Loading...
HomeMy WebLinkAbout2006-06-19 (Regular) Meeting Agenda Packet·----~ Regular City Council Meeting June 19, 2006 Ordinance~ ;-<Y./././23, 24, 25 Resolution # 52, 53, 54, 55, 56, 57, 58, 59, 60, 61 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session June 19, 2006 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:35 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: A quorum was present. Council Members Tomasso, Moore, Barrentine, Mccaslin, Woodward, Wolosyn Council Member Oakley Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson, Safety Services Director Fonda, Utilities Director Gryglewicz, Finance and Administrative Services Fire Marshal Greene, Safety Services Director Simpson, Community Development Senior Planner Langon, Community Development Police Commander Sanchez, Safety Services Police Sergeant Watson, Safety Services Fire Division Operations Chief Pattarozzi, Safety Services Fire Battalion Chief Ertle , 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 JUNE 5, 2006. Mayor Wolosyn asked if there was any discussion. There was none . Vote results: Ayes : Nays : Absent: Motion carried . Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso None Council Member Oakley 6 . Recognition of Scheduled Public Comment Englewood City Council June 19, 2006 Page 2 There were no scheduled visito rs . 7 . Recognition of Unscheduled Public Comment (a) T .J . Cassidy of Centenn ia l , Colorado , said I wish to comment on Council Bill No. 7 , the Southgate/South Arapahoe intergovernmental agreement for reimbursemen t. He said I am the indiv idual that brought to light the billing errors for the sanitation d istricts . Wh ile I am not an attorney, I have done my best to research the applicable law ... thanks to LexisNexis . Should anyone be interested, I have with me copies of all of the Statutes and annotations I will be referring to . Number 1 ... the Sanitation District billing error was brought to the attention of the Englewood Utilities Department by me on September 26 , 2005 . Now after some 9 months, including the 49 days of revisions , since it was first to be presented to Council, we have a disgraceful and downright insulting document be ing presented to Council. I think it would have been nice if some attempt had been made to notify and solicit input from the overcharged parties or anyone else prior to now , but instead we were stonewalled . This was even to the extent that it was declared that the public's business was, in fact , not the public's business and CRS 24-6-201 did not apply . Would Council be kind enough to instruct the City Attorney to provide me with copies of the minutes of these closed meetings, including the signed statements from the representing attorney and the Chair as per CRS 24-6-402 (2)(d)(II)? Number 2 ... the 3 organizations of Englewood Utilities Department (EUD), Southgate Sanitation District (SSD) and South Arapahoe Sanitation District (SASD) have allowed this fiasco to go on for 12 years and now expect us to have faith in their abilit ies to propose a fair, equitable and accurate resolution . I believe what they are proposing in the City Ordinance under consideration is shamelessly self-serving and should be rejected by Council and returned with instructions as to how Council wants it changed , in order to gain their approval. May I suggest that someone take the time to read CRS 24-10-102 and annotations , and then remove paragraph 8, as I find it insulting to our intelligence. Wh ile you are at it also take out paragraph 6 . Numbe r 3 ... at the Englewood Water and Sewer Board meeting of November 8 , 2005 I strongly suggested to the Director of Ut ilities that A .... they obta in an independent aud itor (CPA) to determine the scope and monetary impact of this problem on each property .... B ... prepare to pa y tota l mischarges plus interest compounded ... such as prime rate plus four percent ... C ... come up with a plan to find all previous owners/residents that were damaged ... D ... plan to turn over to the State Treasurer any unclaimed funds includ ing interest. Obviously , I was ignored on all of the above . But I tr ied . Number 4 ... any reasonable person would question the claim SSD seems to have made on the funds collected and held by SASD . Funds which unquestionably and rightly belong to the overcharged parties . The burden should be on SSD to prove any claim they th ink they may have on these funds, which clearly they haven 't. Furthermore , it should have been South Arapahoe , the original holder of these funds , that should be required to assume the role of trustee per CRS 15-1 .1-105 ... "a trustee shall invest and manage the trust assets solely in the interest of the beneficiaries as opposed to acting for the t rus te e 's own interest or that of th ird part ies ." Since SASD has already turned these funds over to SSD , they should be instructed to return them to SASD posthaste . Should SSD pers ist in th is matter, they should be informed to prov ide a Distr ict Court Order releas ing the funds to them . Cou ld n't one eve n q uest ion as to w hy the y wo uld req ui re any compensat ion at a ll si nce they have managed to forgo collection for 12 years and suffer no ill effects . Clearly , if they wish to make a claim for their uncollected fees, it should be with the property owners directly. But then again , they are probably familiar with CRS 13-80 - 102, which clearly limits any recovery of unpaid utilities charges due to an error in billing procedure ... which is exactly what we have ... to 2 years, not 12 , since the plaintiff knew, or should have kn own by the exercise of reasonable diligence . N umber 5 ... to go into any detail s ab o ut Exhibit A is a waste of ti me. The pres entation is un be lieva b ly ba d , unless th e in tention was to make it u nve ri f ia ble . The re are fac tors that have obv io us ly be en omi tt ed that make it ext reme ly d ifficult, if not impossi ble , fo r eve n a CPA to re solve . And t he in terest ra tes sho wn are not in accord ance with the Colorado la w C RS 5-12-102 ... see number 6 below . Furthe rmo re, the numbers from SA SD did not even agree w ith the Engle wood Utilities numbers on A p ril 17, 200 6 . A ll 3 parties ... City of Englewood, Sou thgate and SA S D ... "hav e reviewed Exhi bit A an d c on su lted their own records and agree that SA SD's ca lculations are accurate and based upon a pprop ria te ass u mp tio ns and pri nciples ." If this review was done by the same persons responsible for the 84 errors perpetuated fo r 12 years, I am not convinced anyone can have confidence in the accuracy. There is a definite need to bring in an in de penden t CPA for a complete audit , top to bottom . Number 6 ... the proposed interest to be paid to the injured parties for monies wrongfully collected is not in compliance with CRS 5-12 -102 ... Statutory Interest. The interest due is plain and unambiguous, as well as a matter of equity under the doctrine of unjust enrichment ... Trip v. Cotter Corporation, 701 P.2d 124,126 (Colo . App . 1985) ... since no specific rate of interest due the plaintiff or defendant was set forth by either party. Accordingly , plaint iffs are entitled to summary judg ment to the statutory Englewood City Council June 19, 2006 Page 3 interest of 8 percent per annum, compounded annually, on the money wrongfully withheld . Someone just might want to look into Moratory Interest, since it has been allowed in Colorado for more than 100 years . Number ? ... clearly, the proposed disposition of unclaimed funds to SSD (the 5th Whereas on page 1) is contrary to CRS 38-13-101-134 ... the Unclaimed Property Act. I suggest that someone pay close attention to the requirements and also the penalties for non-compliance in CRS 38-13-127 . Someone might also want to check as to whether a Form B needs to be filed no later than June 30th of this year . Number 8 ... I am very disappointed, in light of my talks with Mr. Fonda, that there is as yet no detailed plan for the disbursement of funds, other than an obtuse reference to "disbursement of funds in accordance with the approved protocol" ... in 3(e). Has anyone on Council any idea just what this means? There is also the question of a plan for locating those due refunds, but have left the area. I am also curious as to whether the names of the payees over the years are available? Are the Englewood Utilities records complete? Number 9 ... can I be assured that these SSD and SASD districts have complied with CRS 29-601-604 mandating an annual audit by an independent certified public accountant, CPA, licensed to practice in Colorado, and that I may obtain a copy of the audits for 2005? Number 10 ... should any of the attorneys be present that I have been told had approved this document. .. and now, in this latest version, I can see lawyers "fingerprints" many times by the involved utilities directors and others, all I can say is shame on you . Number 11 ... 1 respectfully impeach the Council not to approve this ordinance in haste, but to take their time and question as to whether they have been presented with, not only a fair and equitable document, but one that meets the intent of the law. He said thank you for your kind attention. Mayor Wolosyn said thank you for your time and as you know, this item is on the Agenda and there may be some discussion on it at that time . She said it is 11 (a) (i) on the Agenda . Thank you. 8 . Communications, Proclamations and Appointments There were no communications, proclamations or appointments . 9 . Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (See Agenda Item 11.) COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (b) (i), (II), (iii) and (iv). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 17 , SERIES OF 2006 (COUNCIL BILL NO . 20, INTRODUCED BY COUNCIL MEMBER WOODWARD) 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) ORDINANCE NO . 18 , SERIES OF 2006 (COUNCIL BILL NO . 21, INTRODUCED BY COUNCIL MEMBER WOODWARD) 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 ) ORDINANCE NO . 19 , SERIES OF 2006 (COUNCIL BILL NO . 22 , INTRODUCED BY CO UNC IL M EMBE R WOODWARD ) Englewood City Council June 19, 2006 Page4 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. (iv) ORDINANCE NO. 20, SERIES OF 2006 (COUNCIL BILL NO. 23, INTRODUCED BY COUNCIL MEMBER TOMASSO) 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: Nays: Absent: Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso None Council Member Oakley (c) Resolutions and Motions There were no resolutions or motions submitted for approval. 10 . Public Hearing Items No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Director Fonda presented a recommendation from the Utilities Department to adopt a bill for an ordinance authorizing entering an Intergovernmental Agreement between the South Arapahoe Sanitation District, Southgate Sanitation District, and the City of Englewood pertaining to reimbursement of overcharged sanitation fees by South Arapahoe Sanitation District to the Southgate Sanitation District customers. He said, as it has already been mentioned, there was an error caused when some properties were put on-line, they were placed in the wrong district. This did not make any difference until the districts requested that we start collecting money for them, usually as a percentage of our charges . We would collect them from all of their customers and then reimburse the district.. .those operating funds . This happened in an area where the boundaries of the district were changing to allow gravity flow and 82 errors occurred. We went back and went through and checked all of the addresses in that area and only came up with these 82 . At that point, the two districts ... South Arapahoe Sanitation District, the one who we collected the extra money from and turned it over to them from Southgate customers . That board met and the attorneys worked out an agreement whereby the entire principal that was collected will be returned to all of the customers, with the interest that South Arapahoe made on the money while they held it. This has been calculated by an accounting firm and our accountants have stated that those amounts are available . We were issued a check and we are now in a position to simply administer the repayment of the funds that South Arapahoe has agreed to reimburse . Southgate was a party to all of these discussions and has also approved this arrangement. We are ready to make the reimbursements . The way we will make the reimbursements is to mail notices to all of the affected customers and then we will have them make appointments, they will come in and we will show them the way the interest was calculated and will issue a check . For customers who are not currently at that address ... they've moved on ... we will send a notice to the last known address and we will also give legal notice in the newspapers . I think this is a fair settlement and I think it is now time to move forward with this, so we can start reimbursing the customers . Mayor Wolosyn asked if there were any questions for Mr. Fonda . - Englewood City Council June 19, 2006 Page5 Council Member Barrentine said how many homes were involved in this? Mr . Fonda said 82 . Ms . Barrentine said were we the people who misidentified the billing? Mr . Fonda said we were the ones who located them in the wrong districts . Ms . Barrentine said okay and then we billed, collected and gave this money ... Mr. Fonda said we bill and collect , for the districts , their operating fees . But , Ms . Barrentine said we are the ones who misidentified these people? Mr. Fonda said yes . Ms. Barrentine said okay , is any City money involved or was it lost in any part of this transaction? Mr. Fonda said no. Ms . Barrentine said are we taking any money to administer this reallocation of funds? You are dealing with 82 different people's accounts ... are we getting any money to do that administration piece? Mr. Fonda said no, we are not and we believe that this will not put much of a burden on our staff. Ms . Barrentine said okay. Is there any reason why the accounting piece of this wouldn't be available to anybody? Mr. Fonda said we have put it together and we will be showing each customer, as they come in, how we calculated it. We will give them a copy of their particular calculation. So, if you come in from an address in South Arapahoe ... when you come in we will give you a calculation sheet that shows you exactly how your principal and interest was calculated. Ms . Barrentine said do you have any idea how much this administering and dealing with these 82 accounts is going to cost your department? Mr. Fonda said no, I haven't estimated a cost. I would figure that it would be fairly minimal , because we already have the amounts calculated for each property. Ms . Barrentine said who pays for the accounting process to happen? Mr. Fonda said that was done by the South Arapahoe District ... they simply submitted it to us and one of our accountants verified it. Ms. Barrentine said maybe I didn't make it very clear , would there be any reason why that information wouldn 't be available to somebody ... like this gentleman ... prior to us voting on this? Mr . Fonda said it is available . Ms . Barrentine said okay. Mr. Fonda said I believe it has been shown to him . Ms . Barrentine said okay. Mayor Wolosyn said is that everything Laurett? Ms . Barrentine said yes for now. Council Member Moore said Mr. Fonda ... the reasons to move forward on this now is just to resolve this issue and disburse payment. Is there any other reason why, for instance ... we should just allow time for the Water Board to make sure they have a chance to hear all these concerns and reaffirm the decision? Mr. Fonda said I have never seen the document that Mr. Cassidy has produced, so I can't respond, but it has been going on a long time and I think we would like to get the payments made back to the customers . It was before the Water and Sewer Board and Mr. Cassidy did appear , although all of the issues he just recently brought up tonight , we had not heard. We responded to several of his suggestions by changing the document once already . Council Member Barrentine said what harm would there be if there was an additional period of time to address the concerns he brought up? Mr . Fonda said it would simply delay payment for possibly several months and we have been working on this for quite awhile . Council Member Barrentine said do you know if the City has any liability for the piece that we played in misidentifying them? Mr. Fonda said I would have to leave that to Dan's comment...! do not believe so . South Arapahoe was the one who decided what would be paid back and they are the ones who made the decision that it would be principal plus the interest they earned . We are merely administering the funds . Our ordinance probably won't change, unless the other two districts change and this is what they have indicated that they will agree to . Council Member Barrentine said I guess my concern is then, if we are getting in the middle and doing that middle-man piece of it, if we are in anyway subjugating somebody else 's rights to go ahead and deal with that entity that overcharged them ... that is kind of what I would like to know . If our getting involved in that is making it impossible for them to ... Mr. Fonda said I think they were represented by their District. The Southgate District was a party to the contract.. .the District that they are a member of. Ms . Barrentine said but this dealing in overpayment is an issue between those two entities ... at this point we were just a pass through . Mr. Fonda said that is right and that is all we are in the contract. She said okay and now we are being a middle man to go ahead and do that when maybe this argument is between those two, if they aren't settled yet ... l'm just confused . City Attorney Brotzman said much like City Council, they have boards that have representatives . They sat down and they have gone over the agreements themselves . They have gone through th is very same process where the people that are in the ir District can come and talk to them . We are not taking that away. They have had th at Englewood City Council June 19, 2006 Page6 opportunity. They can go to their respective sanitation district and say, this is fair or this is not fair. The ir representatives vote on it, just like City Council votes on behalf of the citizens of Englewood . Mayor Wolosyn asked if there were any other questions . Council Member Woodward said I have one question that is probably for Dan . Th is is something that Mr . Cassidy brought up and it has to do with people that are not found and the unclaimed funds ... wouldn 't that or why wouldn't that be turned over to the State as uncla imed funds ... like if somebody left money in a safe deposit box or something else?. Is that up to the Districts? Mr. Fonda said in this agreement, I believe, it is a year after we make the reimbursements , that it is turned ove r to the State . Mr. Woodward said okay . Mr. Fonda said that was one of Mr. Cassidy's suggestions that we incorporated , because he was correct on that issue . Council Member Woodward said do you know where that is? City Attorney Brotzman said it is on page 3 of 5, No. 5: Termination and Reimbursement Program . Mr. Fonda read ''The City shall turn over any remaining funds to the State of Colorado in accordance with provisions of Unclaimed Property Act." Mr. Woodward said okay, so that is addressed . Council Member Moore said I just wanted to confirm what I think Laurett was asking , or a portion of it ... we are just facilitating the agreement between these other two entit ies . We have that burden only because we are the administrator of the overall district. D irector Fonda said yes. Mr. Moore said any rights , any disagreements w ith this agreement ... our passing this does not stop someone 's ability to fight it , or whatever , with their districts? C ity Attorney Brotzman sa id correct. Mr. Moore sa id if for some reason those distr icts wanted to bring th is back up , and make yet another adjustment , then we could go through th is process again? Mr. Fonda said yes, if they wanted to change it , we would certainly go along w ith that. But , Mr. Moore said , as of now , I feel like we are not really a d irect party to this. City Attorney Brotzman said that is correct. Mr. Moore sa id we need to facil itate resolution and it can still be an open matter if the constituents to those districts choose to make it so ... we're not closing the door on that with this action , we are just carrying forward with the directions that , in essence , they are giving us . City Attorney Brotzman said correct. Mr. Fonda said if the two districts came at a later time and said we want to change this , we could certainly accommodate that. Mr . Moore said thank you . Counc il Member Barrentine sa id I guess the confus ion and my concern is that since it is listed as an intergovernmental agreement , that somehow we are committing that th is satisfies this debt. C ity Attorney Brotzman sa id because the part ies agreed to it. What they are say ing is th is is the prope r transfe r and it is the prope r interest ra te of the transfer ... that the two distr icts are actually agree ing that that is true . The answer is co uld yo u pick a different interest rate , coul d you use 8 percent , whi c h is statutory , with out an agreement interest rate? Absolutely . Council Member Barrentine said the agreement piece of it ... we had nothing to do with it? City Attorney Brotzman said that is right , that is the agreement between the two parties . Ms . Barrentine said we had nothing to do with the agreement piece of it , so then the legal issues that have to do with whether they are ent itled to still coll ect those fees or not, are still op en for people to pursue with their indi vidual districts? Mr. Brotzman said correct. Ms . Ba rr en ti ne said oka y, so we are j ust facilitati ng th is. We have not negotia ted anythin g ... w e are not locking any body into any ag reem en t. .. we are ju st tak ing the m oney an d g iving it bac k? Mr. Brotzman said correct. Ms. Ba rre ntine sai d and do in g t he wo rk to deal w ith 82 d ifferent accounts? M r . Brotzman said right. Ms. Barrentine sai d ok ay . Mayor Wolosyn said is it correct to say that our part of this agreement is the fact that we are the pass-thru person ? Mr . Bro tzman said yes , we are the pass -thru and that is why we are doing th is. Ms . Wolosyn said and we are agree ing to enable it. M r . Brotzman said that is right , we are the b illing agents , so that is w hy we are doing it. Mayo r Wolosyn asked if there was any other discuss ion or questions . There was none . Englewood City Council June 19, 2006 Page7 COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (a) (I)· COUNCIL BILL NO. 7. COUNCIL BILL NO .?, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING ENTERING AN INTERGOVERNMENTAL AGREEMEN T BETWEEN THE SOUTH ARAPAHOE SANITATION DISTRICT, SOUTHGATE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD PERTAINING TO REIMBURSEMENT OF OVER CHARGED SANITATION FEES BY SOUTH ARAPAHOE SANITATION DISTRICT TO THE SOUTHGATE SANITATION DISTRICT CUSTOMERS. Mayor Wolosyn asked if there was any more discussion . City Attorney Brotzman said since there is actually an open records request contained in this document. .. Council is aware that there were no meetings on this agreement. There was no Executive Session . There are no closed meetings that Council had regarding the subject , or with the Water Board . I don 't know what happened at the sanitation district meetings . I don 't know how they conduct their meetings, but with our Water Board and the City Council , obviously you have never met on this issue in Executive Session . Council Member Barrentine said and there is no meeting that wouldn 't be available to him that Englewood has held on this issue. Mr. Brotzman said that is correct. Ms . Barrentine said okay. Vote results: Ayes : Nays : Absen t: Motion carried . Council Members Barrentine, Mccaslin , Moore, Wolosyn, Woodward, Tomasso None Council Member Oakley (b) Approval of Ordinances on Second Reading (i) Council Bill No . 16 , as amended , updating Section 7-1A-4 of the Englewood Mun icipal Code 2000 pertaining to the number of an imals ma intained at a household or premises was considered . Mayor Wolosyn said we discussed this last week . This is a bill to change the mix of animals from two dogs and two cats for a total of four to ... keeping the total of four , but changing the maximum of e ither type of animal to three . COUNCIL MEMBER MOORE MOVED , AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (b) (i) - ORDINANCE NO. 21 , SERIES OF 2006. ORDINANCE NO. 21 , SERIES OF 2006 (COUNCIL BILL NO . 16, INTRODUCED BY COUNCIL MEMBER MOORE) A N ORD IN A N CE AM ENDIN G TITLE 7, CHAPTE R 1A, SECTI ON 4, OF THE E NG LEW OOD MUNI CIP A L C OD E 20 00 P ERTAININ G TO TH E NUMBER O F ANIMAL S MAINTAIN ED AT A HOUS EHOLD OR P R EMI SES . Mayor Wolosyn asked if there was any discussion . Council Member Tomasso said I will be voting no on this . I believe that there are dog owners that are very responsible , there are individuals that are very responsible , there are dogs that have more opportunities than other dogs by going to doggie day care and off-leash parks, yet there are dogs that remain in their yards 24 hours a day ... they bark at anything that moves . If an owner is allowed two dogs that have such activities , there is nothing stopping them from having three dogs . There are dog owners that walk their dogs and pick up and there are dog owners that walk their dogs and don 't pick up . I think if you allow more than two animals , you are c ompound in g the problems you have with the bad dog owners . So , I will be voting no against this . - Englewood City Council June 19, 2006 Page& Mayor Wolosyn asked if there was any other discussion. Council Member Mccaslin said but we are actually allowing four pets. You can have two dogs right now and two cats, correct? So you can actually have four pets in your household . What we are doing is just changing it to three to one . Council Member Barrentine said I will be voting yes for this and the reason for that is that I am for private property rights and I am not willing to punish the majority ... the vast majority ... of people in this community who are considerate neighbors and good citizens for the few people who have a problem. I think this is a good compromise for people who find themselves in a variety of situations and I believe that it is reasonable to vote for this. Mayor Wolosyn asked if there was any other discussion. There was none. Vote results: Ayes: Nays: Absent: Motion carried . Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward Council Member Tomasso Council Member Oakley (ii) Council Bill No. 19, approving the South Pennsylvania Street Senior Housing Planned Unit Development (PUD) located at South Pennsylvania Street and Highway 285 in the City of Englewood was considered . Mayor Wolosyn said we had a Public Hearing on this last meeting, so if anybody needs any more discussion, Ms. Langon is here to respond . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (ii) -ORDINANCE NO. 22, SERIES OF 2006. ORDINANCE NO. 22, SERIES OF 2006 (COUNCIL BILL NO. 19, INTRODUCED BY COUNCIL MEMBER WOODWARD) 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 . There was none . Vote results : Ayes : Nays : Absen t: Motion carried . Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso None Council Member Oakley (c) Resolutions and Motions There were no resolutions or motions submitted for approval. 12 . General Discussion (a) Mayor's Choice (i ) Mayor Wolosyn said just a little update . Ken Fellman , Mayor of Arvada , came and spoke to us about H.R. 5252 , Commun ications , Opportun ity , Promotion , and Enhancement Act of 2006 . As you Englewood City Council June 19, 2006 Page9 know we sent in a letter opposing it. The House voted and it passed with an overwhelming majority, but really this is a non-partisan issue. In the Colorado Delegation, only two people voted against it and those were Diana DeGette and Tom Tancredo, so go figure. But I think that both of them really deserve our commendation for realizing that the long term goal is to open up competition, the cities really aren't turning away competition ... in fact, they are inviting telecommunication companies to make agreements with us ... with all municipalities . And the other thing is that by moving this up to the Federal level, some of the issues Ken explained to us ... really we're taking away the right of our citizens to just come to us and complain if the telecommunication company puts the tower in a place they don't want it.. .they have to go to Washington . The Senate apparently has a friendlier, more amenable bill and we should keep an eye on that. (ii) Mayor Wolosyn said we have a motion to reschedule the July 17, 2006 City Council meeting to July 24, 2006. We are being asked to do this because of the Sheridan Project and the way it is stacking up . We originally scheduled our July 3rd meeting, moved it to the 101h and then we were scheduled to have our meetings back to back with that. With the publication rules, we need two weeks between the meetings, so we need to change that meeting on the 1 ?'h to the 24th to accommodate that. COUNCIL MEMBER McCASLIN MOVED, AND IT WAS SECONDED, TO RESCHEDULE THE JULY 17, 2006 CITY COUNCIL MEETING TO JULY 24, 2006. Vote results: Motion carried. Ayes : Nays: Absent: Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso None Council Member Oakley (iii) llv4ayor Wolosyn said I have one other thing that I would like to ask Council's support on . The National Brownfields . ssociation contacted me and they are starting a Colorado chapter . I think that it is a one-time thing ... l don't think it is annual, the way they spoke ... there is a one-time fee of $200 .00 for us to join and I think that since we are a City that has Brownfields, that it would be a great conduit for us to get information, as we move toward more redevelopment and helping other people redevelop in our town. Council Member Woodward said I would agree with that, especially realizing that we were one of the first to get a Brownfield loan for the Brent Mayne Field at Centennial Park . So, I think that could be money well spent. Mayor Wolosyn asked for a consensus or if there were any objections. There were none. (iv) Mayor Wolosyn said I am going to a family reunion on the 24th . I am leaving on Wednesday . Jim will be chairing the meeting ... we are having an Executive Session/Study Session next week . Jim will be chairing it , but I will be on the phone , as I believe John will. We will be participating, but I can 't chair a meeting from a phone . (b) Council Members ' Choice (i) Council Member Barrentine : 1. She said on Monday Positively Englewood had their golf tournament. I appreciate the participation on the part of the people from the City. We had a very nice event and raised some money for the Recreation Center for scholarship programs for kids . It was a nice day and it was well run . They did a beautiful job . 2. She said , on the same note , I wanted to recognize something that Positively Englewood has been involved w ith ... and Community Development's effort ... on the Englewood Days and Merchants' Car Show that they are planning for September gt h ... they keep adding people . Also , the Englewood Chamber of Commerce 's Taste of Englewood . So we 've got a lot of entities tryi ng to come together and do a n ice event and I really appreci ate that. I real iz e that it is some add itional work . Englewood City Council June 19, 2006 Page 10 3. She said also the work on the part of Community Development to really try and explore, and bring to Council more proactively, a lot more diverse and creative ways that we can try to bring in investment...both in residential and commercial property and I appreciate that. It takes a lot of extra work to try and run those instead of being reactive. 4. She said I had a conversation with County Commissioner Susan Beckman and I know that some of the cities are participating in the Arapahoe County Fair. I just wanted to get some information on whether we were doing anything with that or how we might be able to participate if we do decide to. (ii) Council Member Mccaslin said I talked to Susan McDonnell, Victim and Witness Services Coordinator and Police Officer Nancy Peterson and they informed me about some of the things that we can do to help people that are indigent or ill or whatever as far as helping them keep their houses ... and keep them up to Code. So I appreciate their input and just wanted to thank them personally. (iii) Council Member Woodward: 1. He said I am going up to Breckenridge for the CML Conference tonight, which will go on for the rest of the week . 2 . He said I also participated in the Relay for Life over at the Englewood High School on Friday night to Saturday morning . I thought that was pretty successful and I think they certainly appreciate the City's support . Safety Services had a tent over there and had some things that they were doing with the firemen with the kids . think that made for a successful event. .. in spite of the rain. Mayor Wolosyn said I was there at the beginning in the rain . It was a nice event. * * * * * Mayor Wolosyn said I learned at the end of last week that a couple members of our Safety Services Department are ill and on the mend, I hope ... John Collins and Jim Ulrich . I would just like to send them our best...l am going to send them a card ... but tell them we are thinking about them and miss them. I actually had wondered where John was lately. I was dismayed. 13. City Manager's Report City Manager Sears said there were a couple of items scheduled for the Study Session that I would like to go back to if we could . (a) City Manager Sears said first of all I just wanted to mention to Council again ... that ICMA is actually paying the air fare for me to go to Germany. It will happen July 12'h through July 28th . Mike Flaherty will be here during that time . You can never pick the right time to go, as there is too much going on . (b) City Manager Sears said one of the things I want to ask Council about. .. and I provided a lot of information ... is the potential of establishing a Sister City relationship. There is a proclamation for Council to consider that on July 10th . We just ask your support for that. I can deliver that to the City Council in Seim, Germany and perhaps try to establish a Sister City relationship, if the Council thinks that is a positive thing to do . Mayor Wolosyn said I am very amenable to that and if other people in Council agree, we can request that. Once again , we just need a consensus for a proclamation . Council Member Barrentine said I appreciated the information you provided , thank you very much . Council concurred and will consider the proclamation on July 10th _ (c) City Manager Sears asked Ben Greene to discuss the fire ban . Fire Marshall Greene said the last time I brought th is to you was , I believe , in 2002 ... the Hayman Fire . And fire conditions now, as I understand them , are much more severe than what they were during the Hayman fire . I realize that we are very much an urban commun ity , yet I am very concerned about the proliferation we have Englewood City Council June 19, 2006 Page 11 right now of fire pits and other types of open burning that are going on in people's back yards . With things as dry as they are ... even in an urban environment like this ... our areas are still very dry. This tags along with what Arapahoe and the City of Centennial have done . I've talked with other fire marshals that are also pushing for fire bans in their cities. Part of this includes the fireworks, which are already banned in our City, but I think this reemphasizes the importance of watching for those fire issues. We have had about a half a dozen incidents where about the only thing that we have when we have a fire pit that is out of control, or a neighbor complaining about odors coming from a fire pit, is specifically the obnoxious odors . We don't have anything in the Municipal Code or in the Fire Code that actually bans these types of fires . So the only thing we can do is go off complaint and if it is an obnoxious odor, then we can have them extinguish it. So, we are getting ready to adopt a new fire code ... probably in the latter part of the summer or first part of fall ... at which time we will address it. But until then, I would like to put the fire ban in place to specifically address all these issues now. They will probably be lifted if we ever get some rain or snow, which I'm hoping we get within the next three months ... but for right now, I would like to put the ban in place . He said I am here to address any questions or concerns . Mayor Wolosyn said is that your prerogative or do you need our approval? Mr . Greene said Council's approval is not required . Mayor Wolosyn asked if there was any discussion. Council Member Moore said just to confirm ... with the fire pits or chimineas ... one of those covers isn't adequate to exempt it from this ban, is that correct? Mr. Greene said that is correct, it is not. Part of the issues that we have had is we went on a fire pit call ... l think it was a week ago ... it was 3 o'clock in the morning and it was going at a fairly good clip, with nobody around . And it was in one of those that were enclosed ... with the grate that is all enclosed ... and it was still a potential issue. And, right now those fire pits are becoming so popular. I mean you can walk into Wal-Mart and buy one ... but there is still a potential of sparks and flames coming out of those . Council Member Mccaslin said I have a question . If you have a barbecue and you use charcoal, is that still illegal? Mr. Greene said what we are looking for is no flames, so if you use charcoal and were actually grilling something, it would probably be approved. But what I am looking at is the open fires where you actually have a fire going ... actually having flames licking out. Because people are using these as a recreational fire and basically it is a bonfire in their back yard . Mr. Mccaslin said okay. Council Member Barrentine said you haven't seen my son roast marshmallows ... it definitely is an open flame . He likes them pretty charred up . So , how much would this affect people just doing barbecuing? Mr. Greene said barbecuing is not a problem, because most likely they are not using an open flame ... they are using a briquette or they are using a propane fire or something like that. That wouldn't be a problem . The ones I'm looking at are the larger fire pits, where they are actually burning wood or things like that, that are creating a large flame . Ms . Barrentine said okay. Council Member Woodward said but a pig in a pit, probably no? Mr. Greene said probably no . Mr . Woodward said okay ... especially given the picture that Mike gave us during Study Session, and how it has changed in one week, as far as the fire danger throughout the west, boy , I am sure supportive of a fire ban. Council Member Moore said I told Ben before the meeting that when I told my wife that the chimineas is on the list, she wasn't very happy but since I am term limited , and I don 't need her vote, [there was laughter] I will consent to his wise judgment. Thank you . Council Member Barrentine said regarding the fire ban ... this isn't an ordinance against those things? Council Member Moore said until the danger subsides . Council Member Mccaslin said this is just temporary. Mayor Wolosyn said thank you Ben . (d) City Manager Sears said I have been working with Chris to maybe do some improvements in some of the communications w ith Safety Services . There is a lot that Council has on their Agenda , there are a lot of issues that you are looking at, but there are some critical issues that are coming up ... especially as they Englewood City Council June 19, 2006 Page 12 relate to the Facilities Master Plan Study and the Accreditat ion Report . Both are very important and it is difficult , with where the Safety Services is located and the number of personnel that they have , to really mainta in the best communication with the Council. But I have asked Chris to be perhaps a little b it proactive in some of his approach to things, so he has put together a couple of items just for consideration by Council tonight. It is more informational than anything else. Safety Services Director Olson said we were going to cover th is obv iously in our last session, so I handed out the document we have there and without getting into too much detail , we are going to try to come up with a little more useable format , where we can get information out to you as to what is happening over in Safety Services . If there have been issues in the past where we failed to do that, then you can put the blame on us . We just did not get the information out that I think, in many ways, we assumed you were receiving . But we are going to try to create a regular format. We will use this for, at least, the major issues that are occurring . You will get some updates that you can be comfortable with . I've got four of them here. One of them , of course, is the Police Division Accreditation. The assessors were here . As far as we know, verbally and informally ... we did very well on performance. The formal accreditation will not be approved until the Chiefs of Police Board meets in August, but we are going to have a captain who is one of the assessors ... he is from Boulder ... he will be here on July 191 h to answer your questions and kind of give a general overview of what the process is all about. Right now it looks like we are going to be very successful in achieving the accreditation that we were looking for . The next item up is the Safety Services Facilities Master Plan Study. Bas ically , this has been very informal up to this point, we have received six RFQ 's ... Request for Qualifications ... they are not formal bids . They are just to see who is out there that might be interested in doing a study with us. So we will keep Council advised as to where the Plan is going , what the timeline is going to be and after we look at all of these , to see what kind of a bid process we are going to go ahead w ith or the Master Plan Study itself, if that is approved. Next item up is Safety Services Informational Communications Plan . We have talked about that a little bit already. One of the items that we are going to try to do aga in is how do we get citizens involved , how do we get Council involved, how do we get people to understand more of what Safety Services does and not to feel that we are some sort of a closed environment over there where you can't be part of what our processes are . There are several National Plans r ight now in place. One is called Volunteers and Police Services and the other one is called Fire Core . We actually get volunteers to come into your organization and assist with many processes, that possibly , right now, we are paying other people to do , but we look at this as an add-on to our current services . Also, with the Sher idan Development moving ahead and , of course , with the issue that occurred last week with that drum that , theoretically, was a potential explosive issue, we realize that we are going to have to start working with Sheridan Safety Services much more closely . So , we are going to be working on developing an Emergency Response Plan with them, because we know we are going to be called in for a variety of things that we expect are going to be showing up over there during the m itigation phase . We will keep you apprised of that as well. And then finally , the Fire Division Apparatus Replacement Process . We have two vehicles that we need to replace . Our Comm ittee , w ithin the Fire Div is ion , worked very hard to come up w ith a reasonable alternative to replace o ur current equ ipmen t. We will keep yo u info rmed of tha t. We met w ith the City Manager and several other department head s today, to at least start moving ahead with the process . We will keep you informed when we get to the bid stage ... when we move beyond that as to where we are going to go with it, how we are going to finance it and so on . It is also how it affects our ISO rating and a couple of other issues as well. At least, initially, those are some of the main items that we are working on over there . This memorandum will be expanded a s w e go a long an d we will give you updates ... similar to what Public W orks does ri ght now, on a lot of their proj ect orien ted th ings th at are going on . At least tha t is what I wa s goi ng to discuss w ith yo u an d I think unless th ere a re oth er q ues ti on s, th at is what we are tryin g to c over. Mayor Wolosyn said I would lo ve to have a copy of the scope of the RFQ, you know when you put it out was there a sco pe of the services required? Director Olson said apparently we use wh at is called BidNet. Currently , the City will put it out and w e will get it. I haven't seen it actually, but it is whatever documentation they put on to the web site that goes out there and then anybody can access that and then submit their RFQ's and that is apparently how we got the six back on in . So, we will get that from Don Clarke who actually kind of coordinates that process for us . Mayor Wolosyn said I would like to see what we are asking for , because that eventually may pan out as a bond issue . Director Olson said exactly, we can do that. , Englewood City Council June 19, 2006 Page 13 Mayor Wolosyn asked if anybody else have any questions. Council Member Barrentine said I appreciate your wanting to communicate a little bit with Sheridan on those things. Maybe they don't have a nice sign with a logo like we do, but when they talk about blowing something up in Sheridan and they are showing our light rail station ... I actually had somebody call me and ask why are they going to blow up something at the light rail station? I think we've got a really nice sign with that logo and it is very attractive . So, maybe when they do that development, they will want to have something that says Sheridan ... so they can show a Sheridan sign . Director Olson said we will work with Sheridan on that. She said I'd appreciate that. .. my concern is when they are showing the light rail station and talking about blowing something up . I was actually surprised that somebody called me; it was only one person, but none the less . appreciate this kind of information coming too about the things that are going on . Mr. Olson said it will be expanded out to as much as we can get to you. Just as a side note, that incident with the barrel ... we went through a major process of trying to contain that. It turned out, essentially, to be a non-event from what I understand. So, when they finally blew it, basically all they got was a stream of water blasting on up into the roof of that building over there. It turned out to be okay, finally, but we think there are going to be other issues . We are going to be more on top of ... by working with Sheridan to make sure that it is very cooperative with what happens. Ms. Barrentine said I told them I would wait 10 minutes and if it was really something in Englewood blowing up that I would probably hear from you and I would call them back . Since I didn't hear from you, I was pretty sure that Englewood wasn't blown up . Mr. Olson said that is right, thank you . · Mayor Wolosyn asked if there were any other questions or comments . Council Member Woodward said I was just curious about the two larger pieces of fire apparatus ... is one of those a hook and ladder truck? Director Olson said one is a ladder truck that we have had now for about 15 plus years and it has just reached the end of its service life and it is costing us more to keep it here and maintain it than it is to turn it over and get something more usable. What we are looking at right now is lease arrangements on these apparatus, as opposed to an out-right purchase, which we did with that ladder truck several years ago ... something that is much more cost effective for the City. Council Member Mccaslin said can I ask a question on that Police Division Accreditation ... tell me what that is. What does that give us? Director Olson said what the accreditation process does ... this is the State Accreditation process of the Chiefs of Police Association of Colorado and you can apply for it. You don't have to do it, but you have to go through the process where you have assessors that come on out, that are assigned to your jurisdiction and they go through everything . They go through our Procedures Manual and the manual, that you received , was the result of about three years of work to bring that manual to a point where we could go out and apply for accreditation . So, you go through that, then they come out and do an on-site assessment to look at your facilities, how you run the place and so on . They go back and file their report, submit it to the Board of Directors of the Chiefs of Police Association for either approval or denial. Then after that , if we get approved, we will have a formal presentation here. It is very nice to have, so a lot of departments really strive to get accredited to show that somebody else from the outside is coming in to look at how you operate ... how you do things . Mr. Mccaslin said thank you . Mayor Wolosyn asked if there were any other comments. There were none. Mayor Wolosyn said thank you very much Chris . We look forward to future things like this ... it helps to stimulate dialog . Thank you . (e) City Manager Sears said I just wanted to tell Council that we did have a very good session with Wipeout Graffiti. We had about seven or eight people from our staff that actually met with these people . They were very informative and very helpful, especially on surrounding jurisdictions . They actually do have a good product. We will be bringing that back as part of a report on July 101 h when we talk about graffiti removal. So we did follow up on that. (f) City Manager Sears said I will be at the CML Conference with Dan and the Council members for the next several days . Mike will be here , but be gone on Friday. Jerrell will be in charge of the City on Friday. Englewood City Council June 19, 2006 Page 14 Council Member Barrentine said I am sorry, originally I intended to go, but unfortunately the situation at work changed so I wasn't able to ... maybe next year I will be able to go . 14 . City Attorney's Report (a) City Attorney Brotzman said I will be at CML. Nancy Reid will be here and Duggan will be prosecuting . 15. Adjournment SYN MOVED TO ADJOURN . The meeting adjourned at 8:33 p .m . 1 . 2. 3. 4. 5. 6. 7. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, June 19, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. '1 !Jr Invocation. ~ Pledge of Allegiance.~ Roll Call.~~ /~{~4,U£j Consideration of Minutes of Previous Session. a. Minutes from the Regular City Council meeting of June 5, 200~ Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) ~ Recognition of Unscheduled Public 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.\ A. rf{Mtsy.!J'f-M#7 8 . C o mmun ica tions , Proclamations, and Appointments. ff 9. Conse nt A ge nda Item s. a. App roval of Ordinances on First Reading. b . A~I of Ordinances on Second Reading. ~ a . ...-~~il; ~ -/!Y1'ii i i1'f-11J t;-f d ft O i. C o uncil Bill No. 20, a~e acceptance o Victim Assistance L~ J {? d.J !f Enfo rce ment Grant for 2006. Plea note : If you ha a disabi l ity and need auxi liary aids or services, please notify the City of Englewood (3 03 -7 62 -240 7) at I as t 48 hours in advan e of when ervices are needed. Thank you . Englewood City Council Agenda June 19, 2006 Page 2 OltllJr ii. Council Bill No. 21, authorizing an Intergovernmental Agreement between the City of Englewood and the Urban Drainage and Flood Control District regarding property acquisition and construction of Big Dry Creek Trail. iii. j)J/}:;/9 iv. t7d}l;1{) Council Bill No. 22, authorizing an Intergovernmental Agreement between the City of Englewood and the Urban Drainage and Flood Control District regarding design and construction of maintenance improvements to West Harv ard Gulch. Council Bill No. 23, 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. c. Resolutions and Motions. ;f} 10. Public Hearing Items. (No Public Hearing Scheduled.)" £r 11 . Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. i. Council Bill No. 7 -Recommendation from the Utilities Department to adopt a Bill for an Ordinance authorizing entering an Intergovernmental Agreement between the South Arapahoe Sanitation District, Southgate Sanitation District, and the City of Engle wood pertaining to reimbursement of o vercharged sanitation fees b y South Arapahoe Sanitation District to the Southgate Sanitation District Customers. STAFF SOURCE: Stewart H. Fonda, Utilities Director.~ b . Approval of Ordinances on Second Re ading. LI,~ 11 I i. Council Bill No. 16, as amended, updating Section 7-1 A-4 of the Englewood {fta,r /-{ Municipal Code :woo pertaining to the number of animals maintained at a ~ 5-/ house hold or premises . ~ [ lr Y: tOf ~dncil Bill No. 19, approving the South Penns yl ania Street Senior Housing n), IL a_ Planned Unit De v elopmen t (PUD) located at South Pennsylvania Street and () l{,t tr;~;J ~-D High w ay 28 5 in the City of Englewood . ~ ~ Resoluti o ns and Motions. Englewood City Council Agenda ~ June 19, 2006 Page 3 12. General Discussion . a. Mayor's Choice. i. Update on H.R. 5252, Communications, Opportunity, Promotion, and Enhancement Act of 2006 (COPE). ~ ~-i) ii. Motion to reschedule the July 1 7, 2006 City Council Meeting to July 24, 2006~ b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. 15. Adjournment. lJ; 53 ~ Pl a.e note : If you have a di ability and need au iliary aid or ervices, please notify the City of Englewood (3 03-7 62 -240 7) at least 48 hours in advan ce of when ervices are n eded. Thank you. 1. 2. 3. 4. 5. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL Monday, June 19, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. '7.Jr Invocation. ~ Pledge of Allegiance.~ RollCall. ~~ /~{Mt:LJ:j Consideration of Minutes of Previous Session . a. Minutes from the Regular City Council meeting of June 5, 200~ 6 . Recognition of Scheduled Public Comment. (Please limit your presentation to : minutes.) ~ 7 . Recognition of Unscheduled Public Comment. (Please limit your presentation to fi ve minutes. 8 . 9. Time for unscheduled public comment r'nay be limited to 45 minutes and if limited shall be continued to General Discussion.) A. r..;-{!AqJy~'f -C!b-#7 Communications, Proclamations , and Appointments. ff Co nse nt A ge nda Item s. a. Approval of Ordinances on First Reading. b. A'£:I of Ordinances on Second Reading. ~ t:} . ..-~~ ~ -/6-,;'ii ii1'rf-1t1 1tf d fl O i. Co uncil Bill No. 20 , a~e acce ptan ce o V ic tim A ssistan ce L~ J f2 J.j 1 En force m ent Grant fo1 2006. Pleas no te: If you have a disab il ity and need auxi liary aids or services, please no tify the City of Eng lewood (303 -762 -2407) at leas t 48 hours in advance of when rvices are need d. Thank you. Englewood City Council Agenda June 19, 2006 Page 2 0)//)f ii. Council Bill No. 21, authorizing an Intergovernmental Agreement between the City of Englewood and the Urban Drainage and Flood Control District regarding property acquisition and construction of Big Dry Creek Trail. iii. j;J/1::/9 iv . pd)/~ Council Bill No. 22, authorizing an Intergovernmental Agreement between the City of Englewood and the Urban Drainage and Flood Control District regarding design and construction of maintenance improvements to West Harvard Gulch . Council Bill No. 23, 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. c. Resolutions and Motions. p 1 0 . Public Hearing Items. (No Public Hearing Scheduled.)' ~ 11. Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. i. Council Bill No. 7 -Recommendation from the Utilities Department to adopt a Bill for an Ordinance authorizing entering an Intergovernmental Agreement between the South Arapahoe Sanitation District, Southgate Sanitation District, and the City of Englewood pertaining to reimbursement of overcharged sanitation fees by South Arapahoe Sanitation District to the Southgate Sanitation District Customers . STAFF SOURCE: Stewart H. Fonda, Utilities Director.~ b. Approva l of Ordinances on Second Reading. N, L-k. 11 I i. Council Bill No. 16, as amended, updating Section 7-1 A-4 of the Englewood U ~ ~ Municipal Code 2000 pertaining to the number of animals maintained at a ~-s-/ household or premises. ~ -TT[7J Ir'/: m1~dncil Bill No. 19, approving the South Penns y lvania Street Senior Housing n ~ IL :i...... Planned Unit Development (PUD) located at South Pennsylvania Street and {) l{,t ~,;;._J ~-D High way 285 in the City of Englewood. ~ ~ Resolutions and Motions. Pl ease no te: If you have a disabili ty and need auxili ary aid or (3 0 3-76 2-240 7) at le a t 48 hours in ad an of wh n rvices , please no tify the City of Englewood rvi es ar needed . Thank ou . , Englewood City Council Agenda June 19, 2006 Page 3 12. General Discussion . a. Mayor's Choice. i. Update on H.R. 5252, Communications, Opportunity, Promotion, and Enhancement Act of 2006 (COPE). ~ ~~ ii. Motion to reschedule the July 17, 2006 City Council Meeting to July 24, 2006~ b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. 15. Adjournment. rJ':53~ Pl a e note : If ou have a disability and ne d au iliary aids or services . plea e notify the City of Englewood (3 03-7 62-2 40 7) at I ast 48 hour in advan ce of when ervice are n ded . Thank you. PLEASE PRINT PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED VISITORS DATE: June 19, 2006 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES NAME ADDRESS TOPIC NAME ADDRESS TOPIC 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 think that should be Robert Maes ... that that is the correct spelling . Vote results: Ayes : Council Members Barrentine , Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None Mot ion carried and the minutes were approved as amended . 6 . Recognition of Scheduled Public Comment (a) present. Englewood citizen Janice Gerfen 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 , Cha ir 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 COMMITIEE. Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Motion carried . Ayes : Council Members Barrent ine , Mccaslin, Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None (b) An e-mail from Cornelia Humphreys announcing her resignat ion from the Keep Englewood Beautiful Commission was cons idered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO ACCEPT, WITH REGRET , THE RESIGNATION OF CORNELIA HUMPHREYS FROM THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION. Mayor Wolosyn asked if there was any discussion . Mayor Wolosyn said I also accept it with regret. Vote results: Moti on carried . Ayes : Council Members Barrentine, Mccasl in , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None 9 . Consent Agenda COUN CIL M EM BER W OOD WAR D MOVED, AND IT WA S SE COND E D , T O APPROVE CON SENT AGE NDA ITEM S 9 (a) (i), (ii), (iii), and 9 (b) (i), (ii), (iii). (a) Approval of Ordinances on First Reading (i) COU NCIL BILL NO . 20, INTRODU CE D BY CO UN CIL M EM BER W OO DWA RD A BILL FOR AN ORDINANCE AUTHORIZING THE ACCEPTA NCE OF A VICTI M ASSISTA NCE LAW E NFORCEME NT (VALE) GRANT FROM THE VICT IM ASSISTA NCE 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 ENGL EWOOD, BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE URBAN DRAINAGE AND THE FLOOD CONTROL DISTRICT . Englewood City Council June 5, 2006 Page 3 (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. (ii i) ORDINANCE NO . 16 , SERIES OF 2006 (COUNCIL BILL NO . 18 , INTRODUC ED 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 ) Re sol uti on s 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. COUNCI L M EMB ER MOORE MOVED , AND IT WAS SECONDED , TO OPEN THE PUBLIC HEARING TO GATH ER INPUT ON COUNC IL BILL NO . 16 , PERTAINING TO TH E NUMBER OF ANIMALS MAINTAIN E D AT A HOUSEHOLD OR PR E MIS ES . Ayes : Council Members 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 present ing this , so I am going to present for the record , Proof of Publ icat ion of the notice of this Public Hearing , wh ich was publ ished on May 19 , 2006 in the Eng lewood Herald . Th is was presen ted to the City Clerk . Englewood City Council June 5, 2006 Page4 Mayor Wolosyn sa id we have an ex isting rule that says we can have a total of four an imals 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 sa id just let me clarify that it will st ill maintain the total of four ... this is just chang ing t he 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 beh ind 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 six foot fence, you loose even more. And the dog park issue really supports that concept...that people don 't have enough room in thei r 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 argument 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 pupp ies , just the same as three old dogs . From personal experience , bringing in a th ird dog , when you have an old dog that is on h is 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 apprec iate having somebody com ing in and try ing to establish his spot in the pecking order . So , all in all , I th ink the idea of adding a third animal. .. it doesn 't matter ... a th ird 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 . Mayo r Wolosyn said thank you Don . Tom Henr itze sa id I've lived in Englewood for about fifteen years now . I appreciate the comments of a fellow cit izen . What I would want to stress is that how we maintain one dog or a dozen dogs is really what he was echo ing ... if you don 't pick up after your dog , if you are d iscourteous toward you ne ighbors , it doesn't matter how ma ny dogs there are . My opin ion is that the arbitra ry rule of two dogs as compared to three ... there are very , ve ry fe w homes that have e xactl y two dogs and two cats . The reason I am here is that I am very p ass ionate ab out it. I have recentl y lost two dogs and w e are starting ove r ... we have a pup py . 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 troub lesome to leave one dog from 7 in the morning until whenever you might get home at 7 , 8 , 9 or 10 o'cl ock at night. Two dogs is really, really a beautiful ba la nc e fo r them and it is a g reat ba la n ce for e ve ryo ne els e in the ne ighbo rh ood . However , when you do lose a dog ... because dogs onl y li ve 7 to 10 years depend ing upo n the ir size, it is very, ve ry difficult to go through the gyra t io ns of gett in g a noth er dog. So , w hat I have done in the past, and it has wor ked fabulously, is to in tro d uce a new puppy. We had a 10 year ol d who was very ol d and very arthritic . W e introduced a puppy, the puppy was very energetic and actually ad ded 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 ... I would hope . But I am very , very passionate . I think two dogs are absolutely fantastic . What I would ask of the Council is that I think a three dog limit gives you that very ability to accommodate people who really, really want to have on average ... for most of the ir li ves ... two dogs . There will be times in my life when I will have one dog , like right now. I will certainly get anothe r dog shortly , but there are times when it makes a lot of sense to have a th ird dog . So , rather than Englewood City Council June 5, 2006 Page 5 running up against. .. wha t I cons ide r to be an arbit rary rule wh ich is two dogs and two cats , wh ich 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 e ight dogs , ten dogs and not ask ing to not pick up feces for months on end . I do think that there are those expansions and contractions that happen in our families and in our lives and it makes a lot of sense to have the ability to not draw a hard line at two , so tha t we can actually expand to accommodate social changes and fam ily changes . Thank you . Mayor Wolosyn said thank you . Cindy Scott, an Englewood resident, said 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 people 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 ... I 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 think the real ity now is that there are many activ ities that you can do with your dog that become very important to you , but also veterinary science 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 po int that I wanted to make is I th ink in the general 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 C ity . And that concludes my remarks . Mayor Wolosyn said thank you Cindy, it is nice to see you . Ms . Scott said I haven 't been here , because we have been doing 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 ent ire t ime . One of them is a Wolf/Husky hybr id 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 . Akitas , of course , have a very strong propens ity for aggression , but since both of them are such intell igent 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 neighbors know and li ke them both very much and as far as being a nuisance to our env ironmen t. .. they are no t. They h ave been tra ined to not go to the bath room in the f ron t yard or in the grassy po rt io n of t he ba ck ya rd , 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 as difficult with the Akita, because hav ing a puppy under a mature dog ... basically , the mature dog does half of the work for yo u . Being abl e to introduce a third puppy fo r the ne xt fe w years, befo re the H usky pass e s on, would again decrease the amo unt of work and difficu lty it w o uld take to train that dog to the standard level that my two dog s are at now . Hav in g the opportunity to maintain that cul t ure of just socializati o n is critical and key , es pecially when it c om es to dog s th at a re as intelligent and stubborn as these two . So , the opportunity to keep that intact wou ld be treme ndo us for our household . I do understand that there are issues with barking and environmental pollu tion with h aving too many dogs , but I would have to say that I have seen those same pro bl ems with households w ho o nly h ave 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 this issue has some contentious points and those are usually brought to the surface by irresponsible people , with just a few of them ruining the opportunity for the rest of us who are very responsible . Coincidentally, all of the people who I have spoken to about th is issue , the ir response has been the same thing . This is great. I could in troduce a puppy before my older dog passes on and all the benefits that go along with it, they would be able to benefit from . I don 't think that many people want to have three dogs for long term . I Englewood City Council June 5, 2006 Page6 would have to get bigger vehicles 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 commitment. 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 earlier, 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 responsible 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 away 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 think 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 owners 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 might 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 perhaps there could be a fee for people who want to keep three dogs to really make it a personal pain to them to understand the responsibility of having to take care of those . So , I just threw in a couple of comments based on what I was hearing other people talking about. Thank you . Mayor Wolosyn asked if there was anyone else who wanted to speak during the Public Hearing . There was no one . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO CLOSE THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 16, PERTAINING TO THE NUMBER OF ANIMALS MAINTAINED AT A HOUSEHOLD OR PREMISES . Mayor Wolosyn asked if there was any further discussion . There was none. Vote results : Ayes : Council Members Barrentine, Mccaslin , Moore, Wolosyn , Woodward , Tomasso , Oakley Nays : Non e Mot ion carried and the public hearing closed . Council Member Barrent ine said since there was some confusion , would you just say what the next step is after the Public Hearing , since obv iously there was confus ion 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 Pennsylvan ia Street Senio r 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 pertains to the South Pennsylvania Street Senior Housing Planned Unit Development. It is a request by the Englewood Housing Authority to rezone the ir 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 w ith one condition . And that condition is that prior to any build ing perm its being issued , that the three propert ies on the east s ide of South Pennsylvania Street be comb ined 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 Pennsylvan ia 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-Reta il District. The PUD ordinance provides for rezoning of the s ite 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 s ite . There are two parts of the PUD . The first part is the D istrict Plan , wh ich sets the regulations ... the actual zone distr ict regulations . And the other part is the S ite Plan and that sets the s ite design and requirements . The PUD is being requested , even though the multi-unit residential use is allowed in the MU -R-3-B d istrict , the request is to rezone the site, so that additional un its may be built on the s ite , 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 par kin g lot. By way of background , the appl icant conducted a ne ighborhood meeting on January 19 , 2006 . That was a pre-applicati on required meeting and two area residents attended that meeti ng . The actu a l 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 o n April 18th and the Co mmi ssion recommended approval with four conditions . The original co nd iti o n, that you see state d here toni ght, and three additional conditi o ns . T wo of those have al rea dy been met by the appli cant and tho se wer e j ust ed iting and correction to the Site Plan document. The third condition was also addressed and tha t was a co nd iti o n that o ur Traffic Engineer revie w , again, the poten t ial for a mid-blo ck pede st r ian cro ssi ng . J us t to go o ver that. .. the Traffic Engineer reviewed and determined again ... maintained his o riginal recommendati o n that a mid-block crossing was first, too close to the intersection of Pennsylvania and the High way and the st o p ping d istance 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 wait ing to cross , they may not be able to see cars that would be turning from Highway 285 . Also , if a mid-block crossing is put in, it loses parking space on the street and would affect residents 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 aga in , depend ing on any incident history . But , at th is time , he would ma intain his original determination that a mid-block pedestrian crossing did not meet safety standards . So , just one cond it ion, 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 subsid ized 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 res idential units .. .40 units that are one bedroom units and 22 two bedroom units. It is a five story bu ilding that is planned at 60 feet , all on the east s ide of Pennsylvan ia . 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 ha ir dressers , gift shops ... but the way the ord inance reads , it says ... for the convenience of tenants . What the Housing Authority is request ing 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 proxim ity 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 commerc ial uses . Th is commercial use would only be for the west parcel. The east parcel would remain as the res idential use . The Commun ity 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 qual ified senior housing and it conforms to City development standards . Therefore , Commun ity Developmen t recommends approval, w ith the cond iti on that the propert ies on the east parcel be combined into a s ingle 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 res ident, said I am grateful for the opportun ity to address the Council. I am here as the Chairperson of the Eng lewood Hous ing Authority and here to represent the entire Board of Directors . I am here to support this request for a Planned Unit Development rezon ing for our proposed Sen ior development at the corner of US 285 and South Pennsylvan ia and to thank you also for waiv ing the perm it and developmen t fees appl icable to the PUD re zon ing . Than k you very much . We app reci ate your generosity in that ma tter . Our proposed develop ment is a fabulous five sto ry , with 62 un it res idences , wh ich will be affo rdabl e to lower and mode rate inc ome se ni o rs . We are very lu c ky ton ight to have ou r a rc hi tect. .. we t h ink he wal ks on water . 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 Board wishes to reiterate our appreciation of our cooperative working 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 partn ership . W e appreciate it. Mayor Wolosyn said thank you Shelley. (C lerk's Note : Mr. Odell was using a slide presentation as he was describing the development.] Otis Odell with Odell Architects said also here tonight is Lee Mason , an Assoc iate with our company and the project manager for this development. We appreciate the opportunity to present th is to you tonight. Maybe some of you have heard the statistic in our country, every 8 seconds a baby boomer turns 60 . We have been in volved in over 3 ,000 un its of affordable hous ing and we are very close to th is issue of affordable housing and senior housing . We recognize the need locally , as well as nationally . So th is facility is being des igned to provide 62 units of age restr icted and affordable housing to accommodate that portion of the aging population Englewood City Council June 5, 2006 Page9 that calls Englewood home . It is being designed with that population in mind . 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 Tricia mentioned, we are meeting the parking requirements of the City of Englewood. The building 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 community garden at the southern edge of the site ... an opportunity for the residents to garden . We have used this idea, this cor:icept , in another senior housing development and it has proven to be extremely successful in terms of bringing 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 building . A couple of points that we wanted to make about the design ... 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 meeting 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 . This is the proposed development at this location. You can see that next door there is a building of similar 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 neight"lor 0 0 d s we get to a smaller scale building here, our building tends to step down to the east and meet that building nd also create opportunities for sunlight to get into all the units as it steps down . Mr. Odell said 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 given careful consideration for how it fits into the scale and massing of the existing context. Very quickly, what we developed here is a U-shaped plan, minimizing the corridors, putting the stairs on the inside so that they are not taking up the exterior wall, capitalizing on all the glass that comes into the units, creating more livability within those units, and then using the opportunity, where the corridors intersect, to create more public or common space for the residents . A simple idea . The building materials really helped articulate the massing and the scale . We have a combination of materials ... prominently on the west elevation ... toward Pennsylvania ... is brick . And then we are also using stucco and siding as other exterior materials . You can start to see how exterior decks also break up and articulate the exterior. The main body of the building is actually at 58 feet. Just below the 60 foot height 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 with the tree plantings, along both 285 and Pennsylvan ia, we create a significant pedestrian experience that is enjoyable at the street level. Here you can see the stair that I was talking about, as it comes up to provide roof access . So this is from the southeast. .. 285 ... in the alley ... and again you can start to see how the building steps giving opportunities for light to penetrate into the units and really responding to some of the context on the adjacent parcel. As we th ink about and listen to the Planning Department of the City of Englewood talk about this idea of sub-area plans, this is truly an infill project and from the standpoint of community planning and the community 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 . Mayor Wolosyn asked if anybody had any questions . Englewood City Council June 5, 2006 Page 10 Council Member Barrentine said as I'm looking at this now ... I would be looking across the street from Hampden? Mr. Odell said correct. Ms. Barrentine sa id 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 o r 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 requ irement for parking for the residential build ing . Ms . Barrentine said so it is not going in at the same time, we are not doing any reta il 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 th is portion right here covers the parking structure and there is no liv ing units below it , so it occurs at the second level. Ms . Barrentine said okay . Mr. Odell said that is the bas is for the U-shaped plan . Ms . Barrent ine said okay. Mr . Odell said 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 Publ ic 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 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: No ne 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) A pproval of Ordinances on Firs t Reading (i) Director Kahm presented a recommen dation from the Department of Public Works to adopt a bill for an ordinance auth orizing an Inte rgovernmen tal Agreem ent between the Colorado Department of Transportation and the City of Eng lew ood that pertains to fi nancial commi tmen ts re lated 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 w as 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 this most recent program . That money would be available for design in 2007 and construction probably in 2008 . The scope of the project is , basically , to reconfigure the existing medians on South Englewood City Council June 5, 2006 Page 11 Broadway. We would add raised landscape planters , very s imilar to wha t we bu il t on the north end of Broadway between Yale and Hampden, with some landscaping and irrigation . The project is an enhancement project. Typ ically , those are funded on an 80/20 match with the Federal government and in this part icula r 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 . Aga in , 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 mainta ining landscap ing . We will min imize 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 discuss ion . 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 add itional items subm itted for approval on se cond reading . (See Agenda Ite m 9 -Consent Ag e nd a.) (c) Resolutions and Motions (i) Director Kahm presented a recommendation from the Department of Public Works to adopt a resolution supporting the Englewood Env ironmental 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 De la ware and Chero kee . As the project came to fruiti o n, the developer reded icated 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 w ere 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 Env ironmental Foundation ... we inherited it. So we got to looking at it and w e also rea lized that for the past , roughly , 40 years , the south end of Cherokee Street , just north of Floyd , wh ere we have a traffic signal and all , and the alley access po int that goes across that paved park ing area and th e s idewa lk on the other side of Floyd ... were on EEF property and not on the City r ight-of-way. It was never rededica ted . So , at thi s ti me wh at w e a re ask ing to do is support EEF in ded icat ing that Cherokee Street r ight- 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) D irector 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 conj unction with the previous piece , a couple of years ago Mr . Gilson , who lives at the corner of Floyd and Delaware , approached us about just want ing 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 look ing at it and discussing it with him , what he has on the south side of his property is th is narrow triangular asphalt piece of property. With some discuss ions , he became curious as to whethe r or not he couldn 't do something w ith 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 w ith 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 h is yard .. .fence it and ma inta in it. What we are propos ing is , a li cense that starts out with a three year term and then would be renewable annually, assum ing th ings are going wel l. Mayor Wolosyn asked if there we re any questions . Council Member Woodward sa id I dro ve by that s it e today and I am j ust curious , as yo u sa id , it is all pavement. Do yo u kn ow w hat he inten d s to do with t hat? Mr . Kahm sa id I do . Mr . Woodwa rd sai d I under stand he is go ing 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 discuss ion ... 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 wha t that fence ordinance actually requires , but he will lower that down . And then on the inside of that he will landscape it , he will sod it and it w ill become part of his yard . Mr. Woodward said he will la ndsca pe it a nd what? Mr. Kahm sai d landscape it an d put sod in . Mr . Woodward said o kay , so t hen he inten ds to re move th e as ph alt? M r . Ka hm sai d in the orig ina l d iscussion with him , EEF is going to remove the asphalt and as a c o nd iti on of this , he will absorb the sidewalk o n Floyd Avenue as part of the concrete utility program . Mayor Wolosyn asked if there were any othe r questions . Coun cil Member Woodwa rd sa id so we 've got a s ix foot privacy fence running the distance from , basically , hi s gara g e , going to the south a nd then back to Delaware ... is what I hear? Mr . Kahm said it w ill stop short of Dela w are becau se of th e site tr ia ng le at Delaware . Mr . Woodward sa id okay. COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED , TO APPROVE AGE N DA 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 w ith it. Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin, Moore , Wolosyn, Woodward , Tomasso, Oakley Nays : None Mayor Wolosyn sa id thank you . 12 . General Discussion Englewood City Council June 5 , 2006 Page 14 (a) Mayor's Cho ice (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 simple . 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 th is general web s ite and then Leigh Ann di rects 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 d irect 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 ... I personally would choose that if ... I 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 City 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 sa id are you making that a Council request? Mr . Woodward sa id that would be a reques t 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 mistaken 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 privacy. 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 tha t person directly. 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 circumstances . And that is wha t, indeed , opened this whole discuss ion, because I d id thin k th ings came directly to me , but since they went through the web , and she is the web maste r , 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 ... l have my e-mail, my direct line there , so as long as it would give them the option to say ... if you want to send this directly to them, that they know and if otherwise ... She said I am not talking about his situation, I am talking about w hat other co mments that have been made . There are people who did not feel comforta ble using it, once they found out. Council Member Woodward said there can still be the option on the web 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 anybody, then I want to know that I press that button and I'm sending 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 (i i) Mayor Wolosyn said Gary and I were talking and he po inted out an article in Colorado Municipal ities 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 g ive 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 ... I 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 th is 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 w ith 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 th is is available to them . I am sure we couldn't affo rd 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 sa id 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 alternat ives , or companies or styles or whatever we use and I would like to get it all at one time , at one meeting . Council Me mbe r Woodward said I think Publ ic Works an d Code Enforcement.. .And, May o r Wolosyn said, ju st 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 W o losyn said that is a good idea Ray . Council Member Oakley sai d I hav e been wai tin g for an opportuni ty to ta lk a bo ut graffiti , so I am tota lly , heartily support that. 13 . Ci ty Manager's Report City Manager Sears did not have any matters to bring before Council. 14 . Ci ty Att o rn e y '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 . Objec tive Unscheduled Public Comments The Englewood City Council Meeting Monday, June 19, 2006 I wish to commen~ en Agenda Item: , Council Bill No. 7, Southgate/ South Arapahoe lntergovemmentai 1\r;r em ent for Reimbursement. Introduction I am Thomas J. Cassidy of 7726 South Hudson Court in Centennial, Colorado and the individual that brought to light the billing errors for the sanitation districts. While I am not an attorney, I have done my best to research the applicable law. (fhanks to "LexisNexis") Should anyone be interested I have with me copies of all of those Statutes and annotations referred to hereunder. Comments 1.) The Sanitation District billing error was brought to the attention of the Englewood Utilities Department by me on September 26, 2005. Now after some NINE months including the FORTY- NINE days of revisions since it was first to be presented to council we have a disgraceful and downright insulting document being presented to council. I think it would have 6een nice if some attempt had been made to notify and solicit input from the overcharged parties or anyone else prior to now, but instead we were stonewalled. This was even to the extent that it was declared that the publics business was in fact NOT the publics business and CRS 24-6-201, et seq. did not apply. Would Council be kind enough to instruct the City Attorney to provide me with copies of the minutes to these closed meetings includil!&_ the signed statements from the representing attorney and the Chair as per CRS 24-6-402 (2)(d)(IO? 2.) The three organizations of Englewood Utilities Department (EUD), Southgate Sanitation District (SSD) and South Arapahoe Sanitation District (SASD) has allowed this fiasco to go on for twelve years and now expect us to have faith in their abilities to propose a fair, equitable and accurate resolution. I believe what they are proposing in the City Ordnance under consideration is shamelessly self-serving and should be rejected by Council and returned with instructions as to how Council wants it changed in order to gain their approval. May I suggest that someone take the time to~ CRS 24-10-102 and annotations, and then remove paragraph 8, as I find it insulting to our intelligence. While your at it also take out paragraph 6. 3.) At the Englewood Water and Sewer Board meeting of8 November 2005 I strongly suggested to the Director of Utilities: A. They obtain an independent auditor (CPA) to determine the scope and monetary impact of this problem on each property. B. Prepare to pay total mischarrs plus interest compounded. (Such as Prime rate Plus four percent C. Come up with a plan to find all previous owners/residents that were damaged. D . Plan to tum over to the State Treasurer any unclaimed funds Including interest. Obviously I was ignored all of the above . But I tried. 4.) Any reasonable person would question the claim SSD seems to have made on the funds collected and held by SASD. Funds which unquestionably and rightly belong to the overcharged parties. The burden should be on SSD to prove any claim they think they may have on these funds, which clearly they haven't. Furthermore it should have been South Arapahoe, the original holder of the funds that shou ld be required to assume the role of trustee per CRS 15-1.1-105 "A trustee shall invest and manage the trust assets solely in the interest of the beneficiaries as opposed to acting for the trustee's own interest or that of third parties." Since SASD has already turned these funds over to SSD, they should be instructed to return them to SASD posthaste. Should SSD persist in this matter they shouldbe informed to provide a District Coun Order releasing the ~nds to them. Couldn't one even question as to why they would require any compensation at all smce they have managed to forgo collection for twelve years and suffer no ill effects. Clearly if they wish to make a claim for their uncollected fees, it should be with the property owners directly. ~ut t~en ~~!1 they are probably famili~ w~t~ CRS 13-80-102 which clearly limits any recovery of unpaid utilities charges due to an error m billing procedure" to two years (not twelve), since the "plaintiff knew, or should have known by the exercise of reasonable diligence." 5.) To go into any details about Exhibit A is a waste of time. The presentation is unbelievably bad (unless the intention was to make it unverifiable). There are factors that have obviously been omitted that make it extremely difficult, if not impossible for even a CPA to resolve. And the interest rates shown are not in accordance with the Colorado law CRS 5-12-102 (See #6) Funhermore the numbers from SASD did not even agree with Englewood Utilities Numbers on 17 April 2006 . All three patties (City of Englewood, Southgate and SASD) "have reviewed Exhibit A and consulted their own records and agree that SASD's calculations are accurate and based upon appropriate assumptions and principles." If this review was done by the same persons responsible for the eighty-four (84) errors perpetuated for twelve (12) years, I am not convinced anyone can have confidence in the accuracy. There is a definite need to bring in an independent CPA for a complete audit, top to bottom. 6.) The proposed interest to be paid to the injured patties for monies wrongfully collected is not in compliance with CRS 5-12-102. Statutory Interest. The interest due is plain and unambiguous, as well as a matter of equity under the doctrine of unjust enrichment. Trip v. Cotter OJrp., 701 P .2d 124,126 (Colo. App. 1985). Since no specific rate of interest due the plaintiff or defendant was set forth by either party. Accordingly, Plaintiff are entitled to summary judgment to the statutory interest of cight percent ~ annum. comoounded annuall~, on the money wrongfully withheld. Someone just might want to look into "Moratory lntere;i since it has been allowed in Colorado for more than 100 years. 7.) Clearly the proposed disposition of unclaimed funds to SSD (5th Whereas on page 1) is contrary to CRS 38-13-101'134 "The Unclaimed Property Act". I suggest that someone pay dose attention to the requirements and also the penalties for non-compliance in CRS 38-13-127. Someone might want to check as to whether a Form B needs to be filed no later than 30 June of this year. 8.) I am very disappointed, in light of my talks with Mr. Fonda that there is as yet no detailed plan for the disbursement of funds, other than an obtuse reference to "Disbursement of Funds in accordance with the approved protocol" in 3(e) [has anyone on Council any idea just what this means?] There is also the question of a plan for locating those due refunds but have left the area. I am also curious as to whether the names of the payees over the years are available? Are the Englewood Utilities records complete? 9.) Can I be assured that these (SSD&SASD) districts have complied with CRS 29-601/604 mandating an annual audit by an independent certified public accountant (CPA) licensed to practice in Colorado, and that I may obtain a copy of the audits for 2005? IO.) Should any oft~ ~Homeys be present that I have been told had approved this document, (and now in this latest ,•:rsion I can see lawyers "fingerprints") many times by the involved utilities Directors and others, all I can say is "SHAME ON YOU" 11.) I respectfully impeach the Council not to approve this ordinance in haste but to take their time and question as to whether they have been presented with not only a fair and equitable document but one that meets the .inttn1 of the law. Thank you for your kind attention. ORDINANCE NO. SERIES OF 2 006 BY A U THORITY C O UNCIL BILL NO. 2 0 IN TRODUCED BY COUNCIL MEMBER WOODWARD 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 Servi ce Department applied for fundin g under the VALE Grants Program to be used for funding the Victim /Witne ss 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 prev iousl y applied and been granted VALE Grants for the y ears 1990 throu g h 2 005 ; and WHEREAS, the staff seeks Council support for an Ordinance acceptin g a 2006 VALE grant funding in the amount of $16,42 0 , for the period of Jul y I, 2 006 to June 30, 2007 ; NOW, THEREFORE, BE IT ORDAINED BY TH E C ITY CO UNCIL OF THE C ITY OF ENGL E WOOD, C OLORADO, AS FOLLOWS : Sec tion I . The C ity Council of the C ity of Eng lewo o d , Co lorado he re by auth o rizes the acceptance of the VALE Grant and accompany in g intergo vernm e ntal a g reement, a copy of which is marked a s ·'Ex hibit A " and attached hereto . Section 2 . The City Manager, the Director of Safety Services and the Director of Finance/ Administrati ve Services are hereby authori zed to s ign said VALE Grant and accompany ing interg overnmental ag reement on behalf of the C it y o f Englewood. Introdu ced , read in full , and passed o n first readin g o n th e 5th da y of Jun e, 2 006. Publi s he d as a B ill fo r a n Ordina nce o n t he 9th d ay of Jun e , 2006 . Read by tit le and pas sed on final readin g on the 19th day of June, 2006 . Pub lis hed by ti t le a s Ord inance No . _, Series of 2 006, on the 2 3rd day o f June, 2006 . O lga Wo lo y n , May or ATT ST : Lo uc ri s hia A . E lli s, C ity C le rk CJ bi 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 VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD CONTRACT Pursuant to the Assistance to Victims of and Witnesses 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 181 h 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 Assistance 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 recipient and are incorporated into this contract as if fully set forth herein . (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 VALE Board will provide Financial Reporting Forms . Grant recipients are required to use these forms. (4) The gran t recipien t is re quired to su bm it Program Repo rt s on : January 31, 2007 a nd July 31 , 2007 for funding for 200 6/2007. These reports must address any special conditions that are listed in this contract. The report d ue on July 31, 2007 shall be the year-end report . It shall sho w totals for the entire year and must address any special co nditions that are listed in this contra ct. The VALE Board will provide Program Reporting Forms . Grant recipients are re quired to use these forms . I! 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 obta i ned 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 , 2 007 to the VALE Bo ard if t he grant rec ip ie nt will have any remain ing f unds at the end of th e gra nt p eriod . 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 reques t s sha ll include : The amount of remaining funds How the funds wi ll 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 subm it 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) T he f unds granted by th is contract for Vict im Services shall be disbursed in quarterly installments pendi ng VA LE Board ap proval of a ll 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. cy.ct~ Date ~ /q }()? --, _.....,,f---C.--1.--- Chris Olson, Safety Services Director Date ------------Financial Officer 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 position , authoriz ed to enter into contracts for the grant recipient. This could include : Mayor or City Manager , Chairperson of the County Commissioners , Distr ict 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 rela ted to the program and who has responsibi lity 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 Authorize d Official or the Project Director. Project Director: The person who has direct responsibility for the implementation of the project. This person should com bine knowledg e and experience in the project area with ability to administer the project and supervise personnel. He/she shares responsibility with the financial Office for seeing that all expenditures are withi n the approved budget. This person will normally devote a major portion of his/her time to the project and Is responsible for mee t ing all reporting requirements . The Project Director must be a person other than the Authorized Official or the Financial Officer. ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL MEMBER WOODWARD 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 FLOOD CONTROL DISTRICT. WHEREAS, the Englewood City Council authorized the City to apply for Federal funds under the Transportation Equity Act for the 21 '1 Century (TEA-21) by the passage of Resolution No. 43 , Series of 2002; and WHEREAS, the Englewood City Council approved an Intergovernmental 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 Resolution No. 88 , Series of 2003 accepting a 99-year License Agreement for the trail from South Slope Condominium Association; and WHEREAS, the Englewood City Council approved by Motion to award a Construction Contract for Phase I Trail Improvements on March I , 2004; and WHEREAS, the passage of this Ordinance authorizes the Intergovernmental '"Agreement Regarding 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 responsibilities and financial commitments related to the acquisition of easements and construction of the Big Dry Creek Trail between Lehow Avenue and Broadway· NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The Intergovernmental Agreement between the City of Eng lewood, Co lorado and the Urban Drainage and Flood Control District that defines responsibilities and financial commitments related to the acquisition of easements and construction of the Big Dry Creek Trail bet\\een Le how A e nue and Broadway. attached as ·'Attachment I '', is hereby accepted and approved by the Eng le , ood City Council. ection 2. The Mayor is authorized to execute and th e ity C lerk to attest and sea l th e lntcrgo ,ernmental Agreemen t for and on behalf of th e ity of ngle\\ood, Colorado . Introduced, read in full . and pas ed on first reading on the 5th day of June. 2006. Publbhed a a Bill for an Ordinance o n the 9th day of June. 2006 . 9 b ii Read by title and passed on final reading on the I 9th day of June , 2006. Published by title as Ordinance No._, Series of 2006 , on the 23rd day of June, 2006. ATTEST: Olga Wolosyn , Mayor 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 m 0 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 DISTRICT (hereinafter called "DISTRICT") and CITY OF ENGLEWOOD (hereinafter called "CITY") and co1Jecti vely known as "PARTIES"; WITNESSETH: · WHEREAS, DISTRICT, 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 ca1Jed "PROJECT"); and WHEREAS, DISTRICT 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 , DISTRICT has heretofore adopted a Spec ial Re venue Fund Budget for calendar year 2006 subsequent to public hearing (Resolution No . 67 , Series of 2005) which includes funds for PROJECT; and WHEREAS, DISTRICT'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 DISTRICT have authorized, by appropriation or resolution, all of PROJECT costs of the respective PARTIES . NOW , T HEREFORE, in con si deration of the mutual promises contained herein , PARTIES hereto agr ee as fo 1Jo ws: 1. SCOPE OF AGREEMENT This Agreement defines the responsibilities and financial commitments of PARTIES with respect to PROJECT . 2. SCOPE OF PROJECT A. B. Property Acquisition . PROJECT sh all inc lude the property acquisi t ion in accordan ce with the recommendations defined in PLAN. Specifically the property acquisition shall extend from Lehow A venue to Broadway A venue . onstruction . PROJE T sha11 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 . e •1mn1 51201 A t t a C h m e n t 1 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 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 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 and 4 of this Agreement: Percentage Maximum Share Contribution DISTRICT -SRF 25 % $ 50 ,000 DISTRICT -Preservation 25% 50 ,000 CITY 50% 100,000 TOTAL 100% $200,000 In accordance with Resolution No. 11, Series of 1973 and Resolution No. 49, Series of 1977, the cost sharing shall be after subtracting state, federal, or othe r sources of fundi ng, excluding any contribution from DISTRI CT. However, monies CITY may receive from the payment in lieu of taxes for Federal funds, Federal Revenue Sharing Program, Federal Community Development Program , Impact Assistance Funds or such similar discretionary programs as approved by DISTRlCT's Board may be considered as and applied toward CITY's share of PROJECT costs . DISTRl T , upon presentation of a billing by CITY for work accomplished, shall remit within 30 da ys 50% of that portion of the billing attributed to right-of-way , trail and bridge improvements to ITY up to a ma ·imum amount of $100 ,000 plus interest accumulated on DISTRICT's share of funds . DISTRJCT participation shall be limited to the improvements associated with maintenun c 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 r e p n ible fi r same. It is specifically understood that the right-of-way is being used for drainage and fl o d control purposes. The properties upon which PROJECT is constructed shall not be u cd for any purpose that shall diminish or preclude its use for drainage and flood control purpo c . ITY ma 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 PROJ T i constructed pursuant to this Agreement; changes the use of any portion or all of the propert1e 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 1s c n tru ted pursuant to this Agreement; and CITY has not obtained the written approval of I TRJ T prior to such action, CITY shall take any and all action necessary to reverse said unauthori ze d a ll ity and return the properties and improvements thereon, acquired and constructed pursuant to thi Agreement, to the ownership and condition they were in immediately prior to the unuuth nzed activity at CITY's sole expense. In the event CITY breaches the terms and pr vi i n of th is Paragraph 6 and does not voluntarily cure as set forth above, DISTRICT shall hav e the right to pursue a claim against CITY for specific performance of this portion of the Agreement. PARTIES shall, prior to the recording by CITY of any document transfcrrin • titl e or another interest to property acquired pursuant to this Agreement to CITY, execute a memorandum of this Agreement (Exhibit B), specifically a verbatim transcript of Paragraph 6 . ~.:..&,.:. .............. ~.x.L. PROPERTY AND LIMITATION OF USE except for this sub-paragraph wh1 h hall not be contained in the memorandum. The memorandum shall referen ce by I ga l d ripti n the property being acquired by CITY and shall be recorded in the records of the Jerk and R corder of Arapahoe County immediately following the recording of the docu men t tr an ·ferring title or another interest to CITY. 7. MANAGEMENT OF CONSTRUCTION A. Costs . Construction costs shall consist of tho se co st as in curr d by the lowe st acceptable bidder(s) including detour costs, licenses and pennit , utility rel at1on , and construction related engineering services as defined in Paragraph 4 of thi Agrcem nt. B . Construction Management and Payment I. CITY, with assistance and approval of DI TRI T , hall advertise for construction bids; conduct a bid opening; prepare construction c ntract docume n ts; and award construction contract(s). 2. C g111111 t\O 120 I CITY shall require the contractor to provide dequ te liability insurance that includes DISTRICT . The contractor shall be required to ind mnify DISTRICT . Copies of the ins ur ance cover age shall be provi ded to DI 'Rl T . 3 3 . CITY shall coordi nate field surveying; staking; inspection; testing; acquisition of right-of-way; and engineering as required to construct PROJECT. CITY, with assistan ce of ISTRl CT, shall assure that construction is performed in accordance with the constr uction 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 DISTRICT 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 alJ 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, includ ing interest earned on those funds, unle ss and until the additional funds needed to pay for the added costs are committed by all PARTIES . 8. MAINTENANCE PARTIES agree that CITY shall own and be responsible for maintenance 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 availability of DISTRlCT 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 ediment, repairing drainage and flood control structures such as drop structures and energy di ssi paters, and clea n-up measures after periods of heavy runoff. The specific nature of the \ck • f1 m111\ll . I :?01 4 maintenance assistance shalJ be set forth in a memorandum of understanding from DISTRICT to CITY, upon acceptance ofDISTRICT'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. 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. PARTIES 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, DISTRICT may exercise its power to do so and CITY shall cooperate fully. 10 . TERM OF AGREEMENT The term of this Agreement shall commence upon final execution by all PARTIES and shall terminate two years aft.er the final payment is made to the construction contractor and the final accounting of funds on deposit at DISTRICT is provided to all PAR TIES pursuant to Paragraph 5 herein, except for Paragraph 9 . FLOODPLAIN REGULATION, Paragraph 6. OWNERSHIP OF PROPERTY AND LIMITATION 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 law resulting from its own acts or omissions and may insure against such possibilities as appropriate. 12 . CONTRACTING OFFICERS AND NOTICES A. The contra cting officer for CITY shall be the City Mayor, 1000 Englewood Parkway, Englewood, Colora do 80110. B . T he contracting officer for DISTRICT shall be the Executive Director, 248 0 West 2 6th Avenue, Suite 156B, 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 PARTIES 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 said PARTIES in aJI matters related to PROJECT undertaken pur suant to this Agreement. Each representative shall coordinate aJI 5 PROJECT-related issues between PAR TIES , shall attend all progress meetings , and shall be responsible for providing all available PROJECT-related file information to the engineer upon request by DJSTRJCT or CITY. Said representatives shall have the authority for all approvals, author izations, not ices or concurrences required under this Agreement or any amendments or addenda to this Agreement. I 3 . 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. I 4 . 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. I 5. 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 . I 6 . ASSIGN ABILITY 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 th is Agreement. I 7. BINDING EFFECT The provisions of this Agreement shall bind and shall inure to the benefit of PAR TIES hereto and to their respective successors and pem1itted assigns. I 8. ENFORCEABILITY PARTIES hereto agree and aclmowledge th at thi s Agreement may be enforced in Jaw or in e quity, by d ecree of s pec ifi c per form ance or dam age s , or su ch other legal or equ itable relief as m ay b e available subject to the provisions of the Jaws of the State of Colorado. I 9 . TERMINATION OF AGREEMENT This Agreement may be terminated upon thirty (30) day's written notice by any of PARTIES, but on ly if there are no contingent, outstanding c on tracts . If there are conti ngent, outstanding contrac ts, this Agreement may onl y be termi n ated upon mutual agreement of all PARTIES and only upon the cancellation of all contingent, o ut stan d ing 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 DISTRICT 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 DISTRJCT. 23. 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 PAR TIES 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 signatories as of the date and year first above written . (SEAL) ATTEST: es rmnt\OS 1201 7 URBAN DRAINAGE AND FLOOD CONTROL DISTRICT T itle Executi v e D irect or Date _____________ _ (51:'.AL) ATl EST : APPRO ·DAS TO l·ORM· 1ty Attorney 1-, •'llllll,I ii. 20 1 8 ClTY OF £:. GL.1:. WOOD By _____________ _ T i tle ------------- 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 ACQUISITI ON 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-gov ernmental 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 unrecorded , however PARTIES have agreed in AGREEMENT to (__ record this MEMORANDUM in the records of the Clerk and Recorder of _________ _ State 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 equally (up to a maximum of $ e ach) in the cost of the construction of drainage and flood control improvements for ------ within CITY boundaries which include --------------- ----------------------------(hereinafter called "P RO JECT"); and WHEREAS, construction of PROJECT may require the acquisition by CITY ofreal property; and 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 tem1s and conditions of AGREEMENT an d in particular Paragraph 8 of AGREEMENT; and WHEREAS, Paragraph 6of AGREEMENT provi des in appropriate part as follows: "7. OWNERSHIP OF PROPERTY AND LIMITAT ION 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 wh ich 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 voluntarily 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 pro visions of AGREEMENT, including but not limited to Paragraph 6 of AGREEMENT set forth v erbatim 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 au thorized signatures as of the date and year 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 ST ATE OF COLORADO ) ) ss. Title. ____________ _ Date. ____________ _ RECOMMENDED AND APPROVED: REGISTERED AND COUNTERSIGNED: By ____________ _ CITY AND COUNTY OF DENVER) Subscribed and sworn to before me this------day of _______ , 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 Expires-------------- STATE OF COLORADO ) ) ss. ) Subscribed and sworn to before me this------day of _______ , 20_, by COUNTY OF ______ _ WITNESS my hand and official seal. (SEAL) Notary Public My Commission Expires-------------- ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 22 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED AGREEMENT REGARDING DESIGN AND CONSTRUCTION OF MAINTENANCE IMPROVEMENTS TO WEST HARV ARD GULCH, CITY OF ENGLEWOOD, BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT. 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 , I 07 ,377 for the project which includes the City of Englewood 's contribution of $88 ,000 which has been previously budgeted ; and WHEREAS , the passage of this Ordinance authorizes the Intergovernmental "Agreement Regarding Design And Construction Of Maintenance Improvements To West Harvard Gulch , City Of Englewood" between the Urban Drainage and Flood Control District 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 I . The Intergovernmental Agreement between the City of Englewood, Colorado and the Urban Drainage and Flood Control District that defines responsibilities and financial commitments related to the construction of the West Harvard Gulch Trail, attached as "Exhibit A", is hereby accepted and approved by the Englewood City Council. Section 2 . The Mayor is authorized to execute and the City Clerk to attest and seal the Intergovernmental Agreement for and on behalf of the City of Eng lewood, Co lorado. Introdu ced , read in full , and pa ssed on first reading on the 5th day of June, 2006. 9 b iii Published as a Bill for an Ordinance on the 9th day of June , 2006. Read by title and passed on final reading on the 19th day of June, 2006 . Published by title as Ordinance No. _, Series of 2006 , on the 23rd 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 pa ssed on final reading and published by title as Ordinance N o . __ Series of 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 32-1 l-217(1)(C), Colorado Revised Statutes 1973 to authorize DISTRICT to levy upto 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 of 2005); 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; an d 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 : 1. SCOPE OF AGREEMENT This Agreement d efi nes the responsibilities and financial commitments of PARTIES with res p ect to PROJE T . I! X H I B I T A 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 rel a ted 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 a s defined in Paragraphs 2 and 4 of this Agreement: DISTRICT CITY T OTAL M ax imum Contribution $ 87,000 $ 88,000 $175 ,000 Pay me n t of CIT Y's share ($88,000) sha ll be made to DISTRICT s ub sequent to execut io n of t h is Agreement and within 30 days of re qu est fo r pay ment by DIS TRI CT. DIS T RI CT's share ($87,000) has al ready been placed in the s pecial fund accoun t set up for PROJECT. T he pay me nts by PARTIES s hall be held by DISTRI CT in a spec ia l fu nd to pay for increments of PR OJECT as a uthorized by P ARTIES, and as defined herein. DISTRI CT shall provide a period ic accounting of PROJECT funds as well as a periodic notification to CITY of any unpaid obligations . Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund established by 6 . (_ DISTRICT for PROJECT and such interest shall be used only for PROJECT and will not require an amendment to th is 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. 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 . E. 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. 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 ele ctronic copy of the plans and specification s shall also be provided. G. DISTRICT shall be responsible for acquisition of all local, state an d federal permits as needed . H. In the event that it becomes necessary and ad visable to change the scope or detail of the work to be pe r formed u nder th is Agreement , s uc h c h anges s ha ll be rejec ted or a pproved in writing by the contrac ting officers. No des ign ame nd me n ts s ha ll be approved th at in crease th e r.osts beyond the funds avai lable in the project fu nd , inc lud in g in terest earned on those funds, un less a n d u n til the add ition a l fund s need ed to pay for th e added costs are committed by all PARTIES by amendment to this Agreement. 7 . MANAGEMENT OF CONSTRUCTION A. Costs . Construction costs shall consist of those costs as incurred by the lowe st 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 . C. Construction Management and Payment 1. DISTRICT shall administer and coordinate the construction-related 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 that 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 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 th ereto. Copies of all inspection reports shall be furnished to CITY as requested . 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 prepare partial and final payments. DISTRICT shall remit payment to contractor based on approved billings . 7 . DISTRICT shall pre pare and issu e all written change or work ord ers to the contract doc um ent s. 8 . PARTIES shall jointly conduct a fi nal inspection and accept or reject the completed PROJECT in accordance with the contract documents . 9 . DISTRICT shall provide CITY a set of reprod ucible record drawings if requested . Construction C han ge Orders. In the event that it becomes necessary and advisable to c hange th e scope or detai l of th e wo rk to be pe rfo rm ed und er the con tract(s), such ch anges s ha ll be rejected or a pproved in writi ng by the contracti ng officers . No change order s shall be ap proved that increase the costs beyond the funds avai lable in the proj ect fu nd, inc lud ing in terest earned on those fun ds, un less an d unti l the additional fun ds needed to pay for the added costs are committed by all PARTIES by amendment to this Agreement. 4 8. OWNERSHIP AND MAINTENANCE PARTIES agree that CITY shall own and be responsible for maintenance 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 availability of DISTRICT funds . Such ma intenance 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 . 10. LIABILITY 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 Englewood Parkway, Englewood, CO 80110. B . The contracting officer for DISTRICT shall be the Executive Director, 2480 We st 26th Avenue , Suite 156B , Denver, CO 802 11. C. A ny no tic es, de mands or other c ommun icat ions requ ired or permi tted to be given by an y provision of this Agreement shall be given in writing, delivered personally or sent by regis tered mail, postage prepaid and return receipt requested, addressed to PARTIES at the addresses set forth above or at such other address as either party may hereafter or from time to time desig nate by written notice to the ot her party given when personall y delivered or mai led , and sha ll be con si dered received in the earlier of either the day on which s uc h notice is actua ll y received by t he party to w hom it is addressed or the third day after such notice is mai led. D . The contracting officers for PARTIES each agree to designate and assign a project representative to act on the behalf of said PARTIES in all matters related to PROJECT undertaken pursuant to this Agreement. Each representative shall coordinate all PROJECT-related issues between PARTIES, hall attend all progress meeting , and hall be 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 Jaws 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 Jaw or in equity, by d ecree of s pecific performance or damages, or such other legal or equitable relief as may be available subject to the provisions of the Jaws 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 the cancell ation of the contingent contracts shall b e shared betwee n PARTIES in the same ratio(s) as were their contributions and s ubj ect to th e ma xi mum a mount of eac h party's contribution as set forth herein . 19 . PUBLI RELATIONS It s hall be at CITY's sole discretion to initiate and to carry out any public relations program to inform th resid e nts in PROJECT area a to the purpo e of the pr p ed facilities and what 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 fo r 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 PAR TIES 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: 7 URBAN DRAINAGE AND FLOOD CONTROL DISTRICT Title Exec uti ve Di rector Date _____________ _ C IT Y OF E NGLEWOOD By _____________ ~ Title ____________ _ Date _____________ _ ., ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 23 INTRODUCED BY COUNC IL MEMBER TOMASSO 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 M395-0I 1, IN THE CITY OF ENGLEWOOD . WHEREAS , the City Council of the City of Englewood pa sse d Resolution No. 78 , Series of 1999 , which authorized the City to apply for Federal funds under the Intermodal Surface Transportation Efficiency Act (ISTEA); and WHEREAS , the Englewood City Council approved Re so lution No . 43 , Series of 200 2, authorizing the City to apply for Federal funds under the Intenn odal Surface Transportation Efficiency Act (!STEA); and WHEREAS , the Englewood City Council approved Re so lution No. 79 , Series of 2003 , authorizing the City to apply for Federal funds und e r the lntermodal Surface Transportation Effic ienc y Act (!STEA); and WHEREAS , The Englewood City Council appro ve d Resoluti o n No. 77 , Series of 20 0 5, authorizing the City to apply for Federal funds under the "Safe Accountable Flexible Efficient Transportation Equity Act-Legacy for Use rs "; and WHEREAS , Den ve r Re gio nal Council of Go ve rnments (DRCOG) accepts applications from Local gove rnments , typically on a two yea r cycle , for projects to be considered for federal fundin g ; and WHEREAS , DR COG , in cooperation wit h the Colorado Departme nt of Trans porta ti on (COOT), is charge d w ith th e pr e paration of th e Tran s portation Impro veme nt Program (T IP ); and WHEREAS , the TIP prioritize s regional projects for Federal Transportation Funds available through the "Safe Accountable Flexib le Efficient Tran s portation Equi ty Act-Legacy for Use rs'' (SAF TEA-LU); and WHEREAS, the Congress adopted thi s pro gra m in Augu st , 2005 to repla ce the former Tran s po rtation Efficienc y Act of th e 2 1st Ce ntu ry (TEA-21 ); and WHEREAS , in 1999 . Eng le wood applied for a pr ojec t titled out h Broadway Street sc ape Project-Tuft s Avenue to Belleview ; and WH EREA , the project application reque ted funding for th e de ign and con tructi on of rai ed, land caped median , imilar to the project completed in 2000 (Broa dway between Ya le and Hampden); and 9biv 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 CDOT entitled "Transportation Enhancement Contract" covering the financial commitments related to the design and construction of "South Broadway Streetscape-Tufts to Belleview" PROJECT STE M395- 0 I I, a copy is attached hereto as "Attachment A ". Section 2. The Ma y or 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 pa s sed on fir st reading on the 5th day of June , 2006 . Published as a Bill for an Ordinance on the 9th day of June, 2006. Read by title and passed on final reading on the 19th day of June, 2006. Published by title as Ordinance No . _, Series of 2006, on the 23rd day of June, 2006 . Olga Wolosy n , May or A TT E ST: Lo ucri hi a A. E ll i , City C le rk I. Lo uc ri hia A. E lli s, Ci ty C le rk o f th e C ity o f En g lewood , Colo rad o, here by c erti fy that th e a bo e a nd fo rego in g is a tru e co py o f th e O rdin a nce pa sed o n final readin g and publi s hed by titl e a Ordin a nce No . _, Se ri es of 200 6. Lo ucri h ia A. Ii i (FMLAWRK) PROJECT STE M395-0l l , (14808) REGION 6 /(JH) TRANSPORTATION ENHANCEMENT CONTRACT Rev 10/03 06 HA6 00076 CMS ID 06-112 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 Englewood 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 av ailable and a sufficient uncommitted balance thereof remains 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 v al , clearance and coordinati'on has been accomplished from and with appropriate agencies. 3 . Pursuant to Title I, Subtitle A , Section 1108 of the "Transportation Equity Act for the 21 51 Century" of 1998 (TEA-21) and/or the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" of 2005 and to applicable provisions of Title 23 of the United States Code and implementing regulations at Title 23 of the Code ofFederal Regulations , as may be amended, ( collecti vely referred to hereinafter as the "Federal Pro visions"), certain federal funds hav e been and will in the future be allo cated for transportation projects requested b y Local A gencies and eligible under the Surface T ransportation Impro vement Program that has been proposed by the State and approv ed by the Federal H i ghway A dministration ("FHW A "), hereinafter referred to as the "Program ." 4 . Pursuant to§ 1007(a) ofTEA-21, at 23 U.S .C. § 133(d)(2), certain Surface Transportation project funds are made available only for eligible "Transportati on Enhancement Activi ties", as d efined in§ 23 U .S.C. § 1 Ol (a), and this contract provides for th e performance by th e Local Agency of a project for an eligib le Tran sp ortation Enhancem ent Activity. 5 . Purs uant to § 43-1-223 , C .R .S . and to app licabl e p ortions of th e Fed eral P rovisions, the State is responsible for the gen eral administration an d sup erv ision of performance of projects in the Program, includi n g the ad min istratio n of fe d eral fu nd s for a P rogram project p erfo rm ed by a Local A ge n cy under a contract with the State . 6 . The Loca l Agency has requested that a certain local transportation project be fun ded 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 of CDOT 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 CDOT, in coordination with the Local Agency, in its internal review process. The Local Agency desires to perform the Work described in form #463 , as it may be revised. 7 . Federal-aid funds have been made available for project STE M395-0l 1 (14808), which shall consist of the design and construction ofraised, 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 ootain 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, 43-1-110 ; 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 perform the Work. THE PARTIES NOW AGREE THAT : Sect ion 1. Scop e of W ork The Project or the Work un d er this contract shall consist of the design and construction of raised, landscap ed medians on Sou th Broadway fr om Tufts Avenu e to B elleview Avenue, in En g lewood, Colorado, as m ore specificall y d escribed in Ex hib it A. Section 2. Ord e r of Precedence In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Page 2 of 18 1. 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, FHW A and the Local Agency. Section 4. Project Funding Provisions 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. The funding provisions for the Project are attached hereto as Exhibit C. The Local Agency shall provide its share of the funds for the Project as outlined in Exhibit C. Section 5. Transportation Enhancement Advance Payment Provisions The advance payment provisions described herein shall apply only to a percentage of the construction work portion of an enhancement project, as described below. Payment for all other work portions of the Project, including for the design work, shall be on a reimbursement basis, as described below. A. Pursuant to FHWA's approval under 23 U.S.C . § I33(e)(3)(B), the State will provide an advance payment up to a maximum percentage of the total amount for the construction portion of transportation enhancement project activities, in accord with the following procedures . 1. the State will provide advance payment to the Local Agency of 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 . the Local Agency shall submit the following to the State representative identified in section VII, after execution of this Contract: a) a financial statement for the construction of the project; and b) an invoice for advance payment of 70% of the federal funds budgeted and available for the construction of the project. 3 . After receipt of such statement and invoice, the State will issue a warrant to the Local Agency in the amount of the approved advance payment of construction project funds, subject however to the prior performance of the following: A) the satisfactory Page 3 of 18 completion of the design of the project; B) the State appro v ing 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 ad vanced funds shall be used by the local agency only for the performance of the construction work of the project. Upon receipt of the notice to proceed from the State, the Local Agency shall proceed expeditiously to start the construction work and prosecute it diligently to completion. If for any reason the local agency does not start the construction work within 120 days of receipt of the notice to proceed, or if the Local Agency starts the construction work but 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 appro v al 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, sh all govern the allowability and all ocab ility o f co sts un d er th is contract. The Local Agency shall comply with all such principles. To be eligi b le for reimbursement, costs by the Local Agency shall be: I. in accordance with the provisions of Exhibit C and with the terms and conditions of the co ntract. 2 . necessary for accom pl ishment of th e Work. 3. reaso nab le in amount for th e good s and services provid ed . 4. act ua l net cost to the Local Agency (i .e., the price p ai d minus any refunds, rebates, or other items of value received by th e Local Agency that have the effect ofred ucing the cost actually incurred). 5 . incurred for Work performed subsequent to the effective 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 FHW A approval of project work. The Local Agency understands and agrees that the State may perform such services, and that payment for such services shall be at no cost to the State but shall be as provided in Exhibit C. At the request of the Local Agency, the State shall also provide other assistance pursuant to this contract as may be agreed in writing. In the event that federal-aid project funds remain available for payment, the Local Agency understands and agrees the costs of any such services and assistance shall be paid to the State from project funds at the applicable rate . However, in the event that such funding is not made available or is withdrawn for this contract, or if the Local Agency terminates this contract prior to project approval or completion for any reason, then all actual incurred costs of such services and assistance provided by the State shall be the sole expense of the Local Agency. F. If the Local Agency is to be billed for COOT incurred direct costs, the billing procedure shall be as follows: 1. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 45 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 45 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that at the request of the State, the State Treasurer may withhold an equal amount from future apportionments due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund ( 400). 2 . If the Local Agency fails to make timely payment to the State as required by this section (within 45 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. The Local Agency will prepare and submit to the State monthly charges for costs incurred relative to the project. The Local Agency's invoices shall include a description of the amounts Page 5 of 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 design work sheets, or special provisions and estimates (collectively referred to as the "Plans"), the responsible party shall comply with the following requirements, as applicable: a. perform or provide the Plans, to the extent required by the nature of the Work. b . prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by CDOT . c . prepare special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local Agency specifications if approved by CDOT. d . include details of any required detours in the Plans , in order to prevent any interference of the construction work and to protect the traveling public. e. stamp the Plans produced by a Colorado Registered Professional Engineer. Page 6 o f 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. The local agency shall comply with the requirements of the Americans With Disabilities Act (ADA), and applicable federal regulations and standards as contained in the document "ADA Accessibility Requirements in CDOT Transportation Projects". b. It shall afford the State ample opportunity to review the Plans and make any changes in the Plans that are directed by the State to comply with FHW A reg uirements. c. It may enter into a contract with a consultant to do all or any portion of the Plans and/or of construction administration. Provided, however, that if federal-aid funds are involved in the cost of such work to be done by a consultant, that consultant contract (and the performance/provision of the Plans under the contract) must comply with all applicable requirements of 23 CFR Part 172 and with any procedures implementing those requirements as provided by the State, including those in Exhibit H attached hereto. If the Local Agency does enter into a contract with a consultant for the Work: (1) it shall submit a certification that procurement of any design consultant contract complied with the requirements 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 Agency, one copy of the executed contract shall be submitted to the State. Any amendments to such contract shall also be submitted. (3) it shall require that all consultant billings under that contract shall comply with the State's standardized billing format. Examples of the billing formats are available from the COOT Agreements Office. (4) it (or its consultant) shall use the COOT procedures described in Exhibit H to administer that design consultant subcontract, to comply with 23 CFR 172 .S(b) and (d). (5) it may expedite any CDOT approval of its procurement process and/or consultant contract by submitting a Jetter to CDOT from the 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 l 8 .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 prov isions and estimates al}d will cause the Local Agency to make changes therein that the State determines are necessary to assure compliance with 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 i nclude project inspection and testing; approving source s of materials ; p erforming required plant and shop inspections; docum e ntation of contract payments , te sting a nd inspection activi ti es; p re paring and a pprov ing pay estim ate s ; pre paring, ap p roving and securing the funding for con tract mod ification orders and 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 h e S t ate s h all have the authority to susp end th e Wo rk, w h o ll y or in p a rt , b y giving written notice thereof to th e Local Agency, due to th e fai lure of th e Local Agency or its contractor to correct project conditions w h ich are unsafe for workers or fo r su c h periods as the State may deem necessary due to un su itable weath er, or for conditions considered unsuitable for the prosecution of th e Work, or for any other con d ition 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 let for the construction of the project, it shall advertise the call for bids upon approval by the State and award the construction contract(s) to the low responsible bidder(s) upon approval by the State. (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. (1) 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 performed. (2) An alternative to the above is that the Local Agency may agree to participate in the Work based on actual costs of labor, equipment rental , materials supplies and supervision necessary to complete the Work. Where actual costs are used , eligibility of cost items shall be Page 9 of 18 - evaluated for compliance with 48 CFR Part 31. (3) Rental rates for publicly owned equipment will be determined in accordance with the State's Standard Specifications for Road and Bridge Construction§ 109.04. ( 4) All force account work shall have prior approval of the State and/or FHW A and shall not be initiated until the State has issued a written notice to proceed. D. State's obligations 1. The State will perform a final project inspection prior to project acceptance as a Quality Control/ Assurance activity. When all Work has been satisfactorily completed, the State will sign 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 Paiiy will certify in writing to the State that all right of way has been acquired in accordance with the applicable State and federal reg ulations, or that no additional right of w ay is required . Any acquisition/relocation acti v ities must comply with all federal and state statutes, regulations, COOT policies and procedures , 49 CFR Part 24, the government wide Uniform Act r egulation, th e FHWA Project Dev elopment Guid e and CDOT's Right of Way Operations Manual. Allocation of Responsibiliti e s can be a s follows : • Fed eral p artici p ation in ri ght of w ay a cqui sition (3 111 cha rges), re location (3109 c h arges) activities, if an y, and right of w ay incidentals (exp enses in ciden ta l to acquisition/relocation of right of way-3114 charges); • Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no participation in incidental ex p e n ses (31 1 4 charges); or • No fe d eral particip ation in righ t of way ac q uisition (3 11 c h arges) and relocation ac t ivi ti es (3 109 ex p enses). Regard less of the option selected above, the State retai ns oversight responsibi l ities. T h e Loca l Agency's and the State's responsibilities for each o p ti on is s peci fi call y set fo rth in C DOT's Ri ght o f Way Operation Manual. The manual is located at http ://www.dot.state.co .us /D velopProjects/Desi gnSupport. Page 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 certify in writing to the State that all such clearances hav e 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. E stablishing future maintenance responsibilities for the proposed installation. 4 . Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing . 5 . Establishing future repair and/or replacement responsibilities in the event ofaccidental destruction or damage to the installation. Section l 0. Environmental Obligations T he L ocal A g en cy shall p erfonn all Work in accordance w ith the requirements of the current fe d eral and s t ate e nv ironmental r egulations including the National Env ironmental Policy Act of 1969 (NEPA) as appli cabl e . Secti on 11. Ma inte nance Obligation s The Local Agency will maintain and operate the improvements constructed under this contract at its own cost an d expense du ring their u se ful life, in a m anner satisfactory to th e S tate and FHW A. The Local Agency wi ll mak e pro p er pro visio ns fo r s uch main ten ance o b ligatio ns eac h year . Such mai ntenance an d o p erations sh all be conducted in accordan ce wi th a ll ap pli cabl e statut es, ord in ances and regu lations which defi ne the Local Agency's obligations to maintain su ch improvements. The State and FHW A wi ll make period ic ins p ections of the project to verify th at s uch imp rove m ents are being adequately 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 pem1it 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 the State determines that the purposes of the distribution of moneys under the contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why tem1ination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, s urv eys, drawings , maps, models, photographs and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this contract. Notwithstanding the above, the Local Agency shall not be relieved ofliability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the State m ay withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amo ur.t of damages due to the State from the Local Agency is determined . Page 12 of 18 If after such tennination 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 tennination shall be treated as a tennination 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 tenninate or amend this contract. Section 15. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract. Section 16. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 6, 2000 South Holly Street, Denver, Colorado 80222 . Said Region Director will also be responsible 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 correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representati v es . If to State: Tony Gross COOT Region 6 Resident Engineer 2000 South Holly Street Denver, Colorado 80222 (303) 972-9 11 2 Sect io n 17. Su ccess ors If to the Loca l Age ncy: Dave Henderson City of Englewood Public Works 1000 Englewood Parkway Englewo od, Co lorado 80110 (3 03) 762-2 506 Except as herein otherwise provided, this contract shall inure to the benefit of and be binding 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 performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 21. Waiver The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement , or of any other term, provision or requirement. Section 22. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules . Section 23. Survival of Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditio ns 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 perform or comply by the Local Agency. Section 24. Modification and Amendment This contract is subject to such modifications as may be required by changes in federal or State law , or their implementing regulations . Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. Section 25. 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 unti 1 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 E xhibit E and the Local A gency 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 appro v al (if provided) of the Local Agency 's DBE program do es not w aiv e or modify th e sole res ponsibility of the Lo c al A gency for its use as described above. Sect ion 2 7. Disputes Except as otherw ise provid ed in th is contract, any dis pute co ncerning a qu estion of fact aris ing under th is contract wh ich is not d isp osed ofby agreem ent wi ll b e deci ded by th e Chi ef Engi n eer of th e Departm ent of Trans portat ion. T h e d ec ision o f th e Chi ef E ngineerwill b e fi n al and con clusi ve unl ess , wi th in 30 ca lend ar days a ft e r th e d ate ofreceipt of a copy of such written d eci sion, th e Loc al A gency mai ls or otherwise furn is h es to th e Sta te a wri tten app ea l addre s sed to th e Execut ive Directo r of the Department of Transportation. In connecti on wi th any app eal pro ceed in g und er this clause, th e Lo ca l Agency sha ll be afforded a n opportuni ty to b e heard and to o ffer evi d ence in s upport of its appea l. Pending final decision of a d isp ute h ereun der, th e Local Agency sh all proceed di ligently with the perfom,ance of the contract in acco rdance with the Ch ief Engi neer's d ecision. The decis ion 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 oflaw. 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 (FTA, 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 cos t. Page 16 of 18 Scdion 29. · ~PECIAL ·PROVISIONS {For Use Only with Inter-Governmental Contracts) 1. CONTROLLER'S APPROVAL . CRS 24-30-202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate . 2. FUND AVAILABILITY . CRS 24-30-202 (5 .5) Financial obligations of the Stale of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available . 3. INDEMNIFICATION To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State against any and all claims, damages , liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees , agents, subcontractors , or assignees pursuant to the terms of this contract. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions for the parties , of the Colorado Governmental Immunity Act, CRS 24-10-1 O 1 et seq . or the Federal Tort Claims Act , 28 U .S.C. 2671 et seq . as applicable, as now or hereafter amended. 4 . INDEPENDENT CONTRACTOR. 4 CCR 801-2 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR 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 THIS 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 RESPONSIB LE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES 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 , execution , and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or wh ich is otherwise in conflict with said laws , rules , and regulations shall be considered null and void . Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise . Any provision rendered null and void by the operation of this provis ion will not invalidate the remainder of this contract to the extent that the contract is capable of execution . At all times during the performance of this contract, the Contractor shall strictly adhere to all applicabl~ 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 licensing restrictions. The Contractor hereby certifies that, for the term of this Contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such Improper use of public funds . If the State determines that the Contractor is in violation of th is paragraph , the State may exercise any remedy available at law or equity or under this Contract, including, without limitation, immediate termination of the Contract and any remedy cons istent with United States copyright laws or applicable licensing restrictions . 6. EMPLOYEE FINANCIAL INTEREST. CRS 24-16-201 & CRS 24-50-507 The signatories aver that to their knowledge, no employee or the State of Colorado has any personal or beneficial interest whatsoeve r in the service or property described here in . Effective Date : August 1, 2005 Pa ge 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 . SHENEFEL T By _______________ _ Date _______________ _ Effective Date : August 1, 2005 Page 18 of 18 ..... Colorado Department of Transportation Ori gin Date : 01 /17/2006 Project code : 14808 STIP number: DR6 l 24 DESIGN DATA Revise Date : Proj ect number : STE M395-0l l PE Proiect Code PE Proiect Number 0 Metrlc 0 Engllsh Revis ion#: ( ,ge 1 Reg ion : 06 Status : e prel iminary Q final 0 rev ised Prepared by : Revised by: Project description : BROADWAY: TUFTS T O BELLEV I EW C Anderson County1 : Arapahoe lcounty2: lcounty3: Date : 01/17/2006 Date : Mun icipality : Englewood Submitted by Proj .Mgr Approved by Preconstru ction Engineer: System code : Othe r Federal -Aid High way ANDERSONCM Oversigh t: Exempt Date : 03 /2 1/2006 Planned length : 0 .667 Geographic location: Broadway: Tufts to B ellev iew Terrain type : 0 Level 0 Plains Q Rolling • Urban 0 Mounta inous Description of proposed construction/improvement (attach map showi ng site location) Construct raised , planted/irrigated landscaped medians . Environmental studies, Design and Construction are included in the pr oject. No R .O .W . acquisition is required. UTrafflc (Nole : use columns A , B, and/or C lo identify facility described below) Current year: -2004 -Future year : -2024 -Facil ity location Facility ADT DHV DHV% trucks ADT DHV Industrial I commercial I Residential I Other A SH 75 43100 3879 3.9 47410 4267 D I 0 I D I D B 0 I D I C l I D C I I I I I I D I D I D I D ti RdwyClass Route Refpt Endrefpt Functional classification Facility type Rural code 1. 75 1.22 7 1.8 94 N Not Road w ay > 200 ,000 -2 . 3 . g Design Standards (ld~ntify substandard items with a chec kmark in 1st column and clarify in remarks) A= SH 75 B = C= Standard Existing Proposed Ultimate Standard Existing Proposed Ultimate Standard Existing Proposed Ultimate D Surface type ASPH ASPH ASPH Typic al section type D # of travel lanes 6 6 6 D Wi dth of trave l lanes 12 11 11 D Sh oulde r wd . 11./median D Shou lder wd rt/outsi de D Side slope dist. ("z") D Median width 12 -16 12-16 D Posted speed 45 45 45 D Design speed 50 50 50 D Max . superelevation D Min . radius D Min . horizontal ssd D Min . vertical ssd D Max . grade 5.1 5.1 rJ Project under Q 1R Q 3R Q 4R • Other: criteria Existing guardrail meets current standards : e Yes Q No Variance in minimum design standards required Q Yes • No 0 Safety project Comments : B Justification attached 0 Request to be submitted Not all standards ( Bridge (see item 4) n See remarks addressed I , l Stage cons truction Resurfacing projects J l Recommendations concerning safety aspect, attached 1 of 2 COOT Fonn IM63 Exhibit A 12 /2003 Page 2 Project Code: 14808 I Project Number: STE M395 -0I J I Revise Date: D Major Structures !S =lo slay, R=lo be removed , P=~sed new strucl',l_~ Standard Structure Horizontal Vertical Year c:, ... ~, .. ,o ,n .. I Lenoth Ref. Point Feature Intersected Width RdV:'V Load Clearance Clearance Built Proposed treatment of bridges to rema in in place (address bridge rail, capacity , and allowable surface thickness) NI A l:J Project Characteristics (proposed) Median type : Q depressed Q painted • raised 0 none ~ Lighting -Handicap ramps Traffic control signals f ,/j Striping ,/ Curb and gutter Curb only ..,/ Left-tum slots I I continuous width= II Sidewalk width = Bikeway width = Right-turn slots I I continuous width= Parking lane width = Detours Signing : I ,1 I construction I !permanent Landscape requirements : (description) Other: (description) 1:1 Right of Way Yes No Est. No . Utilities (list names of known utility companies) ROW and/or perm . easement required : 0 • Xcel Energy, Qwest, Comcast Cable, D enver Water Dept, Relocation required : 0 • Englewood uti lities Temporary easement required : 0 • Changes in access : 0 • Changes to connecting roads: 0 • l:J Railroad crossings # of crossings : Agreements Railroad Name required Present protection Condition of x'in gs 1 D 2 D 3 D 4 D Recommendations : l;JEnvironmental Type: ffgiments : 1mh ated I /24/06 ~ Coord ination Withdrawn lands (power sites , reservoirs , etc .) cleared through BLM forest service office I Irrigation ditch name : L l New traffic ordinance required I [J Modify schedule of existing ordinance I Municipality: Other: W Construction method noAdReason : Q Design Q Local F/A Dave Henderson Q State Q P .O . Q RRF/A Entity/Agency contact name : Advertised by : e Local Q Study Q Utility FIA Phone number: 303 -762 -2506 Q None Q CDOTF/A Q Miscellaneous W Remarks (Include additional pages if needed) Reviewed b y LAG 03 /2 1/06. Ori ginal to : Central files Coples to : Region FIi s , Region Environmental Program Manager, Staff ROW, Staff Bridge or other when appropriate 2 of 2 Exhibit A LOCAL AGENCY ORDINANCE or RESOLUTION Exhibit B EXHIBIT C FUNDING PROVISIONS STE M395-011 (14808) A. The Local Agency has estimated the 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 Co st $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 Est imated Federal Share of COOT-Incurred Costs (2a) $0 .00 TOTAL ES T IMATED PAYMENT T O LOCAL AGENCY $600 ,000 .00 FOR COOT ENCUMBRANCE PURPOSES Total 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 1 P 3301 $6 55,000 .00 Exhibit C -Page 1 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 cost s 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 CDOT 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 before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this contract, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D . T he parties h er eto agree that this contract is contingent upon all funds de sign ated for the project herein being made avai lab le fr om fe deral and/o r state and/or Local Agency sources, as applicable. Should these sources, either federal or Local Agency, fai l to provide necessary funds as agreed upon herein, the c on tract may b e te rm inated by either party, p rovi d ed that any party termi natin g its inte res t and obligations herei n sh all not be re li eved o f any obliga tio ns w h ich existed p r ior to th e effec ti ve date o f such termin ation or whi ch may occu r as a resu lt of such tennination . Exhibit C -Page 2 of 2 ) 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, Title 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 I of 1 ( DISADVANTAGED BUSINESS ENTERPRISE (DBE) SECTION 1. Policy. Exhibit E It is the policy of the Colorado Department of Transportation (COOT) 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 COOT DBE program (or a Local Agency DBE Program approved in advance by the State) to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts . Recipients and their contractors shall not discriminate on the basis 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 D epartment of Transportation 42 01 East Arkansas A venue , Room 2 87 Denver, Colorado 80222-3400 Phone: (303)757-9234 revised 1/22 /98 Required by 49 CFR Part 23 .41 Exhibit E -Page 1 of 1 ~ COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT NDING INCREASE/DECREASE AND APPROVAL LETTER Region : m lete section l and subm i t to COOT Controller's office . Exhibit F AUTHORITY : State Controller Policy letter on June l 2 , 1996 COOT Controller letter on Ma 23, 1996 (1 )This 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 construction, underestimated cost COOT construction, underestimated total cost COOT consultant, underestimated cost I SECTION l Re Ion use -Pro · ect code (3) COOT Controller (FAX #(303) 757-9573 or e-mail CONTROLLER) • Project# (4) • Office : (5) (5) COOT has executed a contract with : (6) II . FEIN# (6) II I Orgn. (9) Appro. (9) Prgrm. (9) 'ginal contract amount -10) I Previous Funding Letter(s) total s ( l l) (Fundi ng t,ttor #1 thru #_) I I I ii This Funding Letter total S (12) (#_) Adjusted contract amount S (1 3) SECTION 2 Controller's Office use) (19) Total allotment amount S (19) If construction : _CE pool elig . (19) CE charges S (19) Phone # (5) FAX # (5) Contract routing # (7) COFRS encumbrance# (indicate PO , SC or PG#) (8) Fune . (9) Object/Sub-obj N/P GBL (9) Reporting Catg. Proj /Sub /Phase (9) (9) (9) Has a Budget Request been pr ocessed to cover the contract amount i ncrease? es no (14) Preparer's name (1 5) PHONE NO : Contract Administrator's /Business Manager's Approval (16) COOT Des i gnee Approval (1 7) Local Agency approval (18) Commission budget S (19) Ind irect chgs S (19) PHONE NO : Adjusted contract amount plus total CE & indirect charges calculation S (1 9) I 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 (20) Exhibit F -Page 1 of 1 Date (20) I ; i I I I ' I I , . I I ' I I I I I I I ' I I I I, 11 11 I i ( 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 Englewood 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 lasks . 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 . The checklist shall be prepared by the COOT Resident Engineer or the COOT Project Manager, in cooperation with the Local Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change , the COOT Res ident Enqineer, in cooperation with the Local Agency Project Manager, will prepare and distribute a revised checklist. RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA COOT 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 Authorize funding by phases (CDOT Form 418 -Federal-aid Prog ram Data . Requires FHWA X con currence /i nvolvement) PROJECT DEVELOPMENT 5-1 Prepare Desian Data -COOT Form 463 X X 5-2 Prepare Local Agencv/CDOT Inter-Governmental Agreement (see also Chapter 3) X 5-3 Conduct consultant selection/execute agreement X 5-4 Conduct Design Scoping Review meeting X 5-5 Conduct public involvement X 5 -6 Conduct Field Inspection Review X X 5-7 Conduct environmental processes (may require FHWA concurrence/involvement) X X 5-8 Acquire right-of-way (may require FHWA concurrence/involvement) X 5-9 Obtain utility and railroad aoreements X 5-10 Conduct Final Office Review X X 5-11 Justify force account work by the Local Agency X 5-12 Justify proprietary items X 5-13 Document desiqn exceptions -COOT Form 464 X 5-14 Prepare plans, specifications and construction cost estimates j -15 Ensure authori zation of funds X CDOT Form 1243 07/02 Page1 of 4 Previous editions are obsolete and may not be used .) Exhibit G NO. DESCRIPTION OF TASK PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE 6-1 6-2 Set Underutil ized Disadvantaged Business Enterprise (UBDE) goals for consultant and construction Contracts (CDOT Reaion EEO/Civil Riahts Soecialist) Determine applicability of Davis-Bacon Act This project O is ,! is not exempt from Davis-Bacon requirements as determined by the functional classification of the project location (Projects located on local roads and rural minor collectors may be exempt.) 05/25/2006 COOT Resident Engineer Date 6-3 Set On-the-Job Training goals. Goal is zero if total construction is less than $1 mi ll ion (COOT Reaion EEO/Civil Riahts Specialist) · · ; . · Ensure the correct Federal Wage Decision, all required Disadvantaged Business • • 1 .:·.:.·· ·' Enterprise/Qn .. the-Job Training special provis ions 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 7-2 Advertise for bids 7-3 Distribute "advertisement set" of plans and specifications 7-4 Review worksite and plan details with prospective bidders while project is under advertisement 7 -5 Open bids 7-6 Process bids for compl iance ·:.·.·.: ... _'.."',· .. :,~.·.··::_: .. '. .. · ,< 1 , Check COOT Form 715 -Certificate of Proposed Underutilized DBE Partic ipation when the low bidder meets UDBE goals · ... ,;, ;,:-· Evaluate COOT Form 718 -Underutilized DBE Good Faith Effort Documentation and ;)Jf/;i; g~~:~~f/ the Contractor has made a good faith effort when the low bidder does not meet .. :., ;.:· ·· ', ·, Submit reouired documentation for COOT award concu rrence 7-7 Concurrence from COOT to award 7-8 Approve rejection of low bidder 7-9 Award Contract 7-10 Provide "award" and "record" sets of plans and specifications CONSTRUCTION MANAGEMENT 8 -1 8-2 8 -3 8-4 .·. '. ·.~·:.: ,.· - ,•, '.'. ,:.· ' I . ·:, .. Issue Noti c e to Proceed to the Contra ctor Conduct conferences : Preco nstruct io n (Appendix B) Presurvey • Construction staking • Monumentation Partnering (Optional) Structural Concrete Pre-Pour (Agenda is in COOT Construction Manual) Co ncrete Pavement Pre-Pa v ing (Aoe nd a is in COOT Construction Manual) HBP Pre-Pavin o (Aoe nda is in COOT Construction M anual) Develop and dis tri bute Pub lic Notice of Pla nned Con st ruc tion to medi a a nd local residents Supervise const ruc tio n A Professional Engineer (PE) registered in Colorado, who will be "i n responsible charge of construction supervision ." Larry Nimmo Local Agen cy Professional Engineer or COOT Resident Engineer 303-762-2504 Phone number RESPONSIBLE PARTY LA COOT X X X X X X X X X . .. :< .. ::·1.· .. ,· ... I ' ~• I • X X X X X X X X X X X X X X X X COOT Form 1243 07/02 Page2 of 4 Prev io us editions are obsolete and may not be used l Exhibit G RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA COOT ' . . ' Provide competent, experienced staff who will ensure the Contract work is constructed in . .. .. accordance with the olans and soecifications X ., . . :~ ··.:· Construction inspection and documentation X 8-5 Approve shop drawinas X 8-6 Perform traffic control inspections X 8-7 Perform construction survevina X 8 -8 Monument riaht-of-way X 8-9 Prepare and approve interim and final Contractor pay estimates X Provide the name and phone number of the person authorized for this task . Laqy Nimmo 303-762-2504 Local Aaencv Reoresentative Phone number 8-10 Prepare and aoorove interim and final utilitv/railroad billinas X 8-11 Prepare Local Aaencv reimbursement reauests X 8-12 Prepare and authorize chance orders X 8-13 Aoorove all chance orders X X 8-14 Monitor proiect financial status X 8-15 Preoare and submit monthlv oroaress reoorts X 8-16 Resolve Contractor claims/disputes 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 Resident 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 meetina 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 completed 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 (0 " to 6" or greater) • Fabrication of bearina devices Approve sources of materials X Independent Assurance Testing (IAT), Local Agency Procedures 181 COOT Procedures 0 • Generate IAT sc hedu le X • Schedu le and provide notification X • Conduct IAT X Approve mix designs X • Concrete X • Hot bituminous oavement X Check final materials documentation X Comolete 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 project bulletin board and preconstruction packet reouirements 10-2 COOT Form 205 -Sublet Permit Application Review and sign completed COOT Form 205 for each subcontractor, and submit to EEO/Civil Riahts Soeciafist 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 "commercially useful function " reouirements 10-5 Conduct trainee interviews . Complete COOT Form 200 -OJT Training Questionna ire when oroiect utilizes on-the-iob trainees 10-6 Check certified payrolls (Contact the Region EEO/Civil Rights Specialists for train ing reQuirements .) 10-7 Submit FHWA Form 1391 -Hiahwav 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 orolect acceotance letter Advertise for final settlement Prepare and distribute final As-Constructed plans Check final ouantities final plans and the final pay estimate 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 Enolneer Process final oavment Obtain FHWA Form 47 -Statement of Materials and Labor Used ... Complete and submit COOT Form 950 -Proiect Closure Retain proiect records for six years from date of project closure Retain final version of this checklist and d istribute copies cc : COOT Resident Eng ineer/Project Manager COOT Region Program Engineer COOT Reg ion EEO/Civil Rights Specialist COOT Region Materials Engineer COOT Contracts and Market Analysis Branch Local Agency Project Manager from the Contractor X X X X X X X X X X X X X X X X X X X COOT Form 1243 07/02 Pageiv of 4 Previous edition, are ob1olete and may not be UHd 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 agenc y 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 l 72 .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 : 1. The contracting local agency shall document the need for obtaining professional services . 2. Prior to sol ici tation fo r consultant services , the contracting local agenc y shall de ve lop a deta iled scope of work and a list of evaluation factor s and their rel ati ve importance . The ev aluation factors are thos e id ent ifi ed in C .R .S. 24-30-1403 . Also , a detailed cost estimate should be prepared for us e during negotiations . 3. The contracting agency must advertise for contracts in confonnity with the requirements of C.R.S. 24-30-1405. The public notice period, when such notice is required, is a minimum of 15 days prior to the selection of the three most qualified firms and the advertising should be done in one or more daily newspapers of general circulation. 4 . The request for consultant servi ces should include the scope of work, the evaluation factors and their relative importance , the method of payment, and the goal of ten percent ( 10 %) Disadvantaged Business Enterprise (DBE) participation as a minimum for the project. 5. The analysi s and sel ec tion o f th e consultan ts should be done in accordance with C .R .S . 24 -3 0-1403. Thi s section of the reg ulation iden ti fies th e criteria to be use d in the eva lu ation ofCDOT pre-q ualifi e d p ri me cons ul ta nts and their team. It also shows which criteria are used to short-list and to make a final selection. The short-list is based on the following evaluation factors : a. Qualifications, b. Approach to the project, c. Ability to fu rn ish professional services . d . Anticipated design concepts, and e . Alternative methods of approach for furnishing the professional services. Eva luation factors for final selection are the co nsultant's : a . Abilities of their personnel, b . Past performance, c . Willingness to meet the time and budget requirement, d . Location, Exhibit H -Page 1 of 2 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 terms, conditions, and specifications of the contract. At the end of project, the local agency prepares a perfonnance 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-1273 Electron ic versi on·· March 10. 199-4 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 organ ization 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 tier 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 Requ ired Contract Provis ions . 3 . A breach of any of the stipulations contained in these Required Contract Provi sion s shall be sufficient grounds fo r termina tion of the co ntract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR5.12 : Section I, paragraph 2 ; Secti on IV, paragra p hs 1, 2 , 3, 4 , and 7; Section V, paragraphs 1 an d 2a through 2g . 5 . Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes cl ause of th is contract. Such disputes shall be resolved in accor- dance with the procedures of the U .S . Depa rt ment of Labor (DOL) as set forth In 29 CFR 5 , 6, and 7 . Disputes within the meaning of th is clause include d isputes between the contractor (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 it 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 pol icy the following statement: "It is the poli cy of this Company to assure that applicants are em ployed , and that employees are tre ated du ri ng employ- ment, withou t regard to their race, religion, sex, color, national origin, age or disability. Such action shall include : employment, upgrading , demotion, or transfer; recruitment or recruitment ad vertising : layoff or termination ; rates of pay or other forms of compensation; and selection for training , including apprenticeship, p reapprenticeship, and/or on-the-job training ." 2. EEO Officer: The contractor will designate a nd make known to th e SHA co ntracting officers an EEO Officer who will have the res ponsibility for and must be capable of effectively administering an d promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so . 3. D issem ination of Poll ey: 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 cogn izant Exhibit I -Pagel of 9 of, and will implement, the contractor's EEO policy and contractual responsibili ti es to provide EEO In each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a min imum : a . Period ic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months , at which time the contract- or's EEO policy and its implementation will be reviewed and explained . The meetings will be conducted by the EEO Officer . b . All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor . c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring 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 which the project work force would normally be de ri ved . a. The contractor will, unless precluded by a va lid barga in- in g agreement, conduct systematic and direct recru itment through publ ic and private employee referral sources likely to yield qual ified minority group applicants . To meet this requirement , the contractor will identify sources of potential minority group employees , and establish with such identified sources procedures whereby minority group appl icants may be referred to the contractor for employment consideration . b . In the event the contracto r has a valid bargaining agree- me nt pro viding for exclusive hiring hall referrals, he is expected to ob serve the provisions of tha t agreement to the extent that the system pe rmits the contractor's compliance with EEO contract pro visi on s. (The DOL ha s held that where implementation of such agree me nts have the effect of discri min at ing aga inst min ori ties or women, o r obligates the contracto r to do the same, such implementation violates 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 established and administered, and personnel actions of every type, including hiring, upgrading, promotion , transfer, demotion, layoff, and termination , shall be taken without regard to race, color, religion, se,c, national origin , age or disability . The following procedures shall be followed : a . The contractor will conduct periodic inspections of project sites to Insure that work ing conditions and employee facili ties do not indicate discriminatory treatment of project site personn el. b. The co ntracto r will peri odically evaluate the sp read of wages paid wi thin each classi fication to det erm ine an y evi den ce of Exhibit I discriminatory wage practices . c. The contractor will periodically rev iew selected personnel actions in depth to determine whether there is evidence of discrimination . Where evidence is found , the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed , such corrective action shall include all affected persons . d . The contractor will promptly investigate ail complaints of alleged discrimination made to the contractor in connection with his obligations under thi s contract, will attempt to resolve such complaints , and will take appropriate corrective action within a. reasonable time . If the Investigation indicates that the discrimination may affect persons other than the complainant , such corrective action shall include such other persons . Upon completion of each investigation , the contractor will inform every complainant of all of 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 penmiss ible under Federal and State regulations , the contractor shall make full use of training programs, i.e ., apprenticeship, and on-the-job training programs for the geographical area of contract performance . Where feasible, 25 percent of apprentices or trainees in each occupation shall be in the ir first year of apprenticeship or training . In the event a special provision for tra ining is provided under this contract, this subpara - graph will be superseded as indicated in the special provision . c. The contractor will advise employees and applicants for employment of available training programs and entrance requ irements 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 re lies in whole or in part upon unions as a source of employees , the contractor will use his/her best efforts to obtain the cooperation of such un ions to increase opportun ities for minority groups and women with in the un ions , and to effect referrals by such unions of minority and female employees . Actions by the contractor either directly or through a co ntracto r's association acting a s agent wi ll incl ude the procedures set fo rth below: a . The contractor will use best efforts to develop, in cooperation with the unions , joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b . The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race , color, religion, sex, national origin , age or disability. c. The contractor is to obtain Information as to the referral practices and pol icies of the labor union except that to the extent such information Is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information . d . In the event the un ion Is unable to provide the contractor Exhibit I -Page 2 of 9 REQUIRED BY 23 CFR 633 .102 with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement , the contractor will, through independent recruitment efforts , fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obta in 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 bargaining agreement providing for exclusive referral failed to refer minority employees .) In the event the un ion 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 discriminate on the grounds of race , color , rel igion, sex, national origin , age or disability in the selection and retention of subcontractors , includ ing 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 obl igations . 9. Records and Reports: The contractor shall keep such records as necessary to document compl iance with the EEO requirements. Such records shall be reta ined for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by autho- ri zed representatives of the SHA and the FHW A . 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 employed in each work classification on the project; (2) The progress and efforts be ing made in cooperation wi th un ions , when appl ic able , to increase employment opportun i- ties for minoriti es and women ; (3) The progress and efforts being made in locating, h iring , tra ining , qualifying , and upgrading minority and fema le employees ; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with mean ingful minority and female representation among their employees . b . The contractors will submit an annual report to the SHA each July fo r the duration of the project, indicating the number of mi nori ty , women , and non -minority group employees currently e ngaged in each work classification requ ired by the contract work . This in fo rmation is to be reported on Form FHWA-1391 . If on -the job training is be ing re qu ired by special provision , the contractor will be re q uired to colle ct and report tra ining data . Ill. NONSEGREG ATED FACILIT IES (App licable to all Federal-a id construction contracts and to all Exhibit I related subcontracts of $10,000 or more .) a. By submiss ion of this bid , the execution of this 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 facilities " means any waiting rooms, work areas , restrooms and washrooms , restaurants and othe r 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 origin , age or disability, because of habit, local custom , or otherwise . The only exception will be for the disabled when the demands for accessibility override (e .g. disabled parking). c . The contractor agrees tha t it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of materi al 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 exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors , which are exempt.) 1. General : a . Ali 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 without subsequent deducti on or rebate on any account [except such payroll deducti ons as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U .S .C . 276c)] the full amounts of wages and bona fide fringe benefits (or cash equ ivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those conta ined in the wage determination of the Secre ta ry of Labo r (herein after "the wa ge determi nati on") wh ich is attached hereto and made a part hereof, regardle ss of any contractual relationship wh ich 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 ra te s conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all ti mes by th e con tractor a nd Its subcontractors at the site of the wo rk in a prom inen t an d accessi bl e place wh e re it can be easily see n by the wo rkers . For the purpose o f this Section , contri butions mad e or costs reas o nably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon A ct (40 U .S .C . 276a) on behalf 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 this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans , funds , or programs, wh ich cover the particular weekly period , are deemed to be constru ctively made or incurred durin g such weekly period . Such :abore rs and mechan ics shall be paid the app ropri ate wage rate and fri nge benefits on the wag e Ex h ibit I -Page 3 of 9 REQUI RED 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 spec ified 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 here in 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 determination , shall be classified in conformance with the wage determination . b . The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met : (1) the work to be performed by the 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) w ith respect to helpers, when such a classification prevails 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 addition - 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 action ta ken shall be sent by the contracting officer to the DOL , Admin istrator of the Wage and Hour Division , Employment Stan- dards Adm inistration, Washington , D.C . 20210 . The Wage and Hour Administrator, or an authorized rep resentative , will approve , modify, or disapprove every additional classification action with in 30 days of receipt and so advise the contracting officer or will notify the contracting officer with in th e 30 -d ay period that additiona l time is necessary. d . In the event the contractor or subcontractors, as appro- priate, the laborers or mechanics to be employed In the additional classification or their representatives , and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommenda- tion of the contracting officer, to the Wage and Hour Administrator for determination . Said Administrator, or an authorized represen- tative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropri - ate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work In the additional classifica tion from the first day on which work is performed in the classifica tion . 3 . Payment of Fringe Benefits : Exhibit I a . Whenever the m inimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fr inge benefit which is not exp ressed as an hourly rate , the contractor or subcontractors, as appropriate , shall either pay the benefit as stated In the wage determ in ation or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate , does not make payments to a trustee or other th ird person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in provid ing 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 w ith a State apprenticesh ip 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 individually 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 el igible for probationary employment as an apprentice . (2) The allowable ratio of apprentices to 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 paid 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 reg istered 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 reg iste red, the ratios and wage rates (ex- pressed in percentages o f the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed . (3) Every apprentice must be paid at not less than the rate specified in the registered program for the 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 apprenticeship program . If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determi- nation for the applicable classification . If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination . (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the Exhibit I -Page 4 of 9 REQUIRED 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 Train ing Admin istration . (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 add ition , any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed . (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 pa id 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 determ ination which provides for less than full fringe benefits for apprentices , in which case such tra inees shall receive the same fringe benefits as apprentices . (4) In the event the Employment and Train ing Adm inistration w ithdraws approval of a training 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 perm itted to work on a project if the he lpe r cl assifi cation is specified and defined on the appl icable wage determ ination or is approved pursuant to the conformance pro ced ure set forth in Se ction IV .2. Any worker listed on a payroll at a he lp e r wage rate , wh o is not a helper under a approved definition, shall be paid not less than the app licable wage rate on the wage determination for the classification of work actually per- formed . 5 . Apprentices a nd Trai nees (Pr ogra m s of the U.S. DO T): Apprentices and trainees working under apprenticeship and skill train ing programs which have been certified by the Secre tary of Transporta tion as promoting EEO in con nection w ith Federal- ai d highway construction programs are not su bject to the req uire- men ts of paragraph 4 of th is Section IV . The straight time hourly wage rates for apprentices and tra inees under such programs will be establis hed by the partic ular programs . The ratio of apprentic- es and tra inees to jo urn ey men shall not be greater than permitted by the terms of the particular program . 6 . Withhold ing: The SHA shall upon its own action or upon written request of an authoriz ed representative of the DOL w ithhold , or cause to be w ithheld , from the contracto r or subcontractor under th is 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 mechanics , including apprentices, tra inees , and helpers, em - ployed by the contractor or any subcontractor the full amount of wages required by the contract. In the even t 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 requ ired 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 requ ire 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 ti mes 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 pa ragraph 7, in the sum of $10 for each calendar day on wh ich such employee was required or permitted 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 cau se 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 w ith the same prime con tractor , or any other Federa ll y-assisted contract su bject to the Contract Work Hours and Safety Standards Act, which is held by the same prim e contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontracto r for unpa id wages and liqui da ted damages as provided in the clause set forth in paragraph 8 above . V. STATEMENTS AND PAYROLLS (Applicable to all Federal-ai d construction con tracts exceeding $2 ,000 and to ail related subcontracts , except for projects located on roadways classified as local roads or rural collectors , wh ich are exempt.) 1. C omp lia nce w ith Copeland Regulati ons (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor wh ich are herein incorporated by re fere nce . 2 . Payrolls and Payroll Records : Exhibit I -Page 5 of 9 REQUIRED BY 23 CFR 633.102 a. Payro ll s and basic records rela ti ng thereto shall be maintained 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 fo r all laborers , mechan ics, 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 class ification ; hourly rates of wages paid (including rates of contr ibutions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1 (b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked ; deductions made ; and actual wages paid . In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does , or does not, normally res ide 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)(B) 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 providing 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 wh ich any contract work is performed, to the SHA res ident engineer a payroll of wages pa id each of its employees (includ ing 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 requ ired to be maintained under paragraph 2b of th is Section V . This information may be submitted in any form desired . Optional Form WH-347 is available for this purpose and maybe purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1 ), U .S . Government Printing Office , Wash ington , D.C. 20402 . The pr ime contractor is respons ible for the subm is- sion of copie s of payrolls by all subcontractors . d . Each payroll subm itted shall be accompanied by a 'Statem ent of Compl iance ," signed by the contractor or subcon - trac tor or his/he r agent who pays or supervises the payment of the pers on s emplo yed under th e cont ract a nd shall certify the follo w- 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 mechanic (including each helper , apprentice . and trainee) employed on the contract during Jhe payroll period has been paid the full weekly wages earned, without rebate , either directly or Indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations , 29 CFR 3 ; (3) that each laborer or mechanic has been paid not le ss that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified 1n the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certifica- ilon se t forth on the reverse side of Optional Form WH-347 shall Exhibit I sa ti sfy the requ irement for subm issi on of the "Statement of Compl iance " requ ired by paragrap h 2d of th is Secti on V . f . The fa lsification 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 requ ired records or to 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 suspens ion 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 wh ich provide solely for the installation of protective devices at ra ilroad 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 with the list of specific materials and supplies contained in Form FHWA-47 , "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Fede ral Funds ," prior to the commencement of work under th is con tract. b . Maintain a record of the total cost of all materials and suppl ies 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 un its 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 relativ e to materials and supplies , a fin al labor summary of all contract work indicating the tota l hours wor ked and the total amount earned . 2 . At the prime contractor's option , e ither a si ngle re port covering all contract work o r sepa rate reports fo r the co ntracto r and for each subcontract shall be subm itted . V II . SUBLETTING OR ASSIGNING THE CON T RACT 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 subcontract and the amount of any such specialty items performed may be deducted from the tota l original contract price before computing the amount of work required 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 contractor and equipment owned or rented by the prime contractor, with or wi thout operators . Such term does not include employees or equipment of a subcontractor, assignee , or agent of the prime contractor . b . "S pecialty Items• shall be construed to be limited to work that requires highly specialized knowledge , abilities, or Exhibit I -Page 6 of 9 REQUIRED BY 23 CFR 633 .102 ) equipment not ordinarily available in the type of contracting organ izations 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 requirements 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 furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision , management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with 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 provisions and requirements of the prime contract. VIII . SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal , State, and local laws governing safety, health , and san itation (23 CFR 635). The contractor shall provide all safeguards , safety devices and protective equipment and take any other needed actions as It determines , or as the 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 with the performance of the work covered by the contract. 2. It is a condition of this contract , and shall be made a condition of each subcontract, wh ich the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not perm it any employee, in performance of the contract, to work in surroundings or under conditions wh ich are unsan itary , hazardous or dangerous to his/her health or safety, as determined under constru cti on safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 u.s.c . 333). 3. Pursuant to 29 CFR 1926.3, It is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to Inspect or investigate the matter of compliance with the 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 STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers , contractors, suppliers, and workers on Federal-aid highway projects , ll ls essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible . Willful falsification , distortion , or misrepre - sentation with respect to any facts related to the project Is a violation of Federal law. To prevent any misunderstanding r ard ing the seriousness of these and similar acts , the follow ing notic shall be posted on each Federal-a id highway project (23 Exhibit I CFR 635) in one or more places where it is readily ava ilable 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, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation , or false reporl as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transporlation ; or Whoever knowingly makes any false statement, false representation, false reporl or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transporlatlon ; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of/he Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both ." X. IMPLEMENTATION OF CLEAN AIR ACT ANO 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 util ized In the performance of this contract, unless such contract is exempt under the Clean Air Act , as amended (4 2 U .S.C . 1857 ~~-.as amended by Pub .L. 91-604), and under the Federal Water Pollution Control Act , as amended (33 U.S.C . 1251 fil §fill., as amended by Pub .L. 92-500), Executive Order 11738, and regulations in Implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U .S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15 .20. 2 . That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, Indicating that a facility that Is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities . 4. That the firm agrees to include 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 RE QUI RED BY 23 CFR 633 .102 XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification -Primary Covered Transactions: (Appl icable to all Fede ral-a id contracts -49 CFR 29) a . By sign ing and subm itting th is proposal , the prospecti ve primary participant is providing the certi fi cation set out be low . b . The inab ility 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 th is transaction . However, failure of the prospective pri mary 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 remed ies 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 th is proposa l is subm itted if any time the prospective primary partici- pa nt learns that its certification was erroneous when subm itted or has be come erroneous by reason of changed circumstances . e . The terms "co vered transaction ," "deba rred ," "s uspend ed," "ineligible ," "lower tier covered transaction ," "partici pant," "person ," "primary covered transaction ." "principal ," "prL, al ," and "voluntarily excluded ," as used in this clause , have the mean ings set out in the Defin itions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is subm itted for assistan ce in obtain ing a copy of those regulations . f. T he prospective prim ary partici pant agrees by submitting this propo sal that , shou ld the proposed covered transaction be entere d into , it sh all not knowingly ente r into any lower tier covered transacti o n with a pe rson who is de ba rred , suspended, declared ine ligib le, or vol unta ri ly ex clud ed from partici pation in this covered transaction, unless authorized by the depart ment or agency entering into th is 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 Tra nsacti on ." provi ded by the department or agency entering into this covere d tra nsaction, without modification , in all lower tier covered transactio ns and in all solicitations for lower tier covered transactions . h . A participant in a covered transaction may rely upon a certification of a prospective participant In a lo wer tier covered transaction that is not debarred, suspended, ineligible, or volun - tarily exclu ded irom the covered transaction, unless it knows that the certifica tion is erroneous . A participant may decide the me thod and lrequency by wh ich It determines the eligibility of its principals . Each partic ipant may , but is not required to , check the nonp rocuremen t portion of the "Lis ts of Parties Excluded From Federal Procurement or Non procurement Programs" (Nonprocure- men t Lis t) wh ic h Is complied by the General Services Adminis tration . Exhibit I I. Noth ing contained in the forego ing shall be construed to requ ire establ ishment of a system of reco rds in order to rende r in good fa ith the certification requ ired by this clause. The knowledge and information of participant is not required to exceed tha t wh ich is normally possessed by a prudent person in the ordinary course of business dealings . j. Except for transactions authorized unde r paragraph f of these instructions, if a participant in a covered transaction know ing ly enters into a lower tier covered transaction with a person who is suspended , debarred, inel igible , or volunlarily excluded from participation in this transaction , in add iti on to othe r remed ies available to the Fede ral Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Excluslon--Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and bel ief, that it and its principals : a . Are not presently debarred, suspended, proposed fo r debarment, declared ineligible , or voluntarily excluded fr om 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 obta ining, attempting to obta in, or performing a public (Fede ral, State or local) transaction or contract under a publ ic transacti on ; violation of Federal or State antitrust statute s or commission of embezzlement, theft, forgery , bribery, falsification or destruction of records , making false statements , or receiv ing stolen property ; c . Are not presently indicted for or otherwise crim inall y or civilly charged by a governmental entity (Federal , State or local) with commission of any of the offenses enumerated in paragraph 1 b of th is certification ; and d . Have not with in a 3-year period preced ing th is application /proposal had one or more pub lic transactions (Fed eral, State or local) term inated fo r cause or default. 2. Where the prospect ive prim ary partici pan t is una ble to certify to an y of the stateme nts in this certificatio n , su ch pro spective particip ant shall atta ch an ex pl ana tion to th is propo sa l. 2 . In structi ons fo r Certification • Lower Tier Covered Tran saction s: (A pplicable to all subco ntracts, purchase orders and other lower tier tra nsacti ons of $25,000 or more · 49 CFR 29) a . By signing and submitting this proposal , the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon wh ic h reliance was placed when th is transaction was entered into . if it is later determ ined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with whi ch th is transaction or iginated may pursue available remedie s , includ ing suspension and/or debarment. Exhibit I -Page 8 of 9 REQUIRED BY 23 CFR 6)).102 c. The prospective lower lier participant shall provide immed iate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances . d . The terms "covered transaction ," "debarred," "suspended," "ineligible," "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 which this proposal is submitted for assistance in obtaining 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 this covered transaction, unless authorized by the department or agency with which this transaction originated . f . The prospective lower tier participant further agrees by submitting this proposal that It will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower ner Covered Transaction ," without mod ification , in all lower tier covered transactions and in all solicitations for lower tier covered transactions . g . A participant in a covered transaction may re ly 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 determines the eligibility of Its principals . Each participant may, but is not required to, check the Nonprocurement List. h . Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render In good faith the certification required by this clause . The knowledge and information of participant Is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings . I. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tie r covered transaction with a person who is suspended , debarred , Inel igible, or voluntar ily excluded from participation in th is transacti on , in addition to other remedies available to the Federal Government, the department or agency with which th is transaction originated may pursue available remedies, includ ing suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility a nd Voluntary Excluslon--Lower Tier Covered Transactions : 1. The prospective lower tie r participant certifies , by submission of th is proposal , that neither It nor its principals is presently debarred , suspended, proposed for debarment, declared Ineligible , or voluntarily excluded from participation In this transaction by any Federal department or agency. 2 . Where the prospective lower tier participant is unable to cert ify to any of the statements In th is certification , such prospec- tive part ici pant shall attach an explanation to this proposal . Exhibit I XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS OR LOBBYING (Applicable to all Federal -aid cons truction contracts and to all related subcontracts which exceed $100 ,000 • 49 CFR 20) 1. The prospective participant certifies, by sign ing 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 th is Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL , "Disclosure Form to Report lobbying ," In accordance with its instructions . 2 . This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into . Subm iss ion of th is certification is a prerequisite for making or entering Into this transaction imposed by 31 U .S.C . 1352. Any person who fails to file the requ ired certification shall be subject to a civil penalty of not less than $10 ,000 and not more than $100 ,000 for each such failure . 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this cert ification be included in all lower tier subcontracts , which exceed $100,000 and that all such recipients shall certify and d iscl ose 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. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Common Rule), at 49 Code of Federal Regulations, Part 18, except to the extent that other applicable federal requirements (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 l 8.36(d); 2. the Local Agency/Contractor shall request and obtain prior CDOT 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 letter to CDOT certifying Local Agency/Contractor compliance with section 18 .30 change order procedures, and with l 8 .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 l 8.36(i) (which are also deemed incorporated herein) into any subcontract(s) for such services as terms and conditions of those subcontracts. B . Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13 , 1967 and as supplemented in DepartmentofLabor regulations (41 CFR Chapter 60) (All construction contracts awarded in excess of $10,000 by grantees and their contractors or sub grantees). C. The Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and subgrants for construction or repair). D. The Davis-Bacon Act (40 U .S .C. 276a to a-7) as supplemented by Department of Labor regulations (29 CFR Part 5) (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 work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor). E. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as s uppl emente d by Department of Labor regulations (29 C FR Part 5). (Construction contracts awarded by grantees and subgran tees in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers). F. Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15) (contracts, s ubcontracts, and s ub grants of amounts in excess of $100,000). G. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163). H. Office of Management and B ud get Circulars A-87 , A-21 or A-122, and A-102 or A-1 I 0, whi chever is applicable. I. The Hatch Act (5 US 1501-1508) and Public Law 95-454 Section 4728 . These statutes state that federal Exhibit J -Page I of 3 ExhioitJ funds cannot be used for partisan pol itical purposes of any kind by any person or organization invol ved in the administration of federally-ass isted programs . J . 42 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 origin, age , or handicap , be excluded from participation in or be subjected to discrimination in any program or activity funded , in whole or part, by federal funds ; K. The Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102 , 12111-12117 , 12131- 12134, 12141-12150, 12161-12165 , 12181-12189, 12201-12213 47 USC 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 63 3 , concerning "Required Contract Provisions for Federal-Aid Construction Contracts". Q . 23 C.F .R. Part 635 , con cerning "Construction and Maintenance Provisions". R . Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973. The re quirements for which are shown in the Nondiscrimination Provisions, which are attached hereto and made a part hereof. S . Nondi s crimination Provisions: In compliance with T itle VJ o f the Civil Rights Act of 1964 and with Section 162(a) of th e Federal Aid Highway Act of 1973, th e Con tractor, for itself, its assignees and successors in interest, agree as follows : I. Compli ance wi th Re gulat io n s. Th e Contrac tor will c omply with th e Regu lati ons of the D ep artment o f Transportation re l ative to nondiscrimination in Fed erall y assisted programs of th e Department ofTransportation (Title 49 , Code of Federal Regulations, Part 21, hereinafter referred to as the "R egulations"), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. Th e Con tractor, with regard to th e work p erformed b y it after award a nd prior to completion of th e contract work , wi ll n ot discrimin ate on th e gro und of race, color, sex, m ental or physical handicap or nationa l origin in th e selection and r eten tio n of Subcontractors, in c ludin g procure ment o f m ateri als and leases o f equipment. The Contractor will n ot p art ici pate ei th er directl y or indirectl y in th e d iscri min ation prohibited by Secti on 2 1.5 of the Regu latio n s, inc l uding employm ent practices wh en th e contract covers a program set fo rth in Appendix C of the Regulations . 3. Solicitations for Subcontracts, Inc luding Procurement of Materials and Equip ment. In all solicitations Exhibit J -Page 2 of 3 C 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 FHW A 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 FHW A 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 19 , 2006 11 a i Southgate /S. Arapahoe Agreement for Reimbursement Initiated By: Staff Source: Utilities Department Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their April 11, 2006 meeting, recommended Council approval of the Agreement for Reimbursement of Southgate Property Owners. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED l _ In the early 1990's a clerical error caused 82 accounts that were in Southgate to be coded as being in the South Arapahoe Sanitation District. As a result, Southgate residents incurred the South Arapahoe Sanitation District 's maintenance charges, w hich were substantially higher than Southgate's charges. This situation was discovered when a homeowner observed that his property tax notice listed his residence in Southgate, but Englewood's bill stated he was in the South Arapahoe Sanitation Distri ct. He called Engle wood and brought it to the attention of the Utilities Department. The Utilities Department reviewed all the accounts in the affected subdivision to insure that the codes are correct. Notices with instructions wi ll be sent to th e affected property residents on obtaining refunds . FINANCIAL IMPACT It is the goal of all involved parties to resolve this matter so the owner/residents of the properties are refunded the overcharge amounts and Southgate Sanitation District is reimbursed for its uncollected service charges . After December 2007, any remaining unclaimed funds will be utilized for the benefit of Southgate customers. The South Arapahoe Sanitation District has calculated the amount of the refunds due the owners of the properties, including interest rates based on rates earned by South Arapahoe during the time p eriod. The City of Englewood, Southgate and South Arapahoe have consulted their records and all con c ur with the amounts noted. LIST OF ATTACHMENTS Agreement Bill for Ordinance ORDINANCE NO . SERIES OF 2006 BY AU THORITY COUNCIL BILL NO. 7 INTRODUCED BY COUN C IL MEMBER~~~~~- A BILL FOR AN ORDINANCE AUTHORIZING ENTERI NG AN INTERGOV ERNMEN TAL AGREEMENT BETWEEN THE SOUTH ARAPAHOE SANITATION DISTRICT , SOUTHGATE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD PERTAINING TO REIMBURSEMENT OF OVER CHARGED SANITATION FEES BY SOUTH ARAPAHOE SANITATION DISTRI CT TO THE SO UTHGATE SANITATION DISTRICT CUSTOMERS . WHER EAS , the City of Englewood Utilitie s Department has connector agreements with the South Arapahoe Sanitation District and South gate Sanitation Di strict ; and WHEREAS , as part of tho se agre ement s th e C it y bill s cu stomer s fo r the Di strict s' annu a l maint enan ce fees a long w ith th e Ci ty's tr ea tm efi t fe e s and re mit s th e ma int e nan ce fee s to th e Di strict s; and WH EREAS, seve ral houses o n th e bord er betwee n th e di strict s we re inc orrec tl y des ignat ed and billed for So uth Arap ahoe Sanit ati on Di stri ct fees in stea d of th e So uth gat e Sa nit ati o n Di stri ct fees; and WH EREAS, th e C ity of Eng lewoo d, So uth Arapah oe Sa nit ati o n Di stri ct and So uth ga te Sa nitati o n Di stri ct have reac hed a n ag ree ment whe re by th e char ges co ll ec ted fo r So uth Arapah oe Sanitati on Di stri ct a re to be re fund ed by So uth Arapah oe Sanit ati on Di stri ct to th e So uth gat e Sa nit ati on Di stri ct c ustomers, w ith int e res t ; and WH EREAS, So uth Arap a hoe Sa nit ati on Di stri ct w ill depos it th e fund s with th e C ity a nd th e C ity, as th e billin g party, w ill admini ster th e re fund process; NO W, THEREF OR E, BE IT ORD Ai ED BY T HE C ITY COUNC IL O F T HE C ITY O F ENGLE WO O D, COLO RADO, AS FOLLOWS: Sec ti on I . The City Cou nci l of th e City of Eng lewood, Co lorado here by a ut horizes entering into an Intergovernmenta l Agreement between the South Arapahoe Sanitation District, Southgate Sanitation District and the Cit y of Englewood pertaining to the reimbursement of over charged Sanitation Fees by South Arapahoe Sanitation District to the Southgate Sanitation District customers , attached hereto as Attachment I , a copy of Exhibit A to the Agreement is available in the Office of the Englewood City Clerk . Section 2. The Mayor i aut horized to execute and the City Clerk to atte t and seal the Intergovernmental Agreement for and on behalf of the City of Engle, ood, Co lorado. Introduced, read in ful l, and passed on fir t reading on the 19th day of June , 2006 . Published as a Bill for an Ordinance on the 23rd day of June, 2006 . Olga Wolosy n, May or 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 19th day of June , 2006 . Loucri s hia A . Ellis AGREEMENT THIS AGREEMENT entered into with an effectiv e date o f April 17 , 2006 , b y and between the SOUTH ARAPAHOE SANITATION DISTRICT , a Colorado special district (hereinafter "SASD "), the CITY OF ENGLEWOOD , a Colorado municipal corporat ion (hereinafter the "City"), and SOUTHGATE SANITATION DISTRICT, a Colorado special district (hereinafter "Southgate ") ( collectivel y, the "Parties"). WITNESSETH: WHEREAS , SASD and the City have an arrangement whereby the City bills and coll ec ts SASD annual customer service charges , and remits the collected amounts to SASD at specified times throughout the year; and WHEREAS , the City has , from the years 1994 through 2005 , inclusive, inad vertently collected SASD service charges from the residential properties listed on the attached Exhibit A (the "Properties") which are not located within SASD's boundaries, and are in fact located within the Southgate Sanitation District ("Southgate"); and WHEREAS, the City has a similar arrangement for the billing and collection of Southgate's annual service charges , and has not billed or collected the Southgate charges from the Properties; and WHEREAS, Southgate 's annual serv,ice charge is considerably les s that SASD 's servic e charge because SASD does not have an ad valore m tax and relies on the service charge for its operating revenue, with the result that the owners of the Properties have been substantially overcharged for sewer services during the time above-referenced ; and WHEREAS, the Parties wish to resolve this matter so that a) the owners of the Properties are refunded the amounts overcharged , b) Southgate is reimbursed for its uncollected s erv ice charges from the Properties, and c) any remaining funds are utilized for the benefit of customers of Southgate ; and WHEREAS , SA SD ha s calcul at ed th e amo Ui-it of th e refund due the owners of each of the Properties and to So uthgate, and in total, includ ing interest based upon th e rates earn ed by SASD on the overcharges during the times in question, which amounts are also included in the attached Exhibit A ; and WHEREA S, the City and Southgate have reviewed Exh ibi t A and consulted their own records and ag ree th at SAS D 's calcul at io n s are accurate and based up on appro pr iate assumptions and principles. NO W, T HE RE FORE , in consideration of the facts set forth above a nd the mutual covenants, terms , and conditions set forth below , the Parties to th is Agreement agree as fo ll ows: Page 1 of 5 - A t t a C h m e n t 1 1. SASD to Pay Southgate: SASD has delivered a check to Southgate on or abou t April 18, 2006, in the amount of four thousand , eight hundred fifty-eight and ninety-seven one - hundredths dollars ($4 ,858 .97) in full and final settlement of all amounts due Southgate in connection with this matter. 2. SASD to Deposit Funds: SASD has delivered a check to the City on or about April 18, 2006, in the amount of fifty-one thousand, five hundred fifty-seven and twenty-one one hundredths doll ars ($51 ,557.21), representing the total amount to be refunded to the owners of the Properties, including interest thereon through April 17, 2006 (the "Funds"), in trust, to be disbursed by the City in accordance with the terms hereof. 3. City to Implement Reimbursement: Subj_ect to the terms and conditions set forth in this Agreement, the City shall, at its own sole cost and expense, implement and administer all aspects of the disbursement of the Funds to the owners of the Properties. Such implementation and administration shall include without limitation the following duties and tasks: a. Determination of the correct allocation of the refw1d due for each of the Properties among the current and former owners thereof. b. Individual, direct notification to all current and past owners of any of the Prope1ties a t the last known service and/or billing address of each owner within the time period set forth above that the FW1ds are available and the procedure and requirements to ob tain reimbursement, including appropriate proof of ownership and the initial date of ownership. The City shall have no obligation to search for or otherwise determine the current mailing address of any former owner of any of the Properties . c. Publication of such notice by any reasonable means. It is agreed that publication will be the only means of notification of former owners of any of the Properties , other than mailing to the last known address as above provided. d. Determination of an appropriate reimbursement protocol , including without limitation provision for obtaining a release of claiins for the protection of the Cit y and SAS D prior to the iss ua nce of any chec k or other di s bursement of any Fund s . Such p ro toco l sha ll be subm itted to and approved by SASD and Southgate p r ior to impl ementation. e. Disbursement of Funds in accordance with the approved protocol. f. Maintenance of accounts showi ng the d is p osition of the Funds, and reporting the status of the acco un ts to SAS D an d So uthgate no less often th an monthly. g. Keeping SASD an d South gate ap p rised of any issues and concerns that arise during th e imp lementat ion of the reimbu rse ment protocol, or in connection with the City's duties hereunder. Page 2 of 5 4. Additional Interest: Immediately upon receipt of the Funds, the City shall deposit and hold the Funds in an interest-bearing account and a proportionate share of the interest earned thereon shall be added to the amount of each reimbursem ent check paid pursuant to this Agreement, as of the date of such check. 5. Termination of Reimbursement Program and Disposition of Undistributed Funds: The City shall hold the Funds and reimburse eligible patties pursuant to the approved reimbursement protocol until a date one year from the date of publication of notice as provided in subsection 3.c. above, after which time the City shall turn over any remaining funds to the State of Colorado in accordance with the provisions of the Unclaimed Property Act, C.R.S. § 38- 13-101, et seq. 6. Enforccment/RemediesNenue: The terms and conditions of this Agreement may be enforced through judicial action brought in a court of competent jurisdiction. Available remedies include specific performance, although the respective Parties each expressly waive any right to consequential, exemplary or punitive damages against the other Patties individually and collectively. The prevailing party to any judicial action brought shall be entitled to recover reasonable attorney's fees and court costs from the other party. Venue for any judicial action shall be exclusively in District Court for Arapahoe County, Colorado. 7. Settlement of Claims: Through the Parties' performai1ce of the terms set fo1th herein, all claims any Party may have against any other Party with respect to the overcharge of the Properties and the failure to collect and remit Southgate's sewer charge are hereby stipulated to be settled, and each Party agrees hereby to release, acquit, and forever discharge any and all such claims upon full and faithful performance of the terms of this Agreement. 8. Parties' Liabilities : Nothing in this Agreement shall be construed or interpreted as a waiver of any provision of the Colorado Governmental Immunity Act, sections 24-10-101 et seq., of the Colorado Revised Statutes. 9. Integration; Amendments: This Agreement is intended as the complete integration of all understandings between the Parties. No prior or contemporaneous addition, deletion or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing . 1':o subsequent addition ; d eletion, or other amendment hereto shall have any force or effect unless embodied in a written amendatory agreement executed by the Parties. 10. Third-Party Beneficiary: It is the intent of the Parties that no third party beneficiary interest is created in this Agreement, and specifically that no former or current owner of any of the Properties shall have standing to enforce this Agreement. 11. Financial Obligations : Notwithstanding the fact that the City's performai1ce ob ligatio ns will persist through more than one fiscal year, all of the costs except incidental bookkeeping and administrative costs a re ai1ticipated to be complete within 2006. This Agreement is not intended to create a multiple-fiscal year direct or indirect debt or financial obligation of any Party. Page 3 of 5 12. No Personal Liability : No elected official, director, officer, agent or employee of the City nor any elected official, director, officer, or agent of SASD or Southgate shall be charged personally or held contractually liable by or to any other party under any term or provision of this Agreement or because of any breach thereof or because of its or their execution , approval or attempted execution of this Agreement. 13. Paragraph Headings: The paragraph headings are inserted herein only as a matter of convenience and for reference and in no way are intended to be a part of this Agreement or to define, limit or describe the scope or intent of this Agreement or the particular paragraphs hereof to which they refer. 14. Legal Authority: The persons signing and executing this Agreement on behalf of each of the Parties, do hereby state and affirm that they have been fully authorized to execute this Agreement on behalf of the Party they represent, and to validly and legally bind the Party they represent, to all the terms, performances, and provisions herein set forth. 15. Counterparts: This Agreement may be executed in three (3) counterparts, each of which shall be deemed to be an original, but all of which shall together constitute one and the same document. [The remainder of the page deliberately left blank. Signature block starts on next page.] Page 4 of 5 IN WITNESS WHEREOF, each of the Parties has executed this Agreement to be effective on the date above written. ATTEST: Paul Schwarzweller Title: Secretary ATTEST: By: _________ _ City Clerk -Loucrishia A. Ellis ATTEST: Title: _________ _ G :SASD :060206-SASD ENG IGA SOUTH ARAPAHOE SANITATION DISTRICT By: __________ _ Steven Daldegan President, Board of Directors CITY OF ENGLEWOOD By:------------- Mayor -Olga Wolosyn SOUTHGATE SANITATION DISTRICT By: ___________ _ President, Board of Directors Page 5 of 5 3.12% 1.30% Account Number lbao I Direction Street Poet Dir 2005 2004 315040n421 7742 s Glencoe Cl s 92.38 s 71 .41 s 315040n520 7752 s Glencoe Cl s 112.12 s 71.41 s 315040n,10 7761 s Glencoe Ct s 82.12 $ 71.41 s 31504077712 7771 s Glencoe Cl s 124 .54 s 95 .31 s 31504077nl 7772 s Glencoe Ct s 112 .12 s 71 .41 s 3150«ln1u 77111 s -Cl s 82 .12 s 72.81 s 315040n125 nai s Glencoe Cl s 111 .46 $ 95 .31 s J150«ln11, n91 s -Cl s 82 .1 2 s 71 .41 s 315020n6D9 7760 s Glencoe Way s 82 .12 S 71 .41 s 315021171317 7831 s Glencoe Way s 82.12 $ 71 .41 s 315021171419 7141 s Glencoe Way s 82.12 S 71.41 s 315021178521 7852 s Glencoe Way s 82.12 S 71.41 s 315230n031 nDJ s Grape Cl s 82.12 $ 71 .41 s 315230n141 n14 s Gr-Cl s 131.12 $ 71.41 s 315230n11s 7711 s Gr-Cl s 115 .23 $ 71 .41 s 315230n232 7723 s Gr-Cl s 98 .37 s 71 .41 s 31523077389 7738 s G<-Cl s 115.45 $ 123.34 S 31523077 4IIO 7748 s G<-Cl s 82 .12 S 71 .41 s 315Z3080340 8034 s 0,-Cl s 82 .12 $ 71 .41 s 31523(,80534 I063 s G<-Cl s 82 .12 $ 71 .41 s S 152SOIIOl45 I064 s ~ Cl s 82.12 $ 71.41 $ 31523Dll0930 111193 s ~ Cl s 115.45 $ 128.95 $ 31543077053 7705 s Hudson Cl s 85 .23 $ 71.41 s 31543077166 n11s s Hudson Ct s 82.12 $ 71 .41 s 31543077257 7725 s Hudson Cl s 150 .07 $ 89 .70 $ 31543077al 7726 s Hudson Cl s s 71.41 s 31543077•1 774e s Hudson Cl s 82.12 S 71.41 s 315400782111 7820 s Hudson St s 82.12 $ 71 .41 s --5 54:!lli E Units Cr. $ $ 73.84 S -54762 5471 E Links Cr. s s 73 .84 $ -55371 5537 E Unk:3 Cr. s s 73 .14 $ -110542117 5420 E l.ong Pt. s s 128.17 $ -11~ 5440 e · Long Pl s s 74 .25 $ ll9l3052790 527& E -ral Cr. $ s 74.25 $ 3Rll052113 52!11 E Mine<al Cr. s s 111 .56 $ 3RDISDl7 53311 E -Cr. s s 75.n s 311331153111 53911 E Mineral Cr . s $ 74 .25 $ -,,0540IS 540I E Mineral Cr . $ s 73 .14 S 3ti933054299 5429 E -ral Cr. s $ 74.25 S ~ s., A=ounls charged Soulh "'-'-F- 1.10% 2003 SOU™ ARAPAHOE SANITATION DISTRICT Southgole Properties Charged by Englewood Average lnt...est Roles : 1.76% 3.95% 6.06% 4 .86'11, 2002 2001 2000 tHg EXHIBIT A ''t~':J'' Paymonlsto · ·---·--· ·---·---.;~.~ ::\ .. 1~ 5.24% 5.29% 5.10% 5.54% 3 .80% ...... tH7 ·-..... ....... .... ,,. .. --• ~~. u. "~. u. ~q. ~Q !ll!!l!i::,:.I 62.58 s 52 .15 s 43 .05 s 39.48 s -··-----··----·-"' -·-· ---·-· 62.58 s 52 .15 s 48.79 s 43 .43 s 30.26 $ 38.90 s 41 .07 s 37.95 S 37 .14 s 46.42 62.58 s 52.15 s 36.56 s 39.48 s 27.59 S 27.59 s 32.42 s 31 .05 S 29.57 s 30.11 98 .26 s 69 .60 s 48.79 s 55 .77 s 32.42 $ 28 .14 $ 28.14 s 27.60 $ 411 .75 S 41 .71 62.51! s 52 .15 s 37 .31 s 52 .66 s 311 .90 $ 45 .40 s 43.23 s 39.611 $ 29.57 s 29.57 71.60 s 52.15 $ 36.56 s 39.48 s 32.42 $ 32.42 s 32.42 s 21.97 s 29 .57 s 32.50 93 .35 $ 15 .97 s 74 .62 s 61 .97 s 49.72 $ 32.42 s 41 .D7 $ 27 .60 $ 41 .711 $ 44.11 62 .58 s 52 .15 $ 36.56 $ 39.48 s 27 .59 S 27.59 $ 27 .59 s 21.97 s 39 .46 S 30.111 62.58 $ 52.15 S 36.56 $ 39.48 s 27 .59 S 27.59 $ 27 .58 S 21.17 S 29 .57 S 62.58 $ 57 .32 S 54 .53 $ 39 .48 $ 27 .59 S 27 .59 $ 27 .59 S 21 .97 $ 32 .50 S 62.58 s 53 .22 $ 36.56 S 46.46 $ 73 .69 S 61 .40 S 43.D5 $ 49.56 s 13.51 s 61 .40 S 51 .66 S 46.46 $ 117 .91 s 911 .25 $ 51 .66 s 58.87 s 73 .69 $ 65.50 S 45.92 S 40 .33 $ 63 .86 $ 69.60 $ 45.92 $ 49.56 S 62.58 $ 77 .79 $ 63.14 $ 71.28 $ 62.58 S 52.15 S 37 .31 $ 43.43 s 62 .58 $ 52.15 $ 37 .31 s 55 .77 $ 78.60 $ 85.97 S 54 .53 $ 55 .77 s 62.58 S 52.15 $ 36.56 S 46.46 s 911.26 S n .79 s 45.92 s 40 .33 s 63 .86 $ 52.15 S 36.56 $ 39.48 s 68.118 $ 73 .59 S 43.05 $ 52.66 $ 132.64 $ 1D&.44 $ 611.1111 $ 74 .38 $ 62.58 $ 52.15 $ 36.56 $ 39.48 $ 63 .86 S 52.15 $ 36.56 $ 39.48 s 13.52 $ 69.60 S 36.56 S 39.48 $ 61 .92 $ 53.22 S 36.56 $ 47 .311 S 61.92 $ 52.1 5 $ 36.56 $ 47.38 s 61 .92 $ 52.15 $ 36.56 $ 47 .311 $ 136.11 $ 122.82 $ 66.01 s 115 .53 S 611 .D5 $ 52 .15 $ 36.56 S 47 .38 S 63.20 S 53.22 S 36.56 $ 47 .311 S 97.23 $ 52.15 S 43 .D5 S 63 .211 s 106.95 $ 73 .69 $ 43.D5 $ 55 .75 $ 61 .92 $ 53.22 S 36.56 S 52.11 $ n .1a s 69.60 S 40 .18 $ 74 .36 s 63.20 s 57.32 S 63.14 $ 74 .36 s Page 1 of6 32.42 S 27 .59 S 27 .59 s 21.87 S 30.26 $ 27 .59 $ 27 .59 s 22.43 $ 36.75 S 27 .59 $ 28 .14 s 21.97 S 32.42 $ 32.42 $ 28 .14 $ 21 .97 $ 32.42 $ 32.42 S 30 .26 S 34.50 S 36.75 S 34 .58 $ 34.58 s 22.43 $ 38.90 $ 34 .58 $ 32.42 s 25 .1111 $ 30 .26 S 30 .26 S 27 .59 s 21 .97 S 34 .51! $ 30.26 $ 51.87 s 36.23 $ 45 .40 $ 62.69 $ 45.40 s 34.50 S 27 .59 $ 27 .59 $ 34.511 S 21 .97 S 32.42 $ 32.42 $ 28.14 $ 22.43 $ 27 .59 $ 27 .59 $ 27.59 S 21 .97 $ 34.58 S 30.26 S 30 .26 S 27 .60 $ 14 .30 $ 27 .59 S 27.59 $ 21 .97 $ 27 .59 S 27 .59 $ 27 .59 $ 21.17 $ 38.90 $ 27.59 $ ~.75 $ I 21 .97 $ 27 .59 $ 27 .59 S 27 .59 $ 21 .97 S 27 .59 S 32.42 $ 34 .58 s 21.97 $ 27 .59 S 32.42 $ 28.14 $ 21 .97 S 27 .59 $ 27 .59 $ 27.59 S 21 .97 $ 27 .59 S 28 .14 S 27 .59 S 34.50 $ 27 .59 $ 30 .26 S 28 .14 s 25 .81 $ 27 .59 S 27 .59 $ 27 .59 S 21 .97 $ 38.90 S 27 .59 $ 30.26 S 22.43 $ 32.42 S 41.07 $ 34 .58 s 31 .D5 $ 27 .59 S 32.42 $ 27 .59 S 21.97 $ 28 .14 $ 27 .59 $ 27 .59 $ 21 .97 $ 43.23 $ 45 .40 $ 30 .26 $ 31.D5 $ 30 .18 S 37 .14 S 29 .57 S 41.78 S 39 .46 S 29 .57 s 30.18 S 29 .57 S 2!1 .57 S 44 .11 s 21.97 $ 41 .78 $ 27.59 $ 32 .50 S 29 .57 S 30 .18 $ 29 .57 S 29 .57 S 29 .57 S 32.50 S 29 .57 S 39 .46 $ 37 .14 $ 29 .57 S 37 .14 S 44 .11 s 29 .57 S 30 .111 S 44 .11 s 34.82 44.11 39."46 34 .82 29.57 29.57 21 .97 37.14 27.59 34.82 29.57 37.14 32.50 29.57 53.39 29.57 ,15. l :/:. '' :::- ./.(;; ::'. .. ?t:l::11:::1 ·t :\t·ra:. i.1~1:t:,{ ')~- .• ·::.• ":·!iili.:5i ' ·,·::" ........ . s: .. /. /?Fffl.22 s .:/:+:{iiur ···::i'''"::•,e:;.;a· .,::;t~\/:···-- <t"--· ~ tll :1:i!l~:l~:::1 4l&/2006 - SOUTH AAAPAHOE SANITATION DISTRICT Southgate Properties Charoed by Eng'8wood .. )~r.i lnl ereat Earnings: -· • Oil'9Ction Street Paet Dir 1994 1995 1996 1997 1991 1999 2000 2001 2002 2003 2004 2005 2006 31504077421 n42 s Glencoe Cl 0 ,49 2 .17 3 .34 4 .86 6 .34 7 .42 11 .63 9 .49 5.14 3.85 5.42 15 .65 6.96 l1!l040T7520 n52 s Glencoe Cl 0 .81 3.35 4 .98 7 .34 9 .57 10 .85 16.24 12.86 6.75 4 .87 6 .63 18 .47 8.05 l15D40T7610 n61 s Glencoe Cl 0 .50 2.21 3.50 5.31 6 .92 7.91 12.19 9 .75 5.20 3 .89 5 .46 15.61 6.88 ll5040T77 12 nn s Oloncoo Cl 0 .72 3 .40 5.08 6 .82 8 .40 9 .49 14.90 12.19 6 .59 5.06 7.25 21 .02 9.36 31-77723 nn s G.ncac Cl 0 .49 2 .17 3 .69 6 .03 8.43 10 .11 15.82 12.53 6.49 4.71 6 .44 18 .00 7.116 ll-77114 n11 s Oloncoo Cl 0 .54 2.34 3 .40 4.95 6 .67 7 .91 12.34 9 .85 5.25 4.01 5 .72 16.25 7.15 315IMIIT7 ffl n12 s Glencoe Cl 0 .76 3.3,4 4 .114 6 .90 8 .94 10 .54 17 .0 1 14.28 7.83 5 .97 8 .31 23.40 10.26 ,1-n,1, n11 s Glencoe Ct. 0 .50 2.48 3.80 5.25 6 .74 7 .73 11 .96 9 .59 5.13 3 .114 5 .41 15 .47 6 .82 311Dll1T7-n&a s Gloncoo Way 0 .49 2.17 3 .24 4 .64 6 .10 7 .11 11.14 9 .03 4.87 3 .68 5.21 14 .99 6 .63 l 151121D711317 7131 s Glencoe Way 0 .49 2.25 3 .39 4 .81 6 .28 7 .28 11 .37 9 .54 5.31 3 .99 5 .58 15.119 7.00 ll50:Z,07M19 71141 s Gloncoo Way 0 .72 2.89 3.85 5 .42 6.81 8.02 12.69 10.24 5.44 4.04 5 .65 16.06 7.07 31!!1113171521 7852 s G.ncoe Way 0 .49 2.38 3.65 5.11 6 .58 7 .65 12.23 10.11 5.51 4.20 5 .90 16.68 7 .32 l 15ZlOT70311 n03 s G,.o Cl 0 ,49 2.17 3.24 4 .86 6.13 7 .36 11 .97 10 .04 5.55 4 .28 6.06 17 .07 7.411 315ZlOT7141 nM s c;,_ Cl 0 .49 2.51 3.89 5.37 6 .99 8.22 13.34 11.23 6 .43 5.22 7.42 21 .15 9.46 315ZlOT7115 n11 s a,_ Cl 0 .59 2.75 4 .37 6 .29 8.02 8.22 14 .09 11.26 6 .10 4 .59 6 .38 17 .89 7.83 315Zllll77232 nn s Or-Cl 0 .76 3 .00 4 .06 5 .74 7 .61 8 .88 14.19 11 .51 6 .25 4.66 6 .39 18.13 8.02 l 15ZllOT73111 n» s a,_ Cl 0 .67 2.75 3 .92 5.62 7 .43 8 .86 14.75 12.611 7.02 5.18 7 .35 21.55 9.52 l15ZJOT74IO 7741 s a,_ ct 0 .59 2.47 3 .53 4.96 6 .50 7 .64 12.03 9 .73 5.20 3.89 5 .46 15.61 6.88 31~340 11134 s Gr-Cl 0 .49 2.17 3.60 6 .07 8.31 9 .51 14 .99 12.02 6 .26 4.56 6.26 17 .56 7.68 31~ me s Gr.-Cl 0 ,49 2.57 4.33 6.65 9 .59 11.82 18.37 14.69 7 .94 5.90 7 .97 21.73 9 .39 31~5 -s Or-Cl 0.3-4 1.53 2.41 3 .93 5.54 6 .57 10 .64 8 .82 4 .78 3.62 5 .14 14.81 6.56 315ZJDal930 -s ~ Cl 0 .63 2.94 4.32 5.85 7 .50 8 .72 13.42 10.ao 6 .00 4.73 7 .08 20.97 9.29 l1SUOT70S3 7705 s -ct 0 .45 2.00 3.02 4 .41 5.85 6.87 10.113 8 .81 4 .77 3 .62 5 .15 14.119 6 .61 l1"3D771fl 7711 s -Cl 0 .511 2 .55 3.83 5 .51 7.15 8 .37 13.41 10.98 6 .02 4.56 6 .31 17.67 7 .72 ,1s.uonm 77'1!5 5 -Cl 0 .49 2.17 3.24 4 .64 6 .10 8 .49 15.n 13.56 7 .73 6 .18 8 .77 25.04 11 .17 l1S0D172A 77211 5 -Cl 0 .63 2.62 3 .69 5.14 6 .61 7 .52 11 .80 9 .48 s .08 3.81 5.37 14 .17 5.80 )154311774'1 11• s -Cl 0 .54 2.34 3.40 5.06 6 .78 8 .05 12.73 10.12 5.37 ,4 .00 5 .61 15 .96 7.03 31-78219 7131 5 Hudson st 0 .,49 2.17 3 .24 4 .64 6.10 7 .11 11 .14 9 .03 5.02 3 .99 5.72 16.23 7 .13 -5431 E Links Cr. 0 .49 2.17 3.24 4.83 6 .61 7 .73 12.19 9 .91 5.29 3.94 5.54 14.62 5.99 -.»54712 547S E Links Cr . 0 .49 2.25 3.39 4 .83 6 .43 7 .56 11 .97 9 .75 5.21 3 .89 5 .47 14 .46 5.92 379 5537 E Links Cr. 0 .49 2 .17 3.24 4 .64 6.10 7 .11 11 .38 9 .35 5 .02 3 .77 5.33 14 .11 5.78 I ::i:: -,,os.a1 54211 E Long Pl. 0 .94 3..81 5 .41 7 .35 8 .94 9 .90 16.19 14.02 8 .05 6.49 9.43 24 .98 10.23 --5440 E Long Pt 0 .48 , 2.38 3 .74 5.31 6.88 7.94 12.47 10 .10 5.37 4 .02 5 .68 14 .96 6.13 JaDt527• 527S E Mineral Cr. 0 .49 2.17 3.24 4 .64 6 .10 7 .11 11 .~ 9 .35 5.03 3.79 5 .36 14 .20 5.82 •• K2KJ 5211 E Mineral Cr. 0 .67 2.95 4.20 5.78 7 .35 8 .61 14.18 11 .73 6.17 4.69 6.72 17 .63 7.22 -iMIUA7 53lll E Mineral Cr . 0 .50 2.61 4.27 6.21 8 .27 8 .69 15.16 12.25 6 .80 5.14 7 .28 18.90 7.74 ~ 53tl E Mineral Cr . 0 .49 2.17 3 .24 4.64 6.23 7 .36 11 .84 9 .77 5.22 3 .90 5 .49 14 .52 5.95 ~ S40I E Mineral Cr. 0 .54 2 .36 3 .43 4 .86 6 .32 7 .34 12.52 10 .75 5.85 4.48 6.29 16 .44 6.74 XSJ30S42tl 5429 E Mineral Cr . 0 .49 2 .57 4.24 6 .06 8.11 9 .90 16.34 13 .84 7 .37 5.30 7 .17 18.61 7.62 -...------Soulh ~ - Page2ol6 4/5/2006 SOUTH ARAPAHOE SAN ITATION DISTRICT Southgale Properties Charged by Englewood Average Interest Rates : L \~t ~::;J -~1,:., 3.12% 1.30% 1.10% 1.76% 3 .95% 6 .06% 4.86% 5.24'!1. 5.29% 5 .10'!1, 5 .54'!1. Account __ , ....... • Oirectlor. StrNt Poot Dir 2005 2004 2003 2002 2001 2000 1999 1991 1997 1996 1995 :Jlil33054302 5430 E Minef81 Cr. s $ 87.40 $ 82.63 $ 81 .88 $ 54 .53 $ 89.25 $ 51 .87 $ 47.55 S 47 .55 $ 21 .97 s 51.07 $ 48.75 J693l054390 5439 E Minen,I Cr . s s 74 .25 $ 68 .05 $ 57 .32 $ 36 .56 s 47.38 $ 27 .59 $ 32 .42 $ 38 .90 s 21 .97 s 29.57 $ 36933054'*)4 54«1 E Mineral Cr. s s 75 .77 s 106.95 $ 106.44 $ 80 .36 S 104.1 4 S 58.37 $ 58.37 S 49.72 S 41 .40 s 60.35 S 55.71 Jlll3305'492 5449 E M-..1 Cr. s s 74 .25 s 194.43 $ 126.91 s 129.15 $ 182.23 S 114.JO S 49 .72 S 49 .72 S 29.33 s 41 .78 $ 48 .75 36933054594 5459 E Minen,1 Cr. s s 99.04 s 116.67 $ 61 .40 $ 43.05 $ 55.75 S 32.42 S 34.58 S 34 .58 S 25.88 s 44.11 s 29.57 36933054608 5460 E M-..1 Cr. s s 74.25 s 61 .92 S 52.15 S 36.56 S 47.38 S 27 .59 S 27.59 S 27.59 S 21 .97 s 29.57 S 29.57 3Ull054798 5479 E M-.1 Cr. s $ 93.22 $ 87 .50 $ 52.15 $ 36.56 $ 47.38 $ 27 .59 $ 30 .26 $ 34.58 $ 25.88 $ 32.50 S 29.57 36933054890 5419 E Mineral Cr. s s 74.25 s 61.92 S 53.22 S 36.56 S 70.64 S 43.23 $ 27 .59 $ J0.26 S 22.43 S 32.50 $ 29.57 JU33055010 5501 E Mineral Cr. s s 74.25 $ 63.20 $ 77 .79 $ 68 .88 $ 70 .64 $ 36.75 $ 43.23 $ 41 .07 $ 31 .05 $ 41.78 $ 37.14 ll593J055214 5521 E Mlnenll Cr. s s 74.25 S 61 .92 $ 52.15 S 36.56 $ 48 .39 $ 27 .58 $ 28.14 S 38.90 $ 21 .97 s 37 .14 $ 32.50 :Ml33055418 5541 E Minecal Cr. s s 74.25 S 61.92 S 52.15 S 36.56 $ 47 .38 S 27 .59 S 27 .59 S 27.59 S 22.43 S 29.57 $ 29.57 J81lJ1155510 5551 E Minar.al Cr. s s 74.25 $ 61 .92 S 139.19 $ 36.56 s 104.14 $ 47.55 $ 51.17 S 64.85 S 46.58 S 76.60 $ 29.57 :.E30~5611 5561 E Mineral Cr. s s 74 .25 s 61.92 S 57 .32 S 36.56 $ 47.38 S 27 .59 S 27 .59 $ 27 .59 S 22.43 s 44.11 s 29.57 3A3l0S5713 5571 E Mineral Cr. s s 99.04 S 97 .23 S 52.15 S 36.56 s 47 .38 S 27 .59 S 28 .14 S 27 .59 S 21.97 s 29.57 S 29.57 J81lJ1155815 5581 E Mineral Cr. s s 74.25 s 72.91 s 65 .50 s 43.05 s 52.11 s 30.26 S 32.42 S 36.75 s 37.95 S 55.71 s 44 .11 369J3055917 5591 E Mineral Cr. s s 74.25 $ 61 .92 $ 52 .15 $ 36.56 $ 47.38 $ 27 .59 $ 27 .59 $ 27 .59 $ 21 .97 s 29.57 S 30.18 3692ll054262 5426 E Mineral Ln $ s 75 .n s 82.63 $ 81.88 $ 54.53 s 70.64 $ 41 .07 $ 28.14 $ 27 .59 S 21 .97 s 29.57 S 29.57 361211054863 5486 E Mineral Ln s s 74 .25 s 61 .92 $ 52.15 $ 36.56 $ 47.38 $ 38.90 $ 27 .59 $ 27.59 S 24.15 s 34.82 S 37.14 36929055050 5505 E M-.1 Ln s s 74.25 $ 61.92 $ 52.15 $ 36.56 S 47 .38 S 27 .59 $ 27 .59 S 27 .59 S 21 .97 s 29.57 S 29.57 llil2!IOS565t 5565 E M-.1 Ln s s 74.25 $ 68.05 $ 57 .32 $ 40 .18 $ 47 .38 $ 27 .59 S 47 .55 $ 47 .55 $ 25.88 $ 29.57 S 44.11 3n2IOS5662 5'566 E Mine<al Ln s s 74 .25 $ 77.78 $ 102.35 $ 45.92 S 70.64 S 38.90 S 30 .26 $ 38.90 S 27 .60 s 34.82 S 32.50 381310552711 5527 E Minen,I P1 s s 74.25 $ 92.37 $ 65 .50 $ 48.79 $ 63.20 S 32.42 $ 77 .82 $ 73.49 S 69.00 $ 92.85 S 41.78 3alto55280 55211 E Mineral P1 s s 74.25 S 63..20 $ 53.22 S 315 .56 $ 47 .38 $ 27 .59 S 27 .59 S 27 .59 S 21 .97 s 30 .18 $ 30.18 Jalto55585 5558 E Mineral Pl s $ S7 .40 s 68 .05 $ 81.88 $ 45.92 $ 66.92 $ 36.75 $ 47 .55 $ 49.72 $ 36.23 $ 51 .07 $ 3&931CIS58IO 5588 E Mineral Pl s s 74.25 s 61.92 $ 52.15 $ 68.88 $ 81.81 $ 49.72 S 43 .23 $ 47 .55 $ 32.78 $ 48.75 S -S20l7 5208 E -Dr. s s 74.25 $ 61.92 $ 52.15 S 36.56 $ 48.311 $ 28 .14 $ 27.59 $ 32.42 $ 24.15 $ 39.46 S 3954052382 52311 E -Dr. s s 93.22 S 82.63 $ 73 .19 S 48.79 $ 63.20 S 36.75 S 36.75 $ 45.40 $ 32.78 $ 44 .11 $ Ja54052&ll8 52111 E -Dr . $ s 81 .56 $ 63.20 $ 61 .40 $ 43.05 $ 63.20 $ 34.58 $ 28 .14 $ 27 .59 $ 31.05 s 34.82 $ _, 52911 E -Dr. $ $ 104.118 $ B7 .50 $ 90.06 $ 57.40 $ 59.47 $ 32.42 $ 32.42 $ 38.90 S 32.78 $ 29 .57 $ :Ja5e53002 5JOO E -Dr . $ $ 74.25 $ 63..20 $ BS .97 $ 74.62 $ 92.98 $ 41 .07 $ 27.59 $ 38.90 $ 36.23 s 67 .32 $ -SllO!I 5390 E Nichols Dr. s s 75.77 $ 63.20 $ 53.22 S 37 .31 $ 74.36 $ 43.23 $ 34.58 S 36.75 $ 29.33 s 44.11 s 38151054031 5403 E Nichols Pl. $ $ 81.56 s 92.37 $ 52.15 S 57.40 $ 100.42 S 58 .37 $ 56.20 S 64.85 $ 50 .03 $ 53 .39 $ :.951054144 5414 E Nichols Pl. s $ 163.14 $ 165.27 S 118.72 $ n .49 s 133.92 $ 62.611 S 45 .40 $ 51.87 $ 22.43 s 29 .57 S :.951054235 5423 E -Pl. $ $ 74.25 $ 61.92 $ 57 .32 $ 40.18 $ <Cll .311 $ 43.23 $ 43 .23 $ 45.40 $ 21 .97 s 60 .35 $ -10543411 5434 E -PL s $ 75.n s 87 .50 $ 61 .40 S 36.56 $ 47.38 $ 27 .59 S 27.59 S 27 .59 $ 25.88 s 41 .78 $ 3815105443!1 5443 E Nchols Pl. s $ 87 .40 s 63 .20 $ 53.22 $ 40.18 $ 52.11 34 .58 $ 34.58 $ 34.58 $ 27.60 s 37 .14 S -10SIS30 5453 E Nichols P1. s $ 87 .40 s 72.91 $ 69.60 s 48.79 $ 55.75 $ 30.26 S 43.23 $ 28 .14 $ 22.43 s 29.57 S -1054Sl1 Sl54 E -Pl. $ s 192.27 S 136.11 s 85.97 $ 63.14 $ 122.75 $ 43.23 $ 41.07 $ 45.40 $ 36.23 $ 58 .03 $ -1054734 Sl73 E Nichols PL $ s 74.25 $ 61 .92 $ 53.22 $ 51.66 $ 66.92 $ 30 .26 $ 38.90 $ 27 .59 $ 25.88 $ 51 .07 $ -1054745 Sl74 E Nichols Pl. $ s s s $ $ $ s $ s $ s -1054938 5493 E Nichols Pl. s $ 74.25 $ 61 .92 $ 52.15 $ 74 .62 $ 52.11 $ 30.26 $ 34.58 $ 30 .26 $ 22."3 $ 44.11 $ 29 .57 1.f '/:;.st~h -. . ·:,)•51,1 .77 Page 3 of6 4/6/2006 ,,,--... i SOUTH AR APA HOE SAN ITATI ON DISTRIC T Sou thgate P ro perties Charge d by Englewood ~.".Interest .· Interest Ewnlngs: Ho.ae I Direction s1r .. 1 Post Dir 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 ~ SbO E !Aononl Cr . 0 .85 3.87 5.44 7.58 10 .22 12.22 20 .11 16.56 8 .77 6.43 8 .73 22.63 9.27 Jbl3054390 5439 E Miner.a l Cr . 0.71 1.82 3.39 5.22 6.38 10 .42 8.69 4 .76 3.67 5.25 13.92 5.70 361l31154404 5'40 E Miner.a l Cr . 0.98 4.52 6.82 9.67 12 .74 15 .11 24.55 20 .43 10 .99 8 .11 10.83 27 .57 11 .29 3"3lOS4412 S449 E Miner.a l Cr. 0 .85 3.61 5.14 7.50 10 .26 13 .10 25.09 23 .35 12.95 9.95 13 .59 34 .29 14 .05 :,S!D]OS4 594 5459 E Mineral Cr. 0.49 2.57 4 .11 5.89 7.77 9.03 14 .30 11.66 6.22 4 .88 7.19 19.04 7.80 ---5460 E Miner.al Cr . 0 .49 2.17 3.24 4.64 6.10 7 .11 11.38 9.35 5.02 3.77 5.33 14 .13 5.79 lftll0547M 5479 E M.w~I Cr . 0 .49 2.25 3.4 9 5.21 6.95 8 .01 12.56 10 .16 5 .39 4.15 6.08 16.24 6.65 Jbl3054890 S489 E Mtner.al Cr. 0 .49 2.25 3.40 4 .9 1 6.45 7.83 13 .52 11.29 5 .92 4 .35 6.03 15.82 6.48 JOS]OSS0 10 5501 E Miner.al Cr. 0.63 Z.!M 4.54 6.67 8.98 10 .54 16 .1!6 14 .24 7.78 5.67 7.62 19.71 8 .07 JH3]055214 5521 E Miner.al Cr. 0 .54 2.55 3.80 5.56 7.37 8 .37 13.06 10 .53 5 .56 4 .11 5.75 15.1 3 6.20 30S3DSS41I 5541 E -Cr. 0 .49 2.17 3.25 4 .67 6.13 7 .14 11 .4 1 9.38 5 .03 3.78 5 .34 14.15 5.79 JOS]0555 10 5551 E Minera l Cr. 0 .49 3.47 6.36 9 .7 1 13.02 14 .96 24 .01 19 .20 10 .32 7.62 9.94 25.36 10.39 3ffl305S6 I 1 5561 E Miner.a l Cr. 0 .49 2.57 4.02 5 .5 1 7.00 8 .00 12 .54 10 .15 5.43 4.06 5 .68 14.98 6.13 3ff3]055713 5571 E Mine<III Cr. 0 .49 2.17 3.24 4 .64 6.11 7.14 11.42 9.38 5 .03 3.97 5.97 16.06 6.58 3U3305S815 5581 E Mineral Cr. 0.76 3.73 5 .84 8 .16 10 .14 11.24 17 .03 13.46 7.09 5 .22 7.14 18.53 7 .59 JHJ30551117 5591 E Mineral Cr. 0 .50 2.21 3.27 4 .68 6.14 7 .15 11 .43 9.39 5.04 3.78 5.35 14.16 5.80 36929054262 5426 E Miner.al Ln 0 .49 2.17 3 .24 4.64 6.11 7 .47 12.97 11 .27 6.33 4 .88 6.80 17 .74 7.27 369290541163 5411& E Monera! Ln 0.63 2.75 3.99 5.53 7.02 8 .29 13.27 10 .65 5.62 4 .15 5 .79 15 .24 6.24 31112905SOSO 5505 E Mineral Ln 0.49 2.17 3 .24 4 .64 6.10 7.11 11 .38 9.35 5.02 3.77 5.33 14 .13 5.79 Jl82905S651 5565 E Mineral Ln 0.76 3 .00 4.14 6 .27 us 10 .30 15 .56 12 .30 6.46 4.74 6.54 17 .07 6.99 3&92905561i2 5566 E Mineral Ln 0 .54 2.48 3.8 2 5.73 7.61 8 .93 14 .82 12.38 6.94 5 .35 7.33 19 .00 7.78 311931055279 5527 E M' .. ral Pl 0.72 4 .62 11.47 12.85 17.21 19 .32 28 .03 21.38 10 .79 7.67 10 .20 26 .0 1 10 .66 3U310552*> 5528 E Mineral Pl 0 .50 2.22 3.30 4.72 6.17 7.19 11.48 9.42 5 .06 3.81 5.39 14 .26 5.84 Jn31055585 5558 E Mine<al pt 0.67 3.33 5.29 7.86 10.57 12.20 18.93 15.13 8 .03 5.88 7.98 20.79 8 .52 3119l105SIIIO 5588 E -.1 Pl 0 .63 3.14 4.95 7.34 us 11.70 19.14 16.03 8.38 5 .91 7.89 20.36 8 .34 3l9540S2087 S20II E Nicnols Or . 0.49 2.45 3.82 5.46 7.08 8 .09 12.71 10 .29 5.45 4 .04 5.66 14.92 6.11 -52312 5231 E N1chals Or . 0 .81 3.54 5.22 7.57 9.87 11.25 17 .57 14 .18 7.54 5 .60 7.79 20.41 8 .36 lH54fS21111J 52611 E Nichols Or . 0.49 2.32 3.75 5 .45 6.95 8 .13 13.41 11.20 6.01 4 .46 6.21 16.38 6.71 3HS405Z9113 5298 E Nicnols Dr. 0.81 3.14 4.45 6.56 8 .53 9.72 15.32 12 .72 7.09 5 .43 7.69 20.37 8 .34 lft54053002 5300 E N'oc:hals Dr . 0.49 3.22 5.60 7.91 9.81 11 .07 18.37 15 .84 8.65 6.27 8 .33 21 .44 8.78 36954053909 5390 E Nichols Dr. 0 .50 2.61 4.23 6.17 8.12 9.64 16.00 13 .09 6.76 4 .89 6.69 17 .46 7.15 l6!J51054D31 5403 E Nid>ols Pl . 0 .81 3.80 6.15 9.57 12.99 15.30 24 .69 20.00 10 .11 7.17 9.65 24.77 10 .15 l5951054144 5414 E Nichols Pl. 0 .71 1.83 3 .76 8.30 8 .60 17 .05 15 .81 8 .95 7.20 10 .69 28.61 11.72 3051054235 5423 E Nichols Pl. 0.94 4 .39 6.19 8 .34 10 .85 12.52 18.99 14 .68 7.55 5.41 7.29 18.91 7.75 31951054348 5434 E Nichols Pl. 0.49 2.51 3.98 5 .57 7.06 8 .05 12 .61 10 .20 5.49 4.26 6 .10 16 .02 6.56 3051054-431 5443 E -PL 0.49 2.38 3.78 5 .58 7.44 8 .77 13.91 11 .26 5.94 4.37 6.14 16.3 1 6.68 llt5 1054530 5453 E -Pl . 0 .49 2.17 3.25 4 .68 6 .56 8.02 12.91 10 .82 5.96 4 .52 6.39 16.9 1 6.93 31951054541 5454 e Nichols Pl. 0 .85 4 .06 6.1 8 8 .71 11 .17 12.78 21 .59 18 .43 9.74 7.36 10 .88 29.53 12 .10 31951054734 5473 E Nichols PL 0 .59 3.07 4.77 6 .42 8 .25 9.56 15.27 12 .72 6.72 4 .85 6.63 17.29 7.08 36951054745 5474 E Nichols Pl. 36151054938 5413 E Nichols Pl. 0 .49 2.57 4.02 5.58 7.33 8.56 13 .50 11 .66 6 .42 4 .66 6.40 16.73 6.8 5 Scarlhv* San Accounts ch•rged SOU1h Ar.apahoe Fees P age 4 of6 4/6/2006 '7 3 .12'!1. 1.30'11, 1.10'!1. Ac---• Olroction S1r..t P .. 1 Dir 2005 2004 2003 3051054!M9 SOM E Nich .. P l. $ $ 74 .25 s 61.92 3111711154563 Soe!6 E Olan, Dr . s $ 122.35 $ f/7 .23 311171115475-s,e75 E a.,, Dr . s $ 75.77 $ 61 .92 :,07805050 se95 E a. ... Dr. $ $ 74.25 $ 63.20 $ 2 .505.34 $ 6.1~~35 _ $ 6 ,416.12 s..t,g-. San -CNrpd South Arape-F- SOUTH ARAPAHOE SANITATION DISTRICT Soulhgale Properties Charged by Englewood Average Interest Rates: 1.76'11, 3 .95% 6 .06% 4 .86% 5.24% 5~ 5 .10% 5.54 % 2002 2001 2000 1999 1998 1997 1996 1995 $ 65 .50 s 36.56 s 47.38 s 27 .59 S 27 .59 $ 27.59 $ 21.97 $ 30.18 $ 3!1.46 $ 61 .«l s 43.05 $ 55.75 s 311 .90 $ 311 .90 $ 34.58 S 32.78 $ 37.14 S J0.18 $ 85 .97 $ 36.56 $ 122.75 $ 28.14 $ 28.14 $ 43.23 $ 43.13 $ 5 1.D7 $ 51 .07 $ 52.15 $ 36.56 $ 48.39 $ 30.26 $ 27 .58 $ 30.26 $ 27 .60 $ 48.75 S 37.14 $5,506.81 $3,87_4 .83 $4,9119 .46 $2,938.43_$~.842.51 _ $2,909.99 $2.285,48_ $ 3,J92.5D $ ~125.50 Page 5 016 -·~'Iii .•. ,'.ii!,ii~- io.Ocimaatam 4/6/2006 ,- lmrut Earnings: -• Direction st, .. t P-Dlr 1994 1995 1996 ~ E Aichols Pl . 0.67 2.75 3 .82 5456 E Olan, Or . 0.50 2 .42 3 .95 5475 E Otero Dr. 0 .99 4 .00 6 .1 1 5495 E Olen) Dr. 0 .63 3 .14 4.82 $ 47 .53 $ 222.4 1 $ 340.70 1997 52 8 5.90 8 .77 6 .59 SOUTH AAAPAHOE SAN ITATION D ISTRICT Soulhgate Properties Charged by Englowood 1991 1999 2000 2001 6 .7 6 7 .76 12.23 9 .94 7.99 9 .42 15.01 12.15 10.114 11 .77 19.79 16 .66 8 .2 1 9 .23 1428 11 .37 $ 493.02 $ 549.57 $ 759.74~ $1.219.13 $ 1,003.11 Page6of6 2002 2003 5 .4 1 4.09 6.45 4 .92 8.69 6 .28 5 .95 4 .37 $ 539.1 2 $ 404.11 $ 2004 5.72 7.26 8 .35 6.06 564.17 $ 2005 15 .06 18 .58 21 .52 15.89 2006 6.17 8.02 8.82 6.51 ;;.:;::!;il!i:!ii\llil::1 1_.!15.71 s 635.12 l S/11','°'·'•*·• South9• 416/2006 BY AUTHORITY ORDINANCE NO. SERIES OF 2006 CO NCI L Bl LL NO . I<, INTR DL 't,-.D BY ('Ol (IL MEMRER M O RE AN ORDINANCE AMENDING TITLE 7, CHAPTER I A, 7-'110 .i. Of I II E ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO TH N MB R OF ANIMALS MAINTAINED AT A HOUSEHOLD OR PR .Ml ES . WHEREAS, the current ordinance limits the numher of animal:,. alhmcd 111 he maintained at one household or premises to two dogs and two ca t : NOW, THEREFORE , BE IT ORDAINED BY THE C ITY CO l CIL OF TII C ITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The City Council of the City of ngle" 00d. 'olorado hereh~ approve amending title 7, Chapter I A, Section 4, of the Englewo od Municipal Code :woo. to read a fo ll ows: 7-1 A-4: Number of animals maintained on premi . c .: li ce nse re(luirements . No household, place or premi e ma y ha ve mon.: than t~ ~1 tlw:1: ! P-t three .Q) cats over six (6) month of age. hut in Ill 'll!o>C sbalJ ~lh~1e======x combination of more th I ur suc h animal!\. v. ith11Ht fir..,t 1111" ing proet1ree e Cil)· hobb)· breeeer's lieen se es herei1111Hcr '"''" itt"'4 . ,it.. Cit~ 11 01,h) breeaer's lieense shell not be reqt1irea •where the plaee or r,rett,i .c!t are eHrrentl~· lieen see es e pet shop or boeraing l,ennel , pt1rst1ent 10 seetioft 12 S7 IQI cl -~-C.R.S . 1973 . All hot1seholas es of the effeeth·e Elate ,~f the Orttinenee t1v. ning 11,ree (3) aogs or eats withot1t e hobb)' breeaer's lieense lfl8~ "'ein1ein 11,e three (3) dog s or eats et1rrentl)' ownea bt1t sllell not 1flei1uein more then ,...,o (2) tfog:, and ,,,.,o (2) eats upon the Eleeth or lo ss of ownershir, of one (I) or lftt1re t1f 11,e eHrrenl I~· ownea three (3) Elog s or eats. Section 2. Safety C lau ses. The it) ouncil hereh) find . determines, and declares that this Ordinance is promulgated under the general police p<mer of the City of Englewood , that it is promulgated for the health. safety. and \\el fare of the public. and that this Ordinance is necessary for the pre en at ion of health and saf'et) and for the protection of public convenience and welfare . The it) uncil further determine that the Ordinance bears a rational relation to the proper leg is lat i, e object ~ought to be ohtained. Section 3. Severabi lity. If any clau e. se111c11cc. paragraph. or part of this Ordinance or the application thereof to any per 011 r circum lance shall for an reason be adjudged by a court of competent juri diction imalid , uch judgment shall not affect, impair or invalidate the remainder of thi s Ordinance or it s application to other per ons or circumstances . -=-"="-'--'---~ ..,,~==""-'-""--'-'=="-"~--All other Ordinances or portions thereof incon s istent or conflicting "ith thi rdinan e or an portion hereof are hereb y repealed to the extent of uch in on i tcncy or conflict. 11 bi Secti on 5. Effect of repeal or modification. The repeal or modification of an y prov ision of the ode o f the it y of Englewood by this Ordinance shall not release , extinguish , alter, modify, o r change in whole or in part any penalty, forfeiture , or liability , either civil or criminal , whi c h hall have been incurred under such provision , and each provision shall be treated and held a still remaining in force for the purposes of sustaining any and all proper action s, s uit s. proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability. a s well a s 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. S e ction 6. Penalty. The Penalty Pro v ision of Section 1-4-1 EMC shall appl y to each and every violation of this Ordinance. Introduced , read in full , amended and passed as amended on the 15'" day of May, 2006. Published as an amended Bill for an Ordinance on the 19th day of May, 2006. A Public Hearing was held on June 5 , 2005 . Read by title and passed on final reading on the 19th day of June , 2006 . Published by title as Ordinance No. _, Series of 2006 , on the 23rd day of June, 2006. Olga Wolosy n, 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 pas sed on final reading and publi s hed by title as Ordinance No ._, Series of 2006 . Lo uc ri shi a A. E lli s ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 19 INTRODUCED BY COUNCIL MEMBER WOODWARD 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: I . Prior to being forwarded to City Council the following adjustments shall be made to the application : a. Vicinity map on sheet PUD I be redrawn 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 western parcel. 2. Prior to issuance of any Building Permits, the three properties on the east side of South Pennsylvania Street should be combined into a single parcel pursuant to City of Englewood and Arapahoe County requirements. 3. The Englewood Traffic Engineer should review again the potential for a mid- block crossing. 4 . Recheck the submitted plans for consistency of numbers on all sheets. WHEREAS, all of the foregoing requirements have been addressed ; -1 - 11 b ii 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. A Public Hearing was held on June 5111 , 2006. Read by title and passed on final reading on the 19th day of June, 2006. Published by title as Ordinance No._, Series of 2006 , on the 23rd 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 publi s hed by title as Ordinance No. _, Series of 2 006 . Loucrishia A . Elli s -2- _____ v_I_c_I_N_I _T _Y _M_A_P ___ ~ _,.. .. .__ ____ B_A_C_K_G_R_o_u_N_D ___ ~ 1l£ !ll!ECT PR(Jl[RTY IS calPOS[1) (J 3 carnruoos PARCEI.S, 3566, .1578 00 .l5M (J.I TH£ EAST SIDE (J SOOlli PENNSYLVANA, ANl (I( PARC[LS, .1597 !J.I IHE IICST SIDE (JS. PENNSYlVAHIA ST.. TOTA!. PR(J'[R JY ISlf.A IS .15,077 !I, a! .8 ACRES. 'IH[R[ Nlf. Tlffi EXISTl«i STRUCTURES !J.I 1liE PR(f[RlES, A lllfl.EX Al() rt~ SIHQI FAIII.Y tms. 1HE 511£ IS !J.111( CCllNER (J US IIGiWAY 285 IJlJ S. PEltml.YAHIA ST .. M APPUCAH l, EMa.Elrol HOOSINC AUTtmTY, OJRROm Y OIIIS Tl( PR(Jl[R11£S, AHO IT IS CQIS()[R[D A S1NQ.£ 000..0 'IIENT fa! 1HIS P.U.O. SUIIIISSl(Jt 11( 511£ IS Zl)(J) MU-R-3-B, IIIXEO-USE RESl0EN TIAl,llJl1£0 cm:£ RET,lll ~lfflCT. 11( PLINNED lMIT OE\U(Jll(N T APPUCAfi ()j llll BE PROC£SSE0 PURSU ANT TO THE APPUCAll£ <l!Y R[Q.UlkJIS. ARCHITECTURAL CHARACTER~ lllS 000.(Jll(NT IS AN III ANO tml RES1ff1C1ID HOOSINC O[l{l(Jll(N!. 11( llJIDHG'S MASSING IJlJ USE (J MA T!IIIN.S llll 't1SUAll Y ROlUCE TH£ SCALE (J Tll O[l{l(l'U[HT, IJlJ PR<IIOT[ A PEOESTRIAH LOO. INU RACTION Willi 1liE IW»IC. ll{R[ llll 11£ A O[l{l(l'[D C.IROEN Nlf.A TO 11( SOOlli (J 11( llJIUllNC. lltCH llll SER',{ AS A lEHAHT ACTI\l!Y Nlf.A AS IEl1. AS A llfF£R 1(1( f'ROII ltGHWAY 285. 1l(R[ llll BE A SOl[OI WU!. HRE AllO'O Al(J.IC 1l£ SOOlli f'Ra'!:RTY U£ TO \1SUAllY OISTAHCE THE RESffllS f'ROII Tll lRAfflC. MA1£RIN.S AR£ SEIIC1£0 lllli WARll 1£XM£S. ll1li A l.AR1I PERCENTAC[ (J MAS(J.IRY, ESPEOAllY (J.I nt£ PEOESTRIAH OllHT[O [OC[S. 011lR IIATER!AlS llll lNQ.UOE SlUCCO II() SIOINC. 11( FOO.IS !J MA1£RIA1.S llll BE ()j 1liE l1Slll£ SIOES !J ll{ UDING, ll lli 1liE 'tml( SIOES KEEPING 1liE SAIi: AROilTECl\JRAl Cli ,1RAC1£R. AROITECl\JRAl ACCENTS llll lHO.WE SUN 91AllNC OE\1CES, IIALr,(J.1(5, 00 CRAOE lfl{l Pl.AHTERS. ~TTEO AS A PART (J 11{ PR<fOSID PUO Nlf. COOPTUAl REIIOINGS to:AJN; 1l£ C[J(RAL LOO (J OESIQj WAUTY, fN91ES NfJ IIATllllAlS TO BE ~ATED IN ll( l'Ro..ECT. (SEE P00-7 ). ll( SP£0 ·1C OESDI, IIATEJW.S. Nil CQ(J!S TO BE INCCJIP(l!ATED IN Tll lW»IC llll NOT BE FW.Y DET£R111D UN l,L OCTMfll AROl1£Cl\J!AL MAIIIGS HAI{ IIEEN 000..<l'ED. PUD DEVELOPMENT SUMMAR Y~ ll( APPUCAHT PRt'POSES TO OE\UOP 62 RESllOITIAl APARTllHT lNTS Fa! III All> INCa.E (lJAlf([) mmm. TOTAi. lW»IC gz( llll BE 57,700 ~ARE FEET (J.I 5 lfl{Ls, INQ.IONC CRrull LOO PARKING. U Nlf. 59 PARKI«: SPMIS (J.I CRIil, l9 SPMIS IN 11{ CIIWl: (J.I Tl£ CRrull flOIJ! (J ll( PRO[Cl, Nil 20 ! PMIS (J.I 11{ IEST aR(R (JS. Plllml.VAIIA SL Tl£ PNQIG REClHIEHTS ARE BASED (J.I ZOINC REWlflDTS Fa! SOD otru>AHCY. ll( plffljC IN 1l{ CARNl llll II SCR£OOl f'ROII Tl£ STRE£T BY Tl£ lll!lt,C Ll&IY 00 CARIII loll.LS. 1l£ !WK FOOll'RINT IS LOCATED TO 11{ Olli SIOE (J 1l£ SI[. l£AIIIC A 27 fOOT llfF£R ZCK/r,J,Jm CIN 1H£ SOOlli SIOE (J Tl£ !WK DISTRICT PLAN PUD DEVELOPMENT STANDARDS A. COlRAL REQ.UllCINS: IM.fSS 01\lRIISE PRO'>UD Fa! IN 111S PUO a! AH AlllODT ll{R[TO, 1l( l'tl(MSQIS. STIJlJAROs, REW 11(J.IS ANl PROCEllUlES PER llOT TO AH APPUCA TION f!Jl 11{ O[l(lJfllEJH (J LIJlJ llntN 1115 Pt0 ZONE OISlfflCT 91All COIIPLY lllli Tl{ MU -R -3-11 Zat: ~lfflCT (J 1liE OTY er oo.Em> All) RELATED ZaK R[Ql,11045 IN EFFECT AT 1liE TM: AHY FUllJRE Al'l'UCA TICIN IS FUD lllli 11( OTY. 11. PERMITTED USES: ll( FOllO.. USES AR£ PERIITTEO IN 11£ S. PENN ST. SEJQ! HruSll«i PRO,(CT. illfSS OlliERWISE PROm, Tl£ FOllO.. USE CAT[QJlES 00 TYPES 91All HA\£ 11{ SAil 11EN1NGS AS SUCH CATEGIJI llfJ USE TERMS BY lH[ SAi( NAllS CCINTAND IN TITl£ 16 rl Tl£ orum IUIOPAL C(Xl. P£RIITl!D l SES ARE SI.UC! 10 All APPUC!IU RE!llA TIONS er mu: 1s -lJffD OE'tfllPIDT COO£. PERIITTEO USES: IM.TI UNIT OIIU.ING SURFACE PARKING AR£A PARKING CARAC[ 111 C<lllROAl USES ( IR Y (J.I IICST SIDE !J S. PENN ST. ) ACCESSCIIY USES: HOME OCCUPATI!J.I ACa:SSCIIY STRIJCT\11£5: SHED, II() OTllR ACCESOOY STRUCTURES AS OEflNEO IN fill£ 16 (J EIIQfm> MlNOPAl cal. ETC. -l AllOIICO, MAXllllll 15W EAOi, NO STRUCTURE IS TO BE LOCATED NO O.OSER THAN S fR<II SIDE a! REAR Pff(f[RTY Ul. C. UNUSTID USE: PROCE!M!ES F!Jl APPROVAi. (J USES NOT US1£0 IN THE A110YE PERMITTED USES Sl!AU ll 00\t:RN[O BY nnr 16 PROl1Sl(J.IS F!Jl UIUSTED USEs. D. O[l{l(Jll(NT STAll>AROS ' Tl£ OE\UIJ>MENT Will BE IIIIDlNTID AS A MUI.TI UNIT RESnHTIAl APARllOT IMUllNG SER\1NG AC[ Nil llml£ llUAI.JflO 1£NANTS. I. MAIOMUll llJIUllNC HEIGH MAIN BWllNG HEIGH -A MAX (J r.:/-0', IICST El!YATION ACCENT WAll -UP ro 62'-0'. STAR TO'll!I f!Jl R0Cr ACCESS - 64'-0'. {SEE PU0-3 F!Jl 8Ul.OfNG HOQtT S!JIIARY.) 2. EAST PARCO. SE1BACKS -SOO lli -10·-o·. IICST -10' -o·. N(J!JH -5'-6', EAST -S-0'. SEE Pl&-3 f(Jl CRAP!tC J. IICST PARCEi. SE TBACKS -SOOlli -10·-o·. IICST -5'-0', NOO lli -10'-0', EAST -10·-o·. PARKIUAY INlRUOE INTO IH£ SETBACK . SEE PU0 -3 F!Jl GlN'ltC [. ll<DlCAllCINS: Tl£ FOliQlajC IMUlCA ll(J.I PROCEfflS ARE COOS TENT Wi lli PW M<mCA fKlj PROCEOfm (J nTU 16 lO,ljC REW ffl (AS mlfD IE.OW), UNOER IIICH Tl£ P\JD APPUCAU(J.I WAS SLQIITTEO. I. OISTRICT f'l.AH-11{ TERIIS, CQOTKIIS, 1liE All(J'JID PW ~T PLAN 00 OOCLIDTS MAY BE l)WIC[D ANl /M AMOO£ll IN lli<l£ IJl IN PART AS FOllOIIS: a. IIIN(R ll<DlCAll(J.IS TO 11{ PUO OISTRICT Pl.AH: Tl£ OTY MAHAC[R al tlS O£SIQ([ MAY Al'PRO( Illa! IIOOflCATIONS IN Tl( LOCAU(J.I, SIZING, Altl lfJQH !J STRUCMES M FAClJ11£S If REl)MR[O BY ENGllIRINC IJl OTIIJCRCUIISTANCES NOT f(Jl[SEEN AT Tl£ Tl( TH£ PlANlfll UNIT O[l{l(Jll(N! OISTRICT Pl.AH WAS APPROYEll 9J L(J.IC AS NO m1CA fi()j W TES ANY STNfJARD IJl R£Q.UU(J.I SET F!Jllli IN SECTION 16-14-15-Z<JIINC REQ.UTIONS b. 11A.XR ll<DlCATICINS TO ll{ POO ~lfflCT Pl.AH: IIA.XR IOHAll(J.IS MAY ll MAO£ TO 11{ N'PROOl PlJ,N!(l) UNIT OEl{l(Jll(NT ~lfflCT PLAN PIJ!g)AHT TO ll( SAIi: LIITATIONS All> REl).IREl(NTS BY IIICH SUCH 11.lflS llfJ OOCUIIEHTS llRE (J!IQNAllY APPR()',{1), 2. SITE PLAN: a. IIIN(R MOOrlCAll(J.IS TO PUO Sil[ Pl.AH: lHE OTY, Mltl.JQl 11{ OEl{L<fWHT RE\U TEAii, MAY .IIDZE IIINM OE\IATI()jS f'ROII Tl£ PUO SIT[ Pl.AH lHN SUCH DE\1ATIONS APPEAR lt:CCSSARY IN UGH (J l[ONCAl al OOll!K CC1NS1l£RATI(J.1S. IIIN(R DE\4ATKINS 91All NOT BE PERII TTEO f AHY !J Tl£ FW.IB Cl!CIIISTINCES RESU.T: 1) A OW«I IN 1l{ OiAR ACTER (J 11( lffl.(Jll(NT; al 2) A OiAH<I IN Tl£ PERII TTEO LIJlJ USES; IJl 3) A OW«I II 1l£ C[l(RAL LOCATICIN rl lNfJ USES; al 4) AH ~ IN Tl£ MAXIUI tlJQH (J AHY 1WIIC !J MIJlE THAN FM PEmT (5l1, SUCH llll(I.SE 9IAll NOi EXCEED 00 PERCENT (21); IJl 5) IN IIOEASE IN Tl£ IWIR (J O'E.lJ«, lNTS. al IN Tl£ RAllO (J 11{ lmiS flOIJ! AREA IJ SllCT\ffi TO Tl{ LANO Nlf.A, a! ~S IN Tll PR<fOSID lmiS flOIJ! AREA 1111N AHY PARllQUR LN(J USE (J IQl lilAN 00 PERCEIU (21); al 6) A REOOCTICIN IN Tl£ SElllAO(S f'ROII PR<fERTY lJlS; al 1) AH INOOSE (JD THAN 00 PERCENT (21) IN ~ 00\U!III BY STRIJCT\ffi a! gJfMI PNlkllC; IJl 8) A REOOCTION BY D llilN TIO PERCENT (21) IN Tll lNfJ AREA OEllQIATEO fCI< lANlSCAPIIC; 111 9) A REOOCTICIN 1111{ RAOO (J m-smm PARQIC All> LOMK SPAC£ TO alOSS FUXJI /ID lllUIIR rJ l)ll(UH; IN!S IN STRIJCM1£S; M 10) A OiAHGE AITTCTING 1l{ ACCES1i f'ROII IJIJ llf!OOGi PIil.iC RIQHS !J li\Y; PROWJEl), HOIE'tO. lliAT ael cur LOCAUCINS MAY SIFT UNIISS SPECflCAU. Y £ST AllJSl£O BY Tll OISTRICT Pl.AH. b. SIT£ Pl.AH MIOOlNTS. All P00 SIT£ PlAHS APPRO',(I) llfJ REcalOED MAY CN. Y BE Mlm PlliJNH TO Tl( SAIi: PROCmJIE Al() SIUCT TO Tl£ SAil lllTATIONS Al() R£(lR)(NlS BY Hit SUCH PlAHS & l'Pl!O\tD. GENERAL NOTES 1. Tl{ PRCl'ERTY IS OIIIEO BY EN<l..Em HOUSING Allnt<RITY, A NOI-PRtm IJ!CANIZA U!J.I. 2. AN Al.TA LANO TITl! SIJRl{Y WAS PREPARED BY fALC(J.I SUR1t:'l1NC, INC. AHO IS PART (J THIS SUIIIITIAL J. A PRELIINARY DRAINAGE REP!JlT WAS PREPARED BY JfJINSTON [l«H£RINC. INC. ANO IS PART (J 1IIS SUBIITIAL 4. TltS f'Ra'!:RTY ore; NOT UE lllilN A 100-YEAR FlOOO PL\IN. 5. NEW UTPJ11£S 91All BE UNllRGROMO. 6. All CONCll[1[ lilB ()(J.1£ IN 1liE PU8JC RIQH OF WAY Sl!All BE IN COJMIIAHCE Willi COISIRUCTI(J.I STOOAROS All) ca«:Rf1[ SPEOllCAm FM 1H[ CTY OF EN<llm, CCX.IJ!AOO. 7. ANY N£W f1RE HYORAHTS Sl!ALL BE TO OTY (J [NQI\000 SP£0flCATI(J.I IHREAO SIZE. 8. 9JDl1Sl(J.I rl Tl£ SIT£ Sl!All BE talPLETEO UNOER S£PARA1£ 000.JIIOH. 9. All STRUCTURES IJlJ PROlCfi()jS 91All BE C(J.ISTRIJCTID lllltN llJIUllNC EN\t:LOPES ANO llJIJllNG HEIGH l.111115 10. '!\£ O[l{LOPER 91All Clllll'LY Willi All APPI.ICAaE OTY ccns. REQJLATKIIS, ANO STOOAROS. 11. IN 1liE OOT (J A CONfUCT BETIID 1li£ SPEC1f1C PRO~SIONS (J 1lilS PUO ANO fill£ 16, THE SPECflC PROIISl!J.IS !J llilS PUO 91All C(J.llR(l. SURVEYED LEGAL DESCRIPTION lOTS 18 TO 25, INQUSII{, flOCK 3 ANO LOTS 26 10 28, INQ.USl\l flOCK 4, HICCINS ENG.Em CAROOIS, COUNTY (J ARAPAHOC STATE er CCX.MAOO. SHEET INDEX PUIH OISTRICT PIAN PU0 -2 EXIS11NG SITE PtAN PUD-3 PRa'OSED SIT£ PIAN PU0 -4 PRa'OSED PARKING PLAN PU0 -5 PROPOSED UTILITY PIAN P\J0-6 PROPOSED CRAOINC Pl.AH PUD -7 LANDSCAPE PLAN PU0-6 CONCEPTUAl RENDERING 1 OF 1 Al.TA LANO fill£ SURVEY ....._ ___ c_o_N_T _A_c _T _s ___ __.II L-___ s_1 o_N_A _1 _u _1t_E_s __ _, 0MB En;e.«,od Housi1g Authorit y 3460 S. Shtrmon Sl , Suite 101 En,ewood. CO 80113 Phone: 303-761 -6200 Fax: 303-781-5503 mcm The &r,.,. Co. llC 1732 Wazee SL, Suite 205 Den,..., CO M202 Phone: 303-534-5740 r ax: 710-904-8823 Henry BurgW)fl ._,..fJW)fl,COffl SITE TOTAL SITE ~ARE FOOT/JI (BOlli PARCELS) RESIOENUAL USES COill'ROAl USES CARIII PARQIC LOT IJl()SC,II'[ / a>£H SPMI lW»IC troiT Odell ArtMect, P.C. 31065 Castle Court. Ste. 150 ["'"""· co Sl4l9 Phone: 303-6 70-5980 for. 303-670-7161 Otis Od~I £moi: oodelllodebchitect~com lee Mason Emat lmasonOJdellorchitect~com Sea, O'Ha,a Emoi: soh<raO:,dela,chitect~com CIW.. E;N(HER Johnston ~ "-iates 7550 West Ydt A- Suite 9-100 0en,..., Col<Jado, 80227 Ph: 303-969 -9001 fax 303-969-9016 Griff Jdlnston DATA .15,077 s.F. 57,228 S.f 0 17.900 s.r 10,125 SJ. 13,639' SJ. 60' MAX • INQ.UOES L\NlSCAPK IN 11{ RIQH -(J -WAY wm (J Tl( PRa'(RlY LINE EXI IIBIT A SI CNATUR[ nn.E DAl[ ST ATE OF CQ(JW)(J COONTY (J lliE fOREOONG INSlR\JIIENT WAS ACKNow.rocEO BETORE ME lliJS __ DAY (J ____ A.0., 10_BY ----- ~ ,OF ____ _ IIY COIISSl(J.I EXPIRES: ----- NOTARY PUIUC AOORESS APPIIOIU) FM 11( OTY !J 000000 IIAYa!rlENQ.£\WlOO OAT£ AT1£S1£0 11( ITilfOONG APPROVAL W,1$ ACKNOllEIXlD IIJOO[ ll 1\tS __ OAY (J ____ A.0 , 10_8! ---------- ANO ____ _ 01'1 O.fRK (l!I( Iii) l(aJKD'S cmI llfS PlAIHD UNIT OElt:ltl'IIN I IS ACal'TID f!Jl !UC ll( OTICE !J IHE QI1II( 00 R[C(Jl[J[R (J ARN'IW:l. COUNTY, CQIJ!AOO, AT --O' O.OCK, II., llfS -- DAY (J 20 _. RECEPTI()j IWlR --· m llJllllR __ , PIII NUl&R --· llfRI( Al() R[C(ffl:R BY: lll'UTY DISTRICT PLAN 0 E-t zZ -~ Vl :.E :::> c:a.. 00° ::c: ....:i Q ~< ,:ii::> ,:ii:: o~o -o ....:i z 0 ~ E-t u Vl - z ~;:) Q Vl 0 QO z~~ zz l,1..:1 ~z ....:i c:a..<o • ....:i z U) c:a.. ~ I '!' ) ---------------------·-----+-===:__-====----=-=--.::...========-====================----------------- rtl.lll NO. •llllll Slllllltl - .... 11.11 •)•11 71 I. rtUll Ot!lllO CJIO!» •.GO'~ fQJI) Ot!lllO (JIOSS 1.rAI IIISll Jl71 l B1S. --ST. 1.15 .00' 589°36' 38"W I '. I 1 ,-.: V) > i i > l!, ~ i ~ li > v; i > i I 24,952 SQ . FT. ··9 .... 9 .IIIIS.IOlll"I.-ST. 9 10· 12 4.7 6' --S89"36'3 "W aN:1111 9 .. .....::.--·---------\ ~=:: -.1111 WJI) l -12' Pf!s-140l ... £)"4fl RI.II) OtS[lll) (ll)Sl ,r m, lllllll!l!Pilfi0.11> (Arulli Oll\11) ... 1)-llll -.---------- , EXISTING SI l£ PLAN I I I I I I I I I N.C I OOil AIMS.19 W ati.U FIIJ.1111111S SIIIIMY-«U ... NXIII ... ,u, I.E.r L -WA.n.ll UNE (APPftOXIIIA1'£) --STORM 5£.cJI LWE --SANITARY SE'WER L1HC @ SANITARY SEWCR MANHOLE @ STOM,1 SEVl[R MANHOLE 'U, Uff.JfY PO..£ au -0'4"RHEAD UTlJTlES .. WA1'£R VAL~ I) UGHT POI..[ lit FlRE HYDRAN T ~ 5'Q< .. INORESS 6 CGMSS/QJR8 CUT • GAS WETER ., Q.£CTRIC METER • 5CT PfN 6 CAP P.LS. >4183 UNLESS NOTt:O OTHER•SC .... EXISTING _.,.. ,._ Oflllllft 1.1.11 - Ill. • ,.._ T GI]]] [J[OJ 1-@§§@f:g ,, ., GI]]] [J[OJ 1-@@@r !<JI -· - I!, 111 l!! I •f ~ J !1 i!i 1 ·1 ·'· l ·1' 11 !i! tP C, (,-4 zZ -"'1 en :=Fl I ::> A. 00° =~Q "'1< I ~>~ 0"'10 -o ~ z 0 ~ (,-4 u en-z ~ ~ ::> Q en 0 QO z~~ PLAN z z "'1 SITE ~z~ ) t=: I A.< 0 .~ z PUD-2 en A. "'1 ~- ~ -------------------=====---.:::-_-__ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ --------------------=-==-==-===-======-------------------- I I I --1ll+J-I an r, - I I ! I A I :1' .. I I -I I ,-: V, I \ I I I I \ a I I I \ I 1 I I I r-I I I I\ I I 5---I / -----I I ..... .---I I I I I ... I I I . [ I i I b7. L_ I I r;i.: I I 1 .. i·!; 2JIJ IUQI FI.IIA [ IU ...,. . . • ~ : i ~ ~ r- I .. I , ... 1 r I v1 I ' I L I I -I -.-----I_ I I I I I r-,---r---,-! -------~~~~l I I I I ~ I lU52Slln.1D1 lllfl • I 'b L I ·5! -- -----HJ'S£1IIOO< 1~-o"l!l8MlC ' ' 111--0· J'-0' 1[18'0< lll'-111/1!· 12,·-r U.S. HIG!WAY 285 , PROPOSED SITE PLAN LAND US IW. INlS -II IEUl. / 11111 -IS/---- • UIIIICll( CGl.\1111511>IIOT-DACISCI -UIIIICll(r.llQLIDSOOlllllllUIIIU[•I( E SUMMARY I (2 Pm1.Sl MAX. lN1S S.f. MAX. FOOJIIIIT MIA 17.110 n.au. . UIHF. 1UII Sf. . l'WASi/lUIIC --0--•1 (llllll rJ l'IIIIW! IJ( l s cHE DU LE OF DW ELLI NG ..: NIT s I 1.1(--rJllllllllllllll'SIIJ.NDT!XIIII 1(-llll'S~IHDNl(lJIIIUSE-lllll. I BUI L DING HE I G H T SUMMAR Y I --17,IIIIS.f IOOIS : • -IOlll E 11 IIIUrJr/--0" -111811 IIU Ill El lll1MD l0 A IIAXrJ 11--0" · ST• IWII IUI IOIJ MXUS 10 •IIAX IJ M'--0" II(}, s.r. IIAlllll lfDIT (Fm) (tillRlllm, -IOIJ Ill' 11111-..i.-l 'Mi II SOIDIII IDN ,_rlll!S PROPOSED SITE T PLAN ~ --: PUD-3 I • ---------: -- GJJII]1 W][ I .. 1<J~l<l~tJ .,. GJJII] wifil 1-@@ @@@I ' I I I I I I I!, J 11 !II I '• I r er! J!J Pi I ;I :Ii II !I! 11: 1 0~ zZ -g;i I r,) ::E ::> ~ 00° ::z::...tO g;i < 1¥ > 1¥ 0 u;i 0 -o...t Z O g;i ~ u r,) - z ~ ~ ::> 0 u, 0 QO z g;i ~ zz j;I.J I ) ,- j;I.J z ...t ~<0 . ...t z u,~ IJ,J ·-- ~ ---------=--==-...:..:..::======----===------=======================--==-=-:.::---==-==============--=======--=-=========- I--- - .__ --I I ---l 1 .... l-... -. -.--.. ---------_-... -. -----=:-:~ -..... -----. .J HlllDDOIIIJQIT -101Tl1XUIS POOIIUIOU) St- ; vi 111.ll111:0ITRY U.S. HIGiWAY 285 ~~.,,_;._..L-_-r =------"-4DI -:.: 1 \ ~~DIITY-_.~,w L---r:I \ ~ .. I flll 111-NJ __ ___,_U I \ ·: ~~~~I l )4'~ 'tf-# ,: I! -----'-I I -=· ==:ill~~ I : i : I: ----=-fl l I Ui I ~: --~':1 '1 u I I I I I I I I I I I I I I I I I I I I I I I ; I I I ~ /stll!NTMU @~~GPLAN PAltll NG LEG EN D CNlAC'£. PARKING II!\'. I'll( IIR NC t-t,irns-r.ar ·-NC t -0' I ,r ftt ,_, Ill[ ll SI-r ,,r SURF MI PARKING QTY. I'll( NOi: 1G SI-r,,r !II -- 11)f(S : tr-0' t S-0' lllI) SIIIU. lll'IIMID Fllllllllllllll ..__MP-1.Sl--P-ll'MJS{lllt-0', -P!llllllltll1SD1-,Clian.n-t P-~ HAil BMTIIIS 101191111 LOOS UIIJlS (E. U~ all!) AT 2.0 l'IJQJIT 11 TOTll llllllJI IPMn IJ-IIIIHPWlllCTSIIIU.ll>TllH.-iTYIJMDTY. II> t-----~a-!1111 IIIU:1111111S1J•YS111U.llUIIIJRII-Sllllll 11111, llltlllllDl 1'011'1.NTSIJ-HIIIS. lllllPMn llCIQ£P-SIIIU.ll-P01Dll£9m- 1HSPIIQKIIIJ._A_IJllE'IQI!l'Ml5. T1111.LOCADSIIIU.llllUmD111UJIC-ft& lP--TSP01lllll!llll)111C •.J)IP MJSP01 I.NT llfJ I lWT IPMI F1l1001 li.NTS • !II IPMJS -1DIIJ1T P-• 47 ftn 1161-•T!IPMJS --ftn·ll T -----·· I I I ' I I I I I I I I 1 illillJ . I 4 Fl~l~§rl rnDJ]; ill[JJJ I \ , §J<1§@ J<1l I I 11 , Hlill I ~ J!t Pi I I ;I :If II U! : JJl c,E--< zZ -~ u:i::E :::> ,::t.. 00° = ...;i Q ~< ~>~ o~o -o ...;i Z O ~ .... u u:i-z ~ ~ :::> Q u, 0 QO z~~ - SURFACE PARKING PLAN zz p;;i ~z ...;i ~-. 1-· PUIM j ,::t..<0 • ...;i z ~.:.LU -11).: ~A. p;;i I ) r I I ) - CALL UTILI TY NOTIFICATION CE NTER OF COLORADO 1·800·922-1987 l:AU, 2 BU SINESS DAYS IN ADVANCt: BEFORE VOU DIG, GRADE . OR EXCAVATE FOR TliE MARKING OF UNDERGROUND MEMBER UTILITIES . l ! ~ ! I I I I I I I I EX . 8° SAN ll ,RY SE WE R ! L __ _ Jsn & 35f!1 s. FS~P.,Stl'/.\f'(I ~r U.S. HIGHWA Y 285 L,'.. ;·1 \1 tA ..-o l ' li'ltr,,I• 'i'e; ~ ~·M_t1 J '1-1J r-4?l.S•9-' 03 ,.'t\,(El._94.1s ltl\'t~ •Sll8J ~ I I ' I I l I I --·•• J PROPOSED SANITARY SER"1Ct: PROPOSED 6" GATE VALVES ON EACH SIDE OF FIRE CON NECTION I,\ .L.tfmll -----R.O.W. LINE l -, o· P'xf PROPOSED WATER M._IN W/FIRE HYOR .. NT ._NO V._L VE e• PVC 1et RCP PROPOSED SANITARY SEWER LINE PROPOSED STORM SEWER LINE t><l EXISTING WHER VALVE l;. EXISTING FIRE HYOR .. NT ·-------EXISTING S._NITARY SEWER -__ rX:.~·_w_ EXISTING W._ TER LINE --··-{I}-·-EXISTING STORM SEWER CURB .le GUTTER N 20 15 10 5 0 20 SCALE : I ;nch • 20 fl PlOPOSBD UTILITY PLAN -It. •• MEllll. •11 _ .... -.. PU D · 5 - Ml. HHI I i ~I) u oi~ •• .,;.ii. =~ !I 1/)~~ i ~ ~~g 0~ u •• ~"= •, [3 ;1 o~, ..., :: I!.. ::1 •.in ;; 15 i'• r ~ up! t i • ··1 ; '!I !J i : l •1 1!1 o I •·: 1!· fa- :z: ~ :s • ... 0 0 ~Q -:z: ~< ~ > 1111: fl) ~o fa-Q ...:a ~ 0 ~ fa-u -• :z: ~ fa-:::> Q fl) 0 . c,Q 0 :z: :z: ~ ~ ) :z: -:z: ~ ~ fl) :z: ...:a .. :::><O O ...;a 11'1) i= .. C CALL UTILITY NOTIFICATION CENTER OF COLORADO 1•800•922·1987 .C&.I, 2 BUSINESS DAYS IN ~V~CE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING Of UNDERGROUND MEMBER UTILITIES. I ,:,sn .i: 5$81 s. --:-. -\ P£HNS YL\'ANIA ST. i \ J"---·--·'' RETAINING I/ALL ,.---~ I I I L ____ .., ___ JI :, OUTLET ,TRUCTURE '°' (m>E C • -·· RETAINING WALL l?ROP~ST.ol!M -t~E'---·-·----__ -·-···-- · 1, PRo)i~o ~N~ --·--= ·-• ·-~ -... r, ~ .. · l .~ J ....... ....... ........ , __ ,,io---·· / ./ / l / E). ST~,;,°'.~~ ./ \l(N )•U~ --- U.S. HICHWA Y 295 PROPOSED STO R .,.__._ ...... ""'1""11, hrrl---c UILOIN G.----. -"""U r.rrr;r;r:a,iF . F. = 1 0 0. 0 0 / I ......,.~/_· __ , I / / l/ ___ • I / / ,,-2 ·· WIDE C ONCRETE SIDE WALK CHASE (DETE NTION PONO EMERGENpcv .... oVE .... RF.,Ll707W)ztiilo!---II / ~~t~~ f.A. ':."0.11f lh1.Cl . fl.1J'HJl'ff .. t>'117! IN'1(" ~? J• 0.. .:-JCA\ .;,1,•-11: 'l Qflh•-¥g \ !NV\N l ~'-•i~~ l•!\.t_C'..,.fl ,,0.."5 11<,J(F)•·i' !! 1m ~l•9~~J SrTEM I I ~ I I• ~1 LEGEND EXISTI NG CONTOUR (1') ·--------EXISTING CONTOUR (S') PROPOSED CONTOUR (1') P ROP INDEX CONTOUR (5') -BOTTOM or WALL il8::til-RETAINING WALL SPOT SHOT -TOP Of WALL ~ SPOT SHOT L.P . LO W POINT H .P . HIGH POINT G.B. GR ADE BREAK M.E MA TCH EXISTING I BENQ:INARK I CHISELED CROSS FOUND ON NORTHEAS T CORNER or S PENN S'll.VANIA STREET & US HIGH WAY 285 IN SIDE WALK OFFSET 4 7' WEST Of _ l _ -~·-" "" ·-~· "-'"'~ ~ ,0000 N 20 15 10 5 0 20 40 SC ALE. 1 WlCh • 20 ft PIOPOSED OlADINO PLAN _.,, .. -·: •1t _ .... -PU D · 6 -Ill! .... -- ~I)~ <:n= l,;.~I;;'. II)~~ ~!g ~\)= o~, ) ~ • 0 - u •• d lj l~ h t! •• ,. p ;I .; i I! .. =1 ·1lli -I 1'1 = Jll .i, : . n :qi ,I; : I IJ lh 0 JI '"i t!· fo- z 11:1 :I ...0 ~Q 11:1 ~ I >•, 11:i O I Q-1 0 fo-u -:z:; - ::::,0 0 . c,Q 0 Zzi:r.l~ Z-Zll:I 11:1 c,) z .I .._.::::,<o Q .:I z c,)=·~ I .... ) C · +---------------------------------------------------=~+~====~ 13 5.0 0' : -~, .. 20 SPACE SURFACE PARKING LOT 10 .125 SO . FT. i + + U.5. HIGHWAY 285 EXISTING SURFACE PARKING LOT " JJ, f!O I I II UNDERGROUND ,;: fARKING LOT I I II 1 PROPOS ED LAND SC APE PLA 0 C o 0 0 "' I I I I I I I ' -- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I LAIIOSCAl't L[GEIC) S'\'MBOL ~"'.'= S'\'MBOL OESCRIPTION AREA 0 S11!EETSCAPE ~-.· .·. ·.·. ·.! ZONE I.IAY CONTAIN SOO AN D TREES 0 916 S.F. ZONE 1/JO' O.C .• AND STREET LIGHTS @ENTRY ZONE ~ ZONE MAY CONTAIN PAI/EMENT, SOD, SHRUBS, 151 s.r . PERENNIALS, ANNUALS. GROUNO CO~RS. TREES, LIGHTING, ANO SITE FURNISHINGS (j) BUFFER LANDSCAPE ZONE MAY CONTAIN SOD, SHRUBS, GROUND 1.101 s.r. ZONE COVERS, AND Tl!EES @INTERIOR ~ ZONE MAY CONTAIN PA~MENT, LIGHTING, WATER 2,985 s.r. LANDSCAPE ZONE FEATURES, SITE FURNISHINGS, SOD, SHRUBS, PERENNIALS, ANNUALS, GROUND COVERS, AND 11!EES ©PERIMETER 1111111 I ZONE MAY CONTAIN PAI/EMENT, SOD, SHRUBS, 1,eao s.r. LANDSCAPE ZONE GROUND CO~RS, ANO MULCH TOT AL LANDSCAPE AREA 1J,sJ9 s.r. LAIIOSCAP[ CIUAHTITD I AREA I REQUI RED PROVIDED I TREES I SHRU BS ITOTAL s .r . I s.r. INTERNAL R.O. W. I REQUIRED PROVI DED I REQUIRED PROVIDED TOTALS I 35 ,077 I a.no 8,828 •.1111 I 12 12 I SlllUT 1111:E QUANTITIES LENGTH TREES OF REQUIRED O TREES FRONTA<:£ 1 /JO t .f . PROVIDED PENNS\'\. VANIA JOI! L.f. ,, a HIGHWAY 285 280 LF. 10 10 REQU IRED LANDSCAPE AREA: (RLA) BASED UPON MUL TIF AMIL Y RESIDEN TI AL RLA: 35,077 s .r . x .25 • a. 110 s.r. MAXIMUM NON-LIVING LAND SCAPE AREA : e. 770 s.r . X .35• 3,070 S.f . NUMBER OF TREES (RLA/750) • 8,770 S.F./750•12 TREES NUMB[R OF SHRUBS (RLA/750) • 8,770/750 s.r . X 5 • 110 SHRUBS R.O.W. LANDSCAPE AREA-4,811 s .r . LHIQIC¥l NQ!Q; so 72 • EXACT LOCATION OF PARTICULAR PLANTINGS WILL BE DETERMINED AS THE ARCH ITECTURE IS F1NAUZED . DE~OPER SHALL COMMIT TO THE FOU.OWING PLANTING QUANTITIES IN EACH CATEGORY REQUIRED AS PER ENGlEWOOO LANDSCAPE ORDINANCE : 1) STREET TREES IN RIGHT-OF-WAY: CITY STANDARO REDUCED BY 2511 -THIS IS DUE TO THE NUM8ER OF DRl~WA~ Al.ONG S. PENNS\'\.VAN IA; -QUANTITY OF SHRUB PLANTINGS WILL BE INCREASED 2) INTERIOR TREES: WILL MEET CITY-REQUIRED STANDARD • 12 TOTAL J) INTERIOR SHRUBS : WILL EXCEED CITY-REQUIRED AMOUNT BY 20ll • 72 TO TAL LANDSCAPE PLANS SHOW PRELIMINARY CONCEP T OF LANDSCAPE ZONE TYPES . PLANTS MA Y BE PLACED ANY PLACE WllklN BOUNDARY OF PROPERTY. PROHIBITED TREES: BOX ELDER . COTTONWOOO (FEMALE), SIBERI AN ELM . LANDSCAPE PlANTINGS AND IRRIGATION PLANS TO BE SUBM ITTED AS PAR T OF BU ILDI NG PERM IT APPLICATION . ALL IRRIGATION TO BE AUTOMA TIC UNOERGROUNO S~TEMS (DRIP ANO SPRA Y). NOTES LANDSCAPE PLAN ----. -----~--- ( • ---~ @ CONCEPTUAL SOUTHEAST PERSPECTivf 1'11)-1 -· ~:..·=---::-:-_ -- :...::.::==-~-----.. ---~ --------------------·-. @ C~(IPT\JAL S001Hl:ST PERSP£CTivl --- ONCEPTUAL RENDERIN ~=-:~ uu-=--.~-~ l:n--• JD-I _ j t!) ~ zZ -~ u,~ :::, ~ 00° ::c: ...J 0 ~< ~>~ o~o -0 ...J Z O ~~u v.i -z ~ . 0 ~ :::, 0 v.i QO z~~ zz~ ~ z ...J ~ < t!) • ...J z v.i ~ ~ ( SfORM MANHOLE RtM•l7.N tt..V•I0.51 INLET GRATE RIM•97.69 INV•95.4:t FULL OF DE BR IS FOUND NO. 4 ...... $AHITAAY MANHOL[ ,.,.._"., INll(N)-t2 77 Sl'OT OOAOCS (nl'ICAL) sl'OIIM w-a.c lliW•tOOO •<1'(H)•U 1 ALTA LAND TITLE SURVE Y LOTS 18 10 SITUAT [D 25 , IN BLOCK INCLUSIVE, BLOCK 3 AND LOTS 26 TO 28, INCLUSIVE, THE NE14 SECTION 3, TOWNSH IP 5 SOUTH, RANGE 68 CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, WEST OF ST AT E OF 4, HIGGINS ENGLEWOOD GARDENS, THE 6TH PR INCI PA L MERIDIAN COL ORADO . LEro::1D WATEllt UNE (APPROXIMATE) _.,._ STORM SEU UNE _...,_ SAMIT MtY SCVIOI ~E CJ) SANITARY SE'«R MANHOl.£ @ STORM SEYIEA MANHOl.£ "" UTILITY POLE STORM MANHOl£ _,,,_ cl:i (I 1 ~ -• C> I p ®I • il I ' OWRH£AO UTILITIES WAlDI \/Ai.'.'t LIGMT POL[ F'IRE HYDRANT SIGN INGMSS • (Q1tCSS /CUilt8 CUT GAS METCR lUCTftlC METER SET PIN " CM' P.LS. J418J UNL£5S NO'l!D 01HEAWIS£ FOUND CHIS£l£0 CROSS 4.oo· cwnn FOUND CHISELED CROSS 4,00' orFSET j j i j ll.f---LO-T~---~-~-~----~I V J5?7 6: 3581 S. j1ll: ··= -·-·· -"'::'--?"-J 135.00' f" j J ~-~ .......... --.. ~ N89 °36'38"E .-----JM-:-s. --,} . PENHSYlVANIA ST. LOT 21 "'-SPUT ftAk. 9 •2· I o.._J _ WOOO FENCC 135 .00' sa9 ·35 •3a"w "" . --OU•P-----Oi.;----t J ltlM•N.'7 INV-H.27 + I I I I ~,, i <{ i ~ <{ I ,_ ~ z iS l <{ > IS: ~ >' 0 _J I "' ~I Z I z W ' 0.1 , I VJ i ~oo· , C0NC WAU< I ------·;i1 ·~ ASPHM.T '°""' CH!ltl.(O CIIOSS 4.l)' 0,,S[T U.S . HIGHWAY 285 I SANITARY MANHOL£ /.t® -WN*iOLE 480' NORTH Of MANHOLE TO THE SOUTH @ RIM•N.&e INll(S)•OO ... 1-j LOT ltl ASPHAl.T PARtONQ LOT LOT 17 N89°36'3~~1 4 .7 ' .. 9 12· • LOT 18 --------- Ol!A~L 'Lor 20 ---e --COM I '-So· --------- 0 ---g- c:i 4l9 ~ LOT 21 124.76' 2 4,952 SQ . FT. LOT22 ~ ~ •9 <?,'-,;§, JO" 9 JMO s. PO*IS'l'lYANIA Sl. LOT 23 LOT 24 9e• IRUSHUHC (TYl'ICAL) --ef- ti°" 124.76' sa9·3s·3 ·w Ol· C0NC WAU< FOUNO CH4S[LCO CIIOSI 4.1' o,YS[l r.&t"o~:Of LOT 2, j INLET GftATE RIM•D8.19 SUMP•H.<6:t FVU. OF DEBRIS LEGAL DESCRIPTION LOT S 18 TO 25, INCLUSIVE. BLOCK 3 AND LOTS 26 TO 2 8 . INCLU SIVE, BLOCK 4, HIGGINS ENGLEWOOD GA RDENS. COUNTY OF ARAPAHOE, STATE OF COLORADO . FOUND NO. 4 i.EBAlt ~TM 0.4,J', YIUT O.ot' N..Qill 1) TITLE COM MITME NT NO . ABC701 303541 EFFECTIVE DATE DECE '-'BER 15, 2005 AT 5:00 P.M. FROM LAND TITLE GUA RANTEE COMPANY, WAS RELIED UPON FOR ANY RE CORDED EASEMENTS OR RIGHT S Of' WA Y WH ICH M"Y AFFEC T THE SUB JECT PROPERTY. 2 ) THE FOLLO'MNG ITEMS FROM SCH ED UL E B -SECTION 2 OF THE ABOVE REFERENCED TITLE COMM ITMENT POLICY ARE ADDRE SSE D AS FOLLOWS : 1 TH ROUGH 11 -AFFE CTS SU BJECT PROPER TY, NOT PLOTIABLE 3) NOTICE : ACCORDING TO COLOR ADO LAW YOU MUST COM ME NCE ANY LEGAL ACTION BASED UPON ANY DEF ECT IN THIS SURVE Y 1111\i!N TH REE YEARS AFTER YOU FIRST DISCOVE R SUCH DEFE CT . IN NO EVENT, MAY ANY ACTION B ASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FR OM THE DATE OF CER TIFIC ATION SHOWN HER EON . 4 ) FALCON SURVE'\1NG , INC . RE COMMENDS AL L IN TERESTE D PARTI ES RETAIN THE SER"1CES OF A COMP ETENT INO I\JlDUAL TO CON SUL T PERTINENT DOCUMENTS FOR SPE CIFIC DEVELOP MEN T RESTR ICTION S AND CR ITER IA WHICH MIGHT APPLY TO SU BJECT PARCEL. FALCON SURVE'\1NG , INC . AND THE SURVEYOR Of' RECORD ASSUME NO RESPONSIBI LITY FOR THE ZON ING RESTRICTIONS UPON THE SUBJEC T PROPERTY. 5) BURIED UTILITI ES AND /OR PIPE LINES ARE SHOWN PER "'SIBLE SURFACE E"'DENCE AND U LITY PLANS. AODtTIONAL UTILITIES, IN USE OR ABANDONEO . MIGHT EXIST ON, NEAR OR CROSSIN G TH E SUBJECT PROPERTY. FALCON SU RVE'\1NG, INC . AND THE SURVEYOR OF RECORD SHALL NOT BE LIABLE FOR THE LOCATION OF OR TH E FAILURE TO NOTE THE LOCATION Of' ON -\JlSIBLE UTI TI ES. 6 ) FALCON SU RVE '\1N G, INC . DOES NOT H AVE THE EXPERTISE TD ADDRESS THE MINERA RIGHTS . FALCON SURVE '\1NG, INC . RECO MM ENDS ALL INTERE STED PARTIES RETAIN A MIN ERAL RIGHTS EXPER T TD ADDRESS THESE MATTERS . FALCON SURVE'\1NG , INC. AND THE SURVE YOR OF RECORD ASSUME NO RESP ON SIBILI TY FOR THE MINE RA L RIGHTS UPON TH IS TRACT Of' ANO . 7) FALCON SURVE'\1NG, INC . DOES NO HAVE THE EXPERTISE O ADDRESS THE ACCESS RIGHTS TO AND FROM PUBLIC RIGHTS OF WAY. FALCON SUR VE'\1NG, INC. RE COMM ENDS ALL INTERESTED PAR TI ES CONSULT 'MTH THE LOCAL GOVERNMENT ON THESE ~IATTERS . FALCON SURVE'\1NG, INC. AN D THf SURVEYOR Of' RECORD ASSUME NO RESPONSIBI LITY FOR THE ACCESS RIGHTS UPON TH IS TRA CT Of' LANO . 8) SUBJECT PROPERTY LI ES IN "ZONE X". (AREAS DETERM INED O BE OUT SIDE THE O 2ll ANN UAL CHANCE FLOODPLAIN) AS DE SIGNATED BY THE F'EDERAL EMERGE NCY MANAGEMEN AGEN CY AS PER FLOOD INSURANCE R.ATE MAP PANE L NO. 0 8005C0165 C, DATED AUGUST 16, 199 5. 9 ) ITEMS 16, 17 AND 18 OF TABLE A FROM THE MINIMUM STANDARD REQUIREMENTS FOR ALTA /ACSM LAND TLE SURVEYS : 16 -NO OBSERVABLE E"'DENCE OF EARTH MO \Jl NC WORK , BU ILDING CONSTRUCTION OR BU IL DING ADDITIONS 'MTHIN RECENT MONTHS OF TIME OF SURVE Y. 17 -ND OBSER VA BLE EVIDENCE OF CHANC ES IN RIGH T Of' WA Y LINES. ETC 18 -NO OBSER V AB LE EVIDENCE Of' SITE USE AS A SOLID WASTE DUMP . SUMP OR SANITARY LANDFILL. 10) TOTAL AREA Of THE SUBJECT PARCELS IS D.80 ACRES OR 35,077 S ARE F'EE MORE OR ESS . 11 ) PROPER TY ADORESS FOR SUBJECT P•RC£LS: 35Q7, 3587, 3580, 3578 AND 3566 SOUTH PENNSYI.VAN " STREET, AS SHOWN HEREON. 12) NO WATER METERS FOUND FOR 3580, 3578 OR 3566 S. PENNS YI.V AN IA ST . ALTA CERTIFICATION TO HOUSING AUTHOR ITY Of' Tri( CITY Of' ENGLEWOOO, COLONIAL BANKS OF COLORADO , BURGWYN C PAN , AND L AND TITLE GUARANTEE COMPAi, THIS IS TO CERTIF Y THA THIS MAP OR PLAT AND THE SUR!( ON ~ICH IT IS BASE D ll!(RE MA DE IN ACCORDA.NCE 'M TH THE •M INIMUM STANDARD DETAIL REQU IREMEN S FDR ALTA /ACSM LAND TLE SUR\IEYS," JOINTLY ESTABLISHED A D ADOPTED BY ALTA AND NSPS IN 2005, AND INCLUDES ITEMS 1,2,3,4.5,7o,8,9,10,11 o,16,17 AND 18 OF TA BLE A THEREOF . PURSUANT 10 THE ACCURACY STANDARDS AS ADOPTED BY ALTA A~D NSPS AND IN EfF'ECT ON HE 0A TE OF TH IS CERTI CATION, UNDERSIGNED FURTHER CERTIFIES THAT IN MY PROFESSIONAL OPINION , AS A AND SURVEYOR REGISTERED IN THE STATE Of' COL ORADO, TH E RELATIVE POSITIONAL ACCURACY Of' THIS SURVEY DOCS NO T E•CEED THAT ~!CH IS SPECIFIED THERE IN. ~~----------------------------~--------JEFTR(Y J MAC~ENNA PL S J41SJ DATE · / /200 GRAPHIC SCALE .. . .. • ( Ill l'IIT ) I IIMlh • to ti.. COll10U• llltlllVAL • 1 I'\. ) ~/ MEMORANDUM To: Through: From: Date: Subject: Mayor Wolosyn and Memb s Gary Sears, City Manager • Daniel L. Brotzman, City Atto ne,( Leigh Ann Hoffhines, Commu ic!»ons Coordinator~ June 15 , 2006 HR 5252 (COPE Legislation); S 2686 (Communications, Consumer's Choice, and Broadband Deployment Act of 2006) 12 a i As you know, Ken Fellman, the City's Special Counsel on Telecommunications issues , briefed City Council in May on telecommunications legislation and related matters. He presented information on the COPE legislation (HR 5252) and the Communications, Consumer's Choice, and Broadband Deployment Act of 2006 (S 2686), both of which have the potential to severely impact local governments relative to franchising , right-of-way authority, and consumer protection concerns. Following that session , the City sent a letter to Representative DeGette asking her to oppose the COPE legislation and requesting that she encourage her colleagues in the House to do the same. We also sent letters to Senators Allard and Salazar asking them to vote no on S 2686 if it comes before them as currently drafted. Despite input from the City fo Englewood and countless local government agencies across the country, the House approved the COPE legislation last week in a 321 to 101 vote . Congresswoman DeGette and Representative Tancredo were the only Colorado legislators to vote no on this bill. 1 have attached a letter that Ken Fellman sent (on behalf of the Metro Mayors Caucus and CML, wearing his hat as Mayor of Arvada) to Congressman Bob Beauprez expressing his disappointm e nt in the outcome of the vote. He sent a sim ilar letter to Representative Udall. At this morning's Greater Metro Telecommunications Consortium (GMTC) meeting, Ken Fellman briefed the board on the Communications, Consumer's Choice, and Broadband Deployment Act of 2006 ( 26 86). Ea rlier this week, Mr. Fellman testified at a Senate Commerce Committee Hearing on th e revi sed bill. He indicated that are still concerns with this bill , but there have been revisions mad e that appear to be generally more favorable to local governments in terms of PEG (Public , ·ducational , and Government) programming and fees, local appeals , and interoperability of public safety co mmuni cation s. It is not clear whether this legislation will come befo re the full Senate for a vo te during this sessio n , but I will keep you po s ted on its progre ss . Attachment: L tter to ongre man Bea upre z CITY OF ARVADA MAY OR AN D CI T Y COUN C IL FAC SIMILE : 720-898-751.5 A TDD : 720-898 -7869 PHONE: 720-898-7500 VIA FACSIMILE: 202-225-5278 Hon01'able Bob Beauprez 504 Cannon House Office Building Washington, D .C . 20515 Re : HR 52.52 Dear Bob : June 9 , 2006 On behalf of the Metro Mayors Caucus, the Colorado Municipal League, and specifically, the City of Arvada, you can imagine how disappointed we are by your vote on the COPE legislation . Over the past year, and as recently as about two weeks ago, you and I (and your sta ff) have had multiple opportunities to discuss the policies surrounding this bill in general , and the specifics of the legislation in detai l. While you never made a commit ment to local government on this legislation , neither did you give us any indication that you were likely to vote against local government interests . Indeed, we believed that you saw some merit in the positions we have been asserting. When we spoke about two weeks ago, it would have been nice to know if you were considering voting against us on this bill . If you honestly did not have any opinion whatso ever at the time of our last conversation, I would have hoped that either you or a member of your staff would have contacted someone in the local goverrunent community in Colorado whethe r it be me, the Colorado Municipal League o r the Metro Mayors Caucus, to explain why you had decided to vote to federalize video franchising and access programming, reduce local gov ernment r evenue and limit local ri ghts of way authority. The Metro Mayors C aucus meets next Wednesday, June 14th , and the Greater M e tro Telecommunications Consortium meets on Thursday, June 15th. At both meetings, I have been asked to present an update on the status of federa l legis lation . I invite you to share with us , in writing, the specific reasons in support of your vote . Please understand that I am not looking for platitudes like "this bill will speed up competition," or "this bill isn't perfect, but it's better than what we have now." Previously, I h ave shared with you an d your s taff the specifics of the legislation that would harm loc al governments an d the ci tize n s we re p rese n t. I wou ld like your specific responses to those issues . To the extent th at you interpret s p ecific sections of the bill differ ently than the most of the local government commun ity, I welcome your explanation . Specifically, I hope you will explain why (1) you support the federal policy that fe dera lizes all issues relating to public educational and governmental channel capacity and funding; (2) why you support federal legislation that creates incentives to mul ti-billion dollar PO B 101 .t. 8101 RAL TON l~OAD .t. AIWADA , C:OIORADO .t. 80001 -8101 Honorable Bob Beauprez June 9, 2006 Page 2 companies by reducing revenue presently paid to local government; (3) why you support federal policy that creates a special set of rules for video companies' use of public rights of way, that do not apply to any other utility or other users of the rights-of-way; (4) why you believe that Colorado consumers' interests can best be addressed by the state PUC or the FCC, as opposed to thei r local governments ; (5) why you believe that the Federal Communications Commission is the appropriate entity to determine the appropriate consumer protections that will be applicable in Colorado communities; (6) why you believe that when a local government's regulation impacting a video provider is challenged, the local government should lose its ability to defend itself in a local court, and must instead hire counsel and go to Washington, D .C. in order to defend itself before the Federal Communications Commission, which the COPE legislation has essentially made the new federal rights-of-way court of appeals; and finally (7) why you support legislation that eliminates a local government's right to require private entities using local government property to serve aH of members of our communities . If you are willing to provide responses to these questions and the basis for your vote, I will most certainly share them with the Metro Mayors Caucus and the Greater Metro Telecommunications Consortiwn next week . Thank you . cc : Alvada City Council Ken Fe)]man Mayor Greater Metro Telecommunications Consortium Metro Mayors Caucus Co lorado Munici pal Leagu e MEMORANDUM FROM: C.H.OLSON, DIRECTOR TO: ENGLEWOOD CITY COUNCIL THROUGH: GARY SEARS, CITY MANAGER DATE: JUNE 19, 2006 SUBJECT: SAFETY SERVICES ISSUES In order to provide City Council with a current list of major issues of which Safety Services is involved, the following is presented: 1) Police Division Accreditation This process has been completed by assigned evaluators from the Colorado Association of Chiefs of Police . Initial comments from the evaluators indicate that the Police Division did very ,, II. One of t he evaluators, a Captain from Boulder, will be in attendance at the July 10th Council meeting to describe the process and respond to questions. Formal approval from the Chiefs Association will not occur until their August Board meeting, after which it is expected that a formal presentation will be made to City Council. 2) Safety Services Facility Master plan Study The informal portion of this process has begun with Council having been informed of the potential cost involved with outside consultation services . Requests for Qualifications have been received from six vendors. These vendors s ubmitted the RFQ's after receiving notification on Bid Net, the City's method of distributing this type of information . From this point one, Council will be advised of the status of the process, especially when it comes to any approval of an outside consultant/vendor contract. Also, recommendations regarding cultural and art enhancements to recommended facility upgrades will be specifically addressed . A specific master plan study tirneline will also be provided to Council. In addition, I would like to ask Council to provide representation on the group coordinating this process . The form of that representation is Council's prerogative, but a Council member would be ideal and appreciated. 3) Safety Services Informational Communications Plan Safety Services staff is now analyzing and preparing, with the direct assistance of the City Manager's Office an improved plan for communications between that organization, City Council and the community. This revised plan will include very forms of improving informational communications through timeliness, upgraded citizen involvement, and enhanced feedback and direction on policy from Council. Because of the concerns over environmental cleanup issues at the Sheridan re- development site, Safety Services will be cooperatively working on emergency response plans with Sheridan public safety personnel. Council will be kept very closely advised on this process as well as any calls for service in that area that require an Englewood mutual/automatic aid response. 4) Fire Division apparatus replacement process Initial talks with City Administration have begun regarding the non-CERF replacement of two of the Fire Division's larger pieces of fire apparatus. A Fire Division apparatus committee has been meeting for several months, with key ServiceCenter personnel, to determine the most efficient and economical means of replacing this vital equipment. Council will be advised on a consistent basis of this process and ultimate decisions. This advisement will pertain to acquisition costs and methodology; affects on the City's ISO rating; affects on Fire Division staffing and response issues; and current and proposed alternatives to fire protection in Englewood. / { ~ Call to order 2-~ 2. Invocation _______ _ 3. Pledge of Allegiance ____ _ 4. Roll call and ~resen1 5 . cc~ j COUNCIL • M ting working not s Members: Tomasso v Moore v BarrentineAY Oakley KV: Mccaslin ~ Woodward Mayor Wolosyn V I abs~/ ~ I ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session June 19, 2006 \\/\ 1. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:30 p .m . 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: A quorum was present. E~fffi;~~asso, Moore~~~rv:;~/~ City Manager Sears ./ lln N-, ~ '?, 'J'l r,J IC, ~ Also present: City Attorney Brotzman r r . Deputy City Manager Flaherty/ Ob'J..tJ.t ~Mt N City Clerk Ellis V / l ~ ~ -_,()!) . { / Deputy City Clerk Bush OJ"". . (JIV"O ~ Director Olson, Safety Seryices / (c./ . · ~ ~ Director Fonda, Utilities .I' · _ _' , vJ-~ Police Commander Sanch~z. Safety Services./ :Jv;__~,'{) ~ I lf Consideration of Minutes of Previous Session -, .. A (a) COUNCIL MEMBER~~ AND IT WAS w~~ A~OVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 5, 2006 . 0 Mayor Wolosyn asked if there was any discussion . There was~ ICJ _, Q ~ Vote results: Ayes : Counc il Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None Motion carried . Recognition of Scheduled Public Comment There were no scheduled visitors . Recognition of Unscheduled Public Comment \ J t-'lsc:)(OJj t1i.0 M OY\ ~t Cvt0~JUU.LL ~, @lll7 Englewood City Council June 19, 2006 Page2 1;i .. 1ir8 lhcFe weFe Re t1Rae181edaled oi.siters . ¢ 8 . Communications, Proclamations and Appointments There were no communications, proclamations or appointments. t51J/b 9 . Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items subm ' ted for approval on first reading . (See Agenda Item 11.) COUNCIL MEMBER 0, AND IT WAS SEC;;To~~RO~ENT AGENDA ITEMS 9 (b) (i), (ii), (iii) and (iv). (b) Approval of Ordinances on Second Reading /(i) ORDINANCE NO. _, SERIES OF 2006 (COUNCIL BILL NO . 20, INTRODUCED BY COUNCIL MEMBER WOODWARD) 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) ORDINANCE NO ._, SERIES OF 2006 (COUNCIL BILL NO . 21, INTRODUCED BY COUNCIL MEMBER WOODWARD) 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 . /ciii) ORDINANCE NO . _, SERIES OF 2006 (COUNCIL BILL NO . 22, INTRODUCED BY COUNCIL MEMBER WOODWARD) 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. J(iv) ORDINANCE NO._, SERIES OF 2006 (COUNCIL BILL NO . 23, INTRODUCED BY COUNCIL MEMBER TOMASSO) 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: Ayes : Nays : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso , Oakley , J J None {p-0 ~V Motion carried . (c) Resolutions and Motions Englewood City Council June 19, 2006 Page 3 There were no resolutions or motions submitted for approval. 10 . Public Hearing Items No public hearing was scheduled before Council. 11. Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Director Fonda presented a recommendation from the Utilities Department to adopt a bill for an ordinance authorizing entering an Intergovernmental Agreement between the South Arapahoe Sanitation District, Southgate Sanitation District, and the City of Englewood pertaining to reimbursement of overcharged sanitation fees by South Arapahoe San itation District to the Southgate San itation District Customers . OA../J.. u_d COUNCIL MEMBER W~vED, AND IT w~. TO APPROVE AGENDA ITEM 11 (a) (i) - COUNCIL BILL NO. 7. couNCIL BILL No. 1 . INTRODUCED BY couNCIL MEMBER Woor/,()rtPr.tf__ &-Z:ito rllh A BILL FOR AN ORDINANCE AUTHORIZING ENTERING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE SOUTH ARAPAHOE SANITATION DISTRICT , SOUTHGATE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD PERTAINING TO REIMBURSEMENT OF OVER CHARGED SANITATION FEES BY SOUTH ARAPAHOE SANITATION DISTRICT TO THE SOUTHGATE SANITATION DISTRICT CUSTOMERS . Vote results: Motion carr ied . Ayes : Council Members Barrent ine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None (b) Approval of Ord inances on Second Reading \ t) t.l°' (i) Council Bill No . 16 , as amended , updating Sectio n 7-1A-4 of the Englewood Mun ici pal -Code 2000 pertain ing t o th e nu mber of an imal s ma inta ined at a household or prem ises was considered . COUNCIL MEMB ERt ~6Sfo, AN D IT WAS SE/!d~~OVE ~TE M 11 (b) (i) - ORDINANC E NO . _, SE RI ES OF 2006 . ORDI NAN CE NO ._, SERIES OF 2006 (COUNCIL BILL NO . 16 , INTRODUCED BY COUNCIL MEMBER ___ ) A N O RD INAN CE AM ENDIN G TITLE 7, C HAPTER 1A , SECTION 4 , O F THE ENGLEW O OD MUN ICIPAL CODE 2000 PERTAIN ING TO THE N UMBER OF ANIMALS MAI NT AIN ED AT A HOUSEHOLD O R PRE MI SES . Vote res ult s: \\~0 Council Members Barrent ine , Mccasl in , Moore , Wolosyn , Woodward , Tomasso , Oakley None Ayes : Nays : 5-f Motio n c arried . lYlPAj Tu~o Englewood City Council June 19 , 2006 Page4 \ 1+1ii) Counc il Bi ll No. 19, approv ing the South Pennsylvan ia Street Senior Housing Planned Unit Development (PUD) located at South Pennsylvania Street and Highway 285 in the City of Englewood was cons idered . ,.,vlJJb'IAli. ~ id COUNCIL MEMBER W~eo~~,ID IT WAS SEcb~PROVE AGENDA ITEM 11 (b) (i) - ORDINANCE NO . _, SERIES OF 2006 . ORDINANCE NO . _, SERIES OF 2006 (COUNCIL BILL NO . 19 , INTRODUCED BY COUNCIL MEMBER ) // '7q b , 0 af)1)'? ~ AN ORDINANCE APPROVING THE SOUTH PENNSYLVANIA STREET SENIOR HOUSING PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT SOUTH PENNSYLVANIA STREET AND HIGHWAY 285, IN THE CI T Y OF ENGLEWOOD, COLORADO . (c) Resolutions and Motions There were no resolutions or motions submitted for approval. I n~2 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn Update on H.R. 5252 , Communications , Opportun ity , Promot ion , and Enhancement Act of 2006 (COPE). (i i) Mayor Wolosyn Motion to reschedule the July 17 , 2006 C ity Counc il Meeting to July 24 , 2006 . t Caa,~ COUNCIL MEMBER (y\ MOVED, AND IT WAS SECONDED , TO RESCHEDULE THE JULY 17, 2006 CITY COUNCILMEETINGTOJULY24,2006. {p -0 ~~ Vote results: Ayes : Council Members Barrentine, Mccasl in , Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None , A-<=..-1.A 11-. jj'); 1 ~ ,J:'J AA ~~ /: . Mot ion ca rr ied . ~ f'\? P r'--7 t, ,._.._,. '-f l.A..)(J r ~'-'"-" r (} IN YV '."-:t'. JIU)+ ~ 6 / d 4 JU) 0 0 . ,, .,.J.. • (b) Counci Members ' Cho ice -~ U U..:J l ,a/. A A A L • ~~i,h ~. 0 "-~ (i) Council Member f AVVLt:A1A'l ~ .--~le~o-~ ~l+ ,tou.,uut ,f ,a A tJ~ A ~ , "(~ 61' £-.~~ ~+ 4 . \ 3°JO(ii) Council Member nt t-~"-"' c.. 't:> 1"l) C) .L.;.:~~~ o...dt ~ '\ ........... ,;.&>,. '4,1--Z.... ~ ~ c.~ ~""'\. l"r'Ya.-p ~~ c.,..\ll"I\: 1.11. r\-c.2,y-r1-l'I':::,.... (iii) 1 Council Member·~ ~ \)\. ;'bl":fl"." ""'~~0 ---_....__ __ -=====- o..? ~'P (iv)\~\1;ouncil Member tallr 1 L,{)~ 0 ~ , ~o 13 . (v) \'-\\~council Member /;() (JD d.»J' ~ , 1 (vi) Council Member 1-, 'So W o lo"'i:>~ ""-- Ci t y Man ag er's Report Englewood City Council June 19, 2006 Page 5 d lft,lo \~. ~ ~~~ ~rt-Cfttl City Attorney Brotzman did not have any matters to bring before Council. 15. Adjournment MAYOR WOLOSYN MOVED TO ADJOURN . The meeting adjourned at Q,1 ~- City Clerk (_ 1. 2. 3. 4. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL Monday, June 19, 2006 7:30 p.m. t Englewood Civic Center -Council Chambers~ ~ /} V 1000 Englewood Park w ay ~ff:~JJ Englewood, CO 80110 Y'\;- Call to order. 1')·~r Invocation.~ Pledge of Allegiance Roll Call. 5. Consideration of Minutes of Pre v ious Session. ~ 6-4J Minutes from the Regular City Council meeting of June 5, 2006~ 6 . Recwcheduled Public Comment. (Please limit your presentation to ten minutes .) 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for unscheduled public comment may be limited to 45 minutes and if limited shall be c °\1tinued to General Di_s 7ussio,.,n.1,,1 d_) 1".-J". {J,lf.~/IJY -~ 8. Communications, Proclamations, and Appointments. ~ 9. Consent Agenda Items. ~ (rO a. Appro~rdinances on First Reading. ~~~anc s e ond Rea ~~ / _, rn J fl, 'In i. Council Bill No. -I authorizing th e accep tan ce of a Victim Assistance Law 11 ~q qr _/-1--Enfor em en t Grant for 2006. Englewood City Council Agenda June 19, 2006 Page 2 {J)rfj/_ If ii. Council Bill No. 21, authorizing an Intergovernmental Agreement between the City of Englewood and the Urban Drainage and Flood Control District regarding property acquisition and construction of Big Dry Creek Trail. fhJJ 11 iii. (5)j}J 211-iv. Council Bill No. 22, authorizing an Intergovernmental Agreement between the City of Englewood and the Urban Drainage and Flood Control District regarding design and construction of maintenance improvements to West Harvard Gulch. Council Bill No. 23, 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. c. Resolutions and Motions. ~ 10. Public Hearing Items. (No Publi c Hearing Scheduled.) g-- 11 . Ordinances, Resolutions and Motions. a Approval of Ordinances on First Reading. ~/ i. ~~ Council Bill -Recommendation from the Utilities Department to adopt a Bill or an Ordinance authorizing entering an Intergovernmental Agreement between the South Arapahoe Sanitation District, Southgate Sanitation District, and the City of Englewood pertaining to reimbursement of overcharged sanitation fees by South Arapahoe Sanitation District to the Southgate So/")~!2_.Pjs!ric.t Custo,mers. STAFF SOURCE: Stewart H. Fonda, Utilities Directq!:IU TllUJ/1..JLA oval of Ordinanc es on Second Reading. C. Reso l~s and M o ti o ns . of [ngl wood OU . , Englewood City Council Agenda June 19, 2006 Page 3 12. General Discussion . a. Mayor's Choice . i. Update on H .R. 5252 , Communications, Opportunity, Promotion, and Enhancement Act of 2006 (COPE). ----- ~ fo ;t)Motion to reschedule the July 17, 2006 City Council Meeting to July 24, 2006. ~ b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. 15. Adjournmenil:J/3 r