the EEO Officer . b . All new supervisory or personnel office employees wi ll be g iven a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obl igations within th irty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees . d . Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees , applicants for employment and potential employees . e . The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employ- ees by means of meetings , employee handbooks , or other appropriate means . 4 . Recruitment: When advertising for employees, the contrac- tor will include in all advertisements for employees the notation : "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from wh ich the project work fo rce would normally be derived . a. The contractor will , unless precluded by a valid bargain- ing agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group appl icants . To meet th is requirement, the contractor will identify sources of potential minority group employees, and establ ish with such identified sources procedures whe reby minority group applicants may be referred to the contractor for employment consideration . b. In the event the contractor has a valid bargain ing agree- ment providing fo r exclus ive hiring hall referrals , he is expected to observe the provisions of that agreement to the extent that the sys tem perm its the contractor's compl iance with EEO contract provisi ons . (The DOL has held that whe re implementation of such ag ree ments have the effect of discriminating ag ai nst minori ties or wom en , or obligate s the contractor to do th e same, such implemen tation vi ola tes Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees . 5. Personnel Action s: Wages, working conditions, and employee benefits shall be establis hed an d adminis tered, and personne l ac tions of every type, including hiring, upgrading , promotion , transfer , demotion , layoff, and termina tion, shall be taken without regard to race , color, religion , sex, national origin , age or disab ili ty . The following procedures shall be followed : a . The contractor will conduct period ic inspections or project sites to insure that working conditions and employee fa cili tie s do not ind icate discriminatory treatment of project site personnel. b . The contractor will periodically evaluate the spread of wages paid wit hin each class ifica tion to determ ine any evidence of Exhibit I discriminatory wage practices . c. The contractor will period ically rev iew selected personnel actions in depth to determ ine whether there is evidence of discrim ination . Where evidence is found , the contractor will promptly take corrective action . If the review indicates that the discrimination may extend beyond the actions rev iewed , such corrective action shall include all affected persons . d . The contractor will promptly investigate all complaints of alleged discrimination made to the contracto r in connection with his obl iga ti ons unde r this contract , will attemp t to resolve such complaints, and will ta ke appropriate corrective action with in a . reasonable time. If the investigati on indicates tha t the discrimination may affect persons other than the complainant, such corrective action shall include such other persons . Upon completion of each investigation , the contractor will inform every complainant of all of his avenues of appeal. 6 . Training and Promotion: a . The contractor will assist in locating, qualifying , and increasing the skills of minority group and women employees , and applicants for employment. b. Consistent with the contractor's work force requirements and as permiss ible under Federal and State regulations , the contractor shall make full use of train ing programs, i.e ., apprenticeship, and on-the-job training programs for the geographical area of contract performance . Where feasible , 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or tra ining. In the event a special provision for train ing is provided under this contract, this subpara - graph will be supe rseded as ind icated in the special provision . c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each . d . The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion . 7. Unions: If the contractor relies in whole or in part upon un ions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the un ions , and to effect referrals by such unions of minority and fema le employees . Actions by the contractor either d irectly or through a contractor's association acting as agent will include the pro ce du re s set forth below: a . The con tractor will use best efforts to develop, in cooperation with the unions , joint training programs aimed toward qualifying more minority group members and women for membersh ip in the unions and increasing the skills of minority group employees and wome n so tha t they may qu alify for higher paying emplo yment. b . The co ntrac to r wi ll use best efforts to incorporate an EEO clause in to each union agreement to the end th at such union will be con trac tually bound to refer applicants without regard to their race , color, religion , sex, national origin, age or disability. c. The co ntrac to r Is to ob tain information as to the referral practices and policies of the labor union except that to the extent such Information Is with in the exclus ive possession of the labor un ion and such labor union refuses to furnish such Information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information . d . In the event the union is unable to provide the contractor Exhibit I -Page 2 of 9 REQUIRED BY 23 CFR 633 .102 with a reasonable flow of m inority and women re ferrals within the time limit set forth in the collective bargaining agreement, the contractor will , through independent recruitment efforts , fill the employment vacancies without regard to race , color, religion , sex , national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women . (The DOL has held that It shall be no excuse that the union with which the contractor has a collective barga ining agreement providing for exclusive referral failed to refer minority employees .) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended , and these special provisions, such contractor shall immediately notify the SHA. 8 . Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discrim inate on the grounds of race , color, religion, sex, national origin , age or disability In the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among the ir employees . Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcon - tractor compliance with their EEO obligations . 9. Records and Reports : The contractor shall keep such records as necessary to document compliance with the EEO requiremen ts. Such records shall be retained for a period of three years follow ing completion of the contract work and shall be ava ilable at reasonable times and places for inspection by autho- rized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the follow ing : (1) The number of minority and non-minority group membe rs and women emp loyed in each work classification on the project ; (2) Th e progress and efforts being made In cooperation with uni ons , when appli cable , to incre ase employment opportun i- ties fo r minorities and wom en ; (3) The progress and efforts being made in locating, hiring , training, qualifying , and upgrading minority and female employees : and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with mean ing ful minority and female representation among their employees . b. The con tractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non -minority group empl oyees currently engaged In each work classifica tion req uired by th e co ntract work . Th is information is to be reported on Form FHWA-1391 . If on -the job training Is being required by special provision, the contractor will be required lo collect and report training data . 111 . N ONSEGREG ATED FACILITIES (Applicable to all Federal-aid construction contracts and to all Exhibit I related subcontracts of $10 ,000 or more.) a . By subm iss ion of th is bid, the execution of th is contract or subcontract, or the consummation of th is material supply agree- ment or purchase order, as appropriate, the bidder, Federal-aid construction contractor , subcontractor, material supplier, or vendor, as appropriate , certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control , where segregated facilities are maintained . The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facili ti es " means any waiting rooms, work areas, restrooms and washrooms , restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national orig in, age or disability , because of habit, local custom, or otherwise . The only exception will be for the disabled when the demands for access ibility override (e .g . disabled parking). • c . The contracto r agrees that it has obtained or w ill obtain identical certification from proposed subcontractors or material suppl iers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files . IV . PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceed ing $2 ,000 and to all related subcontracts , except for projects located on roadways class ified as local roads or rural minor collectors , which are exempt.) 1. General: a . All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and w ithout subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor und er the Copeland Act (40 U .S .C . 276c)] the full amounts of wages and bona fi de fringe benefits (or cash equivalents thereof) due al time of paymen t. The payment shall be computed at wage rates not less than those contain ed In the wage determ ination of th e Secretary of La bo r (herein afte r "the wage dete rm ina ti on ") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechan ics . The wage determination (Including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHW A-1495) shall be posted at all times by the con tractor and Its subcontractors at the site of the work in a prominen t and accessible place wh ere It can be easily seen by the workers . For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act (40 U .S.C . 276a) on be half of laborers or mechanics are considered wages paid to such laborers or mechanics , subject to the provi- sions of Section IV, paragraph 3b , hereof. Also , for the purpose of th is Section, regular contribu tions made or costs Incurred for more than a weekly period (but no t less often than quarterly) under plans , funds , or programs, which cover the particular weekly period, are deemed to be constructively made or Incurred during such weekly period . Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage Exhibit I -Page 3 of 9 REQUIRED BY 23 CFR 633.102 determination for the classification of work actually performed , without regard to skill , except as provided in paragraphs 4 and 5 of this Section IV . b . Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided , that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c . All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorpo- rated by reference in this contract. 2 . Classification: a . The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage detenmination, shall be classified in conformance with the wage determination . b . The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers , when such a classification preva ils in the area in which the work Is performed . c . If the contractor or subcontractors , as appropriate, the laborers and mechanics (if known) to be employed In the addit ion- al classification or their representatives , and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the acti on taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Divi sion , Employment Stan- dards Admin istrat ion, Washington , D.C . 20210 . The Wage and Hour Adm inistrator, or an authorized representa ti ve , will approve , modify, or disapprove every additional classification action within 30 days of recei pt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional lime is necessary. d. In the event the contractor or subcontractors, as appro- priate , the laborers or mechanics to be employed In the additional clas si fication or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (incl ud ing the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, inclu ding the views of all interested parties and the recommenda - tion of the contracting officer, to the Wage and Hour Admin istrator for determination . Said Adm inistrator, or an authorized represen - tolive , w ill is sue a determ ination within 30 days of rece ipt and so odv1se the contracting officer or will notify the contracting officer w ith in the 30-day pe riod that additional time Is necessary e . T he w age rat e (including fringe benefits where appropri - ate) de termined pursuant lo pa ragraph 2c or 2d of this Section IV shall be p aid to all worke rs perform ing work In the additional cl ass ifi cotio n from the fi rst day on wh ich work is performed in the cla ssifi cation . 3 . Payment of Fringe Benefits : Exhibit I a . Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fr in ge benefit wh ich is not expressed as an hourly ra te , the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equ iva lent thereof. b . If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated In providing bona fide fringe benefits under a plan or program , provided, that the Secre- tary of Labor has found , upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program . 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices : (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL , Employment and Training Administration , Bureau of Apprenticeship and Training , or with a State apprenticeship agency recognized by the Bureau , or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program , who is not ind ivi dually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice . (2) The allowable ratio of apprentices lo journeyman- level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program . Any employee listed on a payroll at an apprentice wage rate, who is not regis- tered or otherwise employed as stated above , shall be pa id not less than the applicable wage rate listed in the wage determina- tion for the classification of work actually performed . In addition , any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed . Where a contractor or subcontractor is performing construction on a project in a locality other than that in which Its program is registered, the ratios and wage rates (ex- pressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed . (3) Every apprentice must be pa id at not less than the rate specified in the registered program for the apprentice's level of progress , expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination . Apprentices shall be paid fringe benefits in accordance with the provisions of the apprentice ship program . If the apprenticeship program does not specify fr inge benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determ i- nation for the applicable classification . If the Admir.istrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination . (4) In the event the Bureau of Apprenticeship and Tra ining , or a State apprenticesh ip agency recogn ized by the Bureau , w ithdraws approval of an apprenticeship program , the contractor or subcontractor wilt no longer be penm itted to utili ze apprentices at les s than the appli cable predeterm ined rate for the Ex hib it I -Page 4 of 9 RE UIR ED BY 23 CFR 633 .102 comparable work performed by regular employees until an accept- able program is approved . b . Trainees : (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration . (2) The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration . Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed . In addition , any trainee perfonming work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination . Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program . If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprentice- ship program associated with the corresponding journeyman-level wage rate on the wage dete rmination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices . (4) In the event the Employment and Training Admin is tration withdraws approval of a tra ining program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c . Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV .2 . Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually per- formed . 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees work in g under apprenticeship and skill tra ining programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal- aid highway construction programs are not subject to the require- ments of paragraph 4 of th is Section IV . The straight time hourly wage rates fo r apprentices and trainees under such programs will be es tablished by the particular progr;,ms. The ratio of apprentic- es and tra inees to journeymen shall not be greater than permitted by th e terms of the particular program . 6 . Withholding : The SHA shall upon Its own action or upon written request o f an au tho rize d representative of the DOL withhold, or cause to be withheld , from the contractor or subcontractor under this Exhibit I contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechan ics , including apprentices, trainees , and helpers, em- ployed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic , including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract , the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance , or guarantee of funds until such violations have ceased . 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics , watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek . 8 . Violation: Liability for Unpaid Wages; Liquidated Damages : In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages . In addition , such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages . Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or penmitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9 . Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon Its own action or upon written request of any authorized representative of the DOL withhold , or cause to be withheld , from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above . V . STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts , except for projects located on roadways classified as local roads or rural collectors , which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein in corporated by reference . 2 . Payrolls and Payroll Records : Exhibit I -Page 5 of 9 REQUIRED BY 2 3 CFR 633 .102 a . Payrolls and basic record s relating thereto shall be ma intained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics , apprentices , trainees, watchmen , helpers , and guards working at the site of the work . b . The payroll records shall contain the name, social security number, and address of each such employee ; his or her correct classification ; hourly rates of wages paid (including rates of contributions or cos ts anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(8) of the Davis Bacon Act); daily and weekly number of hours worked ; deductions made ; and actual wages paid . In addition , for Appalach ian contracts , the payroll records shall contain a notation ind icating whether the employee does , or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(8) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commit- ment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected , and show the cost anticipated or the actual cost incurred in provid ing benefits . Contractors or subcontractors employing apprentices or tra inees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs . c. Each contractor and subcontractor shall furnish , each week in which any contract work is performed , to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices , trainees, and helpers , described in Section IV , para- graphs 4 and 5 , and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. Th is Information may be submitted in any form desired . Optional Form WH-34 7 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1 ), U .S . Government Printing Office , Wash ington , D.C. 20402. The prime contractor is responsible for the subm is- si o n of cop ies of payrolls by all subcontractors . d. Each payroll submitted sha ll be accompan ied by a "Sta tement of Compliance ," s igned by the contractor or subcon- trac to r or hi s/her agent who pays o r superv ises the payment of th e persons e mployed under th e contrac t and sh all ce rtify the follow- ing : ( 1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete ; (2) that such laborer or mechan ic (including each helper , apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned , without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissi ble deductions as set forth in the Regula tions, 29 CFR 3 ; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash eq uivale nt for the classification of worked performed, as specified 1n the applicable wage determination Incorporated in to the con tract. e. The weekly submission of a properly executed certifica- tion se t forth on the reverse side of Optional Form WH -347 shall Exhibit I satisfy the requ irement fo r subm ission of the "Sta tement of Compl iance" required by paragraph 2d of th is Section V . f . The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U .S .C . 1001 and 31 U.S .C . 231 . g . The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying , or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such repre- sentatives to interview employees during working hours on the job. If the contractor or subcontractor fails to subm it the required records orto make them available , the SHA, the FHWA, the DOL , or all may, after written notice to the contractor , sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment , advance, or guarantee of funds . Furthermore, failure to subm it the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12 . VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis , highway beautification contracts , and contracts for which the total final construction cost for roadway and bridge is less than $1,000 ,000 (23 CFR 635) the contractor shall : a . Become familiar w ith the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of H ighway Construction Involving Federal Funds,• prior to the commencement of work under th is contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work , and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47 . c . Furn ish , upon the completion of the contract , to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1 b relative to materi als and suppl ies , a final labor summary of all contract work ind icating the total hours worked and the total amount earned . 2. At the prime contractor's option , e ither a single report covering all contract work or separate reports for the contractor and for each subcontract shall be subm itt ed. VII . SUBLETIING OR ASSIGNING TH E CONTRACT 1 . The contractor shall perform with Its own organization contract work amounting to not less than 30 percent (or a greater percentage If specified elsewhere In the contract) of the total original contract price, excluding any specialty items designated by the State . Specialty Items may be performed by subcon tract and the amount of any such specia lty items performed may be deducted from the total original contract price before computing the amount of work requi red to be performed by the contractor's own organization (23 CFR 635). a . "Its own organization " shall be construed to include only workers employed and paid directly by the prime cont ractor and equipment owned or ren ted by the prime contractor, with or without operators . Such term does not include employees or equlprnent of a subcontractor, assignee , or agent of the prime contractor. b. "Specialty Items• shall be construed to be limited to work that requ ires highly specialized knowtedge , abilities , or Exhibit [ -Page 6 of 9 REQUIRED BY 23 CFR 633 .102 i .) equipr:ne~t not ord inarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2 . The contract amount upon which the requ irements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions . 3 . The contractor shall furn ish (a) a competent superintendent or supervisor who is employed by the firm , has full authority to direct performance of the wo rk in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer detenmines is necessary to assure the performance of the contract. 4 . No portion of the contract shall be sublet, ass igned or otherwise disposed of except w ith the written consent of the SHA contracting officer, or authorized representative , and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provis ions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply w ith all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor sha ll provide all safeguards , safety devices and protective equipment and take any other needed actions as it determ ines, or as the SHA contracting officer may determine , to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection w ith the performance of the work covered by the contract. 2 . It is a condition of th is contract . and shall be made a condition of each subcontract , which the contractor enters into pursuant to th is contract , that the contractor and any subcontractor shall not perm it any employee , in perfonmance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promu lgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (4 0 u.s.c . 333 ). 3 . Pursua nt to 29 CF R 1926 .3, it is a condition of th is contract that th e Secretary of La bor or a utho rize d repres entative thereof, shall have right of en try to any site of contract performance to inspect or investigate the matter of compliance with the construc- tion safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U .S.C. 333). IX . FALSE STATE M E NTS CONC ERNING HIGHWAY PROJECTS In order to assure high quality and durable construction In conformity with approved plans and specifications and a r.igh degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible . Willful falsification , distortion, or misrepre- sen tat ion with respect to any facts related to the project is a violation or Federal la w . To prevent any misunderstanding regarding the seriousness of these and similar acts , the following notice shall be posted on each Federal-aid highway project (23 Exhibit I CFR 635) in one or more places where It Is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U .S.C . 1020 reads as follows : Whoever, being an officer, agent, or employee of the United States , orof any State or Territory, or whoever, whether a person, association, firm , or corporation , knowingly makes any false statement, false representation , or false report as to the characte r, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation ; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work parformad or to be parformad, or materials furnished or to ba fumishad, in connection with tha construction of any highway or ralatad project approved by tha Secretary of Transportation ; or Whoavar knowingly makes any false statement or false representation as to material fact in any statamant, cartificata, or report submitted pursuant to provisions of Iha Fadaral-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more that $10,000 or imp risoned no t more than 5 years or both.• X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100 ,000 or more .) By submission of this bid or the execution of this contract, or subcontract, as appropriate , the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows : 1. That any facility that is or will be utilized in the performance of th is contract , unless such contract is exempt under the Clean Air Act , as amended (42 U .S.C . 1857 fil~ .. as amended by Pub .L. 91 -604), and under the Federal Water Pollution Control Act , as amended (33 U .S.C. 1251 fil~ .. as amended by Pub .L. 92 -500), Executi ve Order 11738, an d regula ti o ns in implementati on th ere of (4 0 CFR 15) is not listed, on the date of contract awa rd , on the U .S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15 .20 . 2. That the firm agrees to comply and remain in compliance with all th e re qu ire me nts of Secti on 1 14 of the Clean Air Act and Secti on 308 or the Fe deral W ater Pollution Control Act and all re gu lations and guideli nes listed there und er. 3. That the firm shall promptly notify the SHA of the receipt of any comm unicati on from the Director, Office of Federal Activities, EPA , Indica tin g tha t a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Faci lities . 4 . That the firm agrees to Incl ude or cause to be included the requirements of paragraph 1 through 4 of this Section X In every nonexempt subcontract , and further agrees to take such action as the government may direct as a means of enforcing such requirements . Exhibit I -Page 7 of 9 REQUIRED BY 23 CFR 633 .102 XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification • Primary Covered Transactions: (Applicable to all Federal-aid contracts -49 CFR 29) a . By signing and submitting this proposal , the prospective primary participant is providing the certification set out below . b . The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction . The prospective participant shall submit an explanation of why it cannot provide the certification set out below . The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification In this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction . If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immedi- ate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary partici - pant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances . e. The terms "covered transaction ," "debarred," "s uspended ," "ineligible," "lower tier covered transaction," "participant," "person ," 'primary covered transaction," "principal," 'proposal," and "voluntarily excluded ," as used in this clause , have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which th is proposal is submitted for assistance in obtaining a copy of those re gulations . f. The prospective primary participant agrees by submitting th is proposal that, should the proposed covered transaction be entered into , it shall not knowingly enter into any lower tier covered transaction with a person who is debarre d, suspended, declared ine ligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction . g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by lhe department or agency entering into this covered transaction. w ithout modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions . h. A participant in a covered transaction may rely upon a ce rtifi cation of a prospective participant In a lower tier covered transaction that is not debarred, suspended , ineligible , or volun- taril y excluded from th e covered transaction , unless it knows that the cert ificallon is erroneous . A participant may decide the method and frequency by which It determines the eligibility of its pri nci pals . Each part ic ipant may, but is not required to , check the nonprocurement port ion of the "Lists of Parties Excluded From F d ral Pro curement or Nonprocu rement Programs' (Nonprocure- m nt Lis t ) which is co mpiled by the General Serv ices Adminis tr t1on . Exhibit I I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause . The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings . j . Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred , inel igible , or voluntarily excluded from participation in this transaction , in addition to other remedies available to the Federal Government, the department or agency may terminate th is transaction for cause or default. Certification Regarding Debarment, Suspension, lnellglblllty and Voluntary Exclusion-Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and Its principals : a . Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b . Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement 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 1 b of this certification ; and d . Have not within a 3-year period preceding th is application/proposal had one or more public transactions (Federal , State or local) terminated for cause or default. 2 . Where the prospective primary partici pant is unable to cert ify to any of the statements in this certification, such prospe ctive participant shall attach an explanation to this proposal. 2. Instructions for Certification • Lower Tier Covered Transactions : (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more -49 CFR 29) a . By signing and submitting th is proposal, the prospective lower tier is providing the certification set out below. b. The ce rtification in this clause Is a material representation of fact upon wh ich reliance was placed when th is transaction was entered in to . If it is later determined that the prospective lower lier participant knowingly rendered an erroneous certification , In addition to other remedies available to the Federal Government , the department, or agency with which this transaction originated may pursue available remedies , including suspens ion and /or debarment. Exhibit I -Page 8 of 9 REQUIRED BY 23 CFR 633 .102 ( c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted If at any time the prospective lower tier part icipant learns that Its certification was erroneous by reason of changed circumstances. d . The terms "covered transaction ," "debarred ," "suspended," "ineligible," "primary covered transaction ," "participant." "person ." "principal ," "proposal," and "voluntarily excluded." as used In this clause, have the meanings set out in the Definitions and Coverage sections of rules Implementing Executive Order 12549 . You may contact the person to wh ich this proposal Is submitted fo r assistance in obta ining a copy of those regulations . e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who Is debarred, suspended , declared Ineligible, or voluntarily excluded from participation in th is covered transaction , unless authorized by the department or agency with which this transaction originated . f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause tiUed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions . g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred , suspended , ineligible, or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous . A participant may decide the method and frequency by which it determ ines the el igibility of its principals . Each participant may , but is not required to , check the Nonprocurement List. h. Nothing conta ined in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of bus iness dealings . I. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended , debarred, ineligible , or voluntarily ex cluded from participation in this transacti on , in addition to other re med ie s availab le to the Federal Government , the department or agency with which th is transaction originated may pu rs ue available remedies , in cl uding suspe nsio n and/or de barment. Ce rti fic ati on Regarding Debarment, Suspens ion , lnell glblllty a nd Voluntary Excluslon --Lower Tier Covered Transactions : 1. The prospective lower tier participa nt certifie s, by submissio n of this proposal , that nei the r it nor its principals is prese ntl y debarred, suspended, proposed for debarment, declare d in el igib le , or vo luntarily excluded fro m participatio n in th is transa cti on by any Federal departme nt or agency . 2. Where the prospective lower tier participant is unable to ce rt ify to an y of the sta tements In this cert ification , such prospec- tive participant shall attach an explanation to this proposal . Exhibit I XII . CERTIFICATION REGARDING USE OF CONTRACT FUNDS OR LOBBYING (Appl icable to all Federal-aid construction contracts and to all related subcontracts which exceed $100 ,000 -49 CFR 20) 1. The prospective participant certifies , by signing and submit- ting this bid or proposal, to the best of his or her knowledge and belief, that: a . No Federal appropriated funds have been paid or will be paid , by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employ- ee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering Into of any cooperative agreement, and the extension, continua- tion , renewal, amendment, or modification of any Federal contract , grant, loan , or cooperative agreement. b . If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempt- Ing to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress , or an employee of a Member of Congress in connection with this Federal contract, grant , loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL , "Disclosure Form to Report Lobbying ," in accordance with its instructions . 2. This cert ification is a material representation of fac t upon which reliance was placed when this transaction was made or entered into . Submiss ion of this certification is a prerequisite for making or entering into th is transacti on imposed by 31 U.S.C. 1352. Any person who fails to file the requ ired certification shall be subject to a civil penalty of notless than $10,000 and not more than $100 ,000 for each such failure . 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be Included in all lower tier subcontracts , which exceed $100,000 and that all such recipients shall certify and disclose accordingly. Exhibit I -Page 9 of 9 REQUIRED BY 23 CFR 633 .102 - Exhibit J FEDERAL REQUIREMENTS Federal laws and regulations that may be applicable to the Work include: A . T he "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Common Rule), at 49 Code of Federal Regulations, Part 18 , except to the extent that other applicable federal requirements (including the provisions of 23 CFR Parts 172 or 633 or 635) are more specific than provisions of Part 18 and therefore supersede such Part 18 provisions. The requirements of 49 CFR 18 include, without limitation: 1. the Local Agency/Contractor shall follow applicable procurement procedures, as required by section 18 .36(d); 2. the Local Agency/Contractor shall request and obtain prior COOT approval of changes to any subcontracts in the manner, and to the extent required by, applicable provisions of section 18 .30; 3 . the Local Agency/Contractor shall comply with section 18 .37 concerning any subgrants ; 4 . to expedite any CDOT approval , the Local Agency/Contractor's attorney, or other authorized representative , shall also submit a Jetter to CDOT certifying Local Agency/Contractor compliance with section 18 .30 change order procedures, and with 18 .36(d) procurement procedures, and with 18.37 subgrant procedures, as applicable ; 5. the Local Agency/Contractor shall incorporate the specific contract provisions described in 18 .36(i) (which are also deemed incorporated herein) into any subcontract(s) for such services as terms and conditions of those subcontracts . • B. Executi ve 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 ofLabor regulations (41 CFR Chapter 60) (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees). C. Th e Cop eland "Anti -Kickback" Act (18 U .S .C. 874) as supplemented in Department of Labor regulati ons (2 9 CFR Part 3) (All con tracts and subgrants for construction or repair). D . The Davi s-Bacon Act (40 U .S .C. 276a to a-7) as supplemented by Department of Labor regulations (29 CFR P art 5) (Construction contracts in excess of $2 ,000 awarded by grantees and subgrantees when required by Federal grant program legislation. This act requires that all laborers and mechanics employed by contractors or sub-contractors to w ork on constru ction projects finan ced by federal assistance must be paid wages not Jess than those established for the locality of th e p roject by the Se cretary of Labor). E . Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U .S .C . 327-330) as supplem ente d by Departme nt of L abor re gulations (2 9 CF R Part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2,000, and in exce ss of $2,500 for oth er c ontracts which involve the employment of mechan ics or laborers). F . S tandard s, ord ers, or requirements issued under section 306 of the Clear Air Act (42 U .S .C . 1857(h), section 508 of the Cl ean Water Act (33 U .S.C. 1368). Executive Order 11738, and Environmental Protection Agency regulati o ns (40 C FR Part 15) (contracts , subcontracts, and subgrants of amounts in excess of$I00 ,000). G . Mandatory standards and po li cies re lating to energy efficien cy wh ic h are con tai n ed in th e state energy con servation plan is sued in compliance with th e Energy Policy and Conservation Act (P ub. L. 94-163). H . Office of Management and Budget Circulars A-87, A-21 or A-122 , and A-102 or A-1 JO , whichever is appl ic abl e. I. T h e Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728 . These statutes state that federal Ex hibit J -Pa ge 1 of 3 -.----, Exhibit J funds cannot be used for partisan political purposes of any k ind by any person or organization invol ved in the administration of federally-assisted programs. J . 4 2 USC 6101 et seq . 42 USC 2000d, 29 USC 794 , and implementing regulation, 45 C.F.R. Part 80 et. seq .. These acts require that no person shall , on the grounds of race , color, national ori gin , age , or handicap, be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or part, by federal funds ; K. The Americans with Disabilities Act (Public Law 101-336 ; 42 USC 12101 , 12102 , 12 111-1 2 117, 12131- 12134 , 12141-12150, 12161-12165, 12181-12189, 12 2 01-122 13 47 USC 225 and 47 USC 611. L. The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91- 646 , as amended and Public Law 100-17, 101 Stat. 246 -256). (If the contractor is acquiring real property and displacing households or businesses in the performance of this contract.) M. The Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq .). N. 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. 0. 23 C .F.R . Part 172, concerning "Administration of Engineering and Design Related Contracts". P . 23 C .F .R Part 633, concerning "Required Contract Provisions for Federal-A id Construction C ontracts ". Q. 23 C.F .R. Part 635 , concerning "Construction and Maintenance Pro visi o n s ". R . Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid H ighway Act of 19 7 3 . The requirements for which are shown in the Nondiscrimination Provisions, which are attached hereto and made a part h ereof. S . Nondiscrimination Provisions: In co mpliance with Title VI of the Civil Rights Act of 1964 and w ith Section 16 2(a) of the Federal Aid Hi ghway Act of 1973, th e C ontractor, for itself, its as signees and successors in interest, agree as follow s: 1. C omplian ce wi th R egulations . The Contractor will c omply with th e Reg ula tions o f th e De p artment o f Transportation re l ative to nondiscrimi n atio n in Federally assisted programs of th e Department ofTransportation (Title 49 , Code of Federal Regulations , Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract. 2 . Nondiscrimination. The Contrac tor , with regard to th e work p erformed by it after award and prior to co mpl eti on of the contract work , w ill n o t d iscri m in a te on th e gro und ofrace, co lor, sex, m ental or physica l h and icap or national o rigi n in th e se lection and retention of S u bcontractors, in c lud in g procure ment o f materials and leases of equ ipm ent. T he Contractor wi ll not participate either direct ly or indirectl y in the discrimin at ion prohibited by Section 2 1.5 of the Reg ul ati on s, in c luding employment practices when the contract covers a program se t fo rt h in Appendix of the Reg ul ati o ns. 3 . Solicitations for Subcontracts, Including Procurement of Materials and Equipment. ln all soli ci tati o ns Exhibit J -Page 2 of 3 I ) - Exhibit J 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 contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or physical handicap or national origin. 4. 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 FHW A to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHW A as appropriate and shall set forth what efforts have been made to obtain the information. 5. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the State shall impose such contract sanctions 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. 6. Incorporation of Provisions . The Contractor will include the provisions of paragraphs A through Fin every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto . The Contractor will take such action with respect to any subcontract or procurement as the State or the FHW A may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction , the Contractor may request the State to enter into such litigation to protect the interest of the State and in addition, the Contractor may request the FHWA to enter into such litigation to protect the interests of the United States. Exhibit J -Page 3 of 3 COUNCIL COMMUNICATION Date: Agenda Item: Subject: June 5, 2006 11 C i Right-of-Wa y Dedication, West Flo y d Av enue at South Cherokee Street Initiated By: Staff Source: Department of Public Works Rick Kahm, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In 1997, City Council authorized the creation of the Englewood Environmental Foundation , In (EEFI) as a nonprofit development corporation to further the redevelopment of the Cind ere ll a C it site. RECOMMENDED ACTION Staff recommends Council approval of a Resolution supporting the right-of-w ay dedicati o n from th EEFI. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In the mid 1960's, as Cinderella City was being constructed, the dev eloper reali gn d W e t Fl o d A v enue to its present location. The new Flo y d Av enue right-of-way w as dedi cat ed to th p ubl i -, and w as properl y recorded in Arapahoe County records. Ownership o f th e o ld Fl d Ave 11u alignment, between Cherokee and Delaware, transferred to the de v elop er (see att a h d ae r i~1 I photo exhibit). The legal description for the Flo y d A v enue dedication did n o t in lud t n di tl ~ South Cherokee Street to Flo y d and did not address access to the south end f th all h t\v 11 Ch erok ee and Delaw ar e. In th e lat e 199 0 's, t o fac ilitate CityC enter dev el o pment, EEFI obtain ed titl pro p erti es fo rm all y owned by th e Equitabl e Li fe In surance C ompany and Kra o In this t ransfer was the t riangu lar shape d pa rce l of o ld Floy d Avenue. Arapah ount r • ·ord lit.I EEFI as the owner. Staff conferred with a tit le company w ho confirmed that [Fl i th It appears that the inten t was always t o ded ica te the C hero kee St ree t e t n i n "nd alle a City improvements were cons t ruc t ed on th e p roperty, includin g str ee t pa ing and a traffi igna l at t h e in t ersec t io n. Ph ysica l access has co ntinu o usly ex ist ed sin ce th e m id 1 6 's . EEFI proposes to dedica t e Rig ht-of-Way for C h ero kee Str ee t, th e all ey a , and id , lk I ng Floyd Avenue. The p roposed de d ica tion is sh ow n on th e att ached Land Surv Plat a "Par I A " and d epicted on the att ached co lor aeria l pho t o. FINANCIAL IMPACT There are no finan ial impacts related to this transaction . .... LIST OF ATIACHMENTS Aerial photo of EEFI property Land Survey Plat Legal Description Color Aerial Photo Resolution RESOLUTION NO. SERIES OF 2006 A RESOLUTION SUPPORTING THE RIGHT-OF-WAY DEDICATION OF WEST FLOYD A VENUE AT SOUTH CHEROKEE STREET, THE ALLEY ACCESS AND SIDEWALK ALONG FLOYD AVENUE BY THE ENGLEWOOD ENVIRONMENTAL FOUNDATION , INC. TO THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , in 1997 the City Council of the City of Englewood , Colorado authorized the creation of the Englewood Environmental Foundation , Inc. (EEFI), as a nonprofit development corporation to further the redevelopment of the Cinderella City site ; and WHEREAS , in the I 960 's, as Cinderella City was being constructed , the developer aligned West Floyd Avenue to it's present location ; and WHEREAS , the new Floyd Avenue right-of-way was dedicated to the public and properly recorded in Arapahoe County records ; and WHEREAS, the ownership of the old Floyd Avenue alignment between Cherokee and Delaware , transferred to the developer ; and WHEREAS , in the I 960's the legal description for the Floyd Avenue dedication did not include extending South Cherokee Street to Floyd Avenue and did not address acce ss to the south end of the alle y between Cherokee and Delaware ; and WHEREAS , in the I 990 's, to facilitate CityCenter development , EEFI obtained title to all the Cinderella City properties formall y owned by the Equitable Life Insurance Company and Kravco Inc.; and WHER EAS , included in the I 990 's transfer to EEFI was the triangular shaped parcel of old Floyd A venue ; and WHER EAS , it appears that the int ent was always to dedicate the Cherokee Street extension and all ey ac cess; and WHEREAS, th e C ity impro ve ment s we re co nstru cted on the property includin g street pa v in g and a t ramc signa l a th e int ersec ti on wi th co ntinu a l ph ys ica l access s in ce th e mid I 96 0 's; and WHEREAS. EEF I pro poses to dedi cate rig ht-of-w ay fo r Chero kee Stree t, th e all ey access and s id ewa lk a long Floy d Ave nu e; NO W. n IE REFO RE, BE IT RESOLV ED BY TH E CITY C O UNCIL OF TH E C ITY OF EN ,LEWOO D. LO RADO. T HAT: Sec t io n I. f hc it y Co un c il o f th e City of Eng lewo od , Co lorad o, hereb y support s th e ri ght - of-\\ a) dedica t io n of We t Floy d Ave nu e at So uth C herokee Str ee t, th e a ll ey access and s id ewa lk a long Flo)d A,cnu c h th e Englewood Enviro nm e nt a l Fo und ati on, In c. to th e C ity o f Eng lc \\ood. 'o lora do. de c rih cd a '·P a rce l A' on att ac hed "Exhibit A. Section 2. This resolution of support in no way waives or delegates the City 's regulatory powers , duties and responsibilities with respect to zoning and governmental issues . ADOPTED AND APPROVED this 5111 day of June, 2006. ATTEST: Olga Wolosyn , Mayor Loucrishia A . Ellis , City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2006. Loucrishia A. Ellis, City Clerk · .. L .. ]·-··-.. -··-· -·· I _____ J_ .. __ ·--··-··----~: ... A. '·-··-··-··-··-··-·· { J l -... ._ ••J..,_______J"-..,:"•~= r I I 1 UIIIJ.8 ll:>ONNY8 HJ.nos I I r-·· .. 1 . ...,, . .., .. ...,., . ...,. . . ..,. . ..,, . .., .. ...,,., .. ..,,.l .. ...,, . ., .. ...,, ... T.,,.-, . ..,. ""T ..,.,, . ··-!-·-··-··---·-·-··-, : I I I.-.:) : I I ! I I I I i I ! I I I-.:., I 'I. I i I I ! • ~ r I I I -I I I i I I ! I !", ,., I I '.•I a J •~ 1. J,,i 1 , ~·J I !I.., ' ' ' l I I I ' ! I I • 0 1 I I I I ,.J I I I I i i I ~. I I ~ I I I \.u I I I I ' I ' ' I :.j I I 11· I I I \J"I I I I i i ! ! ! • I I : I I I I I I I -i.. I I i ! I i ! ! I A ' : , , ;,;. '1 , ,l ' ~· J, i' , ' ' L ....... -·-.. ---~---·-··-... 1 ... ~ ·, sl ! :-·-·· , -, 1 .,, -, ·-:: :··.:.::;·:1 ·-~-··-·-··---··-.'.:_-.::.-.=-:-~ -·· 1, ··,.. 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OF SECTION 34, TOWNSHIP 4 SOUTH , RANGE 68 WEST OF THE 6TH P .M ., COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS ; COMMENCING AT THE SOUTHWEST CORNER OF ABBOTT'S SUBDIVISION SECOND FILING ; THENCE SOUTHERLY ALONG THE EAST LINE OF SOUTH CHEROKEE STREET EXTENDED SOUTH A DISTANCE OF 80 .00 FEET TO A POINT OF CURVATURE ; THENCE ALONG A CURVE TO THE LEFT, WITH A CENTRAL ANGLE OF 90 °00'00", A RADIUS OF 50.00 FEET AND AN ARC DISTANCE OF 78 .54 FEET MORE OR LESS TO A POINT ON THE NORTH LINE OF WEST FLOYD AVENUE AS DESCRIBED IN BOOK 1807 AT PAGE 683 ; THENCE WESTERLY ALONG SAID NORTH LINE OF WEST FLOYD AVENUE THE FOLLOWING THREE COURSES, SOUTH 89 °56 '51" WEST, A DISTANCE OF 45 .40 FEET; THENCE NORTH 75 °15 '49" WEST A DISTANCE OF 108 .23 FEET; NORTH 69°31 '09" WEST A DISTANCE OF 239.47 FEET TO A POINT 18 .1 FEET SOUTH OF THE EXTENDED WEST LINE OF LOT 13, BLOCK 1, PARK ADDITION TO THE CITY OF ENGLEWOOD; THENCE NORTHERLY ALONG THE EXTENDED WEST LINE OF SAID LOT 13 A DISTANCE OF 8.48 FEET; THENCE SOUTH 69 °31 '09" EAST AND 7 .95 FEET PARALLEL TO THE NORTH LINE OF WEST FLOYD A VENUE AS DESCRIBED IN BOOK 1807 AT PAGE 683 A DISTANCE OF 226.68 FEET TO A POINT ON A NON-TANGENT CURVE TO THE LEFT; THENCE ALONG SAID CURVE TO THE LEFT, WITH A CENTRAL ANGLE OF 103 °36'33", AND A RADIUS OF 43 .00 FEET, AN ARC DISTANCE OF 77.76 FEET, WHOSE CHORD BEARING IS NORTH 59°42'32" EAST AND WHOSE CHORD DISTANCE IS 67 .59 FEET; THENCE NORTH 02 °35 '03 " WEST A DISTANCE OF 13 .78 FEET; THENCE NORTH 14 °17'40" WEST A DISTANCE OF 12 .02 FEET; THENCE SOUTH 89 °52'34" WEST AND PARALLEL WITH THE SOUTH LINE OF PARK ADDITION TO THE CITY OF ENGLEWOOD A DISTANCE OF 165 .66 FEET; THENCE NORTH 00°22 '30" EAST A DISTANCE OF 30 .00 FEET TO A POINT ON THE SOUTH LINE OF PARK ADDITION TO THE CITY OF ENGLEWOOD ; THENCE EASTERLY AND ALONG THE SOUTH LINE OF SAID PARK ADDITION TO THE CITY OF ENGLEWOOD AND THE EXTENSION THEREOF NORTH 89 °52 '34" EAST A DISTANCE OF 222 .95 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. COUNTY OF ARAPAHOE, STATE OF COLORADO . THIS DESCRIPTION PREPARED BY RONALD W. FLANAGAN , PLS 26958 NOVEMBER 18 , 2004 COUNCIL COMMUNICATION Date: Agenda Item: Subject: June 5, 2006 11 C ii Support for EEFI granting Rodger Gilson a License to use property near Delaw are and Flo y d. Initiated By: Staff Source: Englewood En v ironmental Foundation , Inc. (EEFI ) Rick Kahm, EEFI President COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In 1997, City Council authorized the creation of the Englewood Environmental Foundation , Inc. (EEFI) as a nonprofit development corporation to further the redevelopment of the Cinderella City site. RECOMMENDED ACTION Staff recommends that City Council adopt a Resolution supporting the EEFI grant of a License to Rodger Gilson. This proposed License will allow Mr. Gilson to use EEFI ow ned property adjacent to 3 2 90 South Delaware Street. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 2004, Mr. Gilson approached the City requesting to install a fence and make use of the area between his property line and the West Floyd Av enue sidewalk. Initially, City staff expected to process an encroachment agreement allowing the fence within Public Right-of-Wa y. Howev er, title w ork determined that o w nership of this area is in the name of the EEFI. EEFI proposes granting a License to Mr. Gilson , allow ing use of the w est 101 .6 ' of Parcel B, as sho w n on the atta c hed Land Surve y Plat. The siz e, shape , and location of this area do not appear to b e suitable for an y c ommerc ial or public use at this tim e. Presentl y, the ar ea is a sea of asphalt, and staff b eliev es th at th e ow ner's proposal w ill improve th e neig hborhood. The proposed License Area is shown on t he attached color aeria l photo. FINANCIAL IMPACT The re are n o fina ncia l impac ts re lat e d t o th is transac t ion. LIST OF ATTACHMENTS Land Survey Plat Color Aerial Photo Resolu t ion NO. SERI ES OF 2006 A RESOLUTION SUPPORTING THE ENGLEWOOD ENVIRONMENT AL FOUNDATION, INC. (EEF) GRANTING RODGER GILSON A LICENSE TO USE PROPERTY ADJACENT TO 3290 SOUTH DELA WARE STREET, ENGLEWOOD, COLORADO. WHEREAS, in 1997 the City Council of the City of Englewood, Colorado authorized the creation of the Englewood Environmental Foundation, Inc. (EEFI), as a nonprofit development corporation to further the redevelopment of the Cinderella City site ; and WHEREAS, in 2004, Rodger Gilson requested approval to install a fence and make use of the area between his property line and the West Floyd Avenue sidewalk; and WHEREAS, the Englewood Environmental Foundation Inc. is the owner of this parcel ; and WHEREAS, EEF proposes granting a License to Roger Gilson , allowing his use of the west 101.6 ' of Parcel B, an area between his property line and the West Floy d Avenue sidewalk ; and WHEREAS, the size, shape and location of this area does not appear to be suitable for any commercial or public use at this time and is currently a sea of asphalt; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. The City Council of the City of Englewood , Colorado, hereby supports the Englewood Environmental Foundation , Inc . granting Rodger Gilson a License to use the EEF property adjacent to 3290 South Delaware Street, Englewood, Colorado, attached hereto as "Exhibit A . Section 2 . This resolution of support in no way waives or delegates the City 's regulatory powers, duties and re s pon s ibilities with re s pect to zonin g and g overnmental issue s. ADOPTED AND APPROVED this 51 " d ay of June, 2006. ATTEST: O lga Wo losy n, Mayo r Loucri hia A . Ell is , Ci t C lerk I, Loucrishia A . Ellis , City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No. __ , Series of 2006. Loucrishia A. Ellis , City Clerk t; .. ~ "" ~ • j "" Q ~ c:, ..,._,.., I l I I ,--------·--..,·--.... ·--,~·--""'·· 1'91119"4·- ,r ------1 -, --~ ------------n------1-----·----·--;.·~U-•• ---·-·-·--\·-·-·-·--,--·-·-·-·-·-·-T-·- i i -· ~ I .., i• ·• · i i -· ~ .. 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"411 ___ .. , "'--· ""· JOD_ ------------- 'b ~-•-r><• SC A LE I ,nch = 50 feet MA P D A TE May 22. 20 06 PHOTO D ATE 2002 COUNCIL COMMUNICATION Date: Agenda Item: Subject: June 5, 2006 11 ciii Motion to approve a cooperative agreement with Englewood Unleashed Initiated By: Staff Source: Parks and Recreation Department Jerrell Black, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council has authorized capital funding in the 2005 and 2006 for the construction of an off-leash dog park facility. A private, non-profit organization, Englewood Unleashed, has offered to assist the City with maintenance and improvements related to the operation of the off-leash facility . In January of 2006, City Council requested staff to prepare an agreement with Englewood Unleashed to establish roles and responsibilities of each of the parties. RECOMMENDED ACTION Staff recommends Council approval, by Motion, of the agreement with Englewood Unleashed. BACKGROUND Englewood's Parks and Recreation Department offers some of the finest recreational opportunities in the region. In 2005, Open Space Funding was approved by the Englewood City Council to establish a dedicated off-leash dog park in Belleview Park . Construction of the dog park began in 2005 and will be completed in 2006. Englewood Unleashed is dedicated to public education for off-leash dog recreation, site selection, park maintenance and fund raising for the Englewood, Colorado off-leash community. Englewood Unleashed has offered to assist the City's Parks and Recreation Department with the maintenance of the dog park and to raise funds to provide for future improvements and services for the dog park users. Sale of engraved paving bricks to create a walkway that will serve the dog park is included in the fund raising efforts of Englewood Unleashed and is provided for in the cooperative agreement. FINANCIAL IMPACT There is no direct financial impact; however Englewood Unleashed has com mitted to contributing in-kind services and to conduct fund raising effor ts in order to pay for future improvements and other services for the dog park. UST OF ATTACHMENTS Agreement AGREEMENT Thi s Agreement is made and entered into th is __ day of 2 0_, between ENGLEWOOD UNLEASHED, a Colorado non-profit organization and the CITY OF ENGLEWOOD, COLORADO, a home rule municipality, hereinafter City . WHEREAS , the City is constructing and will manage and maintain a formal , fenced off leash area for dogs at Belleview Park , 4 84 8 South Windermere Street, hereinafter "dog park"; and WHEREAS , Englewood Unleashed is a private, non-profit organization "dedicated to public education for off-leash dog recreation, site selection , park maintenance and fund raising for the Englewood , Colorado off-leash community"; and In furtherance of Englewood Unleashed wishes to raise funds to provide improvements, equipment and services for the dog park , the parties agree as follows : 1. Englewood Unleashed will raise funds for the construction and the installation of a brick-paver walkway at the entrance to the dog park . The City will accept these funds and completed walkway subject to the following : a. The City will review and approve a specific plan for the location , size and design of the walkway . b. Englewood Unleashed will provide for the initial installation of the complete walkway and permanent on-going repair and maintenance of the walkway subject to final approval of construction by the City . c. The City may remove the walkway upon change of the use of the site by the City. If the City finds immediate hazard to the public health and safety due to the loss or deterioration of paving bricks , then immediate measures may be taken by the City to repair or remove the walkway . However, the City shall not be responsible for the replacement of an y engraved paving bricks that are lo st or deteriorated . d . Eng lewo o d Unl e ash ed w ill p rov id e informat ion in the ir d o nor agreement ex pl ai nin g t hat t he wa lkway may not be a permanent insta ll ation an d t hat the City is not respo nsib le for the mai ntenance of the wa lkway . e . Eng lewo o d Unl ea shed may cau se bri c k-pa vers t o be in scribe d with th e nam e o r message o f perso na l donors and the name and /or logo of corpo rate don o rs. Ho wever, t he City rese rves the r ig ht to review a nd acce pt o r reject a ny s uc h inscri pti o ns. The C ity ex press ly p ro h ib its di s pl ay of co rp o rate d o no rs in scripti o ns rel a ted t o to bacco, al coho l or sexuall y orienta ted pro du cts o r serv ices. 2 . The goa l of Englewood U nl eas he d is to raise fund s to provi d e o th er as yet unspecified improveme nts a nd equipment for the d og park . -1- 3 . The Englewood Unleashed funds will be deposited in a Ci ty "Donor Fund ," which will be solely dedicated to the dog park and will not be commingled with other City funds . Any dog park improvements and equipment will be purchased by the City as agreed to by Englewood Unleashed and in accordance with its general purchasing policies and will be subject to the materials and design standards established by the City 's Parks and Recreation Department 4 . The City re s erves the right to re v iew and accept or reject any proposed donation of actual improvements or equipment, including any in-kind donations , for the dog park . 5. Once accepted by the City, improvements and equipment, other than the brick-paver walkway , will become the property and responsibility of the City. The City may remove or replace donated improvements and equipment as the City deems necessary . 6 . Englewood Unleashed has proposed to provide for donation of certain services for the benefit of the dog park, including, but not limited to, assisting the City with regular removal of litter and dog waste, educational and informational services , and other services related to the operation of the dog park . 7 . Any s ignage or notices must be approved by and coordinated with the Parks and Recreation Administration Office and shall be consistent with City sign re g ulations . 8 . The City may accept the donated services described in Paragraph No . 6 , subject to the following conditions: a . Englewood Unleashed may provide for removal of litter and dog wastes without prior approval. b . Proposed services or funding to provide services are subject to the City's right to revi e w and approve or reject an y s uch services . No s uch services may be made without pr ior C ity approv al. c . The City may require insurance and other surety for donated services and improvements by En g lewood Unleashed , which the City may from time to time ap prove. d . In a pprovi ng d o natio n o f services by Eng lewood Un leashe d , t h e City d oes not g ra nt a ny a ut horizat io n to Eng lewood Un leash e d fo r deve lo pm e nt or e n force men t of a ny City po l icies or Parks a nd Recreati o n ru les a nd reg ul ati o n s . -2 - 9. Englewood Unleashed understands that in no event should park users deposit dog waste or other litter from the dog park in Dry Creek, which is a part of the City's fresh water system . Englewood Unleashed will advise the dog park users that it is not acceptable to deposit dog waste in Dry Creek at any time. All waste and litter from the dog park is to be placed in the designated waste receptacles. 10 . Any notice to be given hereunder shall be deemed given when received by registered, certified, or notice of delivery, mail to the addresses below: Notification shall be sent to: City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 Englewood Unleashed PO Box 582 Englewood, CO 80151 In WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written . CITY OF ENGLEWOOD ENGLEWOOD UNLEASHED By:-----------By:~~~·~~~~ Gary Sears , City Manager Alice Hanna, President -3- 1 . Call to order ___ p.m . 2 . Invocation ______ _ 3. Pledge of Allegiance ____ _ 4. Roll call and +-present 5 . 5//J. CC 1/~/t'fminutes Members: Tomasso . ~ Moore L/ ~ Barrentine / Oakley V Mccaslin v ~ Woodward v Mayor Wolosyn ____ absent -~------moved COUNCIL • M ting working not ity~~Jt9il Meeting 1Sf&~ ' 1• 1 . 2. 3 . 4 . AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL Monday, June 5, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Park way Englewood, CO 80110 Call to order. {): 3 </ ~ Invocation. ~ Pledge of Allegiance. Roll Call. (j})_? ~ 5. Consideration of Minutes of Pr evious Session. ~ Minutesf~~:.:?~:t~~J Ma ylS 2006 / -d~~ 6. Recognition of Scheduled Publi c Comment. (Please limit yo ur presentation to ten minutes.) /ll /i J;.$ 7. Recogni ti o n of Unscheduled Publi c Comment. (Pl ease limit yo ur presentation to five minutes. Time for unscheduled public comment may be limited to 45 minutes and if limited shall be continued to General Discussion .) 8 . Communi cations, Proclamations, and Appointments. ~ f>...Jl,. d1"a 41 A memorandum from Dooley Gehr, Chair of the Code Enforcement Advisory W~ .....-V Committee, recommending removal of an alterna t e member. ~ An e-mail from Cornelia Humphrey s En glewo od Beautifu l Commission . 7 /() Ple,1~(' no te: If o u h, \>e a d i ab ility and n ( lO -76 .. -2407 ) at lt>a I 48 hour Englewood City Council genda June 5, 2006 Page 2 a,dz2Agenda l~:-5 a. Approval of Ordinances on First Reading. i. Council Bill No. 20 -Recommendation from the Department of Safety Services to adopt a Bill for an Ordinance authorizing the acceptance of a Victim Assistance Law Enforcement Grant for 2006. STAFF SOURCE: Chris Olson, Director of Safety Services. ii. Council Bill No. 21 -Recommendation from the Department of Public Works to aclopt a Bill for an Ordinance authorizing an Intergovernmental Agreement regarding property acquisition and construction of a maintenance trail , Big Dry Creek, between the City of Englewood and the Urban Drainage and the Flood Control District. STAFF SOURCE: Rick Kahm, Director of Public Works. iii. Council Bill No. 2' -Recommendation from the Department of Public Works to ~opt a Bill for an Ordinance authorizing an Intergovernmental Agreement regarding design and construction of maintenance improvements to West Harvard Gulch between the City of Englewood and the Urban Drainage and the Flood Control District. STAFF SOURCE: Rick Kahm, Director of Public Works. b. Approva l of Ordinances on Second Reading. {J) !II-_( s ii. fM/1-~i Council Bill No. 15, authorizing the execu ti on of an Intergovernmental Agreement wi th Arapahoe Community College/Area Career and Technical School for the 2006/2007 school year to build one single-family residence at 2360 South Zuni . Street in Englewood. Council Bill No. 1 7, amending Sections of the Englewood Municipal Code 2000 pertaining to costs and penalties in Municipal Court. Council Bill No. 18, amending Section 7-6 B-11 of the Englewood Municipal Code 2000 pertaining to Police and Fire Alarm System Reports . • I Englewood City Council Agenda June 5, 2006 Page 3 11 . Ordinances, Resolutions and Motions. atq ~prov al of Ordinances on First Reading. ',!,.-£{ i. Council Bill No. 23; Recommendation from the Department of Public Works to t::> / aclopt a Bill for an Ordinance authorizing an Intergovernmental Agreement between the Colorado Department of Transportation and the City of Engle w ood 7~ that pertains to financial commitments related to the design and construction of "South Broadway Streetscape-Tufts to Bellev iew" project. STAFF SOURCE: Rick Kahm, Director of Public Works. ~ b . Approval of Ordinances on Second Reading. ~ c. Resolutions and Motions. i. Recommendation from the Department of Public Works to adopt a Resolution n. -If_ {]) N~ ~porting the Englewood Environmental Foundation 's dedication of a right-of-way ~ ---c.rpa,-)Y::/{:)Flo yd A v enue. STAFF SOURCE: Rick Kahm, Dire~ ii. Recommendation from the Department of Public Works to adopt a Resolution /) •. ,. JI. d supporting the Englewood En vi ronmental Foundation 's grant of a license to t:.)IIJ(l1ff:'::::3.f,..._._ Rodger Gilson for use of property adjacent to 3 290~uth Delawa re Street. STAFF ~~ SOURCE: Rick Kahm, Director of Public Works.c::7~ iii. Reco mmendation from the D epartment of Parks and Recreation to approve, by n /1 _Mgtiao 9 cooperative agreement w ith Englewood Unleashed that clarifies roles ·rv and responsibilities of each o the parties. STAFF SOURCE: Jerrell Black, Director of Parks and Recreation. 1 2. Gen eral Discussion . a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. - Englewood City Council Agenda June 5 , 2006 Page 4 The following minutes were transmitted to City Council during the month of May 2006. • Cultural Arts Commission Meeting of April 5, 2006. • Non-Emergency Employees Retirement Board meetings of November 8, 2005 , and February 14 and March 29, 2006. • Parks and Recreation Commission Meeting of April 13, 2006 . • Englewood Public Library meeting of April 11, 2006. • Transportation Advisory Committee meeting of April 13 , 2006. Pll',l e note : If you h,we .i di c1bilit c1nd n (303 -762-2 40 7) at lec1 t 48 h ur :?33--ML ct) ~//lt!td aut; ?SJll--@) ~ ~ :}/JI~ -Af6/~ 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session June 5, 2006 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:30 p.m. 2. Invocation The invocation was given by Council Member Barrentine. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4. Roll Call Present: Council Members Tomasso, Moore , Barrentine , Oakley, Mccaslin , Woodward, Wolosyn Absent: None A quorum was present. Also present: v City Manager Sears / City Attorney Brotzman / Deputy City Manager Flaherty V City Clerk Ellis v / Deputy City Clerk Bush Cir&Gter 01&9R, Saf&ty S&rviG9S Bilectu, (!nyglc .. ior, FiA8Aee ~ .A.dmi"ist,sti.e 801 uices=v- Director Kahm, Public Works ,/ / Senior Planner Langon , Community Development ... Ho'l&iRS ~iRaRG9 Sp&Gialist GriR'IR'leH, Cornn ,unity Development A41.1Risi13al C91,1rt AEIFAiAistrstor Wolfe / Director Black, Parks and Recreation v Peliee Cgr:i:11i:1ar:id9r Sar:iGl:liil , Safety Serviees Fire Div ision Operations Chief Pattarozzi, Safety Services 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBEAI ~. AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL ~T;~v~~ MAY 15, 2006. . , _ j --, 0 ~~s as QA11eN,.RO , - Mayor Wolosyn_ as~~d if there were 1~y . There were __ . Cl-pf"VJ ~ooclu9{µ'v\ -P<j 3 YuO~m tv\a es. Vote results : Motion carried . Ayes : Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None 6 . Recognition of Scheduled Public Comment Englewood City Council June 5, 2006 Page2 (a) Englewood citizen Janice Gerten will be present to discuss art in Englewood. NO sh.o rf 7. Recognition of Unscheduled Public Comment There were no unscheduled visitors . u.1 8 . Communications, Proclamations and Appointments (a) A memorandum from Dooley Gehr, Chair of the Code Enforcement Advisory Committee, recommending removal of an alternate member was considered. COUNCIL MEMBER ~B,~ND IT WAS SECONDED, TO RECOMMEND THE REMOVAL OF AN ALTERNATE MEMBER OF THE CODE ENFORCEMENT ADVISORY COMMITTEE. r'}.:..Q a.pp> Vd Mayor Wolosyn asked if there were any comments. There were none. Vote results: Motion carried. Ayes: Council Members Barrentine, Mccaslin , Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None (b) An e-mail from Cornelia Humphreys announcing her resignation from the Keep Englewood Beautiful Commission was consider d. { +; COUNCIL MEMBERWcu:l VED, A~D ~ SECONDED , TO ACCEPT THE RESIGNATION OF CORNELIA HUMPHREYS FROM THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION. 1-0 ~ ~ Mayor Wolosyn asked if there were any comments . There were none . Vote results: Motion carried. Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn, Woodward, Tomasso, Oakley Nays: None 3?J 9 . Consent Agenda V'J'{l,(V 7-0 a,ppr'V d, \ COUNCIL MEMBERV'l~ MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I), (ii), (Iii), and 9 (b) (I), (ii), (Ill). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 20, INTRODUCED BY COUNCIL MEMBER __ A BILL FOR AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT . (ii) COUNCIL BILL NO . 21 , INTRODUCED BY COUNCIL MEMBER _ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED AGREEMENT REGARDING PROPERTY ACQUISITION AND CONSTRUCTION OF A MAINTENANCE TRAIL , BIG DRY CREEK, CITY OF ENGLEWOOD, BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE URBAN DRAINAGE AND THE FLOOD CONTROL DISTRICT. (iii) COUNCIL BILL NO . 22, INTRODUCED BY COUNCIL MEMBER _ Englewood City Council June 5 , 2006 Page3 A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED AGREEMENT REGARDING DESIGN AND CONSTRUCTION OF MAINTENANCE IMPROVEMENTS TO WEST HARVARD GULCH , CITY OF ENGLEWOOD, BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE URBAN DRAINAGE AND THE FLOOD CONTROL DISTRICT. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO._, SERIES OF 2006 (COUNCIL BILL NO . 15 , INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE APPROVING AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COMMUNITY COLLEGE/AREA CAREER AND TECHNICAL SCHOOL AND THE CITY OF ENGLEWOOD PERTAINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT 2360 SOUTH ZUNI STREET, ENGLEWOOD , COLORADO . (ii) ORDINANCE NO._, SERIES OF 2006 (COUNCIL BILL NO . 17 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE APPROVING AMENDING TITLE 1, CHAPTERS 4 AND 7, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO COSTS AND PENALTIES IN MUNICIPAL COURT . (iii ) ORDINANCE NO. _, SERIES OF 2006 (COUNCIL BILL NO . 18 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE APPROVING AMENDING TITLE 7, CHAPTER 6B , SECTION 11 , OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO POLICE AND FIRE ALARM SYSTEM REPORTS. Vote results: Mot ion carr ied . Ayes : Counc il Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None (c) Resolut ions and Moti ons There were no additional res olu ti on s or motions . (Se e Agenda Item 11 .) 10 . Publi c Hearing Items (a) Mayor Wolosyn sa id this is a Publ ic Hearing to gather input on Council Bill No . 16 , pertain ing to the number of animals maintained at a household or premises . COUNCIL MEMBER ~~OVED , AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO . 16, PERTAINING TO THE NUMBER OF ANIMALS MAINTAINED AT A HOUSEHOLD OR PREMISES. /')-0 ~V d Vote results : Ayes : Council Members Barrentine , Mccaslin , Moore , W olosyn, Woodward, Tomasso , Oakley Nays : None Mot ion carried and the public hearing opened . All w itnesses were duly sworn . ____ said Englewood City Council June 5, 2006 '2. i'\...-.n 1<o+h Page4 ~l "J VJ z..~30 s 5 hUmCU'l s+ -ft,Mi/} Ca/..L Brit ~.Jce ~~WI¥ 5 i..t5 'f~is ~ril if'-\'db S 2--~ St 1<;;,sue. w/o~ntrJ no-t-cioB S Mayor Wolosyn asked if there was an,vone else who wanted to speak during the Public Hearing . i:betA @as Db ~ }}; § S~\c.L ~nke.,, Mayor Wolosyn asked if Council ha any more questions for either staff or the applicant. There were none . COUNCIL MEMBER MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO /\C\1. GATHER INPUT ON COUNCIL BILL NO. 16, PERTAINING TO THE NUMBER OF ANIMAL~ Mfl~J!~D • ~ AT A HOUSEHOLD OR PREMISES. '7-0 ~r vu. \ Vote results: Ayes: Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward , Tomasso, Oakley Nays: None Motion carried and the public hearing closed. (b) Mayor Wolosyn said this is a Public Hearing to gather input on Council Bill No . 19 , pertaining to the South Pennsylvania Street Senior Housing Planned Unit Development (PUD) located at South Pennsylvania Street and Highway. 285 in the City of Englewood. COUNCIL MEMBEJ2vlAN./JJr.~D, AND IT WAS SECONDED , TO OPEN THE PUBLIC HEARING TO PUBLIC HEARING t~H~~ INPUT ON COUNCIL BILL NO. 19, PERTAINING TO THE SOUTH PENNSYLVANIA STREET SENIOR HOUSING PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT SOUTH PENNSYLVANIA STREET AND HIGHWAY 285 IN THE CITY OF ENGLEWOOD. Vote results: Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None Motion carried and the public hearing opened . Mayo r Wolosyn asked if there was anyone else who wanted to speak during the Public Hearing . There was no one . Mayor Wolosyn asked if Council had any more questions for either staff or the applicant. There were none . \ COUNCIL MEMBER MOVED, AND IT WAS SECONDED , TO CLOSE THE PUBLIC HEARING TO PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL N0.19, PERTAINING TO THE SOUTH PENNSYLVANIA STREET SENIOR HOUSING PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT SOUTH PENNSYLVANIA STREET AND HIGHWAY 285 IN THE CITY OF ENGLEWOOD . Vote reaulta : Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Englewood City Council June 5, 2006 Pages Nays: None Motion carried and the public hearing closed . 11. Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Director Kahm presented a recommendation from the Department of Public Works to adopt a bill for an ordinance authorizing an Intergovernmental Agreement between the Colorado Department of Transportation and the City of Englewood that pertains to financial commitments related to the design and construction of "South Broadway Streetscape-Tufts to Belleview" project. (\ ~I\ COUNCIL MEMBER 1"0~AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) - \ V\, COUNCIL BILL NO. 23. COUNCIL BILL NO. 23, INTRODUCED BY COUNCIL MEMBER =tDV'l\£Ll; 'z:> 1) A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL CONTRACT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND THE CITY OF ENGLEWOOD, COLORADO THAT PERTAINS TO FINANCIAL COMMITMENTS RELATED TO THE DESIGN AND CONSTRUCTION OF "SOUTH BROADWAY STREETSCAPE-TUFTS TO BELLEVIEW" PROJECT STE M395- 011, IN THE CITY OF ENGLEWOOD . Vote results: Motion carried . Ayes: Council Members Barrentine , Mccaslin, Moore , Wolosyn, Woodward , Tomasso , Oakley Nays : None (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 9 -Consent Agenda .) (c) Resolutions and Motions (i) Director Kahm presented a recommendation from the Department of Public Works to adopt a resolution supporting the Englewood Environmental Foundation 's dedication of a right-of-way on West Floyd Avenue . ~ COUNCIL MEMBER~ED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) - RESOLUTION NO. _, SERIES OF 2006. / .......-0 RESOLUTION NO . _, SERIES OF 2006 A RESOLUTION SUPPORTING THE RIGHT-OF -WAY DEDICATION OF WEST FLOYD AVENUE AT SOUTH CHEROKEE STREET , THE ALLEY ACCESS AND SIDEWALK ALONG FLOYD AVENUE BY THE ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC . TO THE CITY OF ENGLEWOOD, COLORADO . Vote results : Mot ion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : Non e E'nglewood City Council June 5, 2006 Page& rhv l)>l:r (ii) Director Kahm presented a recommendation from the Department of Public Works to adopt a resolution supporting the Englewood Environmental Foundation 's grant of a license to Rodger Gilson for use of property adjacent to 3290 South Delaware Street. IJ\L-.C\ COUNCIL MEMBER cyQ~ AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (11)- 0' V RESOLUTIONNO._,SERIESOF2006. /)-() ~ RESOLUTION NO. _, SERIES OF 2006 A RESOLUTION SUPPORTING THE ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC . (EEF) GRANTING RODGER GILSON A LICENSE TO USE PROPERTY ADJACENT TO 3290 SOUTH DELAWARE STREET, ENGLEWOOD , COLORADO. Vote results: Motion carried. Ayes: Council Members Barrentine, Mccaslin, Moore , Wolosyn , Woodward, Tomasso, Oakley Nays: None (iii) Director Black presented a recommendation from the Department of Parks and Recreation to approve, by motion, a cooperative agreement with Englewood Unleashed that clarifies roles and responsibilities of each of the parties. /~0 /J, COUNCIL MEMBER ~'MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (1)-A 'A\ V COOPERATIVE AGREEMENT WITH ENGLEWOOD UNLEASHED THAT CLARIFIES ROLES AND '(}.-tJ RESPONSIBILITIES OF EACH OF THE PARTIES. /')-0 app rv d Vote results: Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None Motion carried . 12. General Discussion c::;:J.., ~ du. }l.S"5-t On_ ~/ ~ -.O D11 Dh.S ~· .vz.-:.11 6.o} • -k/\ ~ ~??dl (a) Mayor's Choice ~-~-~~ ~- Mayor Wolosyn did not have any matters to bring before Council. (b) Council Members' Choice ,s/,fA -~Jl-~ t -~ (p 3-~ (i) Council Member ~vh rt.(./ ~ D -T.)cuv\.e,,..-v -c..,D ~~ill (ii) Council Member fnv~ W¥1-6w-~ 1I,He,r So (iii) Council Member ~ N~~ :;n -0~ N~"-S "l, 1'52.. (iv) Council Member (v) Council Member ~ No--tlu.--1./1~3 d'l& (vi) Council Member ~ 13 . City Manager'• Report City Manager Sears did not have any matters to bring before Council. - Englewood City Council June 5, 2006 Page7 14. City Attorney's Report P/l I) City Attorney Brotzman did not have any matters to bring before Council. 15. Adjournment : +.. t MAYOR WOLOSYN MOVED TO ADJOURN . The meeting adjourned at Lp.m. City Clerk