HomeMy WebLinkAbout2006-10-02 (Regular) Meeting Agenda PacketRegular City Council Meeting
October 2, 2006
Ordinance# ~6, 37, 38, 39
Resolution# ~79, 80, 81, 82, 83, 84, 85, 86, 87
1 . Call to Order
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
October 2, 2006
The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7 :41 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 q u orum was present.
Also present: C ity Manager Sears
Assistant City Attorney Reid
Deputy City Manager Flaherty
City Clerk Ellis
Deputy City Clerk Bush
Director Olson , Safety Services
Director Simpson , Community Development
D irector Kahm , Public Works
D irector Gryglewicz , Finance and Ad min istrative Services
D irector Black , Pa r ks and Rec reati on
D irector Eaton , Human Resou rces
D ir ector Long , Li b ra ry
Engineering/Capital Projects Administrator Henderson, Public Works
Court Administrator Wolfe
Police Commander Sanchez , Safety Services
Fire Division Operations Chief Pattarozzi , Safety Services
5. Consideration of M inutes of Previous Session
(a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE TH E
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTE MB ER 18, 2006.
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
Englewood City Council
October 2, 2006
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6 . Recognition of Scheduled Public Comment
(a) Mayor Wolosyn said Director Stu Fonda is here to recogn ize Wate r Production Superviso r Don
Coatman for receiving the 2006 Ralph M. Leidholdt Water Treatment Plant Operator Award from the Rocky
Mounta in Section of the American Water Works Assoc iat ion . Director Fonda said it is my pleasure to introduce
you to Don . I thought I would just read the announcement that went with the award. It is a prest ig ious awa rd . It
is g iven in a three-state region by the American Water Works Association and one award is g iven per year .
"The Rocky Mountain Section of the American Water Works Associat ion is proud to announce that Mr . Don
Coatman of the City of Englewood 's Utility Department is the recipient of the Ralph M . Leidholdt Water
Treatment Plant Operation Award for 2006 . Mr. Coatman has demonstrated a very high work ethic and an
ability to effectively manage the detailed operations of the Water Treatment Plant and maintain the systems
infrastructure including four raw water reservoirs, 16 miles of irrigation ditches , three treated water sto rage
reservoirs, booster pump stations and 2 elevated storage tanks . He is the contributing author to Rumbles ,
serves on the Rocky Mountain Section Safety Committee and trains staff on all aspects of operat ion and
maintenance. He is recognized as one who motivates older employees and inspires newer employees to
accomplish recommended goals . Don is a skilled, dedicated operator and is truly a credit to the profession and
to the City of Englewood Utility Department." Mr . Fonda said congratulations Don .
Mayor Wolosyn said congratulations . There was applause .
Mr . Coatman said thank you , your Honor.
(b) Lorena Beauregard , an Englewood resident , said I would like to start by saying thank you for
allowing me to come here and speak . I have been a resident in Englewood for 20 years . I am also a letter
carrier in Englewood for the pas t 20 years . There have been three major concerns ... not only from me , but also
from some of my co-workers . One of the problems is increasing the number of dogs allowed per household .
My concern with that is that you are not just doing that for the responsible owners , it is also be ing held out to the
irresponsible owners who, unfortunately, we get to deal with quite a bit. The other concern is our office at th is
t ime is very shorthanded , so a lot of times carriers are doing one assignment and then going back out to help a
fellow carrier in a different area . In doing this , I am running into a lot of situat ions whe re the number of pit bulls
that are coming to our neighborhoods are multiplying . And it is really frightening ... not only as a carrier , but as a
mother. You know , I am afraid to let my k ids walk alone to the park anymore . I am hoping that we can ra ise
awareness and at least set some k ind of c ri teria if these dogs are go ing to be in ou r ne ighborhoods . On e of th e
main reasons that I am here tonight is because I have had an ongoing dog problem with a customer on my
route . I have called Code Enforcement probably 25 to 30 times. I have tried to expla in to th is customer tha t fo r
pe rsonal and profess ional reasons , it is not a good idea for me to get to know anybody's anima l. .. bec ause in
do ing that , the nex t carrier that comes in o n my day off, or when I am s ick , or whatever the reason tha t I am not
th ere, and th is dog is used to appro ach ing me, could very well approach somebod y w ho is death ly afraid of
dogs and I have just endangered the dog and my fellow carrier . When Code Enforcement was called out this
last time , at the beginning of September, she told me ... I am very clear that I have no rights as long as the dog is
on their property. The dog was unrestrained and off the property . And this gentleman ... it is a game to him ... to
allow his dogs loose when I am in the area . It is intentional. Well Code Enforcement explained to me that there
was nothing that she could do, except to give a good strong heart-to-heart ... which isn't going to protect me from
a dog bite . Her next suggestion was for me to cut off mail to the entire block, rather than have this one
household be responsible for their pets . I find that very unfair. I have some very big professionals on that block .
Mr . Moore, you are one of them . I am hoping that I can come to you . The laws are set ... it is just that they are
not being enforced . And I come here today in hopes that we can educate . I don't want to criticize ... l am a dog
owner myself ... but to educate the public, so that we create a safer situation not only for the public but also for
the animals . Thank you .
Mayor Wolosyn said thank you . I would like to say that we don't have a question and answer period at this time ,
but we often return to these issues at the end of the meeting during Council Choice . Ms . Beauregard sa id thank
you . Mayor Wolosyn said thank you .
(c) Englewood Business Owner Doug Cohn , an Englewood resident , said I wanted to come back
and g ive you a little report on Englewood Days . Most all of you received this nifty poster. We have some
Englewood City Council
October 2, 2006
Page 3
cert ificates of appreciation that we would li ke to hand out to some guys in d ifferent parts of the C ity governmen t.
He said, Mr. Olson, I would like to give you a cert ificate of appreciation and a letter of thanks for the Safety
Services guys who worked with us on the Englewood Days and say thank you to Jeff Sanchez and John Knoth .
Council Member Barrentine said why don't you have all of the people who were on the Committee stand up with
you? Mr. Cohn said yes, that is a good idea . I have some other members of the Englewood Days Committee
here in the aud ience tonight. Mr. Cohn was joined at the pod ium by Chris Duis, Bob Farris , Anne Burris , Laurett
Barrentine . He said Rick, can I give you a certificate for the Publ ic Works guys? It seems like most of the
assistance we got with stuff on the ground was from the Public Works guys . Rick is the Director and Larry
Nimmo and Jim Kavinsky got us the Englewood flag that the Boy Scouts could use for the day. Jerry worked
with us to get the Show Wagon over there and Dell did lots of work with the barricades and grad ing the park ing
lot and sweeping the streets ... and Linda Wilks who is the keeper of the gate over there. You don't get anything
done unless you get past Linda first. .. and Scott with the trolley . And even though I was kind of suspicious that
Ladd's idea on traffic control would work ... it worked really well with the electric signs and slowing the speed lim it
down . So, I would like to say thank you to all of you guys over in the Public Works Department with a certificate
and letter saying thank you . Mr. Kahm said thank you . There was applause . Mr . Cohn said the Community
Development guys ... Darren , Brook and Bob ... did all the paperwork that we needed to do to make sure that all
of our permits were in order ... and working with Joan Weber, the Risk Management person, so that we didn't
cross any kind of lines that we shouldn't cross and stuff like that. We would like to say thank you , Bob , for all
the work that you guys d id . Mr . Simpson said thank you . There was applause. He said the second from last is
the Parks and Recreation guys . Debby Severa was able to line up the Show Wagon for us with Jerrell and Gary
working with us on that thing . The Show Wagon was a big hit and it worked out great. He said , Jerrell , we want
to say thank you . Mr. Black said thank you , I appreciate it. There was applause . Mr. Cohn sa id and now just
one more ... if you didn't get to see the trophies at the Car Show for the winners in the various categories , Chris
made one extra trophy that we would like to give to the City of Englewood . He said they are unique and we
would li ke to g ive it to the City.
Counc il Member Barrentine said I don't know if you guys know this or not but Chris Duis designed those
trophies and he made them . There was applause . She said they were the talk of the Car Show. The people
who do Car Shows said they were pretty impressive trophies ... and he had the idea of presenting Englewood
with one of them as well. So they are unique and hopefully we can display that w ith pride for our cit izen effort
on a really successful event. Chris and I also had one more ... and Bob Farris from the Survival Store was the
head of our vendors . Chris Du is headed up the Car Show and also headed up the finances with me . Pos itively
Englewood was also involved in the fund ra ising events and I am the Cha ir of that group . And Anne from
Orcha rd Place was nice enough ... they volunteered to come in and help us and prov ided a lot of assistance in
part of Orchard Place as well for th is even t. So I wanted to give all of them a round of applause for all of the
effort that they d id . The re was applause . Ms . Barrent ine sa id like w ith any even t, noth ing happens w ithout a
Chief an d wh ile we had so me very ha rd work ing Ind ian s, we d id pretty well w ith that , but it wouldn 't have com e
together w ith o ut Do ug Cohn being the go-to gu y and organizin g all of th is . An e vent like th is is ex tremely
difficult to put on . Even Darren ... bless his heart ... when somebody said , hey, what the City needs to do next
yea r Darren is ... and he goes , this is too big for us . But , it wasn 't too big for Doug Cohn and I appreciate the
work and effort that he put in to it or it wouldn 't have happened . It was an excellent event. It brought the
commun ity together and we are so very proud to have you both as a business owner and a citizen here in
Englewood . We have a plaque for you as well .
Mr . Cohn said thank you . There was applause . He said just one extra thing . We were thinking with that nifty
trophy , if those posters could be displayed on either side of the nifty trophy that would even be way cooler.
There are two different posters , so can I just put those with the trophy? Thanks for your time .
Mayor Wolosyn said thank you Doug .
Mr . Farris sa id every single th ing that the City helped w ith , they did a better job than anybody could have hoped
fo r. I mean , there wasn 't one th ing that they didn 't go overboard on . So, for all the people who helped from the
Ci ty, you couldn 't be li eve what k ind of good j ob they d id w ith everyth ing .
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October 2, 2006
Page4
Mayor Wolosyn said thank you very much . We have a great staff and they did go the extra mile on that project .
There was applause .
7 . Recognition of Unscheduled Public Comment
(a) Cherie Wolkensdorfer, an Englewood resident, said I am currently an employee at
Starbucks ... the new one on Broadway and Bates . We opened Friday and I am just here to invite you all to
come in and enjoy a cup of coffee ... and everybody else here too . I wanted you to know that our Manager is
very into the community, along with Starbucks , so I have for you certificates to come in and meet Dave any time .
Come in and have meetings or just coffee and come in and read . We have a beautiful lobby and a drive-thru .
Jim has been there and so has Laurett.
Mayor Wolosyn said thank you and welcome .
Council Member Barrentine said I went to the opening on Friday . It was excellent and when she said she was
going to come down here and talk, I said that is fantastic, let everyone know . And when she said she was
coming down here with a certificate for everybody to have free coffee, I said, come on down . There was
laughter. Ms . Wolkensdorfer said I have given out some of the certificates, but I will leave the rest on the
table ... so if you haven't gotten one, please take one .
Mayor Wolosyn said thank you very much.
Council Member Woodward said I actually had the opportunity to go on Friday and last night with friends and
family and twisted Cherie 's arm to come down here and get up to the podium and actually speak to us . So , th is
is a new and different type of Starbucks . I think Dave , the manager. is very excited about what is going on there
an d 1 wish you a lot of success .
Ms Wolkensdorfer said I think th is is going to be a plus for our City . Thank you .
Mayor Wolosyn said thank you . There was applause.
(b) Deborah Sullivan , an Englewood resident, said I didn 't think I would be able to speak tonight.
Around July I went down to City Council and I gave City Council an envelope and I guess maybe you guys have
not received it. On January 41
h ••. six months ago ... my dog ran out of my house barking . She was a lab , looks
just like a lab . There were two undercover policemen who did not identify themselves ... my neighbor and I both
sa id, she is only barking and she will not hurt you . They did not listen at al l. Mr. Smith pulled his gun and shot
my dog three times in front of me as I watched my dog 's neck explode . My concern is that pol ice offic ers should
not be above the law ... that they can just shoot whoe ver they want. This man was not put in jail. If my neighbor
had done it, he would be . I have an attorney and she told me I can speak about this . In this book of the lies that
were told about my dog ... there are pages of lies . One officer said there are no witnesses and in his own report
he states the man's name four times that was a witness . Also. I have letters in here from all my neighbors ... one
is 87 years old . I have arthritis and when I can, we walk together . I have a letter from my neighbor who is
blind ... he played with her every day . I have a letter from Doggie Day Care who loved her ... you cannot take an
aggressive dog to Dogg ie Day Care . I have a letter from a neighbor who states that he has seen 3 and 4 year
olds pull my dog's ears and tail and never did one thing to them . My dog was really loved . My husband and I
never had children ... we have been together for 30 years ... she was my life . I would like for you all to take a look
at this chart . I would like you to look at the crime scene and the pictures of my dog . Can I present them to you?
Mayor Wolosyn said yes, we will look at them , yes you may . Ms . Sullivan said thank you very much .
Mayor Wolosyn said thank you . I'm sorry for your loss . As I said, the issues that come up in this area of
Council are often addressed at the end of the meeting , if you wish to stay .
(c) Barbara Larson , an Englewood resident , said thank you for allowing me to address you . I am
going to read a letter and this is going to sound so ... I don't know ... after hearing that test imony and that little talk ,
I am hesitant here . However , we as letter carriers for the City of Englewood are having a problem with loose
dogs and irresponsible dog owners . I put a letter together and circulated it around our office today and I would
Englewood City Council
October 2, 2006
Page 5
like to read it and I would also like to pass it around and show you how many people signed it. There are a lot of
carriers who couldn 't show up ton ight but they are aware of this and they know that there is a problem . "Dear
Sir or Madame : We are letter carriers and we would like to express our views concern ing dogs in the City of
Englewood . Postal regulations do not allow a carrier to enter a yard where there is a loose animal. The top ic of
dog bites is frequently addressed at our safety meetings . We are constantly told not to pet o r feed a dog ,
because when someone else delivers the ma il he may not treat the dog in the same manner. Dogs are
protective an imals and they act differently when the owners are not at home. Some routes have up to 100 dogs
so it is hard to distinguish which ones are friendly or which ones are not fr iendly . Our mantra of deliver ing
through rain , snow, sleet and dark of night does not include fighting off dogs . I am sure people have stories of
about how we over react when a dog approaches us , but our supervisors threaten discipline when we are bit
and when we know a dog was at that point. We are being pushed into a corner , so as letter carriers of
Englewood , please restra in your pets . Thank you for your time ." Thank you .
Mayor Wolosyn said thank you .
(d) Charles Trujillo said I have been a mail carrier for 24 years . I live in Littleton , Co . I was here
probably about three or four years ago w ith another petition with approximately 50 signatures, similar to what
Barb just presented . And I am here again, because I strongly feel that we need to go ahead and voice our
opinion ... I need to voice my opinion ... about how I feel about th is issue . I feel that the law, the way that it stands
now, should probably be a little bit stricter , personally, when it pertains to dogs . I feel that sometimes Code
Enforcement officers feel that their hands are tied and they can 't really give citations or address a problem . I
also feel that when there is a problem out there, if I am delivering mail , I feel that I should be able to call d irectl y
to a Code Enforcement officer ... they should be able to go out there immediately and address the s ituat ion and
decide what to do from there . I w ish that there would be more vis ibil ity, you know , on some of these routes . I
w ish and I hope that the City Council would look into th is more seriously down the road , because , fo r th e most
part , you know 99 .9% of dog owners are respons ible and they do take care of the ir pets , okay , but it is that .1 %
that needs to actually be policed up as far as I am concerned . I think that if we can go ahead and nip this in the
bud, on just a personal level with that individual that we are having problems with , I th ink it would be much
eas ier , because we would hate to cut off ma il del ivery for the whole block or for the ne ighbors next door ,
because it is not fa ir to people who don 't have that problem . I could go on more, but I th ink I shou ld go ahead
and cut it short . That is all I have . Thank you .
Mayor Wolosyn sa id thank you .
(e) James L. Campbell , of Morri son , Colorado , sa id thank you fo r th is t ime to add ress Cou ncil.
wa s a n Englewood res iden t for over 20 years . I graduated from Englewood High Schoo l. I have bee n a letter
car rie r in Englewood for 32 years . Two and a half years ago I was del iver ing ma il on the 3500 block of Co rona
Stre et. I w as wor ki ng o n one si de of the street w ith no pro bl e m ... ! cam e down the other si de of the street and
came around a Suburban ... two rottweiler dogs were in the yard. One of them ... we had had trouble with this
address before ... l went out into the street to avoid the dogs and thought they are not going to get delivery today .
One of the dogs jumped this 30 inch chain link fence , came after me aggressively, I was knocked down , I put my
right arm out to catch myself as I fell and the dog attacked me . Fortunately, I had a satchel so I was able to fight
him off. The dog went back . When I got up , I couldn't move my right arm ... my rotator cuff was damaged and
also I dislocated a bicep tendon . Come to find out, the dog had attacked a letter carrier four months previous to
that. He had also attacked a little girl. He had been ticketed for dog attack and dog at large and another
t ime ... a month later ... the dog had been ticketed for dog-at-large . He attacked me and, subsequently in the
investigation. we found out that the people were renters and they moved out of Englewood as soon as they
could . But in the last two years , we have noticed a big increase in pit bull dogs . I can sight an example ... the
dog next door to my dog attack, on Corona Street , the people moved in and told me , well we are responsible pet
owners , we moved out of Aurora to avoid the dog problems there ... with their pit bull they moved into
Englewood . Another situation we have had in the 3200 block of Corona Street is a dog name Avalanche . He
has attacked carriers four times and we made him move the mailbox down on the street , they were forced to get
a post office box and the dog has been picked up and the owner ticketed twice for this dog . I would just like to
ask the Council to consider more regulat ions or tougher enforcement of the dog codes in Englewood . Thank
you .
Englewood City Council
October 2, 2006
Page 6
Mayor Wolosyn said thank you .
(f) Lou is Rivas said I have been here before , a couple of years ago ... before th is Council. .. and
presented my photos of all my dog bites that I have gotten ... on Cherokee , Delaware, Galapago , Washington . It
is to the point where they nicknamed me T -bone , because of all the dog b iting incidents , but the problem is
everywhere . It hasn 't gotten any better and I've got scars all over my body. A V ietnam veteran and I came back
scar less and here I am in Englewood w ith four dog b ites in less than two years . So , we do need tougher
regulations . Thank you .
(g) Victor ia LeBert , an Englewood res ident , said it is kind of funny that everybody is talk ing abo ut
dogs , because I am only up here because I heard you guys talking in Study Sess ion . I know you guys aren 't
going to discuss breed spec ific dogs, but I do think there is a need for severe revamping of the dog pol icies that
we have . I would like to point out that when I was a kid Doberman pinschers were cons idered very dangerous
and there are rottweilers that I am pretty sure that I couldn't survive an attack from. Nobody is talking about
banning rottweilers or banning Doberman pinschers or German shepherds ... who are more likely to bite me than
any other dog from what I have read . What I want you guys to take into consideration ... when you are talking
about breed specific bans ... that I have been around a lot of dogs ... being a part of Englewood Unleashed ... ! am
not speaking for them , I've just been a part of them and been around a lot of dogs . I think that if you go toward
the breed specific , rather than working on just fixing the policies and strengthening the polic ies that we have ,
you are going to punish some long-time Englewood residents who have been excellent dog owners and who
have pit bulls or pit bull mixes that are calm dogs and good dogs . It is unfortunate that we are surrounded by
cities that have banned them, so a lot of people are coming to this City with dogs that are not necessarily safe
and that does worry me . There is a gentleman that l ives down the street from me that have p it bulls that worry
me , but there is also another guy down on the other side of the street that has a 30 pound German Shepard m ix
that scares the crap out of me too so ... l j ust want you guys to cons ide r, when yo u are tal ki ng abou t th is , the re
have been many, many people who have lived in Englewood and had pit bulls speci fi cally and they are good
owners and they have had calm dogs and they haven 't had any sort of compla ints against them or the ir dog ,
other than the fact that the ir dog is a pit bull. That is all I had to say . Thank you .
Mayor Wolosyn said thank you .
(h) Linda Hart , an Englewood resident , said I have l ived in Englewood for about 10 years now .
have lived in Littleton for about fi ve yea rs before that and I'm a Colorado nat ive . I show dogs . I have small
dogs . I have s ilky terr iers wh ich are about 10 pounds and have done that for about 30 years . I also wor ked on
PACFA , the State Regulat ion for Care and Fac ili ties and I worked w ith several c it ies on the ir dog ord inan ce s. I
am work ing w ith Parke r righ t now and a couple of othe r places that we are tryin g to bring th e m into li ne an d get
th em w ith some good ord inances . I sat in on you r St udy Se ssio n and I agree w ith what is be ing prese nted ... that
breed specific la ws do no t work . You ma y ban p it bull s but you a re not bree d ing b ull m astiffs or m as tiffs o r
some of the other Japanese breeds that can be quite aggressive, if they are improperly socialized and
improperly raised . You need to be punishing the owners that are having the vicious dogs . I see my letter carrier
here and I know that she has had problems with the lab mix across the street that for ten years has been a very
nasty dog and they have stopped the mail service to them on several occasions , because the dog is mean .
They fixed the fences now so that the dog cannot get out. But , breed specific dogs do not work . What you need
to do ... and if you 're ordinance says that the dog can have two bites in two years ... that is way too lenient. The
State law has just been made stricter on vicious dogs and dog bite regulations and I think the City of Englewood
would be well served to do the same thing ... to review the State law and br ing the City laws in line . The State
law is a very good law at th is point in time . Also , the information that you were given from the Coalition For
Liv ing Safely with Dogs ... I recommend that you read that real closely . There is some very , very good
information in there and very good resources supported by the Animal Control Officers of the State and some of
the top organizations in the State on animals . Thank you .
Mayor Wolosyn sa id thank you .
8 . Communications, Proclamations and Appointments
Englewood City Council
October 2, 2006
Page7
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO ACCEPT, WITH REGRET, THE
RESIGNATION OF BETTY GOOSMAN FROM THE ELECTION COMMISSION AND THE
TRANSPORTATION ADVISORY COMMITTEE .
(a)
cons idered .
A lette r from Betty Goosman announcing her resignation from the Elect ion Commission was
(b) A letter from Betty Goosman announc ing her resignation from the Transportat ion Advisory
Committee was considered .
Mayor Wolosyn asked if there was any discussion . She said I understand that Betty is moving and we will miss
her.
Council Member Tomasso said Betty has moved to Parker , although since she has moved to Parker I have
seen her in town almost every day. Betty was a long time employee of the City and served diligently on both
Boards ... especially on the Transportation Advisory Committee .
Council Member Oakley said I have known Betty for many years and am sorry to see her leave the City .
Vote results:
Motion carried .
Ayes : Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward,
Tomasso, Oakley
Nays : None
(c) A proclamati on declaring October as National Meet the Bl ind Month was considered .
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION
DECLARING OCTOBER AS NATIONAL MEET THE BLIND MONTH.
Mayor Wolosyn asked if there was any discussion . There was none .
Motion carried .
Ayes : Council Members Barrentine , Mccaslin, Moore, Wolosyn , Woodward ,
Tomasso , Oakley
Nays : None
Mayor Wolosyn presented the procla ma tio n to Brent Batron , Ch ip Joh nso n a nd Jerem ia h Beas ley. She thanked
them for coming . They thanked her for the proclamation . There was applause .
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 (a).)
(b) Approval of Ordinances on Second Reading
There were no additional items submitted for approval on second reading . (See Agenda Item 11 (b).)
COUN CIL M EMBER WOOD WARD MOVED, AND IT WAS SEC OND ED , TO APPROV E CON SE NT AGE N D A
ITEM 9 (c) (i).
(c) Resolutions and Motions
(i ) RESOLUTION NO. 78 , SERIES OF 2006
Englewood City Council
October 2, 2006
Page 8
A RESOLUTION BY THE CITY OF ENGLEWOOD AUTHORIZING THE CITY OF ENGLEWOOD , COLORADO ,
TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR A 2007 COMMUNITY DEVELOPMENT BLOCK
GRANT.
Vote results:
Motion carried .
Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward ,
Tomasso, Oakley
Nays: None
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 Kahm presented a recommendation from the Public Works Department to
adopt a bill for an ordinance approving an Intergovernmental Agreement with the Colorado Department of
Transportation for design and construction of a bridge over the Platte River at the Golf Course . He said , as you
may or may not be aware , there has been an existing bridge at that location s ince 1982 . Whe n the C ity bu ilt that
bri dge to connect the east and west sides of the river , as we developed the Golf Course on the east side . Fo r
the last several years , there has been a lot of conflict w ith the increased use of the Tra il System . We are ask ing
golfers , we are asking bicyclists and hikers and folks walk ing dogs or whatever to use the same bridge and
there are conflicts some times . As early as 2003 , before we even proposed redeveloping the Golf Course , we
had submitted, for funding , under the Federal government's Enhancement Program, to build another br idge at
that location . At this t ime we have had approval by DRCOG ... if I could get you to look at the third page of your
packet ... what you will see is a l ist of projects that DR COG has approved for the 2007 through 2012 TIP
Enhancement Pool Projects . You will notice that there are a total of eight projects that have been
approved ... six cit ies have each put in one ... we have been approved for two . And what I would like to point out ,
because it will affect this ordinance , as well as the next one ... is that in 2007 there is only a total of $429 ,000 .00
ava ilable from that Poo l. This is almost a first-come , first -serve with the State ... and we really believe that the
compet ition right now is between Englewood , Boulder and Golden for proj ects . Since we are a lready in the
fiscal year 2007 , money is ava ilable as soon as the State could prepare the necessary docu ments . It wou ld
a llow us to start the des ign on that bridge this year yet and as early as July of next yea r, poss ibl y start
c onstru ct ion . And that would a lso li ne up w ith the propose d deve lopments at th e Golf Co urse, because the
Course is expected to open in the early summer of 20 08 . In this particular instance, this project is on a 20/80
percent match with Englewood's share being $144 ,800 .00 and the Federal total being $579,200 .00 . As we
have negotiated with Miller Weingarten, the developer , they have agreed to pay for the City's match on this
particular project. The only way we would be at risk is if for some reason we didn't do that project ... we would
have to come back and ask for the local funding out of the Open Space Funds .
Mayor Wolosyn said thank you Rick, well done. Do we have any comments or questions for Rick?
Council Member Woodward said I have one question on the map . On the area between the new bridge and the
existing bridge, will that trail be vacated then?
Mr. Kahm said we have not completed the design at this point , but I suspect that it might be . What we intend is
that the trail users would use the new bridge ... the south bridge ... and of course we will hook everything up with a
traffic type circle, where they come together on the east side . That particular segment that is there now , that
connects up to the Golf Course, might still be of value to the Golf Course to get maintenance equipment in and
out. There are times that we have used that. Most recently the Corp of Engineers did some channel
improvem ents along the river and that is how they accessed from Oxford to get in there to do that work . But we
would be able to control the access point , regardless . Mr. Woodward said some sort of control would be put up
Englewood City Council
October 2, 2006
Page9
to turn the t rail off of that, so we wouldn 't have the same problem on the ex ist ing bridge . Mr . Kahm sa id
absolutely . Mr. Woodward said great. That was the only question that I had .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a)
(i) • COUNCIL BILL NO. 38 .
COUNCIL BILL NO . 38 , INTRODUCED BY COUNCIL MEMBER WOODWARD
A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND THE CITY OF ENGLEWOOD ,
COLORADO, THAT PERTAINS TO CONSTRUCTION OF A BRIDGE OVER THE PLATTE RIVER AT THE
ENGLEWOOD GOLF COURSE .
Vote results:
Motion carried .
Ayes : Council Members Barrentine , Mccaslin, Moore, Wolosyn , Woodward ,
Tomasso , Oakley
Nays : None
Mayor Wolosyn said thank you Rick .
(ii) Director Kahm presented a recommendation from the Public Works Department to
adopt a bill for an ordinance approving an Intergovernmental Agreement with the Colorado Department of
Transportat ion for design and construct ion of a br idge ove r the Platte River at Dartmouth . He sa id like the
previous request , this is almost identical. In this case , the br idge is along s ide Dartmouth . The re the s ituat ion is
we are asking the Trail users to cross on the existing street bridge , wh ich has a very narrow s idewa lk ... so the
separation would be of great value from a safety standpo int. It is almost identical except on the fund ing . In th is
part icular instance , we have th is 80/20 spl it , but what the C ity d id when we asked for this is , in order to increase
our chances of getting funding for this bridge , we worked with Community Development and this was submitted
at about a 65/35 split.. .but we overmatched it and that got us additional points in the evaluation , which got us on
th is list. One thing that I should also note is that there is a note that the corrected outline letters are not
substantive changes . What that is about is that the State, in a hurry to get these contracts to us , because it is
go ing to be a f irst-come , first-serve situat ion ... had made some techn ical errors ... noth ing that has any impact on
the language in the contract or the value of the contract. We w ill try to get those corrected before you sign
them , but we did go forward ... you will see where we have had to do some hand w ri tin g to co rr ect so me letter s
and numbers . But I th ink that is t he only thing we 've got there , is that we did overmatch it. And if in fact , th ey
don 't fund that project in 2007 , we will ask them to allow us to go forw a rd a nd use our o ve rmatch fund s to get
th e d esi gn started , so t ha t it cou ld st ill be built in 2008 .
Mayor Wolosyn asked if there was any discussion .
Council Member Woodward said just a comment. Last week there was an Open Space meeting and Trails
meeting down in Littleton with the County Commissioners and the stakeholders on the South Platte River . And
this particular area was identified as being real important to get the east and west connections back into the
trails, especiall y in the Ci ty of Englewoo d. W ith the TIP financing and the leverage that we are able to do , I am
real supportive of this . I think the Parks Master Plan , as pointed out in Trails and Open Space , are very high on
the list of the citizens and so I am supportive of this .
C OUN CIL M EMBER WOODWARD MOVE D , AND IT WAS SEC OND ED, T O APPROVE AGE NDA IT EM 11 (a)
(ii) • C OUNCIL BILL NO. 39 .
COUNCIL BILL NO . 39 INTRODUCED BY COUNCIL MEMBER WOODWARD
A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND THE CITY OF ENGLEWOOD ,
Englewood City Council
October 2, 2006
Page 10
COLORADO, THAT PERTAINS TO CONSTRUCTION OF A BRIDGE OVER THE PLATT E RIVER AT
DARTMOUTH AVENUE .
Vote results :
Motion carried .
Ayes : Council Members Barrent ine, Mccasl in , Moo re , Wolosyn , Woodward ,
Tomasso , Oakley
Nays : None
(b) Approval of Ordinances on Second Reading
(i) Council Bill No . 37 , approving the vacat ion of an alley in the 1800-1900 blocks betwee n
South Raritan and South Tejon Streets was cons idered .
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (b) (i)
-ORDINANCE NO. 35, SERIES OF 2006.
ORDINANCE NO. 35, SERIES OF 2006 (COUNCIL BILL NO . 37 , INTRODUCED BY COUNCIL MEMBER
WOODWARD.)
AN ORDINANCE VACATING THE ALLEY RIGHT-OF -WAY LOCATED IN THE 1800 TO 1900 BLOCK ,
BETWEEN SOUTH RARITAN AND SOUTH TEJON STREETS , IN THE CITY OF ENGLEWOOD, COLORADO .
Mayor Wolosyn asked if there was any discussion . There was none .
Vote results :
Mot ion carr ied .
Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward ,
Tomasso , Oakley
Nays : None
(c) Resolutions and Motions
(i) Director Kahm presented a recommendation from the Publ ic Works Department to
approve a motion award ing a contract to Maj or Env ironmental Serv ices fo r environmental mon itor ing an d
cons u lt ing services re lated to the reconstruct ion of the Golf Cou rse and redevelopment of assoc ia ted pro perty in
th e amount of $264 ,000 .00 . He said as we go forward w ith the Golf Cou rse proje ct , there a re two pieces tha t
affect the C ity . T here are two separate VCUP 's , Voluntary Compl ian ce cl eanup docume nts ... on e that affects
the development that Mill e r Weingarten is doing and one that affects the Golf Course . In the case of the Miller
Weingarten VCUP, 53 acres of what they are redeveloping ... the City of Englewood owns and is leasing to them .
And so, even though they are doing the work on that landfill, the City is still responsible as the generator of the
hazardous material that gets moved to another landfill . So, it is critical that the City oversee and watch over
their shoulders to make sure that all the material that is leaving that 53 acres ... ends up in a proper landfill. And ,
that is the purpose of thi s env iro nme ntal con tract. The same fo lks will also come into play any time we
encounter a n e nviro nme nta l issu e as the Gol f Course itse lf is being constructed, because much of that property
is still on a landfill and any t ime that they, for ins tance, just trench through the dirt and get into trash , then that
comes in to play and that has to be dealt with . In this particular instance , the work on the 53 acres will be
spread over approximately a six month period and while they are doing that work , they will be active out there
20 hours a day, seven days a week . So, we will have to monitor almost around the clock .
Mayor Wolosyn said thank you Rick . Are there any questions?
Council Member Woodward said I have a question . On the second to last page here , under the Major
Environmental Services , Inc., under their letterhead ... the very last sentence on that first page : It is our
understanding that the City will provide an on -site job trailer with electrical power and heat. He said do we have
a job trailer or ... Mr . Kahm said we will have a trailer . Mr . Woodward said we will have one? Mr . Kahm said we
Englewood City Council
October 2, 2006
Page 11
will rent one and Major Environmental will work out of it and it will also provide office space for Jerrell's
consultant that will oversee the Golf Course construction . Mr . Woodward said so that is another part of our
$650,000 .00 settlement ... that we are considering there . Mr. Kahm said yes it is . Mr. Woodward said okay ,
thank you .
Council Member Oakley said I have a comment. From the very beginning that was one of my primary
concerns ... the landfill ... knowing full well what was in there since I worked on City landfills . And, I think this is
very important for us to be doing this .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c)
(i) • A CONTRACT WITH MAJOR ENVIRONMENTAL SERVICES FOR ENVIRONMENTAL MONITORING
AND CONSUL TING SERVICES RELATED TO THE RECONSTRUCTION OF THE GOLF COURSE AND
REDEVELOPMENT OF ASSOCIATED PROPERTY IN THE AMOUNT OF $264,000.00.
Vote results:
Motion carried.
Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward ,
Tomasso, Oakley
Nays : None
Mayor Wolosyn said thank you Rick . Mr. Kahm said thank you so much .
12. General Discussion
(a) Mayor's Choice
(i) Mayor Wolosyn said we have several items that we have to complete on the Study
Session and I am going to continue that discussion after this meeting adjourns in the other room . I feel that the
nature of the discussion requires us to be in that room and it will be easier for me to monitor it. It will still be a
public meeting and it will still be recorded .
(Clerk's note : Circumstances required Council to reconvene the Study Session in Council Chambers at the end
of the regular meeting .]
(ii) Mayor Wolosyn said Cathy Mandel, who is the head of the Lights On After School!
program in the Englewood Schools , called Sue Bradshaw late on Thursday ... and asked if she could have a
proclamation honoring their Lights On After School! on October 1 i h Sue worked with me to tell her that we
cou ld exped ite it , but tha t I would ask Council 's perm ission to pass th is proclamat ion ton igh t. I am go ing to pass
it out and hope that you agree . It is a great prog ram ... Kid Q uest ... l think it has been going for abo ut fi ve years
and it started with a Federal grant, but it is maintaining itself without and it really does help out in this
community .
COUNCI L MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE A PROCLAMATION
DECLARING OCTOBER 12 , 2006 AS LIGHTS ON AFTER SCHOOL I DAY .
Motion carried .
Ayes : Council Mem bers Barrent ine, Mccaslin, Moore, Wolo syn, Woodwar d ,
Tomass o, Oak ley
Nays : None
Mayor Wolosyn said I will make sure that this gets to the District. Thank you guys for helping me expedite that.
(iii) Mayor Wolosyn said I noticed in the general part of our packet a letter from Doug Cohn
asking if he could have the original of the letter complimenting the Englewood Days along with the photos that
we re includ ed and I don 't see a problem with this . Can we do this for Doug? Mr . Tomasso said I think he
deserves that. All Council was in agreement.
Englewood City Council
October 2, 2006
Page 12
(iv) Mayor Wolosyn sa id Le igh Ann Hoffh ines and I and the members of the Cultural Arts
Commission would li ke to tell you that the annual judg ing will be on Wednesday , at the Cultural Arts
Commission meeting at 5:45 ... for the art calendar . The judging will be set up in the C ity Manager/City Council
conference room some time tomorrow , so we invite and urge anybody who wants to participate in this ... to stop
by if they can 't make it to the Cultural Arts meeting at 5 :45 on Wednesday .
(v) Mayor Wolosyn said I am go ing to address the issues in the Study Sessio n. Wayne I
th ink that when it comes to your Council Cho ice , would you like to address the woman in the aud ience abo ut th e
tragedy . Mr. Oakley said yes , I w ill do that. Ms . Wolosyn said thank you .
Mayor Wolosyn sa id I would like to follow up on the comments from Lorena Beauregard ... Mr . Campbe ll in
particular and all the concerns of the postal workers in our City . As you may know , we are revisiting our vicious
dog ordinance and, really, the inpu t couldn 't have come at a more opportune time, because it dovetailed very
well with our discussion tonight. In addition, I would like to have follow-up on Lorena 's issue ... that particula r
issue of being asked to not deliver mail to an entire street. I would just like a little more information on that from
staff and Mr. Campbell with the dog on the 3200 block of Corona. I just want you to know that we take your
concerns seriously and felt your input will definitely be part of our discussion , which will happen next Monday
night. .. not tonight as we need more information . One of our Council people gave us more information that we
couldn't read tonight, so I post;Joned the majority of that discussion to next Monday at 6 o'clock . Thank you .
(b) Council Members' Choice
(i) Counc il Member Barrent ine :
1. She said I would like to re iterate some of wha t she sa id . It is very timely that you guys came on th is
issue , but it isn 't just to address whether we have an ord inance that is tough enough or not , but certa inly
whether it is being enforced ... where we are with that. .. and you brought us some serious issues on the
enforcement piece . And so I appreciate that Olga has asked for some of that to be looked into and I am sure
that we will have some of that information available for our discussion on the dog issue , as we are look ing at the
ord inance and discussing the dog issue as well. It is eye open ing to hear that , that many compla ints can be
filed and maybe we have some issues . No matter how strong you make a law , if it is not enforced , it means
nothing, so we will be looking at that at the same time . I am sorry about your loss of your dog . I apprec iate yo ur
prov iding the other information . It is a little too much to look through right now and I do remember when th at
happened and I also remember the sentiments of that officer and how upset he was of what had happened as
well . But you have some addit ional information ... you provided some other things to look through and I
apprec iate that and I am sorry that you lost the an imal.
2. She sa id li ke I sa id earlie r, I wen t to the op e n ing of St arbucks . Al so , on my w ay to the open ing of
Starbucks, I a lso saw the work that the y are doing to open the Panda Express . I had the opportunity to go with
Darren and also see how some of our consulting fees are spent, through Community Development, in working
with Alignment Masters on a redevelopment project that he would like to do for that corner. He has quite a large
area over there on Chenango and Broadway. She said they invited me to go with them, when they talked to the
owner of George's Bar and Grill . He would like to turn it into more of a restaurant and it really gave me a lot of
insight into how user friendly Community Development has become . I heard a lot of great compliments from the
people at Starbucks, from John at Alignment Masters and from the owner of George 's . I have been hearing so
many positive things ab o ut working with Community Development. I know that there was some change-over in
personnel, but it certainly takes a great deal of leadership on Bob Simpson's part ... every department has its
share of problems, but it takes leadership to overcome those and move forward . Also, with some other plans
that are in the w orks, for a business office, there are some concerns about trying to move forward with that. And
it was that afternoon, wi thin a couple of hours, that Bob had already contacted that property owner and started
working on that, so that we could go ahead and move forward with that within the system . So, I wanted to say
that I may not have always been the biggest fan , but you won me over and I certainly am now and the citizens
and the business owners are profiting from that and so is the community . Thank you very much Bob ... I
appreciate it. .. and to your Department and to Darren Holl ingsworth as well. It was an eye opening experience
and it is nice . One of the people said , you know , well what do they do , you know , as far as the C ity j ust
prov iding money? ... and that is not what they are doing . They are help ing people put that crowbar in their wa llet
Englewood City Council
October 2 , 2006
Page 13
and spend their money in this commun ity . They are not gett ing people to invest in Englewood , because they
are able to offer them tax rebates or funds or they offer them expertise , information , some tax rel ief, but those
are through Federal programs w ith the Enterprise Zone and then some that are City, but it is a min imal piece of
that. What they are offering is information and their expertise and it is wonderful to see all of that going on . I
wanted to clear that up , because a few people have an assumpt ion that some of these people com ing in weren 't
gett ing any k ind of breaks from the City tax w ise or actually getting money from the City and in most of those
situations that is not the case . That takes a lot to be able to get somebody to open up their wallet and hand ove r
that money and invest in the community . I appreciate what you did .
{ii) Council Member Mccaslin said after some of the feedback that I heard ton ight and the
residents that I talked to about some of the Code Enforcement issues ... as far as dogs and weeds ... I do ,
personally , feel that we have some issues and whether we are too lenient or we are not enforcing them , it is
wrong . It is absolutely wrong . I th ink we need, as a Council , to give better direction to our employees to help
keep Englewood clean and a safer place . I truly , truly believe that. We are not going to get people to move
here if they feel it is unsafe or not clean and I am tired of hearing it. Hopefully, we can give some direction to
keep it a safe and clean place. Thank you .
{iii) Council Member Moore said I would like to also recognize the valuable input from the
mail carriers, I appreciate the timeliness of you guys coming out and I am perplexed by the number of incidents
and the solutions proposed ... particularly cutting off a neighborhood from their mail to fix one problem . So , I too
look forward to hearing about how that could be put forth as a fix, but I know we will have more fun next
Monday.
{iv) Counc il Member Oakley :
1. He sa id yes , I would lend my comments to that same subj ect. Being a dog person myself, I a m am az ed
at the amount of people that have dogs ... that they have them because t hey know that they are maybe on the
vic ious side and they like that they have that kind of control over people . And I can 't imagine why people let
their dogs run loose , know ing the harm that they do to other people . We just have to do someth ing about th is .
2 . He said getting back to Deborah Sullivan 's talk here before us tonight ... this is a little bit backwards from
what I intended ... ! intended to bring it up at Study Session ... but Debbie d id call me two times last Thursday and
then we talked aga in today and you can see how d istraught she was ton ight about her dog , as she was when
she spoke to me . Her biggest problem , at the time she talked to me , was that Council had not seen the packet
that she had presented and that was explained to me that , that went to the City Attorney 's Office . I would tell
he r that that is the way th ings happen , because we are part ti me people here and the C ity Atto rn ey is f ull
time ... so they handle these things for us . Bu t, we do know what is go ing on and , at an appropriate ti me , the
C ity Attorney bri ngs th is stuff before us and I am su re that w ill be the case here and th ere may be m o re
comment on that too .
{v) Council Member Tomasso said last week I attended an Arapahoe County meeting that
brought together a lot of stakeholders on the South Platte . Also . in attendance was the Mayor, Mayor Pro Tern .
Mr. Oakley and myself and the City Manager and we had a member of the Community Development and a
member of our Parks Department. We were asked if we were interested in participating in the program . I
th o ught by our att endance that we looked like we were, because some cities only had one representative and
we had most of the City Co uncil there . But it is an issue that I think should be presented to the full City Council
to see how much we want to participate . And then , if we do want to participate, who we should appoint as our
representative ... maybe Dave Lee , since they made Dave sit at the table while the rest of us sat in the audience .
He could be the one that would inform us , so he would be up to speed with everything that is going on . So, that
is an issue that is on the table and we need to look at.
Mayor Wolosyn said I agree that should be at a future Study Session and I saw Jim Taylor the other day and he
asked me about our participation . I told him we would get back to him . Mr . Tomasso said yes .
{vi) Council Member Woodward :
Englewood City Council
October 2, 2006
Page 14
1. He said well I had mentioned that at the same meeting that Ray had attended, the Mayor and I left early
to go to Keystone and meet up with Jerrell Black from the Parks and Recreation, and meet up with some other
Parks and Rec people up there from Englewood, to accept another Columbine award . This award is the highest
award that the State Parks and Recreation Department can give a city for a program, which was Pirate's Cove .
So, I would like to personally congratulate Jerrell Black , Gary Hultberg, and especially Brad Anderson for all of
the work in the success of Pirate's Cove in winning another award for such a fine program
Council Member Barrentine said congratulations . There was applause.
2 . He said I would also like to address the mail carriers and incidentally, I did not ask the mail carriers to
come here tonight. I had nothing to do with that. .. I didn't know that they were coming. But for sure, I am very
concerned about what you are talking about and I think this segues right into what I have been trying to discuss
about dangerous and vicious dogs in our community . Believe me, we are dealing with that right now
and I believe it comes up at our Study Session, as I understood it from you Olga, next week again . We will be
looking at it and the enforcement is a real concern . I would like the same answers and I would like the answers
also as a Code Enforcement Advisory Committee liaison ... why we aren't enforcing this and what is going on .
Thank you.
13. City Manager's Report
City Manager Sears did not have any matters to bring before Council.
14 . City Attorney's Report
(a) Assistant City Attorney Reid said I don't have anything unless Wayne would like to address the
Sullivan claim . Council Member Oakley said that would be up to you, if you think it is appropriate . Ms. Reid
said just for those who are not familiar it, Ms . Sullivan did deliver a packet to the City on June 20 1
h . July 3rd we
received a memo from the State Safety Services Department. They had conducted an internal review and, in
this particular case, the officer was cleared of any wrong doing. At that time, that same day, Ms . Sullivan's
attorney filed a claim ... under the Statutes they must file a claim within six months and this was six months . A
notice of claim against the City was filed ... a Civil claim ... and the City, per usual procedure, referred that to our
insurance carrier ... CIRSA. That claim was denied by CIRSA. At this point , that is the status of the claim .
Mayor Wolosyn said thank you .
15. Adjournment
LOSYN MOVED TO ADJOURN . The meeting adjourned at 8 :48 p .m .
1.
2.
3.
4.
5.
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CllY COUNCIL
Monday, October 2, 2006
7:30 p.m.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
Call to order. fl :tj.~
Invocation.~
Pledge of Allegiance.~
Roll Call. t11/ '7 ~
Consideration of Minutes of Pre v ious Session . ,ti 'J-iJ· Minutes from the Regular City Council meeting of September 18, 2ooiJ>,.141-1)
6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.)
a. Stu Fonda will recognize Water Production Supervisor Don Coatman for receiving the
2006 Ralph M. Leidholdt Water Treatment Plant Operator Award from the Rocky
Mountain Section of the American Water Works Association.
b. Englewood ci t izen Lorena Beauregard wi ll be present to discuss animal control
concerns .
c. Englewood Business Owner Doug Cohn will be present to recognize those who assisted
with Englewood Days on September 9, 2006.
7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes.
Time for unscheduled public comment ma] be limited to 45 minutes and if limited~all be
11 con tinued tQ ,eral DiscussJQ.n,L. _. -~~~ fl!/JJ?t..LO -~ l~li. A 'AJ/JA-IIA,tr-l)()t,/a{£
~
c_'lll!I!/£ IV~W:.. S /J.f¥!,fU -~~i·~rr~~ a4--,86U--114tl~ £4,(Jt}H ::,/aJ...I lrAJ -fifa;rlN(i ~ Jt;\tS /,,1(#§, ~VAS ~ I~
~ t-.fe ,(Ii:!/ -IK)l;/ 9:,,1(,£, l!nU A -/.i 11.L 8~munications, Proclamations, and Ap · t~ents. ~EQ'. l>tJ4
Englewood City Council Agenda
October 2, 2006
Page 2
b. Letter from Bf~ ~o~o!mln a~nouncing her resignation from the Transportation Adv isory
'-0 Committee. p"() ~~
"'*~~ '?SO Proclam;tion declaring October as National Meet the Blind Month~
9. Consent Agenda Items .
a.
b.
C.
Apprqof Ordinances on First Reading.
Approval of Ordinances on Second Reading.
Re~s and Motions.
~?[, i.
1fl/7-D
Recommendation from the Community Development Department to approve a
Resolution authorizing the City's application to Arapahoe County for Federal Fiscal
Year 2007 Community De velopment Block Grant (CDBG ) funds . STAFF SOURCE:
Janet Grimmett, Housing Finance Specialist.~
10. No Publi c Hearing Scheduled . y
1 1. Ordinanc es , Resolutions and Motions.
a. Approval of Ordinances on First Reading.
i. Council Bill No 38 -Recommendation from the Public Works Department to adopt
a Bill for an Ordinance approving an Intergov ernmental Agreement with the
C olorado Department of Transportation for design and construction of a bridge ove r
th e Platte Ri ver at the Golf Course . STAFF SOURCE: Rick Kahm, Director of
Public Works.~
ii. Council Bill No. 39 -Recommen dation from th e Publi c W o rks D epartment t o adopt
a Bill for an Ordinance approving an Intergovernmental Agreement with the ')-0 Colorado Department of Transportation for design and construction of a bridge over
the Platt~ §iv_e! aJ ~~rJ~o~th. STAFF SOURCE: Rick Kahm , Director of Publi c
Works.{/~
b . Approval of Ordinances on Second Reading.
fJ1.H ~ i. Council Bill No: 3 7," approving ;he vacation of a~ in the 1800-1900 blocks
between South Raritan and South Tejon Streets.CT~ •
~ PJ-1)
' ..
, -
Englewood City Council Agenda
October 2, 2006
Page 3
c. Resolutions and Motions.
i. Recommendation from the Public Works Department to approve a Motion
awarding a contract to Major Environmental Services for environmental monitoring
and consulting services related to the reconstruction of the Golf Course and
redevelopment of associated property i? }~~ am;~nt ?f J264,000. STAFF SOURCE:
Rick Kahm, Director of Public Works.~
12. General Discussion.
a. Mayor's Choice. lib-A_j'/-0 ~~ ~
b. Council Members' Choice. fr ~
&tY-~I? ,W6 ~ I .,
13. City Manager's Report. 1~ ~~.
14. City Attorney's Report.
15. Adjournment. 3':tjf ~
The following minutes were transmitted to City Council in September 2006.
• Code Enforcement Advisory Committee minutes of May 1 7, June 21, July 19, and August
16, 2006.
• Liquor Licensing Authority telephone poll of August 16, and minutes of September 6, 2006.
• Parks and Recreation Commission minutes of August 10, 2006.
• Planning and Zoning Commission minutes of June 20, August 22, and September 6, 2006.
• Englewood Public Library minutes of August 8, 2006.
• Transportation Advisory Committee minutes of July 13 , 2006.
Please note : If you h v a disability and need auxiliary aid or
(303-762-2407) t I ast 48 hours in dv nee of wh n
,
1.
2.
3.
4.
5.
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
Monday, October 2, 2006
7:30 p.m.
Englewood Civic Center -Council Chambers
1 000 Englewood Parkway
Englewood, CO 80110
Call to order. fl :tj~
Invocation.~
Pledge of Allegiance.~
Roll Call. d1/ '7 ~
Consideration of Minutes of Previous Session.
'pi 'J-e,· Minutes from the Regular City Council meeting of September 18, 2006iJ;,.W-tJ
6 . Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes .)
a. Stu Fonda will recognize Water Production Supervisor Don Coatman for receiving the
2006 Ralph M . Leidholdt Water Treatment Plant Operator Award from the Rocky
Mountain Section of the American Water Works Association.
b . Englewood citizen Lorena Beauregard will be present to discuss animal control
co ncerns.
c. Englewood Business Owner Doug Cohn will be present to recognize those who assisted
with Englewood Days on September 9, 2006 .
7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes.
Time for unscheduled public comment m~ be limited to 45 minutes and if limited~all be
~ l'ltL continued tQ,eral Discussl2!l,L. -· -~~~ t~t.J..O -~ 1»11£ A W/JA-IM,tr-~lal
c.,ri~£ M)~L,.J:. S/J.f,ll!fU .. ~i·<r,rA~ eJ.~611,1;-~/~
uat.-:4-H ~ A-AJ -fKtt:r/AJ~ 81:-Jt:QS ~ ~ V~ ~ I~
t... t.A-~-«>'il . . l"tnUA -/"/JS.. 8 ~mun1cat1ons , Pro~at1ons, and Ap t~ents. Ul,E.,Q". l>tx,
a. Letter from Betty Goosman announcing her resignation from the Election Committee~
-{)
Englewood City Council Agenda
October 2, 2006
Page 2
b. Letter from Bf.!::'._ ~OJ;m!n a~nouncing her resignation from the Transportation Advisory
'-0 Committee. v'() ~I/IJ,--
l,lf,fl'?f:tl~ '7S[} Proclam~tion declaring October as National Meet the Blind Month~
9. Consent Agenda Items .
a.
b.
C.
Apprqof Ordinances on First Reading .
Approval of Ordinances on Second Reading.
Re~s and Motions.
~'IJ;, i.
1'117-0
Recommendation from the Community Development Department to approve a
Resolution authorizing the City's application to Arapahoe County for Federal Fiscal
Year 2007 Community Development Block Grant (CDBG) funds . STAFF SOURCE:
Janet Grimmett, Housing Finance Specialist.~
10. No Public Hearing Scheduled . y
11 . Ordinances, Resolutions and Motions.
a. Approval of Ordinances on First Reading .
i. Council Bill No 38 -Recommendation from the Public Works Department to adopt
a Bill for an Ordinance approving an Intergovernmental Agreement with the
Colorado Department of Transportation for design and c onstruction of a bridge over
the Platte Ri ver at the Goi f Course . STAFF SOURCE : Rick Kahm, Director of
Public Works.~
ii. Counci l Bill No. 39 -Recommendation from the Public Works Departme nt to adopt
a Bi ll fo r an Ord ina nce approving an Intergovernmental Agreement with the ')-0 Colorado Department of Transportation for design and construction of a bridge over
the Platt~ ~tv_e_r aJ ~~rJ~o!lth. STAFF SOURCE: Ri ck Kahm, Direct or of Publi c
Works.~
b . Approval of Ordinances on Second Reading .
tJ-1# !J;' i. Council Bill No~ 3 7,' approving ;he vacation of areJ1.::. in the 18~0-1900 blocks
between Sou th Rari tan and South Tejon Streets .(/~
~PJ-0 .
'
Englewood City Council Agenda
October 2, 2006
Page 3
c. Resolutions and Motions.
i. Recommendation from the Public Works Department to approve a Motion
awarding a contract to Major Environmental Services for environmental monitoring
and consulting services related to the reconstruction of the Gol t Course and
redevelopment of associated property i7 }?: am;~nt ?f J 264,0l11.J. STAFF SOURCE:
Rick Kahm, Director of Public Works.~
12. General Discussion.
a . Mayor's Choice. Uffl'l-0 f}:::;::,:-,t-°
b. Council Members' Choice. r,t;~ -;-_ ,,.-;:-:~: JJ''u./7'_.....l~fAM"'llf~
&tf~!7:i.M6 U/ I"
13 . City Manager's Report. I~ /'n.,, ~ .
14. City Attorney's Report.
15. Adjournment. J':t/f ~
The fo llowing minutes were transm itted to City Council in September 2 006.
• Co d e En fo rce m ent Adviso ry Committee m inutes of May 17, June 2 1, Jul y 19 , and August
16, 2006.
• Liquor Licensi n g Auth o rity t eleph one p o ll of Au gust 16, and m inutes of Se ptember 6 , 2 006.
• Parks and Recreatio n Com m ission mi nu tes of A u gust 10, 2006.
• Planning and Zoning Commission minutes of June 20, August 22, and September 6, 2006.
• Englewood Public Library minutes of August 8, 2006.
• Transportation Advisory Committee minutes of July 13 , 2006 .
~----====~=~~------
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNSCHEDULED PUBLIC COMMENT
DATE: OCTOBER 2, 2006
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
NAME ADDRESS TOPIC
tS.S v~
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\. l
NAME ADDRESS TOPIC
1 . Call to Order
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
September 18 , 2006
The regular meeting of the Englewood City Counc il was called to order by Mayor Wolosyn at 7 :37 p .m .
2 . Invocation
The invocation was given by Council Member Barrentine .
3 . Pledge of Allegiance
The Pledge of Alleg iance was led by Mayor Wolosyn .
4 . Roll Call
Present:
Absent:
Council Members Tomasso , Moore , Barrentine , Oakley , Mccasl in,
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 Olson, Safety Services
Director Gryglewicz, Finance and Administrative Services
Director Eaton , Human Resources
Director Black , Parks and Recreation
Director Kahm , Publ ic Works
Dir ector Simpson , Commun ity Development
Engineer ing /Cap ital Proj ect s Adm ini st ra tor Hend erso n, Public Works
Community Developme nt Manager Stitt
Police Commander Sanchez, Safety Services
Fire Division Operations Chief Pattarozzi , Safety Services
Fire Battalion Chief Petau , Safety Services
5 . Consideration of Minutes of Previous Session
(a) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED , TO APPROVE TH E
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 5 , 2006.
Mayor Wo losyn asked if there was any discussion . There was none .
Vote res ults :
Motion carried .
Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward ,
Tomasso, Oakley
Nays : None
Englewood City Council
September 18, 2006
Page 2
6 . Recognition of Scheduled Public Comment
(a) Kevin Dixon, an Englewood resident, said the reason I am here is because about a year and
half ago City Council changed a zoning law to allow only duplexes on a 60 foot frontage, and about 90 % of the
parcels in Englewood are 50 foot frontage, so it eliminated a lot of the redevelopment that was starting to occur .
I am specifically talking about north Englewood ... between Broadway and Elati primarily, to Galapago and to
Santa Fe . The new law stopped some of the redevelopment right in its tracks . There are a few projects that
kept going, because it happened to be on 75 foot lots. But prior to that, there were starting to get some
momentum to redevelop this neighborhood, which, frankly, has gotten a little rundown . Most of the projects that
were done, were done by a man named Jim Wishmier and he has done a good job . They are good looking
projects . I can give you the addresses at a later time, if you want to take a drive by and make sure that the
quality is acceptable . I have been investing in the neighborhood myself. I have a couple of rental homes and
just as I was getting ready to submit some plans, the law was changed . So, it changes the economics when you
cannot build a duplex anymore and all you can build on your 50 foot lot is a single family home . You can't do it
anymore . Jim's duplexes ... some of the units have sold for $300,000.00 a piece . So, in the previous model, he
was getting a total of $600,000 .00 for the development. Now he is forced to build single family homes ... he
cannot get $600,000 .00 for a single family home in this neighborhood . The highest home in the entire
neighborhood is about $260,000.00 and his duplex units, getting $300,000 .00, were even higher than that but
they are not out of the range of the neighborhood . So , economically, it makes sense as a duplex ... single family
home ... the model doesn't work any more and you're stuck with these older homes that are really getting
obsolete. On some blocks , about 60% of the homes are starting to get really run down . They may not have a
basement or a low height basement. That means you can 't fix this house up . You 've got to tear it down and
build something with an acceptable basement, because people in this area love their basements . So , this law
really cut the legs right out from under Jim and some of us who were getting ready to redevelop . To pass a law
like this , it is almost like down-zoning . And down-zoning is a little bit like taking away some property rights.
because all of a sudden you don't have the ability to do with your property what you thought you could . It also
applies to all of the homeowners that are just still living in the neighborhood in their single family home. Jim
could afford to pay $215 ,000 .00 to anybody with , let's say , a 75 foot lot and about $180,000 .00 to somebody
with a 50 foot lot, if he could build a duplex on the 50 foot lot and a triplex on the 75 foot lot. But, under the new
rules , he has determined that it is about 30% less that he can afford to pay them now. So, it is actually taking
money out of the pockets of everybody in that neighborhood by doing this . Now, possible suggestions ... I
understand that you have dir ected the Development staff to have some flexibility in regard to redevelopment
along Broadway and we are saying if we have a good look ing proposal for a duplex on a 50 foot lot , I would ask
for some flexibil ity from the Planning and Development staff so that we can still build duplexes ... especially close
to the new Bates Avenue Station , on the west side of Broadway . It is going to be such a nice walkable
neighborhood . A little more density is welcome and there will just be a few more people in the neighborhood
making it livelier ... going to businesses on Broadway as well as the proposed businesses on Bates . Thanks a
lot.
7 . Recognition of Unscheduled Public Comment
(a) Douglas Garrett, an Englewood resident, said I am here mainly to introduce Mr. Loss . We have
talked over the last year and a half about the Golf Course Development that is go ing to take place across the
street. As we get closer to the time that hopefully that will happen, we thought it would be worthwhile for
Council to hear from the developer. Miller Weingarten Realty is going to be represented ton ight by John Loss ,
Executive Vice-President. John has been the principal , if not sometimes the only , negotiator from M iller
Weingarten over the last eighteen months . So, he is here to give us a brief update on wh at is going on . Thank
you .
(b) John Loss said I appreciate this opportunity. Like Doug said, I know with all the tim e and hard
wor that has gone on by the Council members, their staff , and consultants, that you are all very well informed
nd conv rsant about this proiect , but I thought it might be worthwhile to get the most current update and have it
b from th dev lopers perspective . We have been work in g on this project for about three years and I
r m rnb r thr y r go , right when we were elected to do the proj ect , the most common question was : with
Englewood City Council
September 18, 2006
Page 3
all the complexities that are involved in this , is this project really going to happen? Over the last two years , I
think the question has really been the same ... all the complexities, is it going to happen? Our answer has been
for the last two years, we are making good progress , there are still a lot of things that have to happen, but we
are very optimistic and we do think it will eventually occur . Now we are literally, I think , on the eve of something
really happening here and the answer that I give when the same question is put forth ... is it going to happen?
My answer is ... all the pieces are now put together , or close to being put together, and we intend to close and
move forward on the project in September or October . I've mentioned that there are a number of complexities
on this project that aren't typical in most development projects that we get involved in . I think you folks are
aware of most of them . Clearly , the diverse ownership of the property ... there are over 25 different owners in the
approximately 125 acres that this project will encompass . We are now in a position where we believe we have
the requisite control and ability to acquire those properties . The environmental situation here is, again, one
where I think most people are aware of. It is being built on two old landfills and there are significant
environmental concerns and hazards that go along with that condition . The process of dealing with that has
been a complicated one dealing with the State of Colorado , the County ... Englewood has been very involved, so
has Sheridan ... basically we are going to take care of this part of the project with a voluntary clean-up plan ... a
VCUP ... and that document is in place and we think we have the resources and ability to perfect that part of the
project. Make no mistake, having a situation where you are needing to come to another
municipality ... Englewood ... and ask them to consider a situation where the utilization of 50 acres of their
property, is another complication that you don't normally fit into. I feel Hke we are very , very close to being able
to say that, that part of the puzzle has been completed . We are down to just a few details that I think are very
manageable . We had hoped to start by the end of September . We are going to possibly make it , but there is
some chance that it will slip into October. We absolutely know that there is no exception to our commitment that
the Course has to be open by Memorial Day of 2008 . And working with the City staff. we are definitely going to
make that happen . Bond financing is another unique complexity to this project , because of the massive
amounts of premium costs involved in acquiring the property and clean ing it up . This project needs a very
significant public subsidy , which will be done in the form of the issuance of tax increment financing bonds . And
again, that is another complexity that we feel is now very much in place. Our company spent a significant
amount of money on this project. It is going to go forward . We very much appreciate the hard work and efforts
of the City . We worked very closely on this . We just can't help but think this is going to end up being a
win/win/win proposition for Englewood, Sheridan and for us as the developer . I would like to be able to, if you
so desire , to answer any other questions you might have .
Mayor Wolosyn said thank you John . Although we don't usually conduct a question and answer forum at this
point in the meeting , I thought that tonight, since John is here , we could take a few minutes if we have questions
that are relatively brief and if we have more complex questions, we can pose those through staff. But to be
respectful of his time , I would like to give him the opportunity to address any issues that we may have . And
also ... let us be mindful that we have quite a few c itizens here to talk tonight. So with that said, we will open the
floor to Council.
Council Member Barrentine said I didn't know that you were coming and I would have appreciated receiving
some information, so that we could have been prepared . That would have been more useful for me . I do
appreciate the update . Usually, we wouldn 't do this at a public meeting with a five minute limit.
Mr . Loss said if you think of something afterwards, I will be glad to talk to you . Ms . Barrentine said maybe we
could schedule it for a Study Session , if you would be willing to do that if we had other questions . Mr . Loss said
I would be glad to do it.
Mayor Wolosyn asked if there was anything else .
Council Member Woodward said Mr . Loss , could you address or tell us where you are with your leases
with .. .from what I understand ... Costco , J .C . Penney , Target, the theaters? Mr . Loss said yes, all four of those
are ones that are quite far advanced . They are conditions precedent to closing on the bonds and each one of
those ... in add ition to the specific lease form , or in the case of the purchase and sale agreement. .. because of
couple of these entities are purchasing property ... in all of those instances, they w ill be governed by what is
called an OEA .... an Operating and Easement Agreement , which is a govern ing document that ties the entire
Englewood City Council
September 18, 2006
Page 4
shopping center together , and that contract is being negotiated and agreed to among all the parties at the same
t ime as these lease or purchase contracts are moving forward .
Mr . Woodward said you feel that , that is going very positively forward . Mr . Loss said I do . Mr . Woodward said
great.
Mayor Wolosyn asked if there was anything else.
Mayor Wolosyn said I would like to thank you and I wou ld also like to add that I have been out of town for the
last four days . I got back in at 4 p.m . and I think you guys came up with this on Friday morning and I wasn't
around to address this as an Agenda item, so I appreciate your coming and apologize for any inconvenience of
Council. Thank you .
(c) Gary Tisch said my main business is commercial real-estate . I have properties in Denver and
Lakewood, but mainly on South Broadway . I also own the Liquor Barn on South Broadway . My concern here
tonight is what happened at the liquor hearing on September 61
h . I just want to get one thing out in the open .
Everybody understands why I don't want a liquor store two blocks down the street from mine . I'm not here to
talk about that. However, what happened at that hearing was not right either . There are a number of points that
I want to make. One was that apparently the decision to grant this liquor license was weighted primarily on the
petitions and, according to my attorney , a liquor license is supposed to be granted on needs and desires . The
petitions showed the need, they don't show a desire . Sixty people who were here that night expressed their
desire . Now you have a Chairman named Ron Lunders ... that time after time, when people came up and talked ,
they were shut down . They were shut down for things like ... when there was a woman , I don 't know her name ,
but she owns a house right behind this proposed liquor store, she says I don 't want a liquor store there , because
there are schools . And Lunders shut her down , because he says that according to Statute th is school is outsid e
this 500 foot statute area ... this liquor store can be there . Her desires have nothing to do with the Statutes . Her
desire is not to put a liquor store in there . And, many people were shut down based on this, which is not fair . All
these sixty people came in and they described whatever their own reasons were for not putting in this liquor
store . All of those have desires . There are also eleven liquor stores within th is immediate area ... five of them
were in close . I would also point out that these liquor stores ... they are a little bit more sensitive than some
businesses in the sense that you can group certa in bus iness together ... like restaurants . You can put twelve
different restaurants together and you create a need or people come to one area for restaurants ... it becomes an
area where they can go to . Liquor stores ... if you put twelve liquor stores together , they are going to die . You
can't put that many liquor stores together . So , you know , these people who own these liquor stores, they have
had them for decades . Some people have had them fo r a long time . They pay a lot of taxes . They have paid a
lot of taxes to the City fo r a long time . And , they are people just like you and me . They have mortgages to pay
an d children to feed . And when you start pack ing in all these liquor stores, they can't survive . Now my point
here this evening, is that I, time and time again, saw Ron Lunders, the Chairman, who has been there now for
15 years, shut people down when he had no business, in my opinion, shutting them down for their desires . At
the end, there were two people that said they wanted this liquor store and about sixty that said they didn't. .. and
they weren't even considered . So the way I understand this is this Liquor Board is appointed by the City Counc il
and their actions are reflections on you . Now if all these people are shut down, why would they want to come to
your meetings . I don't understand . What I also brought with me tonight was ... I had this pulled from the City
records, Ron Lunders voting record for the last 15 years on liquor stores ... on ten liquor stores he voted to put
nine of them in . I think he has his own agenda . I made some copies . I don't know if you want to take a look at
them . Mayor Wolosyn said just leave them with the Clerk and she will get them to us . Mr . Tisch said I'm
requesting that you have somebody, as a Chairman , that is not so one-sided . I think Ron Lunders has his own
agenda . There were a lot of people here that night and they were not listened to and this is not the first time .
That record that I just turned in over there, you should take a close look at it. At least put someone in here that
listens to the people . He has been there for 15 years ... maybe it is long enough . Thanks .
(d) Jon Liberman , an Englewood resident , said I wrote the letter that should be cc 'd to you all
regarding the liquor hearing last week . Mayor Wolosyn said we received it. Mr . Liberman said I just request
that the Council please consider my points , particularly the Board 's total disregard for the testimony of the
people who were here . As Gary sa id, there were 50 or 60 people against it and maybe 2 people for it. Also , I
Englewood City Council
September 18, 2006
Page 5
don 't believe that we really need two liquor stores that close to one another offering exactly the same product. It
gives a seedy image of Englewood and it limits our commercial diversity . That is all I have to say. Thank you
for hearing me .
Mayor Wolosyn said thank you for coming .
(e) Ira Wier, an Englewood resident , said I have been a resident of this town for 48 years . I've
talked to a lot of people and we had a lot of people come and there isn't any way people know that there is even
going to be a hearing . They posted a little bitty note in front of that store, where they want that liquor store , and
the only reason we ever found out is the Liquor Barn had a survey . They come around ... it was a lady, she did a
good job . She didn't say for ... she said, we are taking a survey and we want to know if you are for or against it
and you signed your name and you put down whether you are for or against it. And when we had the hearing ,
she had more people against it than for it. Then the guy that was proposing to have the liquor store there , they
had a person go around doing a survey and they had more people for it than against it. I had one of my
neighbors tell me he came to his door and asked him if he was for or against it. He said against it so he didn 't
even write down his name. I met these people in the street , across the street from my house , and they asked
me if I was for or against it and I said no, I am against it. I don't like liquor stores and I am against it and I don't
think there should be two liquor stores that close, and for lots of reasons . First of all, there is a school that is too
close for the liquor store to be there . And second of all , there is a traffic problem there ... there is 7-Eleven, there
will be people driving through 7-Eleven, and everything else, going to that liquor store . It is just a traffic problem .
There are sixty people here to the liquor meeting ... they all said that they were against having a liquor store
there . So , the people on the Board listening to the licensing, they listened to us and everything else. but I am
pretty sure ... I feel that they had their mind made up before we even got here . They let us come in and talk , then
they came out and they said we are going back and talk it over ... they came back and talked it over and three of
them voted for it and the one that was the last one to vote for was the one that was over , handling it. I don 't
know his name ... he was the one that has been there the longest. And one person on there that voted to go
ahead and have it was a brand new person and I feel that he influenced them . I asked them how they knew that
the school was further than 500 feet away and they said well , somebody measured it. And I said I wanted to
ask them who, but I didn't get to ask them who measured it or how they measured it. I went to a guy that works
for a survey company and he did it by satellite . And after they told us that they approved it, he come out and
told me ... he said it is 581 feet from the school. Okay, I wanted to find out how they come up with that 581 fee t.
And another point I want to br ing up , when you measure something, you measure it from one point to the other
point. If you measure a board , you measure from one end to the other end ... if you measure a room , from one
end to the other end . And if you had a restraining order against somebody for 500 feet , if they come within 500
feet of you , they are breaking the law . And this school is like a reverse restraining order. The liquor store can't
be within 500 feet of the school and I have papers showing a satellite that it is 453 feet from the corner of the
liquor store to the corner of the schoo l. And the way they did it , they went down Broadway, across Tufts and up
to that corner. Yo u d on't me asure thin gs from going way out of the way to get there ... it is a li ne of s igh t. .. 500
feet. A nd it is less than 500 feet and I have sa te llite p ictures to sh ow you . Mayor Wolosyn said if you give those
to the Clerk she can make copies of them for us . Mr . Wier said I have copies . He said I feel that the Liquor
Board didn 't even consider what we were saying . They don 't pay any attention to the people . They ... the
government , is supposed to be for the people , by the people ... they are supposed to listen to us, but right now I
feel that it is for the rich , by the rich .
Mayor W olosyn said thank you very much . Thanks for bri nging the ma terials .
(f) Ellen Roebuck -Cole , an Englewood resident , said I am unprepared . I did not realize that it was
going to be a presentation situation . I am opposed to the additional liquor license and it is primarily for all the
reasons you are going to hear from everybody else tonight , so I am not going to duplicate that. W hat I do want
you to know , is that I am a sales rep and I am out of town 60% of the time and I have taken two nights in the last
30 days to be here to vo ice my opinion on this particular issue . That is how important it is to me . That's it.
Mayor Wolosyn said thank you very much .
Englewood City Council
September 18, 2006
Page 6
(g) Brad Cole , an Englewood resident , said I didn't know I had to present ton ight either. I am to
support the view against getting another liquor license issued . I was at that meeting and quite frankly it was
unbelievable . There were so many people in support of not granting another liquor license and only a couple of
people for the liquor license . We were just blown off. When I got home, I was beside myself. My interests
weren't represented . I wasn't listened to . I was ready to sell my house in Englewood and leave but , you know ,
I'm not going to do that. .. I can't. The guy didn 't listen and he shut us down . Sorry, I'm a little keyed up. Than k
you .
Mayor Wolosyn said thank you .
(h) Paul Hendricks , an Englewood resident, said I've had a few days to think about this . I didn't
attend that meeting ... that doesn't surprise me ... that kind of stuff goes on in Washington all the time where the
minority gets squashed . Well , this is squashing the majority , wow . I analyze it this way ... I will use a metaphor
that everybody here knows well. The film ... lt's a Wonderful Life ... you got the character that Lionel Barrymore
plays wanting to develop a city a certain way according to his venal interests . That means it was for money ... he
was in it for the money . And you only have to say, Jimmy Stewart , and you know what direction he wanted to
take the town and you've got a choice, and you can affect the way things go . We can fill Broadway from Denver
to Littleton with liquor stores for purely venal reasons that have nothing to do with the quality of life of the
citizens , that has nothing to do with the will of the people . I think you ought to overturn that Liquor Board license
if you have the power to do it. Oh, and that is all I have to say and if you want anymore out of me you will have
to torture me . There was laughter.
Mayor Wolosyn said thank you Paul.
(i) Linda Hendricks , an Englewood resident , said I don 't have very much to say , because pretty
much all of it has been said . I just would like to go on the record as being against the granting of the liquor
license . We don 't need another one that close to the Liquor Barn , the seediness ... like was mentioned ... along
Broadway and it being too close to the school. .. quality of life ... all of those are the ingredients as to why I am
against it.
U) Annette Story, an Englewood resident , said I have lived in Englewood all my life . I am also
opposed to this new liquor store . We've got problems with those two hotels that are on Broadway there . There
is crack being smoked in the alley back there and I just think this would attract more of the same sort of seedy
people . I also heard about the meeting where everyone was dism issed and nobody seemed to care about ou r
opi ni ons . And one of the things that was asked was ... do you shop the liquor store? And when a person sa id
yes they did , well tha t was the end of it ... they had no opinion before the Board . So , I just wanted to also say
that I am opposed to the liquor store and hope that you will overturn the decis ion . Thanks .
(k) Norma W ier , an Eng le woo d resi dent , said I'm a lifetime resi dent of Englewood . I am also
opposed to the liquor store going in there and I was at the meeting . But, what I wanted to suggest was it is kind
of ironic that we have to put up a huge sign on someone 's property to have ... maybe a garage made larger or a
fence put up , but we have a little tiny sign in the window which nobody could even see from the street. We have
our Englewood Citizen ne wsletter that goes out and I noticed that you did put the budget meeting in there . I
would like to sugges t tha t all sche d uled meetings are put in this Engle wo od Ci tizen . We used to have the
Englewood Herald ... you kno w all of our meetings and things were in there . It was our Englewo o d paper , and
since we don't have tha t , I would like to see the Citizen used so that the people are informed on what is going
on . Thank you .
Mayor Wolosyn said thank you ... the Herald still exists, the Herald is still a publication in Englewood . Ms . Wier
said it is? Ms . Wolosyn said yes .
(I) James Beadling , an Englewood resident, said the reason I am here ton ight is just. .. I th ink you
need to listen to the people of the City . We don't need another liquor store, espec ia lly around kids . Kids don't
know 500 feet. All they know is they walk home and they are going to pass another liquor store . I don 't think we
need 1t. I really don 't. I think the biggest thing is that you need to listen to the people of the City . Thank you .
Englewood City Council
September 18, 2006
Page 7
Mayor Wolosyn said thank you .
(m) Dan Duncan, an Englewood residen t, said I have lived here about six months and I am very
impressed, it is a beaut iful town . I think that the people are very friendly. But , I couldn 't help notice in getting to
know the area, that the hotels and some of the other areas along that same stretch , seem to be in fil trated with
less than probably ideal people wandering around . And I just th ink that if that liquor store were to be put in , it is
going to be another situation for those people to wander into and create additional clutter and possibly have
additional crime in that area . So , I just wanted to say that I am opposed to the liquor store . Thank you.
Mayor Wolosyn said thank you .
(n) Jennifer McKee, an Englewood resident , said I am also very opposed to this liquor license tha t
was approved . And I did not know about the September 61
h meeting otherwise I would have been here for that.
I did happen to see the sign in the former Blockbuster building . I had no clue what that was for . I thought it
would be for a permit to do some construction or building ... not to request a liquor license . I am also very
concerned about this section of Broadway and what 's becoming of it. You know there has been such an
emphasis to improve Broadway, north of Hampden and the results have been wonderful. I have the feeling and
I sense that other people in this group do too , that the south corridor is just going in the opposite direction . I
would imagine that we would like to make Englewood a place where people say ... we 've got great schools ,
we've got a great City Council , and we've got people who are involved . I've talked to so many people , as my
son has entered kindergarten at Cherrelyn , who have told me ... l grew up in Englewood and I want my kids to
live in Englewood , but if these kinds of businesses infiltrate that southern corridor, you are going to have the
opposi te effect. And there w ill be an exodus and people are going to say , I don 't want to live in Englewood . It
is muck on th e bottom of my shoes as I pass through to Littleton or Centennial or some place else . I see
Englewood as th is wonderful neighborhood ... w ith an old town feel to it ... surrounded by a natural area . I have
been getting that sense of small town feel , but we don 't need th is . And I think you do need to l isten to the
people . I th ink you 've got to say ... we can 't just approve whatever businesses, because as other people have
said, that there is money exchanging hands . There has got to be an attraction of other kinds of businesses to
this area other than rundown motels, head shops ... you know a great fishing tackle place that now has a head
shop . That is what I want my son to go to when he is in junior high , right? I don't. I would like the Council to
really regard what everybody has said thus far and last week and do something to say that we are listening to
you as neighbors . We do have desires and needs and we are paying our taxes and we want to make sure tha t
the bus inesses that come into Englewood are going to contribute to the commun ity . That are going to contribute
to the people who l iv e he re . I've lived in my home ... l never thought I would live the re fo r th is long ... l'm com ing
up on 15 years, and I am the second owner of my home . That says someth ing about Englewood . There is a
person who live s j ust behind me , one house over , he is the lifelong owne r of that home . The pe rson who li ves
around the corner grew up in Engl ewood and th is is maybe h is third hom e in En g lewood . That is wh at
Englewood has been . That is what we would like Englewood to stay , but you've got to think about the
businesses that are coming in that are going to keep people who want to live here, because it is a
neighborhood ... rich, quality city. Thank you.
Mayor Wolosyn said thank you .
(o) Jonathan Fore, an Englewood resident , said I am the Principal of Clayton Elementary in
Englewood and this is my personal assistant , Olivia Fore age 10 . I would just like to start off by complimenting
this organization and the City. We were walking around downtown and Olivia, out of no where, said gee ,
Englewood really values the arts . We were admiring all the sculptures down ciround the Civic Center and the
fountain and how beautiful it was . And I said , you know, you are right Olivia , we have this Englewood Arts
Council and I know the City Council, the Mayor and everyone is really behind the arts . She noticed that without
me saying anything about that. And I think if we were to put in a liquor store down by 7-Eleven , our kids are
going to notice that too and it is not going to be for good reasons . I don't see how that liquor store could be 500
feet from Cherrelyn . If you take that man's example of how the crow flies , I think that needs to be re-examined ,
because I can't see that being 500 feet from a techn ical point of view . From another point of view, what I am
worrie d about is our youth in Englewood . I think there is an image problem on South Broadway ... head shops ,
Englewood City Council
September 18, 2006
Page 8
liquor stores, tattoo parlors ... not that any of that is not , I guess, illegal, but I don't think it is a very good image .
Our kids do have to walk around that area . We have Middle School and High School kids on the bus stop right
there ... all day long and all night long . I really wish we wouldn 't put a liquor store there that close to another
liquor store but also ... really you are in the middle of three schools ... you have Cherrelyn at Lincoln , you have
Clayton at Fox and you have Sinclair at Chenango. It is just too close . And I would be worried about the
example that we are setting for our kids ... especially our High School kids . We have had way too many alcohol
related deaths in Englewood ... in our High School. The last thing I think this City needs is another outlet for
liquors . Thank you .
Mayor Wolosyn said thank you Jonathan.
Mayor Wolosyn asked if there was anyone else who would like to speak . There was none .
Mayor Wolosyn said thank you all for coming .
Council Member Barrentine said I would ask that you please remind the people that we have Council Comment
after.
Mayor Wolosyn said right , we don 't address these issues now, but at the end of the meeting , people on City
Council have their own issues and often return to what happened in Public Comment.
Council Member Barrentine said thank you .
8 . Communications, Proclamations and Appointments
(a) Proclamation in honor of Bishop Elementary School 's 50 1
h anniversary.
Mayor Wolosyn said I am going to read that proclamation and I know that we have the Principal of Bishop here ,
Linda Mccaslin, as well as the Principal of Clayton . Mayor Wolosyn read the proclamation in full.
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (a) ·
A PROCLAMATION IN HONOR OF BISHOP ELEMENTARY SCHOOL'S 50TH ANNIVERSARY .
Mayor Wolosyn asked if there was any discussion .
Council Member Mccaslin said yes , I brought it up at the last City Council meeting and extended the inv itat ion .
I personally want to thank Wayne Oakley , Ray Tomasso and Jim Woodward for showing up and showing that
we are trying to work together ... the City and schools to try to bu ild a relationship . I feel gu il ty because I couldn't
make it as I had other commitments, but I sent some of my staff to Bishop . There was laughter. I would like to
thank you . Thank you very much from the bottom of my heart. Thank you very much for showing up .
Mayor Wolosyn said thank you and asked if there were any other comments . She said I couldn't be there either ,
but Happy Birthday Bishop .
Vote results :
Mot ion carried .
Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward ,
Tomasso, Oakley
Nays : None
Mayor Wolosyn presented the proclamation to Linda Mccaslin , the Principal of Bishop Elementary School.
Council Member Woodward said I think it is worth noting that on Saturday there were a number of members of
the Bishop family in attendance ... at the celebration . One had traveled ... ! believe it was all the way from North
Carolina ... so that was pretty neat.
Englewood City Council
September 18, 2006
Page 9
(b) Proclamat ion des ignating September as National Preparedness Month .
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION
DESIGNATING SEPTEMBER AS NATIONAL PREPAREDNESS MONTH.
Mayor Wolosyn asked if there was any discussion . There was none .
Council Member Woodward said this is something that I know Chris has been very involved with ... Ready
Colorado ... and I think th is is something that we all need to be conscious of these days ... our security for
ourselves and for our citizens , for our City and for our Country . Thank you .
Vote results:
Motion carried.
Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward ,
Tomasso , Oakley
Nays : None
Mayor Wolosyn presented the proclamation to Director Olson .
Director Olson said Mr. Woodward, thank you very much . You covered what I was going to say ... Englewood
has been a very active part of, essentially, individual preparedness , which has been a very key component of
the National priorities that have been developed since the 9/11 activities . With Homeland Security in place now ,
we are a very important component of that and I appreciate it and that is what National Preparedness Month is
all about. .. so that we , as indiv idual c itizens , understand tha t it is time to take things in ou r own hands and be
prepared for the worst case scenario. So thank you very much . We appreciate that.
Mayor Wolosyn said thank you Chris .
9. Consent Agenda
(a) Approval of Ordinances on First Reading
There were no addit ional items submitted for approval on first read ing . (See Agenda Item 11 (a).)
(b ) Approval of Ord inances on Second Reading
There were no a dd iti o nal item s su bmi tted for ap pro val on second reading . (Se e Agenda Item 11 (b).)
COU N C IL M EM BE R W OOD WAR D MOVE D , AN D IT WAS SECO NDED, TO APP ROVE CONSENT AGENDA
ITE M 9 (c) (i).
(c) Resolutions and Motions
(i) RESOLUT IO N N O . 76, SERIES OF 2006
A RESOLUTION CREATING A RETIREE HEALTH PLAN FOR CITY EMPLOYEES TO BE ADMINISTERED BY
THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION (ICMA-RC).
Vote results:
Mot ion carr ied .
Ayes : Council Members Barrentine , Mccaslin , Moore, Wolosyn , Woodward ,
Tomasso, Oakley
Nays : None
Englewood City Council
September 18, 2006
Page 10
10 . Public Hearing Items
(a) Mayor Wolosyn said this is a Public Hearing to gather input on the City's proposed Budget for
2007 .
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO
GATHER INPUT ON THE CITY'S PROPOSED BUDGET FOR 2007.
Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn, Woodward ,
Tomasso, Oakley
Nays : None
Motion carried and the public hearing opened .
Director Gryglewicz, being duly sworn, said I have provided the City Clerk with Proof of Publication of this Public
Hearing that was in the Englewood Herald, September 1, 8 and 15, 2006 . The City Council received its 2007
Proposed Budget on September 11 1
h . The Charter requires the Council to receive the budget by September 151
h
and to hold a Public Hearing within three weeks of submission of the budget. Council will also hold a Budget
Workshop on September 23'd in the Community Room at 8 :30 a.m . That is this Saturday and that is open to the
public . As Council knows , the budget process begins early in the year . We usually have a Council/staff mini-
retre llt or workshop and we discuss the goals and priorities for 2007 . We did have that this year and the rest of
the year was spent mainly with staff estimating revenues and putting the ir proposed budgets together . In your
packet, you received a budget in-brief, as it is called . It is just a small little three-fold document. .. mainly
highlighting the General Fund , because the General Fund provides the revenues and accounts for expenditures
that include the Fire , Police, Public Works , Recreation , etc . Those are the main public services that the City of
Englewood provides . For 2007 , total revenues are estimated, right at this point, at 37 .5 million dollars . The
main revenue source that the City relies on ... to provide public services ... are the sales taxes . This year they are
looking like they are going to go up a little bit more than normal , because the Englewood Urban Renewal
Authority tax increment bond is ending next August. That is going to add about a half a million dollars to the
budget. On the expenditure side, at this point in time, expenditures are budgeted at 39 .5 million dollars . Most of
that increase is due to increases in wages , benefits and energy prices . Also , I mentioned earlier in the Study
Session , that the Debt Service, which we did refinance ... they are called Certificates of Participation ... on the
building and improvements on this site ... next year will increase, because we took the savings in 2006 . Fund
Balance , for the General Fund for 2006 , is estimated right around 18 % of revenues and next year about 12 %.
And as I said , the budget will be discussed more in full this Saturday at the Budget Workshop . I am ava il able
now for questions .
Mayor Wolosyn said this is primarily a time for Counc il to receive input from the community. We will discuss it
on Saturday. She asked if Council had any questions . There were none .
Mayor Wolosyn asked if there was anyone else who wanted to speak during the Public Hearing . There was no
one .
COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED , TO CLOSE THE PUBLIC HEARING TO
GATHER INPUT ON THE CITY'S PROPOSED BUDGET FOR 2007 .
Ayes : Council Members Barrentine, Mccaslin , Moore, Wolosyn , Woodward ,
Tomasso , Oakley
Nays : None
Motion carried and the public hearing closed .
Mayor Wolosyn said thank you Frank and we will see you on Saturday.
11 . Ordinances, Resolution and Motion s
(a) Approva l of Ordinances on First Read ing
Englewood City Council
September 18, 2006
Page 11
(i) Manager Stitt presented a recommendation from the Community Development
Department to adopt a Bill for an Ordinance approving the vacation of an alley in the 1800 -1900 blocks be tween
South Raritan and South Tejon Streets. He said the item before you is a request to approve an ordinance that
would vacate a portion of right-of-way that is located in northwest Englewood and is bounded by West Baltic
Place on the north , West Iliff Avenue on the south , South Raritan Street on the east and South Tejon Street on
the west. This was presented to the Planning Commission upon an application for vacation from the residents
in that area . The petition that was received by the Planning Commission reflected 100% of the property owners
in that area requesting the vacat ion . After a Public Hearing , during which information was rece ived from staff,
as well as from the residents in that area , the Planning Comm ission determined that it was in the public's
interest to vacate this right-of-way . There are no City of Englewood public utilities in the right-of-way. However ,
there are Excel Energy , Comcast cable and Qwest Communications lines in that alley and the recommendat ion
from the Planning Commiss ion was to vacate the alley and retain a 16 foot easement to maintain those other
public ut ilities .
Mayor Wolosyn asked if there was any discussion .
Council Member Woodward said the photos ... specifically the ones that are showing it where it is really pretty
and grassy there ... and then there is the other one where there is this horrible looking alley ... is the green the
before? Mr . Stitt said I don't know exactly when these photos were taken . Obviously, the one in the upper right
hand corner was taken in the Fall or Winter and the one in the lower right was taken probably th is summer . The
alley was ... as was stated in the staff Report , used for a number of years and then closed and reopened
because a resident in that area had submitted an applicat ion for a garage permit , which was approved and since
the alley had not been vacated, access was again reopened . Apparently, that resident has now moved and the
new owners in that area have determined that the alley would be better closed than left open .
Mr. Woodward sa id so the one with the grass and flowers certa inly looks a whole lot nicer. And then , the only
other thing, obviously I support th is ... is tha t there is , I assume , an additional cost of adding curb and gutter. It
says the grading maintenance cos t. .. there is a savings we would have, but we would have a cost of adding curb
and gutter according to the information provided . Is that correct? Mr . Stitt said yes , along the right-of-way on
the east and west. Mr . Woodward said okay .
Mayor Wolosyn asked if there was any more discussion . There was none .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a)
(i) -COUNCIL BILL NO. 37.
CO U NC IL BI LL NO . 37, INTRODUC ED BY COUNCI L MEMBER WOODWARD
A BILL FOR AN ORDINANCE VACATING THE ALLEY RIGHT-OF-WAY LOCATED IN THE 1800 TO 1900
BLOCK, BETWEEN SOUTH RARITAN AND SOUTH TEJON STREETS , IN THE CITY OF ENGLEWOOD ,
COLORADO .
Mayor Wolosyn asked if there was any discussion . There was none .
Vote res ult s:
Ayes :
Nays :
Motion carr ied .
Council Members Barrentine, Mccaslin , Moore, Wolosyn, Woodward,
Tomasso , Oakley
None
Mayor Wolosyn said thanks Harold .
(b) Approval of Ordinances on Second Read in g
Englewood City Council
September 18, 2006
Page 12
(i) Council Bill No . 35, an Emergency Ordinance approving regulat ions prohibiting sexual
predators and certain sex offenders from establishing residency near areas where children congregate was
considered.
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (b)
(i) • ORDINANCE NO. 34, SERIES OF 2006 .
ORDINANCE NO . 34, SERIES OF 2006 (COUNCIL BILL NO . 35 , INTRODUCED BY COUNCIL MEMBER
WOODWARD)
AN ORDINANCE AMENDING TITLE 7, OF THE ENGLEWOOD MUNICIPAL CODE 2000, BY THE ADDITION
OF A NEW CHAPTER 3, PROHIBITING SEXUAL PREDATORS AND CERTAIN SEX OFFENDERS FROM
ESTABLISHING RESIDENCY NEAR AREAS WHERE CHILDREN CONGREGATE AND DECLARING AN
EMERGENCY.
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
(c) Resolutions and Motions
(i) Manager Stitt presented a recommendation from the Department of Community
Development to adopt a resolution authorizing the extension of the agreement with Laidlaw Transit Services ,
Inc ., for operat ion of the "art" shuttle for 2007 . He said as you are aware , the shuttle is operating under a grant
received from the Federal government under which DRCOG pays 80%, RTD pays 10% and the City of
Englewood pays 10%. We initiate the contract with Laidlaw to provide services and the original contract was
negotiated for each of the three years and the years run from October through September and this will be for the
final year from, actually, October 151
, 2006 through the end of September 2007 . The amount is $218 ,000 .00 and
it represents an amount that was originally estimated in the original contract , so there is no increase , wh ich is
d ifferent than last years contract where fuel costs and additional personnel costs were factored in for a slight
in crease . This will cover our percentage of the operat ion and also provide for operation through the end of
Septembe r next yea r.
Mayo r Wolosyn asked if there were any questions .
Council Member Woodward said this has been really valuable . Something that has been really valuable in the
community and I hear a lot about it from people on both sides of Broadway ... the art shuttle and how nice it is to
have it available to them . And also, the minimal increase in cost from last year to this year ... I think they figured
it was not even one and a half percent. .. that's great.
COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c)
(i) • RESOLUTION NO . 77, SERIES OF 2006 .
RESOLUTION NO . 77 , SERIES OF 2006
A RESOLUTION AUTHORIZING THE EXTENSION OF TRANSIT SHUTILE SERVICES OPERATIONS
CONTRACT BETWEEN LAIDLAW TRANSIT SERVICES , INC . AND THE CITY OF ENGLEWOOD FOR THE
OPERATION OF THE ENGLEWOOD CIRCULATOR SHUTILE FOR 2007 .
Vote results :
Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward ,
Englewood City Council
September 18, 2006
Page 13
Tomasso , Oakley
Nays : None
Motion carried .
Mayor Wolosyn said thank you Harold . It is a valuable service and I hope we can continue it beyond this next
year .
12 . General Discussion
(a) Mayor's Choice
(i) Mayor Wolosyn said I would like to ask Council to approve my attending the Urban
Land Institute Conference here in Denver. I think it is 500 and some dollars for a local official. I serve on
DRCOG , which is involved in a lot of these issues . It is here and it is something that I've always wanted to do
and we don't have any travel expenses, so it seems like a great opportunity .
Council Member Tomasso said I would also like to attend that conference .
Mayor Wolosyn said it is $495 .00 .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE MAYOR
WOLOSYN'S ATTENDANCE AT THE URBAN LAND INSTITUTE CONFERENCE.
Mot ion carr ied .
Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward ,
Tomasso , Oakley
Nays : None
COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL MEMBER
TOMASSO'S ATTENDANCE AT THE URBAN LAND INSTITUTE CONFERENCE.
Ayes :
Nays :
Abstain :
Mot ion carried .
Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Oa kley
None
Counc il Member Tomasso
May o r Wolosyn sa id I apolog iz e fo r not ab s ta ining .
(ii) Mayo r Wolo syn sai d under the liquor lice nse issue, w e , at the las t City C ou nci l meeting
elected to address this ... just the actual laws in existence ... at a future Council meeting an d I believe we have it
down for November 201
h . And we have that because of a heavy schedule and various Counc il people have
asked fo r information about distance . So , we will be address ing that in the future .
(iii) Mayor Wolosyn sa id the othe r issue I would like to address is the 60 foot frontage .
bel ieve it stated 30 feet per uni t. I would like to say that the Commun ity Development Department did ask us to
change that for the entire City and having been part of that discuss ion when we moved that law ... it was part of
Counc il 's goals of try ing to establish more single family housing stock for sale in our community . That said , I
think Community Development agreed that perhaps the way they stated it to us was too broad , they were going
to try to shape the issue differently and br ing it back to us in the future . And right now. we are on the br ink of
hav ing d iscussions about the neighborhoods around South Broadway and also around Swed ish . And I th ink
th at th is issue also perta ins to issues that will come up there . We will be address ing this in the future . but it w ill
be a ft er thi s process and we have mo re inform ation . Some of po ints yo u made were well tak en a nd they will be
a part of th at discuss ion . I app reci at e that.
(b) Co uncil Members' Ch o ice
(i) Council Member Barrentine :
Englewood City Council
September 18, 2006
Page 14
1. She said I wanted to acknowledge the Englewood Days . It was a successful even t. A lot of peop le
worked very hard on that. Chris Duis is here ... he was in cha rge of the Car Show, Bob Fa rris did the vendo rs ,
Doug Cohn worked tirelessly on organizing that event and I was just impressed with the way the community
pulled together . It was a fun even t. It was well attended . The merchants en j oyed it , I enjoyed it , Pos itively
Englewood was able to , as a fund rais ing base fo r tha t, ma ke some money for t he scholarsh ip progr am fo r the
Parks and Recreation Department and it was just a very impressive event. I wanted to thank the Pub lic Wo rk s
Department, Community Development , Chris Olson and his Pol ice Officers and wh ile they assured me they had
a wonderful time and it wasn't really a bad duty for a Saturday, we appreciated that support in having them
there . The C ity came forward to partne r with th is , but it truly was an event put on by the citizens and I
appreciate the work and effort that so many people d id for that.
2 . She said I had the pleasure of go ing to the Liquor Board meeting and I had stated previously tha t I did
not re -up to sit on the Liquor Board . I sat on the Liquor Board for 8 years and believed that I was an objective
representative of the community, willing to listen to the evidence and not make any predeterminations on the
license coming forward . When I found out that this license was coming forward, I already knew how I felt. I was
in the boundaries of this liquor license and I am also the District Ill representative elected official for that area
and I knew how I felt. I didn't think it was appropriate for me to stay on the Liquor Board , because I wanted to
represent my constituency and oppose something that I thought would have a terrible effect on the community .
I went around ... l had the opportunity at Englewood Days ... to go and talk to a lot of people on South Broadway ,
a lot of residents and a lot of businesses . And , they were not for this . When I testified last Wednesday ... I was
test ify ing on behalf of that constituency and not just myself ... also , myself , but also the const ituency that had
made it very clear to me that this is not what they wan ted in their community . Another liquor store two block s
from the Liquor Barn . They did n't need it , they d idn 't want it. They ex pressed that. Over sixty people we re
there and it was inappropriate the way that they we re treated . I wo u ld l ike to say that the y exaggerated, b ut they
did not. They were dismissed . They were not treated w ith courtesy People were cut off . Mis infor mat ion wa s
given several times that the school issue was a moot point, that that d idn 't matter. It confused people who we re
trying to testify and several of them were cut off. When someone is testifying as to the ir needs and des ires an d
they bel ieve that , that ought to be heard and they say that they th ink the liquor store is too close to a
school. .. actually three schools ... that is valid on its own , for their needs and desires . It was inapprop ri ate fo r it to
cons istently come up that it was a non -issue ... nor fo r the attorney to have been interrupted , when those issu es
came up as well. She said I have a concern , as we go into Community Development issue s, a lot of th e c lea n -
up that happened up on North Broadway, encouraged people to open up their wallets and inve st in North
Broadway when the Day Labor places went out, when the restr ict ions went in on tattoo pa rl ors, and the check
cashi ng pl aces . It opened up that environment fo r investment to go in t he re an d now you 've got a Panda
E xp ress , UnD ic i, Old Dubl iner or the Truck Stop . You 've got milli ons of do ll ars of in ves tments going in, because
th e C ity showed a pu re intention of what the d irection should be fo r tha t commun ity . I am saddened to see my
area of town, th en, become th e dum p ing ground for some of this activity . T h is is not what that community
wanted . I was further dismayed to find out that this has been tried before ... that a liquor license tried to go in that
area 14 years ago and they didn't want it then either . Citizens won out at that time and I was saddened to find
out that the one vote, at that time, with a community outcry not to have that license approved ... and it
wasn't. .. the only vote for that liquor store , in the 3900 block, 14 years ago, was Ron Lunders . And 14 yea rs
later, again, I saw people being ignored when they asked for their community not to have another liquor store .
Like the Principal from C layton, he represents a school, he represents his constituency, he speaks for himself
but also , as a p rofessional, for the commu n ity that he serves and the education field . And he is right , there are
three schools right in that area . I tried to represent my community . I felt just as unheard as the people who
spoke here tonight and believe that there should be some effort and some time put into looking into our Boards
and Commissions and how they address citizens and how they uphold their duties . That is all I have to say
about it. Oh, and I did bring up at the Study Session last Monday, about potentially having Council look at
sett ing limits on the distances between liquor stores . I am very pro-private property rights . I don 't think it is in
the best interest of the City to try and set everything by Ordinance and regulations . Unfortunately, we have a
stop -gap in place already and for that liquor license it was for the citizens to be able to be heard ... 1f that is n ot
g oin g to be listened to , if that check and balance isn't going to be available to the constituency , to the c1t1z ens of
this co mmun ity , then it leaves no choice than to look at alternatives of trying to set ord inances in order for tho se
c1 t1zen to b heard . That's it.
Englewood City Council
September 18, 2006
Page 15
(ii) Council Member Mccasl in:
1. He said I would like to thank Community Development and Harold Stitt. We worked household
hazardous waste Saturday ... ! only worked three and a half hours , but the compliments we got from the people
coming up and br inging the ir hazardous was te was unbelievable . They were praising and thanking us and you
know, thank you for having this day. It was just neat. This is the first time I have ever been able to do
something like this , because I was j ust elected in November . I appreciate Harold and your time and effort. You
guys in Community Development do a great job . Thank you both . But like I said , all the comments were
pos itive .
2 . He said this thing on South Broadway ... when we formed the BID, I asked why ... whatever happened to
the people south of Hampden? You know they were concerned about the people north of Hampden and they
said well we are going to work up to the end . And so, I've been concerned about ... of course , I grew up in
Englewood, my parents have been here 57 years, so I was concerned about the south end . I said well you guys
are taking care of the north end, what is happening to the south end? So like the young lady said, she has
some concerns and so do I, so hopefully we will address those concerns . I appreciate your speaking tonight.
3 . He sa id in talking to employees of Englewood , I have heard some rumors and speculation that we we re
look ing into changing our 24 hour shifts for firemen to 48 hours . And as this was brought to my attent ion , there
have been a couple of great TV articles about how this is going to put a liability and stress on the employees
and really make it tough . I don 't know whe re we are in this process , but I would like to hear some update on
tha t. To me that is a big concern .
4 . He sa id we talk about all the bad th ings ... you know ou r divorce rate in soc iety is about 50 %, 48% or
whatever it was ... but last n ight I attended a 50 1
h anniversary party for Wayne Oakley , who is one of our Counc il
members , and I'll tell you what, it was a great even t. We need celebrat ions like this in our community . Too bad
he couldn 't open up the whole City of Englewood , but it is pretty expensive . I really appreciate the people who
showed up and I had a great time. Thank you .
(i ii ) Council Member Moore :
1. He sa id in the letter from RTD , the fa re that they are mention ing , the $1 .50 , was that contemplated as
part of th is projec t? C ity Manager Sea rs sa id no , it was n't contemplated . Mr . Moo re sa id I mean the success of
the project ... it is go ing to be tremendousl y affect ed by tha t. I don 't understand why that is com ing out of the
blue .
Mayor Wolosyn said I guess I will add that Engle wood has two re pre sen ta t ives on tha t Bo ard , don 't we, the
north end and the south end? So, we have a lot of influence and Council should probably put some letters in
about how valuable it is . Mr. Moore said I thought it was intended to operate more like a circulator shuttle .
Mayor Wolosyn said that's right , it is .
City Manager Sears said we just received that today and we had not received any preliminary information about
that ... that that was the direction they were going to go . We will do so me follow up and certainly we sh o uld be a
part of the discussion or the decision making they have and w here they go . Certainly go ing fro m zero to $1.50
ride is go ing to have a huge impact. We will do the follow up , thank you .
2 . He said in respect to the liquor license issue . I can't wait until November 20 1
h to talk, Olga . Our City
government gets a terrible black eye when our citizens feel this ignored, even if the outcome in this thing is right.
Obviously, the process is flawed when the citizens don't feel like they are getting a fair shake . Now , what if they
are not getting a fair shake in this? Is there any ... and I think I am directing this to Dan ... is there any immediate
action we can take w ith respect to this situation? .. Or by the nature of the independence between that Board and
ours ? Is there no intervention that we are capable of?
City Attorney Brotzman said your only role w ith this Board is to appoint this Board .
Englewood City Council
September 18, 2006
Page 16
Mr . Moore said okay , let's just assume that this 500 foot issue ... let's just assume for discussion ... that they were
flat out wrong . Mr. Brotzman said on that issue? Mr. Moore said yes . City Attorney Brotzman said if it was the
measurement issue, that could be overturned and we could take care of that.
Council Member Moore said by who? Mr . Brotzman said that actually is through the court process . We would
resolve it there . He said again , that is not a Council issue ... that is the court process issue . An appeal from th is
goes directly to District Court and the answer is , if it was measured incorrectly ... I have to qualify this, it
wasn't. .. but , if it was measured incorrectly we would simply agree that it was measured incorrectly . The
problem with this and what Council Member Barrentine has requested ... is looking at a zoning process outside of
the liquor code process . The Liquor Code has a very specific methodology of how to measure this . Community
Development did that. .. it is over 500 feet. The Liquor Code provides that you can extend that through a zoning
process . You can do other things through the zoning process . That is what is coming back to you . What we
are going to be giving you , as Council reque . ted , they are plotting all of the liquor stores, GIS wise, so that you
can see what those measurements are.
Mr . Moore said I am not interested in other law changes right now. Mr . Brotzman said right. Mr . Moore said
what I am interested in ... is it a fair process? You have adequately answered that the 500 feet is not measured
as the crow flies, so that is fine . Mr. Brotzman said right. But, Mr. Moore said, there are many other issues that •
have been raised in this. Mr. Brotzman said and the answer is the appeal from Liquor Board goes directly to
District Court . Mr. Moore said who has power to appeal? Mr. Brotzman said any aggrieved party, meaning any
of the citizens who were at that hearing can appeal. Mr. Moore said can the City? Mr. Brotzman said if you
desire to appeal , yes you could . But the standard , however, is , was the Board arbitrary and capricious in their
decision . Mr. Brotzman said that is almost an impossible standard to win .
Mr . Moore said that is concerning. We have the ability to appeal if we so desire , as a City , aga inst our own
Board . Mr. Brotzman said yes . Mr . Moore said the time frame for doing so? Mr. Brotzman said you would be
doing that tonight. Mr. Moore said what is the cost of doing it? We have an issue here. If we have the ability to
stop a wrong ... the problem is we haven 't had a chance to evaluate whether or not there is a true wrong
here ... but , if acting tonight preserves our ability to evaluate this ... Mr . Brotzman said and you are setting up a
very , very unusual process, because what I have to tell you is that if the City appeals ... your having my office on
both sides of the law suit. .. because Dugan Comer represents the Board ... so they make a decision that he
would have to defend . That is why you have the City Attorney's office representing the Liquor Board . So, you
would actually have to hire outside counsel to appeal that. Mr . Brotzman said I would recommend ... Mr. Moore
sa id I am not asking for a recommendation yet. This license is permanent. Mr. Brotzman sa id yes . Mr . Moore
sa id it goes with the property . Mr. Brotzman sa id no . Mr. Moore said you have to maintain it, but if. .. Mr .
Brot zman said no , if they want to transfer it there is actually a process to transfer a liquor lice nse , as wel l ... so
they would have to get perm issi on to transfe r. M r. Moore sai d bu t there isn't a renewal ? Mr. Brotzman said as
long as this company is there and these owners are there , there are various process ... meaning that you actually
have to register the people that work there, the owners have to be the same , you can't change the corporate
structure without going to the Liquor Board and getting that authorized again .
Mr . Moore said if I were a betting man ... I have an eight year member of the Liquor Licensing Authority over here
and has been through the process, diligently participated before ever being on Council. I have numbers being
presented by the citizens that are grossly out of whack in terms of against this . I can't fathom how this was the
right decision . I am trying to recall. .. we had a closer one , but I had us talk about four or five years ago ... but in
that case I think the numbers were at least in the ballpark ... the majority was against it , but at least there was a
sign ificant minority.
Council Member Barrentine said actually I sat on that one and there were around ... there were under 20 people
of came to oppose that license , but the petit ion process was well in the 90 's in favor of it. This one had an
oppos ing petition process that showed 43 % .. .first of all , I would like to say that I've been on the Liquor Boa rd ,
not one time has a survey company been paid and not come back with the majority for what they got pa id for .
So the pet ition process ... and I'm not say ing that anybody does anyth ing inappropriate ... but the petition process ,
like a lot of th ings in life , you get what you pay for . If you send somebody to oppose it , they come back with a n
Englewood City Council
September 18, 2006
Page 17
oppos iti on . If you send somebody in favor of it , in the e igh t year s I have never seen somebody be paid for a
petition and not come back with that their side should have what they wan t. But in that case , you had the
surrounding area ... over 90% wanting it and you had maybe about 15 to 18 people who came out in oppos it ion
to it. I had only one time ever seen that many people in here and that liquor license was turned down ... it was
for over at Girard . There are only three that I have sat on and that's ... the change of corporate structure , those
things are rather business procedures, those go through ... you never have anyone show up . The three ti mes we
have had people show up, th is was a large number of people with the pe tit ions not over whelming and tha t is
why I had the concern that I did .
Mr . Moore said do we know if any other parties are filing an appeal? Mr. Brotzman said we have heard that Mr.
Tisch is contemplating doing so . I have to tell you though ... arbitrary and capric ious means there was no
evidence presented that they could approve the liquor license. Now , you heard there were people there that
were in favor of this . Whether you agree or not , the person who gets to dec ide that is actually the Liquor Board .
You may disagree whole heartedly with how the process went , but if there was any ev idence presented , the
chances of winning are slim to none .
Mr . Moore said that is the basis for your advice to let it go . What is our ability to unseat the Board? Mr .
Brotzman said you have appointments every year ... that is up to Council. Mr . Moore said the Board membe rs
terms are two years , four years? Three years ... do we have to wait until a term is complete? Mr . Brotzman sa id
the answer is yes or the only other piece that you have are absences .
Mr . Moore said I do hope the audience can appreciate the handcuffs that have been placed on us.
Council Membe r Ba rrentine said I would only ask one other question . All the decisions that were made were
made based off of needs and desires . Then the City has nothing to do with t ha t c ri teria ? Mr. Brotzman sai d that
criteria , no . The criteria tha t you have asked us to look at , which is a zoning issue , which is d istancing ... Ms .
Barrentine said no, I am not talk ing about what we are going to do in November. I am talking about what John is
talking about right now. That the decision that each of them made was stated that it was made based off of
needs and desires . I don 't understand how it has to be capric ious and .... Mr . Brotzman said that is the standard
to overturn the Liquor Board. So , if there was any evidence presented to them , they we igh the evidence . A
judge will not set aside your citizen appointed panel , unless it was just so erroneous that they couldn 't or
shouldn 't have ever found that. That is not weight of evidence, that means no evidence ... there wasn 't anyth ing
before them that they could have looked at and said ... the re is a need and des ire .
Ms . Barrentine sa id we had a cit iz en that presented a pet iti on process as well , and some of the proces ses
weren't handled the same as they had in the pas t. I would go with Joh n. I'm concerned a bou t leavin g a Bo ard
in place that is th at-i n-you r-face abou t not listening to peop le ... not hearing them ... leav ing them w it h th at ki nd of
impressio n .
Mr . Moore said my disgust should be apparent. I hope , if nothing else ... we have two actions that we can take .
One of them is to remember this when we are considering reappointments . Second, we can look at changing
the law to mandate the space requirements, right? ... through zoning . The third is I would like to , again ... in
fairness to the process and accepting my own personal ignorance of all the rules. if Council is on board with
this ... I wou ld like to understand this better because right now I have the feeling that this was a flagrant disregard
for the way the rules are set up . And I know , it can't be that bad . Maybe in the N ovember 20 1
h session , I would
like to understand that there is some scenario where this was fair .
Mayor Wolosyn said I think the fact that we are going to address the possibility of changing that, I, myself,
wanted to have the whole ordinance structure examined, because we are going to propose changing ... solving a
perceived problem by doing this , that unless we understand the whole process , I don't think we are in the
position ... so to me, it is part of the discussion .
Council Member Moore said and Dan , a lot of that is dictated by State law, right? Attorney Brotzman said yes .
we have adopted the State Liquor Code and that is .. Mr. Moore said like the arbitrary capricious standard , we
can't change that . that is State . Mr . Brotzman said that is correct.
Englewood City Council
September 18, 2006
Page 18
Council Member Barrentine said it is my understanding that they will need to look at the Executive Sess ion tape ,
which is something that the audience and myself are not privileged to, to know what went into the decision
making process ... that that tape , if requested , would go to a Judge and they would take a look at that and if there
was disregard ... the potential is there for them to make a determination on the instruction, especially given to a
new member ... both legal and experience given by other members and for them to decide based on their
conversation ... whether they ignored that. .. needs and desires can still play into it , I guess .
(iv) Council Member Oakley:
1. He said I too would like to understand the process better. I feel anything we can do in the future , we
need to do, but for now , I would defer to Dan 's advice .
2 . He said in regard to Bob's comments about my 501
h wedding anniversary, last night, I would like to say,
that we were able to rent the facilities at the Malley Center and the employees were very professional and
treated us very nicely . It is a very nice room and I would recommend to anyone in the community that has an
affair like that , to keep the Malley Center in mind .
3. He said going back to last week when I was a little passionate about graffiti in our City , I noticed th is
week that Denver has put in their budget a special cleanup crew like I had suggested last week . I th ink that
Chris had said that he had some things along those lines in mind and I would like to see us pursue that in the
future .
(v) Council Member Tomasso :
1. He sa id I want to thank the merchants for the wonderful car event they put on and all the effort they put
into that. It really made the City look good . Also , all the City staff that contributed to that. I know the City made
an extra effort to make that work really well.
2. He sa id we received a report on the number of crimes per motel. What I would like to get now is the
number of rooms per motel , so we could get a percentage of wh ich ones are creating the most
problems ... based on the number of rooms or clients they have per nigh t. So , the two wou ld make sense and
we could try to compare tha t.
3. He said I also not iced the house , whe re we closed the st reet at Bates and Clarkson ... the house they
just built ne xt to Bates a nd Clarkson ... was on a 75 foot lo t. They subd ivided the lot into two houses . The fi rst
hou se is bui lt and it is listed as $879 ,000 .00 and th ey are about to build a second house on that property . There
is also a house four blo cks away that ha s bee n scraped ... the y are d igg ing a new bas ement. I suspect tha t on e
will also be about an $879,000 .00 house . So, that is another direction for the City to go .. .for dev elopment. It
might not be a duplex at $600,000.00, but it might be a single family house for $600 ,000.00 on a 50 foot lot.
They don't all have to be $879 ,000 .00, but $600 ,000 .00 is kind of nice too .
(vi) Council Member Woodward :
1. He said I want to congratulate Wayne and Jeannie on their 50 1
h wedding anniversary again . So ,
congratulations from me too on that.
2. He said the rest I have are kudo type of things . Mike Flaherty, Leigh Ann Hoffhines, Don Ingle and the
IT Department have been chosen as a finalist in the City and County Communications and Marketing
Association's Savvy Awards competition for the City of Englewood's new web site and I just want to compliment
them on that and acknowledge that they have done , obv iously , a great job on that .
3. He said I would also like to acknowledge Rocky Mounta in Urgent Care who ... according to our Council
Newsletter ... is providing financial support to youth In-line hockey , basketball and baseball leagues through the
Parks and Recreation Commission ... Dave Parks helped put that together . Rocky Mountain Urgent Care is a
Englewood City Council
September 18, 2006
Page 19
business that has been in Englewood for about two years now and they have been a real supporter of
community events and this is just another one of those . So kudos to them
4 . He said then lastly, to City Manager Sears for 35 years of being in the business of City Management.
Congratulations! There was applause .
Mayor Wolosyn said congratulations Gary.
13 . City Manager's Report
City Manager Sears did not have any matters to bring before Council.
14 . City Attorney's Report
(a) City Attorney Brotzman said you received correspondence from Trina Everhart from Safety
Services regarding the return of our police radios . The conversations and the correspondence have not been
fruitful, so I am seeking a motion to pursue suing EF Johnson for return of the funds .
Council Member Woodward said I would like to make that motion . Based upon our discussions back when we
started having problems with these radios and back then, I think , we had discussed that there were some other
communities within the State that also had problems with the same radios . So , absolutely, I think they need to
step up and make a refund .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE TO PURSUE SUING
EF JOHNSON FOR RETURN OF THE FUNDS.
Motion carried.
Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward ,
Tomasso , Oakley
Nays : None
15 . Adjournment
The meeting adjourned at 9 :14 p .m .
MEMORANDUM
TO:
FROM:
DATE:
RE: Don Coatman -RMS/ A WW A Operator of the Year
The Englewood Utilities Department is proud to announce that the Rocky Mountain
Section of the American Water Works Association (A WW A) awarded Don Coatman the
Ralph M. Leidholdt Water Treatment Plant Operator Award for 2006.
Mr. Coatman has demonstrated a very high work ethic and an ability to effectively
manage the detailed operations of the Allen Water Treatment Plant and maintain the
systems infrastructure including 4 raw water reservoirs, 16 miles of irrigations ditches, 3
treated water storage reservoirs, booster pump stations and 2 elevated storage tanks. He
is a contributing author to RUMBLES, serves on the RMS/ A WW A Safety Committee,
and trains staff on all aspects of operations and maintenance. He is recognized as one
who "motivates older employees and inspires newer employees" to accomplish
recommended goals. Don is a skilled, dedicated operator and is truly a credit to the
profession and to the City of Englewood -Utilities Department.
-
6 a ~
' .
Dear Sirs:
We are letter carriers and would like to express our views concerning dogs to the City
Council of Englewood .
Postal regulations do not allow a carrier to enter a yard where there is a loose animal. The
topic of dog bites is frequently addressed at our safety meetings. We are constantly told
not to pet or feed your dog -because when someone else delivers the mail -he may not
treat the dog in the same manner. Dogs are protective animals and they act differently
when the owners are not at home. Some routes have up to 100 dogs -so it's hard to
distinguish which are friendly and which are not. Our mantra of delivering "through rain ,
snow, sleet and dark of night" does not include fighting off dogs. I'm sure people have
stories about how we overreact when a dog approaches us, but our supervisors threaten
discipline when we are bit -and we know a dog was at that delivery point. We are being
pushed into a corner, so as letter carriers of Englewood -please restrain your pet.
Thank you for your time,
A
• I • I
(
8a
Betty Goosman
18076 April's Way
Parker, CO 80134
303-789-1377
Rece,v -· .. '\
CITY OF: ENGLEWO O'\ ::,,
September 14, 2006
Englewood Election Committee
Attention: Lou Ellis
SEP 1 8 20u J
OFFICE OF
THE CITY CLE~
It is with deep regret that I must resign from the Englewood Election Committee as I
have moved from Englewood to Parker. This happened very quickly and at the time 1 ·
agreed to serve on this committee I had no idea this would happen any time soon.
Thank you for giving me the opportunity to serve on this committee.
I wish the best for the future of this committee.
Betty Goosman
September 14, 2006
Betty Goosman
18076 April's Way
Parker, CO 80134
303-789-1377
Englewood Transportation Advisory Committee
Attention: Rick Kahrn and Dave Anderson
It is with deep regret that I must resign from the ETAC Committee as I have moved from
Englewood to Parker. This happened very quickly.
I have enjoyed being on the committee and have learned a lot from it. I believe that we
have done a lot of good for the citizens of Englewood . Thank you for giving me the
opportunity to serve on this committee.
I wish the best for the future of the ET AC Committee.
Betty Goosman
,Sb
PROCLAMATION
WHEREAS, the National Federation of the Blind (NFB) was founded in 1940 , to end
discrimination against the blind and to secure first-class citizenship for all blind persons; and
WHEREAS , today the Federation, representing more than fifty thousand members across the
country continues to work to secure equal rights and opportunities for the blind ; and
WHEREAS, the National Federation of the Blind works to change attitudes about blindness by
providing information about blindness to parents, teachers, school administrators, and business,
political, social, and civic leaders ; and
WHEREAS , since blind people and blindness are still frequently misunderstood, the National
Federation of the Blind has developed a public education campaign, "Meet the Blind" Month, to
create opportunities for the people of Englewood to learn firsthand that blind people are basically
like everyone else; and
WHEREAS , the Colorado affiliate of the National Federation of the Blind , now in its 52nd
year, in vi tes neighbors , coworkers , and classmates to join them at various "Meet the Blind"
events throughout the month of October to learn how blind people lead full and active lives ;
NOW THEREFORE, I, Olga Wolosyn, Mayor of the City of Englewood , Colorado, hereby
proclaim the month of October, 2006, as :
National Federation of the Blind
MEET THE BLIND MONTH
and urge a ll the citizens of the City of Englewood , Colorado to accept this invitation to meet
members of the voice of the nation 's blind , the National Federation of the Blind.
GNEN under my hand and sea l this 2nd day of October, 2006.
Olga Wolosyn, Mayor
Be
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
October 2, 2006 9 Ci Resolution approving FY2007 Community
Development Block Grant Application
Initiated By: Staff Source:
Community Development Department Janet Grimmett, Housing Finance Specialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Housing and Community Development
Previous Action:
City Council has approved resolutions to file Community Development Block Grant (CDBG)
applications almost annually since 1977. Participation in the Arapahoe County entitlement
program began in 1991. Participation is authorized in three-year increments. Ordinance 13, Series
of 2006, approved an Intergovernmental Agreement to participate in the Arapahoe County
Community Development Block Grant and HOME Investment Partnership Programs for federal
fiscal years 2007 through 2009.
RECOMMENDED ACTION
Staff recommends that Council approve a Resolution authorizing staff to apply to Arapahoe County
for the City of Englewood 's portion of federal fiscal year 2007 Community Development Block
Grant (C DBG) funds .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The U.S. Department of Housing and Urban Development (HUD) CDBG Entitlement Program
provides grants to units of local government and urban counties to meet housing and community
development needs. The objective of the program is to enhance urban communities by providing:
• decent, safe, affordable housing;
• improved infrastructure;
• public facilities and services;
• economic opportunities.
The F deral Program objec ti ves are achieved through projects developed by local governments that
primaril benefit low and moderate income families and other federal objectives. The request for
fund~ rndy dlso include activities that meet other urgent development needs in communities such as
d mag from flooding. tornadoes, fire , etc . Local governments determine which activities best
rve the obj c ti es of the program .
Funds are appropriated annually by Congress for the CDBG program and are allocated by statutory
formula to each entitlement area. Arapahoe County is an approved entitlement area. The grant
funds are currently distributed to participating cities within Arapahoe County based on each
jurisdiction's poverty population as identified from the latest census information. The current
participating jurisdictions are the Cities of Englewood, Littleton, Sheridan, Glendale, Deer Trail, and
Greenwood Village plus unincorporated Arapahoe County. The funding level for the City of
Englewood for FY2007 is anticipated to be $150,000, the same as it has been for the past four
years. An additional non-jurisdictional pool of funds of approximately $300,000 is also available
directly from Arapahoe County for projects that benefit persons living in any part of the county.
The City of Englewood must submit an application no later than October 16, 2006 in order to
receive its portion of the 2007 CDBG funding from Arapahoe County. The application will be for a
total of $150,000. Englewood's FY2007 program consists of same three projects that were
approved for FY2006 CDBG funds. These three projects continue to meet current housing and
neighborhood needs. All projects are subject to additional review by City staff, Arapahoe County
CDBG administrators and the County Commissioners. The listed projects and funding levels may
change based on those reviews. FY2007 CDBG funds will be requested for the following projects:
1) $70,000 for the Housing Rehabilitation Project to provide loans to low-income
homeowners to finance the costs of major household repairs and improvements.
This Project also includes a handyman/small rehab component to assist seniors
and disabled persons with minor household repairs ;
2) $55,000 for a neighborhood revitalization "paint-up/fix-up" project designed to
improve the streetscape appearance of low-income owner-occupied residential
properties within the City;
3) $25,000 for a seventh-year request to assist with staffing needs for the House of
Hope homeless shelter.
FINANCIAL IMPACT
Existing Community Development staff will administer the proposed projects. Staff salaries and
benefits represent the City's partici pation in the projects.
LIST OF ATTACHMENTS
Resolution
l
RESOLUTION NO.
SERIES OF 2006
RESOLUTION BY THE CITY OF ENGLEWOOD AUTHORIZING THE CITY OF
ENGLEWOOD, COLORADO, TO FILE AN APPLICATION WITH ARAPAHOE COUNTY
FOR A 2007 COMMUNITY DEVELOPMENT BLOCK GRANT.
WHEREAS, the Englewood City Council has approved CDBG applications since 1977 and
approved the execution of an Intergovernmental Agreement with the passage of Ordinance No.
37, Series of 1991, covering the City's participation in the Arapahoe County CDBG Entitlement
Program for funding years 1992 through 1994; and
WHEREAS, the Englewood City Council approved passage of Ordinance No . 13 , Series of
2006, authorizing the execution of an Intergovernmental Agreement between the City of
Englewood and Arapahoe County covering participation in the Arapahoe County CDBG
Entitlement Program for funding years 2007 through 2009; and
WHEREAS, the Arapahoe County Community Development Block Grant Program provides
gr~ts to participating municipalities to meet housing and community development needs; and
WHEREAS , to compete in the Arapahoe County Community Development Block Grant
Program, local governments must submit an application; and
WHEREAS , the City of Englewood has received a notice of fund availability; and
WHEREAS , the City of Englewood, Colorado, desires to apply for these funds through the
Arapahoe County 2007 Community Development Block Grant to fund the Housing
Rehabilitation Program, House of Hope staffing and neighborhood revitaliz.ation projects .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1, The City of Englewood, Colorado, is hereby authorized to file an application for an
Arapahoe County 2007 Community Development Block Grant.
Section 2. The Mayor and C ity C lerk are authorized to sign and attest all necessary forms ,
documents, assurances and cert ificat io ns for the Community Development Block Grant
application for and on behalf of the City Council and the City of Englewood.
ADOPTED AND APPROVED this 2nd day of October, 2006 .
ATTEST:
Ol ga Wolosyn, Mayor
Loucrishia A . Ellis, City C lerk
I, Loucrishia A. Ellis, City Clerk for the City of En glewood, Colorado, hereby certify the
above is a true copy of Resolution No . __ , Series of 2006 .
Loucrishia A. Ellis, City Clerk
I COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
October 2, 2006 11 a i Intergovernmental Agreement with CDOT for
Bridge over the Platte River at the Englewood Golf
Course
Initiated By: Staff Source:
Department of Public Works Rick Kahm, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• Council approved Resolution No. 79, Series 2003, authorizing the City to apply for Federal
funds under the lntermodal Surface Transportation Efficiency Act (ISTEA).
• Council approved Resolution No. 77 , Series 2005 , authorizing the City to apply for Federal
funds under the "Safe Accountable Flexible Efficient Transportation Equity A c t-Legacy for
Users".
• Staff discussed the status of the project at the August 14th Council Study Session.
RECOMMENDED ACTION
Staff recommends Coun ci l approval of a Bill for an Ordinance to enter into an agreement w ith the
Colorado Department of Transportation . The agreement c ov ers financial commitments related to
the design and c onstruction of "Platte River Bridge at Englewood Golf Course."
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Th e exis ting brid ge over the Pl atte Rive r was b uilt by En glewood to c onnect the front and back nine
h o les of o ur G o lf C ourse. Su b se quentl y, it has serve d as a c ro ss-over c onn ection for the Mary
Cart er Gree nway. Th is has ca us ed confli c ts b etween p edes t ria ns , b icycles, and go lf carts. Th is
proposed project will install a new struc ture south of the existing bridge to separa te golf course
patrons from the Platte River Trail System .
The Denver Regional Council of Governments (DRCOG) accepts applications from local
governments, typically on a two year cycle, for projects to be considered for federal funding.
DRCOG, in cooperation with the Colorado Department of Transportation (CDOT), is charged with
preparation of the Transportation Improvement Program (T IP). The TIP priori tizes regio nal p rojec ts
for Federal Transportation Funds available through the "Safe Accountable Flexib le Efficient
Transportation Equity Act-Legacy for Users" (SAFTEA-LU). Congress adopted this program in
August, 2005 to replace the former Transportation Efficiency Act of the 21st Century (TEA-21 ).
Englewood first applied for this "Enhancement" project in 2003 and , with Council's concurrence,
we reapplied in 2005 . Based on our application and certification that local matching funds are
ailable, DRCOG accepted the project earlier this year and included it in the TIP. Metro-wide,
--------
only eight Enhancement projects were selected for funding through 2010 with Englewood receiving
two of the eight (see attached list). As shown in the attachment, federal funds for Enhancement
projects are very limited in FY 2007 ($429,000). DRCOG has challenged cities with a competition
for the available federal dollars. Money for the selected projects will be allocated based on the
order that COOT agreements are approved by local agencies. Staff worked closely with CDOT
Region 6 and requested they expedite the preparation of our agreement. The turnaround time for
Region 6 was seven weeks, beating their typical time frame of about twelve weeks. Based on
statements made by other local government representatives, our main competition is from Golden
and Boulder. The other project sponsors anticipated waiting until FY 2008 to begin their projects.
Staff is hopeful that our projects will be funded for design in FY 2007 and construction in FY 2008.
COOT will not encumber more money than is available in 2007. The Contract Encumbrance in this
Agreement is for the design portion only. The Agreement contains a "Funding Letter" provision that
CDOT will use to increase the dollar amount for the construction phase as funds become available
in FY 2008. CDOT and DRCOG also require that the design be substantially complete before
construction funds are encumbered. This process reduces the likelihood that federal dollars would
be encumbered by a project sponsor and not spent within a reasonable period of time.
Please note: Corrected outline letters are not substantive changes.
FINANCIAL IMPACT
The total estimated cost for the project is $724,000 as detailed below:
Design
Construction
. ta l
Fiscal Year
2007
2008
Federal Share (80%)
$103,200
$476.000
$579,200
Local Share (20%)
$25,800
$119.000
$144,800
Total
$129,000
$595,000
$724,000
Per the proposed Development Agreement related to the Sheridan development, the entire Local
Share of $144,800 will be provided by Miller/Weingarten.
Englewood applied for this project in 2003 and certified that matching funds would be available
before discussions with Miller/Weingarten began. Should the Development Agreement not be
approved, staff will request a supplemental appropriation from the PIF in the amount of $144,800.
LIST OF ATTACHMENTS
Map
List of Enhancement Pool Projects
Bill for an Ordinance
Transportation Enhancement Contract
...
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LIST OF 2007-2012 TIP Enhancement Pool Projects
POOL INFORMATION
TIP-ID Federal Local Totals
2007-087 STP Enhancement Poo l: 207-2012 TIP Total Pool Funding $5,783 $3 ,597 $9 ,380
2007 Funding $429 $266 $695
2008 Funding $1,842 $1,146 $2 ,988
2009 Funding $2,708 $1 ,684 $4,392
2010 Funding $804 $501 $1 ,305
POOL PROJECT INFORMATION
TIP-ID Project Title Sponsor Federal Local Local Ovennatch Total Cost
2007-020 Wadsworth Blvd (SH 121) 72nd Ave to 80th Ave Multi-use Path Arvada $589 $147 $448 $1 ,184
2007-046 Folsom St: Regent Dr Underpass Boulder $2 ,694 $674 $1 ,186 $4,553
2007-017 Bear Creek Trail: Fenton St to Lamar St Denver $475 $119 $269 $863
2007-034 Platte River Path : Dartmouth Bike & Ped Bridge Englewood $435 $109 $126 $670
2007-035 Platte R iver Path : EnglewoodGolf Course Bike & Ped Bridge Englewood $579 $145 $0 $724
2007-031 C-470: Indiana SVUS-6 Bike Path Extension Golden $428 $107 $93 $628
2007-027 Miltimodal Historic Interpretation Project Historical Society $343 $86 $29 $458
2007-030 US-36: 3rd Ave Streetscape Improvement Lyons $240 $60 $0 $300
• The dollar amounts are all in thousands TOTALS $5,783 $1,446 $2,151 $9,380
l
ORDINANCE NO .
SERIES OF 2006
BY AUTHORITY
COUNCIL BILL NO . 38
INTRODUCED BY COUNCIL
MEMBER _____ _
ABILLFOR
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND THE CITY OF
ENGLEWOOD, COLORADO, THAT PERTAINS TO CONSTRUCTION OF A BRIDGE OVER
THE PLATTE RIVER AT THE ENGLEWOOD GOLF COURSE.
WHEREAS, the existing bridge over the Platte River was built by Englewood to connect
the front and back nine holes of the Englewood Golf Course; and
WHEREAS , this bridge has served as a cross-over connection for the Mary Carter
Greenway causing conflicts between pedestrians, bicycles and golf carts ; and
WHEREAS , the proposed bridge will be built south of the existing bridge and will separate
gold course patrons from the Platte Ri v er Trail System; and
WHEREAS , the City of Englewood approved Resolution No . 77 , Series of 2005 ,
authorizing the City to apply for Federal funds under the lntermodal Surface Transportation
Efficiency Act (SAFTEA-LU); and
WHEREAS , Englewood applied for the "Enhancement" project in 2003 and again in 2005
with Council 's concurrence, which DRCOG accepted the project earlier this year and included it in
the TIP (Transportation Improvement Program)
NOW , THERE FORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENG LEWOOD, COLORADO, A S FOLLOWS:
Sectio n 1. T he City Co uncil of the Ci ty of Englewood , Co lorado, hereby authorizes the
City to enter into an Intergovernmental Agreement with CDOT entitled "Transportation
Enhancement Contract", covering the financial commitments related to the design and construction
of Platte Ri ver Bridge at the Englewood Golf Course, attached as Exhibit 1.
Section 2 . Purs uant to Article V , Section 40, of the Englewood Home Rule Charter, the
City Council has detennined that this Ordinance shall be published by title because of its volume. A
copy is available in the Office of the Englewood City Clerk.
Section 3 . The Mayor and the City Clerk are hereby authorized to sign and attest said
Intergovernmental Contract on behalf of the City of Englewood .
Introduced , read in full, and pa sed on first reading on the 2nd day of October, 2006 .
Published by title as a Bill for an Ordinance on the 6th day of October, 2006 .
Olga Wolosyn, Mayor
Attest:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in
full and passed on first reading on the 2nd day of October, 2006.
Loucrishia A . Ellis
(
(FMLAWRK)
PROJECT STE M395-013, (15912)
REGION 6/(JH)
TRANSPORTATION ENHANCEMENT CONTRACT
Rev 10/03
07 HA6 00034
CMS ID 07-060
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 available
and a sufficient uncommitted balance thereofremains available for payment of project and Local Agency
costs in Fund Number 400, Appropriation Code 010, Organization Number 9991 , Program 2000,
Function 3020, Object 2312 IP, Phase D , Reporting Category 6121, Contract Encumbrance Number
15912, (Contract Encumbrance Amount: $129,000 .00).
2. Required approval , clearance and coordination have 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" of2005 and to applicable provisions of Title 23 of the United States Code and implementing
regulations at Title 23 of the Code of Federal Regulations, as may be amended, (collectively referred to
hereinafter as the "Federal Provisions"), certain federal funds have been and will in the future be
allocated for transportation projects requested by Local Agencies and eligible under the Surface
Transportation Improvement Program that has been proposed by the State and approved by the Federal
Hi ghw ay Administration ("FHWA"), hereinafter referred to as the "Program."
4 . Pursuant to§ 1007(a) ofTEA-21, at 23 U.S.C. § 133(d)(2), certain Surface Transpo rtati o n project
funds are made available only for eligible "Transportation Enhancement Activities", as defined in§ 23
U .S.C. § 1 Ol{a), and this contract provides for the performance by the Local Agency of a project for an
eligible Transportation Enhancement Activity.
5 . Pursuant to § 43-1-223, C .R.S. and to a ppli cable portions of the Fed era l Pro visi on s, the State is
responsible for the general administration and sup ervisi on of pe rformance o f projec ts in th e P rogram,
including the administration offederal funds for a P rogram project p erforme d b y a Local Agen cy und er a
contract wi th the State .
. The Local Agency has requested that a certain local transportation project be funded as p art of the
Program , and by the date of execution of this contract, th e Local Agency and/or the State has completed
Page 1 of 18
and submitted a preliminary version ofCDOT form #463 describing the general nature of the Work. The
Local Agency understands that, before the Work begins, form #463 may be revised as a result of design
changes made by COOT, in coordination with the Local Agency, in its internal review process . The
Local Agency desires to perform the Work described in form #463, as it may be revised.
7. Federal-aid funds have been made available for project STE M395-013 (15912), which shall consist
of constructing a bicycle and pedestrian bridge across the Platte Ri ver north of Oxford A venue and
constructing a bicycle path that will connect the newly constructed bridge to the Mary Carter Greenway,
referred to as the "Project" or the "Work." Such Work will be performed in Englewood, Colorado,
specifically described in Exhibit A.
8 . The matching ratio for this federal aid project is 80% federal-aid funds to 20% Local Agency funds, it
being understood that such ratio applies only to such costs as are eligible for federal participation, it
being further understood that all non-participating costs shall be borne by the Local Agency at 100%.
9 . The Local Agency desires to comply with the Federal Provisions and other applicable requirements,
including the State's general administration and supervision of the Project through this contract, in order
to obtain federal funds .
10. The Local Agency has estimated the total cost of the Work and is prepared to provide its match share
of the cost, as evidenced by an appropriate ordinance/resolution or other authority letter which expressly
authorizes the Local Agency the authority to enter into this contract and to expend its match share of the
Work. A copy of such ordinance/resolution or authority letter is attached hereto as Exhibit B .
11. This contract is executed under the authority of§§ 29-1-203, 43-1 -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:
Sectio n 1. Scop e of Work
The Project or the Work under this contract shall consist of constructing a bicycle and p edestrian
bridge across the P latt e River north of Oxford Avenue and constructin g a b icycl e p ath th at will connect
the new ly constru cted bri dge to th e M ary Carter G reenw ay, in E ng lewood , C ol orado , as m ore
specificall y described in Exhibit A.
Se ction 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, FHWA and the Local Agency.
Section 4. Project Funding Provisions
The Local Agency has estimated the total cost of the Work and is prepared to 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 prov isions described herein shall apply only to a percentage of the construction
w ork portion of an enhancement project, as described below. Payment for all other work portions of
th e Proj ect, including for the design work, shall be on a reimbursement basi s, as described below.
A. P ursuant to FHWA 's a pproval u nder 23 U.S.C. § 13 3(e)(3)(B ), th e S tate wi ll p rovid e 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.
l . the State will provide advance payment to the Local Agency of 70% of the federal
funds budgeted and available for the construction of this transportation enhancement
project, in accord wi th 23 U.S.C . § 133(e)(3)(B and as descri b ed herein.
2. the Local Agency shall submit the following to th e State representative id entified 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,
Page 3 of 18
B.
C.
subject however to the prior perfonnance of the following : A) the satisfactory
completion of the design of the project; B) the State approving the Local Agency's
construction contract; and C) the State issuing to the Local Agency a Notice To
Proceed with the construction of the project.
4. the advanced funds shall be used by the local agency only for the perfonnance 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 perfonnance
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
1201h 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 tenns and conditions of this contract.
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 rev iew and approv 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.
The State will reimburse the Local Agency's reasonable, allocable, allowable costs of
performance of the Work, not ex ceeding the maximum total amount described in Exhibit C.
Th e applicabl e principl es desc ri bed in T itl e 49 , Code of Fed eral Regulation s, P art 18 (th e
"Common R ule"), Subpart C ("Financial Administration"), including 49 C.F.R. 18 .22, shall
govern the allowability and allocability of costs under this contract. The Local Agency shall
comply with all such principles. To be eligible for reimbursement, costs by the Local Agency
shall be:
1. in accordance with the provisions of Exhibit C and with the tenns and conditions of
th e contract.
2. necessary for accom p lishment of the Work .
3 . reasonable in amount for the goods and services provided .
4 . act ual net cost to the Local Agency (i.e ., the price paid minus any refunds, rebates, or
other items of value received by the Local Agency that have the effect ofreducing the
cost actually incurred).
5 . incurred for Work performed subsequent to the effective date of this contract.
Page 4 of 18
,
6.
..ecti8fHr. . . -::J)
1.
2.
satisfactorily documented.
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.
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.
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 CDOT 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.
Page 5 of 18
G . 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
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 . De si gn [if applicable]
1. If the Work includes preliminary design or final design (the "Construction P lans"), 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 . p erform or provide th e P lan s, to th e ex tent required b y th e nature o f the Work.
b. pre pare fina l design (Constru ction P lan s) in accord with th e requ irem ents of
the latest ed ition of the American Association of State Highway Transportation
Officials (AASHTO) manual or other standard, such as the Uniform Building
Code, as a pproved by C O OT.
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 COOT.
Page 6 of 18
(
(
d. include details of any required detours in the Plans, in order to prevent any
interference of the construction work and to protect the traveling public .
e . stamp the Plans produced by a Colorado Registered Professional Engineer.
f. provide final assembly of Plans and contract documents .
g . be responsible for the Plans being accurate and complete .
h. make no further changes in the Plans following the award of the construction
contract except by agreement in writing between the parties . The Plans shall
be considered final when approved and accepted by the parties hereto, and
when final they shall be deemed incorporated herein.
2. If the Local Agency is the responsible party:
a.
b.
C.
The local agency shall comply with the requirements of the Americans With
Disabilities Act (ADA), and applicable federal regulations and standards as
contained in the document "ADA Accessibility Requirements in COOT
Transportation Projects".
It shall afford the State ample opportunity to review the Plans and make any
changes in the Plans· that are directed by the State to comply with FHW A
requirements.
It may enter into a contract with a consultant to do all or any portion of the
Plans and/or of construction administration. Provided, however, that if
federal-aid funds are involved in the cost of such work to be done by a
consultant, that consultant contract (and the performance/provision of the
Plans under the contract) must comply with all applicable requirements of 23
CFR Part 172 and with any procedures implementing those requirements as
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 of 23 CFR 172 .5( 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 ens ur e that all changes in the consultant contrac t h ave pri or
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 consu ltant billings un der 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 .5(b) and (d).
(5) it may expedite any COOT approval of its procurement process and/or
Page 7 of 18
consultant contract by submitting a letter to COOT from the certifying Local
Agency 's attorney/authorized representative certifying compliance with
Exhibit Hand 23 CFR 172.S(b)and (d).
(6) it shall ensure that its consultant contract complies with the
requirements of 49 CFR 18.36(i) and contains the following language
verbatim:
(a) "The design work under this contract shall be compatible with
the requirements of the contract between the Local Agency and the
State (which is incorporated herein by this reference) for the
design/construction of the project. The State is an intended third party
beneficiary of this contract for that purpose."
(b) "Upon advertisement of the project work for construction , the
consultant shall make available services as requested by the State to
assist the State in the evaluation of construction and the resolution of
construction problems that may arise during the construction of the
project."
~ I.......-(C} "The consultant shall review the construction contractor's shop
drawings for conformance with the contract documents and
compliance with the provisions of the State's publication, Standard
Specifications for Road and Bridge Construction, in connection with
this work ."
d . The State, in its discretion , will review construction pla s, ec I p rovisions
and estimates and will cause the Local Agency to make change s 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 des ign plans and/or administer the construction all in
accord w ith th e Local Age ncy Contract Administration C h eckli st. Such administration
shall include project inspection and tes ting; approvi ng sources of materials;
performing required plant and shop inspections; documentation of contract payments,
testing and inspection activities; preparing and approving pay estimates; preparing,
approving and securing the funding for contract modification orders and minor
contract revisions; processing co ntrac to r claims; constru ction sup ervision; and meeting
th e Q ua lity Control requ ir em ent s o f th e FHW NC DO T Steward sh ip Agreement, as
described in th e Loca l Agency Contract Ad m ini stration C h ec kl ist.
2. The State shall have the auth ori ty to susp end th e Work, wholly or in part, by giving
written notice thereof to the Local Agency, d ue to th e fail ure of the Loca l Agency or
its contractor to correct project conditions w h ich are unsafe for workers or for such
periods as the State may deem necessary due to unsuitable weather, or for conditions
Page 8 of 18
(
3.
considered unsuitable for the prosecution of the Work, or for any other condition or
reason deemed by the State to be in the public interest.
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 .
( 1) 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 n 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 adv ertised 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 Acco unt Constructi on .
(1) Such work will normally be based upon estimated quantities and firm
unit prices agreed to between the Local Agency, the State an d FHW A
in advance of the Work, as provi ded for in 23 CFR 635 .2041. 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
Page 9 of 18
participate in the Work based on actual costs of labor, equipment
rental, materials supplies and supervision necessary to complete the
Work. Where actual costs are used, eligibility of cost items shall be
evaluated for compliance with 48 CFR Part 31.
(3) Rental rates for publicly owned equipment will be determined in
accordance with the State's Standard Specifications for Road and
Bridge Construction§ 109.04.
(4) All force account work shall have prior approval of the State and/or
FHW A and shall not be initiated until the State has issued a written
notice to proceed.
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 FHWA Form 1212 .
Section b. 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 Party will certify in writing to
the State that all right of way has been acquired in accordance with the applicable State and federal
regulations, or that no additional right of way is required.
Any acquisition/relocation activities must comply with all federal and state statutes,
regulations, COOT policies and procedures, 49 CFR Part 24, the government wide Uniform Act
regulation, the FHWA Project Development Guide and CDOT's Right of Way Operations Manual.
Allocation of Responsibilities can be as follows:
• Federal participation in right of way acquisition (3111 charges), relocation (3109
charges) activities, if any, and right of way incidentals (expenses incidental to
acquisition/relocation of right of way -3114 charges);
• Federal participation in right of way acquisition (3111 charges), relocation (3109
charges) but no participation in incidental expenses (3114 charges); or
• No federal participation in right of way acquisition (311 charges) and relocation
activities (3109 expenses).
Regardless of the option selected above, the State retains oversight responsibilities. The Local
Agency's and the State's responsibilities for ,ach option is specifically set forth in CDOT's Right of
Page 10 of 18
Way Operation Manual. The manual is located at
http://www .dot.state.co .us/DevelopProjects/DesignSupport.
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 have 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 timdy
application to the Public Utilities Commission requesting its order providing for the installation of the
proposed improvements and not proceed with that part of the Work without compliance. The
Responsible Party shall also establish contact with the railroad company involved for the purpose of
complying with applicable provisions of 23 CFR 646 , subpart B , concerning federal-aid projects
involving railroad facilities , including:
1. Executing an agreement setting out what work is to be accomplished and the
location(s) thereof, and that the costs of the improvement shall be eligible for federal
participation.
2. Obtaining the railroad 's detailed estimate of the cost of the Work.
3. Establishing 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 of accidental
destruction or damage to the installation .
Section 10. Environmental Obligations
The L ocal Agency shall perform all W ork in accordan ce with th e requ ir em ents of the current
federal and state environmental regulations including the National Environmental Policy Act of 1969
(NEPA) as applicable .
Section 11. Maintena nce Obli gation s
The Local Agency will maintain and operate the improvements constructed un der this contract
at its own cost and expense during their useful life, in a manner satisfactory to th e State and FHW A .
The Local Agency will make proper provisions for such maintenance obligations each year. Such
maintenance and operations shall be conducted in accordance with all app licable statutes, ordinances
and regulations which define the Local Agency's obligations to maintain such improvements . The
State and FHW A will make periodic inspections of the project to verify that such improvements 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 permit duly authorized agents and employees of the State
and FHW A 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.
'3 -Section b: Termination for Cause . If, through any cause, the Local Agency shall fail to fulfill, in
a timely and proper manner, its obli gations under this contract, or if the Local Agency
shall v iolate any of the covenants , agreements, or stipulations of this contract, the State
shall th ereupon have the ri ght to t erminate this contract fo r c ause b y giv ing wri tten
notice to the Local Agency of its intent to terminate and at least ten ( 10) days
opportunity to cure the default or show cause why termination is otherwise not
appropriate . In the event of termination, all finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs and reports or other material
prepared by the Local Agency under this contract shall, at the option of the State,
becom e its property, an d th e Local Agency shall be ent itl ed to receive just an d
equitab le comp ensation for any services and su pplies de livered and accepted . The
Local Agency sh all be obligated to return any payments advanced under the provisions
of this contract.
Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any
damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the
Page 12 of 18
{( State may withhold payment to the Local Agency for the purposes of mitigating its damages until such
\ time as the exact amount of damages due to the State from the Local Agency is determined .
If after such termination it is determined , for any reason, that the Local Agency was not in default
or that the Local Agency's action/inaction was excusable, such termination shall be treated as a
termination for convenience, and the rights and obligations of the parties shall be the same as if the
contract had been terminated for convenience, as described herein .
C. Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency
is to be paid, reimbursed, or otherwise compensated with federal and/or State funds which are
available to the State for the purposes of contracting for the Project provided for herein, and therefore,
the Local Agency expressly understands and agrees that all its rights, demands and claims to
compensation arising under this contract are contingent upon availability of such funds to the State. In
the event that such funds or any part thereof are not available to the State, the State may immediately
terminate or amend this contract.
Section 15. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this contract and that
it has taken all actions required by its procedures , by-laws, and/or applicable law to exercise that
authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the
Local Agency to its terms . The person(s) executing this contract on behalf of the Local Agency
1 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 act ivities under this contract and will also issue a "Notice to Proceed" to
th e Local Agency fo r commencement of the Work . All communications relating to the day-to-day
ac tivi tie s for th e work shall be ex changed between representati v es of the State's Transportation
Regi on 6 and th e Local Age ncy. All c ommun ication , notices , and correspondence shall be addre ssed
to the individuals identified below . Either p arty may fr om time to time designate in writi n g new or
substitute representatives .
If to State:
Carol Anderson
COOT Region 6 Project Manager
2000 South Holly Street
Denver, Colorado 80222
(303) 7 44-0512
Page 13 of 18
If to the Local Agency:
Dave Henderson
City of Englewood Public Works
1000 Englewood Parkway
Englewood, Colorado 80110
(303) 762-2506
Section 17. Successors
Except as herein otherwise provided , this contract shall inure to the benefit of and be binding
upon the parties hereto and their respective successors and assigns.
Section 18. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this
contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and
the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action
whatsoever by any other third person. It is the express intention of the State and the Local Agency
that any such person or entity, other than the State or the Local Agency receiving services or benefits
under this contract shall be deemed an incidental beneficiary only.
Section 19. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition of
this contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity
Act,§ 24-10-101 , et seq., C.R.S., as now or hereafter amended. The parties understand and agree that
liability for claims for injuries to persons or property arising out of negligence of the State of
Colorado , its departments, institutions, agencies , boards, officials and employees is controlled and
limited by the provisions of§ 24-10-101, et seq ., C.R.S., as now or hereafter amended and the risk
management statutes ,§§ 24-30-1501, et seq., C.R.S., as now or hereafter amended .
Section 20. Severability
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 ,
s uch inv al idity or failure shall not affec t th e v alidity of any other term or prov ision 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 U nderstanding
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 .
Page 14 of 18
Section 23. Survival of Contract Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all terms
and conditions of this contract and the exhibits and attachments hereto which may require continued
performance, compliance or effect beyond the termination date of the contract shall survive such
termination date and shall be enforceable by the State as provided herein in the event of such failure to
perform or comply by the Local Agency.
Section 24. Modification and Amendment
This contract is subject to such modifications as may be required by changes in federal or State
law, or their implementing regulations. Any such required modification shall automatically be
incorporated into and be part of this contract on the effective date of such change as if fully set forth
herein. Except as provided above, no modification of this contract shall be effective unless agreed to
in writing by both parties in an amendment to this contract that is properly executed and approved in
accordance with applicable law.
Section 25. 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.
I The funding letter shall not be deemed valid until it shall have been approved by the State Controller
or his designee.
Section 26. Disadvantaged Business Enterprise (DBE)
The Local Agency will comply with all requirements of Exhibit E and the Local Agency
Contract Administration Checklist regarding DBE requirements for the Work, except that if the Local
Agency desires to use its own DBE program to implement and administer the DBE provisions of 49
CFR Part 26 under this contract, it must submit a copy of its program 's requirements to the State for
review and approval before the execution of this contract. If the Lo cal Agency uses its program for
this contract, the Local Agency shall be solely responsible to defend that DBE program and its use of
that program against all legal and other challenges or complaints, at its sole cost and expense. Such
responsibility includes, without limitation, determinations concerning DBE eligibility requirements
and certification, adequate legal and factual bases for DBE goals and good faith efforts. State
approval (if provided) of the Local Agency's DBE program does not waive or modify the sole
responsibility of the Local Agency for its use as described above .
Section 27. Disputes
Except as otherwise provided in this contract, any dispute concerning a question of fact arising
under this contract which is not disposed ofby agreement will be decided by the Chief Engineer of the
Department of Transportation . The decision of the Chief Engineer will be final and conclusive unless,
within 30 calendar days after the date ofreceipt of a copy of such written decision, the Local Agency
Page 15 of 18
mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the
Department of Transportation. In connection with any appeal proceeding under this clause, the Local
Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal.
Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the
performance of the contract in accordance with the Chief Engineer's decision. The decision of the
Executive Director or his duly authorized representative for the determination of such appeals will be
final and conclusive and serve as final agency action. This dispute clause does not preclude
consideration of questions oflaw 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:
Section b . 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 cost.
Page 16 of 18
Section 29.
SPECIAL PROVISIONS
{For use 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 ass istant as he may des ignate .
2. FUND AVAILABILITY . CRS 24-30 -202 (5 .5)
Financial obl igations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropri ated, budgeted ,
and otherwise made ava il able .
3. INDEMNIFICATION .
To the extent authorized by law, the Contractor shall In demn ify, save, and hold harmless the State, Its employees and agents, against any and all claims,
damages, liability and court awards including costs, expenses, and attomey 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 th is 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 24·10-101 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 ANO NOT AS AN EMPLOYEE . NEITHER THE CONTRACTOR
NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL SE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL
PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES ANO INCOME TAX ANO LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS
CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR ANO ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS
UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE ANO 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 ANO KEEP IN FORCE WORKERS' COMPENSATION (ANO
PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) ANO UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED
BY LAW , ANO SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR , ITS EMPLOYEES AND AGENTS.
5. NON-DISCRIM INATION .
The contractor agrees to comply with the letter and the sp i rit of all applicable state and federal laws respecting discrim ination and unfair employment
practices .
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 here in by reference , wh ich provides for arbitration by any extra-judicial body or person or
wh ich is otherwise i n conflict with sa id laws , rules, and regulations shall be considered null and vo id . Noth ing conta ined In any prov ision incorporated here in
by reference which purports to negate th is or any other spec ial 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 provisi on rendered null and vo id by the operation of th is provisi on will not Invalidate the remainder
of this contract to the extent that the contract Is capable of execution .
At all t imes during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and State laws, rules , and regulations that
have been or may hereafter be established .
7. SOFTWARE PIRACY PROH IBITION Govemo~s Execut ive Order D 002 00
No State or other public funds payable under th is Contract shall be used for the acquisition , operation , or maintenance of computer software In violat ion of
Un ited States copyright laws or appl icable licensing restrictions. The Contractor hereby ce rtifies that, for the term of th is Contract and any extensions, the
Contractor has i n place appropriate systems and controls to prevent such Improper use of public funds . If the State determines that the Co ntr3ctor is in
viola t ion of this paragraph , the State may exerc ise any remedy available at law or equity or under this Contract, Including , w ithout limitation , Immed iate
terminatio n of the Con tract and any remedy cons istent with United States copyright laws or applicable licensing restrictions .
8 EMPLOYEE FINANCIAL INTEREST . CRS 24-18-201 & CRS 24-50-507
The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneflc1al Interest whatsoever In the service or
property described herein .
9 ILLEGAL ALIENS -PUBLIC CONTRACTS FOR SERVICES CRS 8-17 .5-101 and Publlc Law 208, 104" Congre11 , as amended and expanded In Publlc Law 15e , 108" Congre11 ,
as amended
The Contractor certifie~ that the Contractor shall comply with the provisions of CRS 8 ·17 .5-101 et seq . The Contractor shall not knowingly employ or contract
with an illega l alien to perform work under this contract or enter Into a contract with a subcontractor that knowingly employs or contracts with an Illegal alien .
The Contractor represents, warrants, and agrees that It (1) has verified that it does not employ any Illegal aliens, through participation In the Basic Pilot
Employment Verification Program administered by the Soc al Security Administration and Department of Homeland Security, or (II) otherwise will comply with
the requ irements of CRS 8-17 .5·101(2)(b)(I). The Contractor shall comply with all reasonable requests made In the course of an Investigation by the Colorado
Department of Labor and Employment. If the Contractor falls to comply with any requirement of th is provision or CRS 8 ·17 .5-101 et seq ., the State may
terminate this contract for breach and the Contractor shall be h~ble for actual and consequent al damages to the State .
A Contractor that operates as a sole proprietor hereby swears or affirms under penalty of perjury that the Contractor (I) 1s a citizen of the United States or otherwise
lawfully present ,n the Un ited States pursuant to federal law , (11) shall comply with the provisions of CRS 24 ·76 .5·101 et seq, and (Iii ) shall produce one of the forms
nf 1(1,.n ificat•on req ui red by CRS 24 · 76 .5 · 103 prior to the elfectlve date of th l Contract. Except where exempted by fedcr.il l.iw ond except as provided n CRS 24 -
76 .5· !03(3), a Contractor that receives federal or st1te funds under this contract must confirm th1t 1ny lnd iv ldu1I natural person eighteen yeers of 1ge or older Is
lawfully present In the United States pursuant to CRS 24 ·76 .5·103(4) ir such lndiv dual apples for public benefits provided under this contr1ct.
lftctl ve 01t1 of pee 11 Prov s ons: Augu t 7, 2006
P g 17 of 18
THE PARTIES HERETO HA VE EXECUTED THIS CONTRACT
CONTRACTOR:
City Of Englewood
Legal Name of Contracting Entity
846000583
Social Security Number or FEIN
Signature of Authorized Officer
Print Name & Title of Authorized Officer
CORPORATIONS:
(A corporate attestation is requ ired .)
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 requ ires 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
s igned and dated below . If performance begins prior to the date below, the State of Colorado may not be obligated to pay for
th e good s and/or services provided .
STATE CONTROLLER:
LESLIE M . SHEN EFEL T
BY---------------~
Date _______________ _
Effective Date : August 1, 2005
Page 18 of 18
(
Colorado Department of Transportation Orig in Date : 07 /25/2006 Project code : I 591 2 STIP number: DR6838
DESIGN DATA Revise Date : Project number: STE M395-013
PE Pro eel Code PE Proleci Number
r]Metrlc 0 Engllsh Revision#:
,•age 1 Region : 06
Status : • preliminary 0 final 0 revi sed
Prepared by: Revised by : Project description : PLA 1TE RIVER:ENGL WD GOLFCOURSE
Dave Henderson County1 : Arapahoe leounty2: leounty3:
Date : 07 /20 /2006 Date : Municipality : Englewood
Submitted by Proj .Mgr Approved by Preconstruction Engineer: System code: Other Federal-Aid Highway
ANDERSONCM· . .:-~ Oversight: Full Oversight (Non-NHS)
Date : 07/2 5/2006 Planned length:
Geographic location:
Platte Riv er approximately 400 feet N . of Oxford.
Terrain type : 0 Level 0 Plains 0 Rolling • Urban 0 Mountainous
Description of proposed construction/improvement (attach map showing site location)
Construct Bike/Ped bridge 250' across the Platte River North of Oxford Ave and 450' of bike paths to connect the Mary Carter Greenway. Project also
provides bike racks and lockers.
IITraffic (Note : use columns A , B. and/or C to identify facility described below)
Current year: --Future year: --F acilitv location
Facility ADT DHV DHV%trucks ADT DHV Industrial Commercial Residential Other
A l l J l J l J
B L L J D D
C I D D D D
illRdwyClaH Route Refpt Endrefpt Funct ional claHification Facility type Rural code
1. 999 Local Not Road w ay Not Road way
2 .
3.
Design Standards (ld,ntify substandard items with a checkma
A =
in 1st column and clarify in remarks)
B = C=
Standard Existing Proposed Ultimate Standard Existing Proposed Ultimate Standard Existing Proposed Ultimate
D Surface type
T yp ical section type D # of travel lanes D Width of trave l lanes D Shoulder wd . 11./median [] Shoulder wd rt/outside D Side slope dist. ("z") LJ Median width D Posted speed D Design speed D Max . superelevation D Min . radius I l Min . horizontal ssd I I
I l Min . vertical ssd
I l Max . grade
Project under O 1 R Q 3R Q 4R • Other.
V ri nee in minimum de lgn st11nd"rd required Q Y s • No
Justification attached R Request to be submitted
I Bridge (see item 4) See remarks
I Stage construction
Resurfacing projects
I 1 Recommendations ooncem ng safety aspect, attached
criteria
_ Safety project
Not an standards
addressed
1 of 2
Existing guardrail meets current standards : Q Yes Q No
Comments :
coor,_...,
Exhibit A
12/2003
Page2 Project Code : 15912 I Project Number: STE M395-013 I Revise Date :
II Major Structurea
~=to sta~. R=to be removed , P=ero~sed new structure I Standard Structure Horizontal Vertical Year
.,, ... ~, ... ft '"" I Lenath Ref. Point Feature Intersected Width Rdwv Load Clearance Clearance Built
Proposed treatment of bridges to remain in place (address bridge rail , capacity , and allowable surface thickness)
Project Characterl1tlc1 (proposed) Median type : 0 depressed O painted 0 raised e none
-Lighting -Handicap ramps Traffic control signals I !Striping
Curb and gutter Curb only Left-tum slots ii continuous width=
S idewalk width = ~ Bikeway width = 10' Right-tum slots I I continuous width=
Parking lane width = Detours Signing : I~ I construction l ~l permanent
Landscape requirements : (description) Other: (description)
Restore existing .
1;1 Right of Way Yes No Est. No . II Utllltlea (list names of known utility companies)
ROW and/or perm. easement required : 0 • Xcel Energy, Qwest, Comcast, Englewood Utilities, Denver
Relocation required : 0 • Water
Temporary easement required : 0 • Changes i n access : 0 • Changes to connecting roads : 0 • 1:11 Railroad cro11ing1 # of crossings :
Agreements
Railroad Name required Present protection Condition of x'ings
1 D
2 D
3 LJ
4 D
Recommendati on s :
!El Environmental
Type: CE Programmatic Categorical Exclusion #: 23 CFR 771 .117 paragraph (c) (3)
128 Initiation Date: 08/11/2006 Revision Date: Clearance Action Date :
Comments:
~ Coordin a tion
Withdrawn lands (power sites , reservoirs , etc.) cleared through BLM forest service office I Irrigation ditch name :
I I New traffic ordinance required I ] Modify schedule of existing ordinance I Municipality:
Other·
W Con1truct ion method noAdReason: 0 Design Q Local F/A
Entity/Agency contact name: Dave Henderson
Advertised by : 0 State Q P .O . Q RRF/A
• Loe.ii Q St11ny Q Utility F/A Phone number: 303-762-2506
O None Q CDOTF/A 0 Miscellaneous
W Remartla (Include additional pages If needed)
Original to: Centr I file Coplea to: Region F1 , Region Env ronmen I Program Manager , S ff ROW, Staff Bridge or other when al)pfOpriate
2 of 2 Exhibit A
(_
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
Exhibit B
EXHIBIT C FUNDING PROVISIONS STE M39S-013 (15912)
. ·.
A. The Local Agency has estimated the total cost the Work to be $129,000 .00 which is to be
funded as follows :
1 BUDGETED FUNDS
a . Federal Funds $103,200 .00
(80% of Participating Costs)
b. Local Agency Matching Funds $25,800 .00
(20% of Participating Costs)
Local Agency Matching for COOT -
c. Incurred Non-Participating Costs $0 .00
(Including Non-Participating Indirects)
TOTAL BUDGETED FUNDS $129,000.00
2 ESTIMATED COOT-INCURRED COSTS
a . Federal Share $0 .00
(80% of Participating Costs)
b . Local Share
Local Agency Share of Participating Costs $0 .00
Non-Participating Costs (Including Non-
Participating Indirects) $0 .00
Estimated to be Billed to Local Agency $0 .00
TOTAL ESTIMATED COOT-INCURRED COSTS $0 .00
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a . Federal Funds Budgeted (1a) $103,200.00
b . Less Estimated Federal Share of COOT-Incurred Costs (2a) $0 .00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $103,200 .00
FOR COOT ENCUMBRANCE PURPOSES
Total Encumbrance Amount $103,200 .00 divided by
80%)
$129 ,000 .00
Less ROW Acqu isition 3111 and/or ROW
Relocation 31 09 $0 .0(
Net to be encumbered as follows : $129 ,000 .0C
Des ign 2312 1P 3020 $129 ,000 .00
Const 2312 1P 3301 $0 .00
hibit -p l of2 Al 912
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 $129 ,000.00 ($103 ,200 .00 Federal Funds and $25 ,800.00 Local Agency Matching
Funds) that is eligible for federal participation , it being further understood that all
non-participating costs are borne by the Local Agency at 100%. If the total participating cost
of performance of the Work exceeds $129,000.00, 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 $129 ,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 $103,200.00
(For COOT accounting purposes, the federal funds of$ I 03 ,200.00 and local matching funds
of $25 ,800 .00 will be encumbered for a total encumbrance of $129,000.00), 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 . The p arti es hereto agree that this contract is contingent upon all funds d esign ate d for th e
project herein being made availab le from fe d eral and/or state and/or Local Agency so urces,
as applicable . Should these sources, either federal or Local Agency, fail to provide necessary
funds as agreed upon herein, the contract may be terminated by either party, provided that
any party terminating its interest an d o bl igatio ns h erei n shall not be re lieved of any
ob ligations which existed prior to the effective date of such termination or which may occur
as a result of such termination.
Exhibit C -Page 2 of2 , Al 912
,
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 of not less than $10,000 and not more
than $100,000 for each such failure .
The prospective participant also agree by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such subrecipients shall certify and disclose accordingly.
Required by 23 CFR 635.112
E hibit D -Page 1 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.
(, ,sequently, 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 COOT assisted contracts.
SECTION 3 DBE Program.
The contractor (subrecipient) shall be responsible for obtaining the Disadvantaged Business
Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall
comply with the applicable provisions of the program. (If applicable).
A copy of the DBE Program is available from and will be mailed to the contractor upon request:
Business Programs Office
Colorado Department of Transportation
4201 East Arkansas Avenue, Room 287
Denver, Colorado 80222-3400
Phone: (303) 757-9234
revised 1/22 /98 Required by 49 CFR Part 23.4 1
Exhibit E -Page 1 of 1
Exhibit F
COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT AUTHORITY :
.. ..-.INDING INCREASE/DECREASE AND APPROVAL LETTER Region : State Controller Policy letter on June 12, 1996
,mplete section 1 and submit to COOT Controller's office. COOT Controller letter on May 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
SECTION 1 CRealon use)
Date : (2) Project code (3)
To : COOT Controller {FAX #(303) 757-9573 or e-mail CONTROLLER) Project# (4)
From : Office : (5) Phone# (5) FAX# (5)
Region# (5)
COOT has executed a contract with : (6)
Address : (6)
FEIN# (6) Contract routing # (7) COFRS encumbrance# (indicate PO , SC or PG#)
(8)
Fund Orgn. Appro. Prgrm . Fune . Object/Sub -obj N/P GBL Reporting Catg . Proj/Sub/Phase
(9) (9) (9) (9) (9) (9) (9) (9) (9)
·i ginal contract amount Has a Budget Request been processed to cover the contract amount increase?
\ .. (10) ves no (14)
Previous Funding Letter(s) total Preparer's name (1 5)
$ (11)
(Fund in g letter #1 thru #__J PHONE NO :
This Funding Letter total Contract Administrator's/Business Manager's Approval
$ (12) (16)
(#__) PHONE NO :
Adjusted contract amount COOT Designee Approval
$ (1 3) (1 7) -.
Local Agency approval
(18)
SECTION 2 (Controller's Office use) (19)
Total allotment amount Commission budget
$ (1 9) $ (19)
If construct ion : CE charges Indirect chgs Adjusted contract amount plus total CE & indirect
_CE pool elig . (19) $ (19) $ (19) charges calculation S (19)
i have rev i ewed the financ i al status of the project, organizati on, grant and have determ i ned that sufficient funds are available
, cover this i ncrease , effective as of (19)
St at e Controller or Delegee Date
(2 0) (20)
Exhibit F -Page 1 of 1
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 M395-013 DR6838 15912 06
Project Location Date
Platte River: Englewood Golf Course
08/02/2006
Project Description
Platte River: Englewood Golf Course Bike & Pedestrian Bridge
Local Agency Local Agency Project Manager
City of Englewood Dave Henderson
CDOT Resident Engineer CDOT Project Manager
Tony Gross Carol Anderson
INSTRUCTIONS:
This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement.
The checklist becomes an attachment to the Local Agency agreement. Section numbers correspond to the applicable chapters
of the COOT Local Agency Manual.
The checklist shall be prepared by placing an "X" under the responsible party , opposite each of the tasks . The "X" denotes the
party responsible for initiating and executing the task . Only one responsible party should be selected . When neither CDOT nor
the Local Agency is responsible for a task, not applicable (NA) shall be noted . In addition , a "#" will denote that CDOT 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 detennine who will perform all other tasks that are the responsibility of CDOT.
1
The checklist shall be prepared by the CDOT 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
CDOT Resident Engineer, 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 Rev iew to ensure consistency with STIP and amendments thereto X
FEDERAL FUNDING OBLIGATION AND AUTHORIZATION
4 -1 Authoriz e fund ing by phases (CDOT Form 418 -Federa l-aid Progra m Data . Requ ires FHWA X
co ncu rrence/involvement)
PROJECT DEVELOPMENT
5-1 Preoare Desian Data -CDOT Form 463 X X
5-2 Prepare Local Agency/COOT 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 oublic involvement X
5-6 Conduct Field Inspection Review X X
5-7 Conduct environmental processes (may require FHWA concurre nce/involvement) X X
5-8 Acauire riaht-of-wav (mav reauire FHW A concurrence/involvement) X
5-9 Obtain utility and railroad agreements X
5-10 Conduct Final Office Review X X
5-11 Justifv force account work bv the Local Agencv X
5-12 Justify proprietary items X
5-13 Document design exceptions -CDOT Form 464 X
5-14 Preoare olans , soecifications and construction cost estimates X
5-15 Ensure authorization of funds X
COOT Form 1243 07/02 Page1 of 4
Previous editions are obsolete and may not be used
Exhibit G
RESPONSIBLE
NO. DESCRIPTION OF TASK PARTY
LA COOT
PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE
6-1 Set Underutilized Disadvantaged Business Enterprise (UBDE) goals for consultant and X
construction Contracts (COOT Region EEO/Civil Rights Specialist)
6-2 Determine applicability of Davis-Bacon Act X
This project D 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.)
08/02/2006
COOT Resident Enaineer Date
6-3 Set On-the-Job Training goals . Goal is zero if total construction is less than $1 million (COOT X
Region EEO/Civil Rights Specialist) • Ensure the correct Federal Wage Decision, all required Disadvantaged Business X
Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included in the
Contract (COOT Resident Enaineerl
ADVERTISE, BID AND AWARD
7-1 Obtain approval for advertisement period of less than three weeks X
7-2 Advertise for bids X
7-3 Distribute "advertisement set" of plans and specifications X
7-4 Review worksite and plan details with prospective bidders while project is under X
advertisement
7-5 Open bids X
7-6 Process bids for compliance
•
Check COOT Form 715 -Certificate of Proposed Underutilized DBE Participation when the
low bidder meets UDBE aoals X
' Evaluate COOT Form 718 -Underutilized DBE Good Faith Effort Documentation and
' determine if the Contractor has made a good faith effort when the low bidder does not meet X .. DBE aoals
:ffle:":', Submit required documentation for COOT award concurrence X
7-7 Concurrence from COOT to award X
7-8 Aoorove reiection of low bidder X
7-9 Award Contract X
7-10 Provide "award" and "record" sets of plans and soecifications X
CONSTRUCTION MANAGEMENT
8-1 Issue Notice to Proceed to the Contractor X
8-2 Conduct conferences :
Preconstruction (Appendix Bl X
Presurvey
• Construction staking X
• Monumentation
~ Partnering (Ootionall X
Structural Concrete Pre-Pour (Aaenda is in COOT Construction Manual) X
7 Concrete Pavement Pre-Paving (Agenda is in COOT Construction Manual) X ~ HBP Pre-Paving (Agenda is in COOT Construction Manual) X
8-3 Develop and distribute Public Notice of Planned Construction to media and local residents X
8-4 Suoervise construction
A Professional Engineer (PE) registered in Colorado, who will be "in responsible charge of
I~~-construction supervision .·
X
1/'lii rso {Consultant)
Local Agency Professional Engineer or Phone number
"4 ' COOT Resident Engineer
COOT Fonn 1243 07/02 Page2 of 4
Previous editions are obsolete and may not be used
)
.•.
I
Exhibit G
RESPONSIBLE
NO. DESCRIPTION OF TASK PARTY
LA COOT Ill Provide rompetent, e,penenced staff who wm ens,.e the Contract won< Is ronstructed In
accordance with the plans and specifications X
Construction inspection and documentation X
8-5 Aoorove shop drawings X
8-6 Perform traffic control insoections X
8-7 Perform construction surveying X
8-8 Monument right-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.
Lar!Y Nimmo 303-762-2504
Local Aoency Representative Phone number
8-10 Preoare and aoorove interim and final utilitv/railroad billinas X
8-11 Prepare Local Aoency reimbursement reauests X
8-12 Prepare and authorize change orders X
8-13 Aoorove all change orders X X
8-14 Monitor project financial status X
8-15 Preoare and submit monthly 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
Ton~ Gross 303-972 -9112
COOT Resident Enoineer Phone number
MATERIALS
9-1 Conduct Materials Preconstruction meeting X
9-2 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
• Complete and distribute form after work is completed
9-3 Perform proj ect acceptance sampl es and tests X
9-4 Perform la bo rato ry ve rification tests X
9 -5 Accept manufactured products
Inspection of structural components : X
• Fabrication of structural steel and pre-stressed concrete structural components
• Bridge modular expansion devices (O " to 6" or greater)
• Fabrication of bearing devices
9 -6 Aoorove sources of materials X
9-7 Independent Assurance Testing (IAT), Local Agency Procedures U COOT Procedures 181
• Generate IAT schedule X
• Schedule and provide notification X
• Conduct IAT X
9 -8 Approve mix designs X
• Concrete X
• Hot bituminous pavement X
9 -9 Check final materials documentation X
9 -10 Complete and d istribute final materials documentation X
COOT Form 12,3 07/02 Page3 of,
Prev loua ed ition• are obsolete and m · not be used
Exhibit G
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
10-1 Fulfill project bulletin board and preconstruction packet reouirements
10-2 CDOT Form 205 -Sublet Permit Application
Review and sign completed CDOT Form 205 for each subcontractor, and submit to
EEO/Civil Riahts Soecialist
10-3 Conduct employee interviews . Complete CDOT Form 280 -Equal Employment Opportunity
and Labor Compliance Verification
10-4 Monitor Disadvantaged Business Enterprise participation to ensure compliance w ith the
"commerciallv useful function" reouirements
10-5 Conduct trainee interviews . Complete COOT Form 200 -OJT Training Questionnaire when
project utilizes on-the-job trainees
10-6 Check certified payrolls (Contact the Reaion EEO/Civil Riahts Soecialists for trainina reauirements.)
10-7 Submit FHWA Form 1391 -Highway 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 CDOT Form 1212 -Final
Acceptance Report (Resident Engineer with mandatory Local Agency participation .)
Write final project acceptance letter
Advertise for final settlement
Prepare and distribute final As-Constructed plans
Check final ouantities final olans and the final oav estimate
Check material documentation and submit final material certification (see Chapter 9)
Obtain CDOT Form 17 -Contractor DBE Payment Certification from the Contactor and
submit to the Resident Engineer
Process final payment
Obtain FHWA Form 47 -Statement of Materials and Labor Used ...
Comolete and submit CDOT Form 950 -Proiect Closure
Reta in project records for six vears from date of project closure
Retain final version of this checklist and distribute cooies
cc: CDOT Resident Engineer/Project Manager
CDOT Region Program Engineer
CDOT Region EEO/Civil Rights Specialist
CDOT Region Materials Engineer
CDOT 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
X
COOT Form 1243 07/02 P•,;j. of 4
Previous editions are obsolete and may not be used
-----
Exhibit H
THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL-AID
PROJECT AGREEMENTS WITH PROFESSIONAL CONSULT ANT SERVICES
Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded local agency project agreement
administered by CDOT that involves professional consultant services . 23 CFR 172 and 23 CFR 172( 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
CDOT.
CDOT has formulated its procedures in Procedural Directive (P .D.) 400 .1 and the related operations guidebook titled
"Obtaining Professional Consultant Services". This directive and guidebook incorporate requirements from both Federal
and State regulations, i.e ., 23 CFR 172 and Colorado Revised Statute (C .R.S .) 24 -30-1401 et seq. Copies of the directive
and the guidebook may be obtained upon request from CDOT's Agreements and Consultant Management Unit. [Local
agencies should have their own written procedures on file for each method of procurement that addresses the items in 23
CFR 172 .5(b)(l-6)).
Because the procedures and laws described in the Procedural Directive and the guidebook are quite lengthy, the
subsequent steps serve as a short-hand guide to CDOT procedures that a local agency must follow in obtaining
professional consultant services . This guidance follows the format of 23 CFR 172. The steps are :
1. The contracting local agency shall document the need for obtaining professional services .
2 . Prior to solicitation for consultant serv ic es, the contract ing local agency shall develop a detailed scope of work
and a list of evaluation factors and their relative importance . The evaluation factors are those identified in C.R.S.
24 -30-1403. Also, a detailed cost estimate should be prepared for use during negotiations .
3 . The contracting agency must advertise for contracts in conformity with the requirements ofC.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 services 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)
partici pation as a minimum for the project.
5. The anal ys is and sel ection of the c onsultants should be done in accordance with C .R.S . 24-3 0-1403 . This section
of th e r egulation identifie s the criteria to b e used in the evaluation ofCDOT pre-qualifi ed prime consul tants an d
their team. It also shows which criteria are used to short-list and to make a fi nal selection.
The short-list is based on the following evaluation factors :
a . Qualifications,
b . Ap proach to the project,
c . Ab ility to furn is h professi onal services .
d . Antici pated design conce pts, an d
e . Alternative me thod s of approach fo r furnis hing the professiona l services .
Eval uation factors for final se lection are the consultant'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 p reviously 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 performance evaluation (a COOT 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) ste ps just d iscussed.
Exhibit H -Page 2 of 2
~~------
Exhibit I
FHWA-1273 Electronic version -March 10 , 1994
FHWA Form 1273
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General ..................................................................... 1
II. Nondiscrimination..................................................... 1
Ill. Nonsegregated Facilities .......................................... 3
IV. Payment of Predetermined Minimum Wage ............ 3
V. Statements and Payrolls ........................................... 6
VI. Record of Materials, Supplies, and Labor ................ 6
VII. Subletting or Assigning the Contract ........................ 7
VIII. Safety: Accident Prevention .................................... 7
IX. False Statements Concerning Highway Projects ..... 7
X. Implementation of Clean Air Act and Federal
Water Pollution Control Act ....................................................... 8
XI. Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion ......................................... 8
XII. Certification Regarding Use of Contract Funds for
Lobbying ..................................................................................... 9
ATTACHMENTS
A . Employment Preference for Appalachian Contracts
(included in Appalachian contracts only)
I. GENERAL
1. These contract provisions shall apply to all work performed
on the contract by the contractor's own organization and with the
assistance of workers under the contractor's immediate superin-
tendence and to all work performed on the contract by piecework,
station work, or by subcontract.
2 . Except as otherwise provided for in each section, the
contractor shall insert in each subcontract all of the stipulations
contained in these Required Contract Provisions, and further
requ ire the ir inclusion in any lower tie r subcontract or purchase
order that may in tum be made . The Requ ired 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
Con tract Provisions .
3 . A breach of a ny of the stipulati ons co nta ined in th ese
Required Contra ct Provisi on s shall be sufficient gro unds fo r
termination of the contract.
4 . A breach of the following clauses of the Required Contract
Provisions may also be grounds for debarment as provided in 29
CFR 5 .12 :
Section I, paragraph 2 ;
Section IV , paragraphs 1, 2 , 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g .
5 . 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
clause of this contract . Such disputes shall be resolved In accor-
dance w ith the procedures of the U .S. Department of Labor (DOL)
as set forth in 29 CFR 5, 6 , and 7 . Disputes within the meaning of
this cla use include disputes 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 . discrim inate 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 th is 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 ~ HSI,.)
set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by
reference In this contract . In the execution of th is 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 po li cy the
following statement:
"It is the pol icy of th is Company to ass ure th at applica nts are
employed , and that employees are treated during employ-
ment, without regard to their race , religion , sex , color,
national origin , age or disability. Such action shall include :
employment, upgrading , demotion , or transfer. recruitment or
recruitment advertising ; layoff or termination ; rates of pay or
other forms of compensation ; and selection for tra ining ,
including apprenticeship , preapprenticeship , and/or
on-the-Job training .•
2 . EEO Officer: The contractor will designate and make
known to the SHA contracting officers an EEO Officer who will
have the responsibility for and must be capable of effectively
administering and promoting an active contractor program of EEO
and who must be assigned adequate authority and responsibility
to do so.
3. DlaH mlnatlon of Polley: 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
substantlally Involved In such action , will be made fully cognizant
Exhibit I -Pagel of9
of, and will implement, the contractor's EEO policy and contractual
responsibilities to provide EEO In each grade and classification of
employment. To ensure that the above agreement will be met , the
following actions will be taken as a minimum :
a . Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then not
less often than once every six months , at which time the 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 Opportun ity 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 derived .
a . The contractor will , unless precluded by a valid barga in-
ing agreement, conduct systematic and direct recruitment through
public and private employee referral sources likely to yield
qualified 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 applicants may be referred to the
contractor for employment consideration .
b . In the event the contractor has a valid bargaining agree-
ment providing for exclusive hiring hall referrals , he is expected to
observe the provi sions of that agreement to the extent that the
sys tem perm its the contractor's compl iance w ith EEO contract
provisi ons . (The DOL has held that where implementation of such
agreements have the effect of discriminating against minoriti es or
women , or obligates the contractor 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 Actions: Wages , working conditions , and
employee benefits shall be established and adm inistered , and
personnel actions of every type , incl uding hiring , upgrad ing,
promotion , transfer , demotion, layoff, and term ination , shall be
taken without regard to race . color , religion , sex , national origin ,
age or disability. The following procedures shall be followed :
a . The contractor will conduct periodic inspections of
project sites io insure that work ing conditions and employee
facilities do not indicate discriminatory treatment of project site
personnel.
b . The contractor will periodically evaluate the spread of
wages p Id within each classification to delerrnlne any evidence of
Exhibit I
discriminatory wage practices .
c . The contractor will periodically review selected personnel
actions in depth to determ ine whether there is evidence of
discrim ination . Where evidence Is found , the contractor will
promptly take corrective action . If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons .
d . The contractor will promptly investigate all complaints of
alleged discrimination made to the con tractor in connection with
his obligations under this contract , will attempt to resolve such
complaints, and will take appropriate corrective action within a .
reasonable time . If the investigation Indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons . Upon
completion of each investigation, the contractor will inform every
complainant of all of 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 permissible under Federal and State regulations , the
contractor shall make full use of train ing programs, i.e.,
apprenticeship, and on-the-Job training programs for the
geographical area of contract performance . Where feasible, 25
percent of apprentices or trainees in each occupation shall be in
their first year of apprenticeship or training . In the event a special
provision for train ing 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
requirements for each .
d . The contractor will periodically review the tra ining and
promotion potential of minority group and women employees and
will encourage elig ible employees to apply for such tra ining and
promotion .
7 . Unions: If the contractor relies 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
opportunities for m inori ty groups and women with in the unions,
and to effect referrals by such un ions of minority and female
employees . Actions by the contractor either directly or through a
contra ctor's associ ation acti ng as agent will include the
proce dures set forth below:
a . The contractor will use best efforts to develop , in
cooperation with the unions , joint tra ini ng 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 tha t they may qualify for higher
paying employment.
b . The contracto r will use be st effort s to incorporate an
EEO clause into each union agreement to the end that such union
will be contractually bound to refer applica nts wi tho ut regard to
the ir race, color , religion, sex , national origin , age or disability.
c . The contractor Is to obtain Information as to the referral
practices and policies of the labor union except that to the extent
such 1nforma1ton is with in the exclus ive possession of the labor
union and such labor un ion refuses to furnish such information to
the contractor, the contractor shall so certify to the SHA and shall
set forth what efforts have been made to obtain such information .
d . In the event the union Is unable to provide the contractor
Exhibit I -Page 2 of 9 REQUIRED BY 23 CFR 633 .102
with a reasonable flow of minority and women referrals with in the
time limit set forth In the collective bargaining agreement, the
contractor will, through independent recruitment efforts, fill the
employment vacancies without regard to race , color, religion , sex ,
national origin, age or disability; making full efforts to obtain
qualified and/or quallfiable 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 union referral practice prevents the contractor
from meeting the obligations pursuant to Executive Order 11246,
as amended, and these special provisions, such contractor shall
immediately notify the SHA.
8 . Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not discriminate
on the grounds of race, color, religion , sex , national origin, age or
disability in the selection and retention of subcontractors , including
procurement of materials and leases of equipment.
a . The contractor shall notify all potential subcontractors
and suppliers of his/her EEO obligations under th is 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 their
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 the ir EEO obligations.
9. Records and Reports : The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of three
years following completion of the contract work and shall be
available at reasonable times and places for inspection by autho-
rized representatives of the SHA and the FHWA.
a . The records kept by the contractor shall document the
following :
(1) The number of m inority and non-minority group
members and women employed in each work classification on the
p roject;
(2 ) The progress and efforts being made in cooperation
wit h unions, when applicable , to increase employment opportuni-
ties for mi no rities a nd wom en ;
(3) The progress and efforts being made in locating ,
hiring , training, qualifying, and upgrading minority and female
employees; and
(4) The progress and efforts being made in securing
the services of DBE subcontractors or subcontractors with
meaningful minority a nd female re presentation a mong their
employees .
b . The contractors will submit an annual report to the SHA
each July for the duration of the project, indicating the number of
minority, women, and non-minority group emplo yees currenUy
engaged in each work classification required by the contract work .
This information is to be reported on Form FHWA-1391 . If on-the
job training is being requ ired by special provision, the contractor
will be required to collect and report training data .
Ill. NONSEGR EG ATE D FAC ILITIES
(Applicable to all Federal-aid 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 consummaUon of this 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
th is contract. The firm further certifies that no employee will be
denied access to adequate facilities on the basis of sex or
d isability.
b. As used in this certification , the term •segregated
facilities• means any waiting rooms, work areas , restrooms and
washrooms , restaurants and other eating areas, timedocks, 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
d isabled when the demands for accessibility override (e .g.
disabled parking).
c. The contractor agrees that It has obtained or will obtain
identical certification from proposed subcontractors or material
suppliers prior to award of subcontracts or consummation of
material supply agreements of $10,000 or more and that it will
retain such certifications in its files .
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal-aid construction contracts exceed ing
$2 ,000 and to all related subcontracts , except for projects located
on roadways classified as local roads or rural minor collectors ,
which are exempt.)
1. General:
a . All mechanics and laborers employed or working upon
the site of the work will be paid unconditionally and not less often
than once a week and without subsequent deduction or rebate on
any account [except such payroll deductions as are permitted by
regu lati ons (29 CFR 3) issued by th e Secretary of Labor under the
Co peland A ct (40 U.S .C . 276c)J th e full amounts of wage s and
bona fi de fri nge benefits (or ca sh equiva lents the reof) due at ti me
of payment. T he payment shall be computed at wa ge rates not
less than those contained in the wage d eterminati o n of the
Secretary of Labor (hereinafter "the wage determination") which is
attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the
contractor or its subcontractors and such laborers and mechanics.
The wage determination (including any additional classlficaUons
and wage rates conformed under paragraph 2 of this Section IV
and the DOL poster (WH-1321) or Form FHWA-1495) shall be
posted at all times by the contractor and its subcontractors at the
site of the work in a prominent and accessible place where It can
be easlly seen by the workers . For the purpose of this Section ,
contributions made or costs reasonably anticipated for bona fide
fringe benefits under Section 1(b)(2) of the Davis-Bacon Act (40
U .S .C . 276a) on 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 contnbutions made or costs incurred for more
than a weekly period (but not le11 often than quarterly) under
plans, funds, or programs , which cover the particular weekly
period , are deemed to be constructively made or incurred during
such weekly period . Such laborers and mechanics shall be paid
the ppropriate wage rate and fringe benefits on the wage
Exhibit I -Page 3 of 9 REQUIRED Y 23 CFR 633 ,102
determination for the classification of work actually performed,
without regard to skill , except as provided in paragraphs 4 and 5
of this Section IV.
b. Laborers or mechanics performing work in more than
one classification may be compensated at the rate specified for
each classification for the time actually worked therein, provided ,
that the employer's payroll records accurately set forth the time
spent in each classification in which work is performed .
c . All rulings and interpretations of the Davis-Bacon Act and
related acts contained in 29 CFR 1, 3, and 5 are herein incorpo-
rated by reference in th is contract.
2 . Classlflcatlon:
a . The SHA contracting officer shall require that any class
of laborers or mechanics employed under the contract, wh ich is
not listed in the wage determ ination, 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
fr inge benefits, bears a reasonable relationsh ip to the wage rates
conta ined in the wage determ ination ; and
(4) with respect to helpers , when such a classification
prevails in the area in wh ich the work is performed .
c. If the contractor or subcontractors , as appropriate , the
laborers and mechanics (if known) to be employed in the add ition-
al classification or the ir representatives , and the contracting officer
agree on the classification and wage rate (including the amount
designated for fr inge benefits where appropriate), a report of the
acti on taken shall be sent by the contracting officer to the DOL ,
Adm inistrator of the Wage and Hour Division , Employment Stan -
dards Adm inistration , Wash ington , D .C . 20210 . The Wage and
Hour Administrator , or a n authori zed representative , w ill approve,
modify, o r disa pprove every add itional clas sifi cation acti on w ith in
30 days o f rece ipt and so advise the contracting officer or w ill
notify the contracti ng offi ce r wi thin the 30-da y period that
additional time is necessary.
d . In the event the contractor or subcontractors , as appro-
priate , the laborers or mechanics to be employed in the additional
class ification 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 Admin istrator, or an authorized represen-
tative , will issue a determination within 30 days of receipt and so
adv ise the contracting officer or will notify the contracting officer
w ith in the 30 -day period that additional time Is necessary
e . The wage rate (including fringe benefits where appropri-
ate) determin ed pursuant to pa rag raph 2c or 2d or LI is Section IV
shall be pa id to all workers perform ing work in the additional
cl ass ification from the first day on wh ich work is performed in the
cl ass ificallon .
3 . Payment of Fringe Benefits :
Exhibit I
a . Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate , the contractor or
subcontractors, as appropriate , shall either pay the benefit as
stated in the wage determ ination or shall pay another bona fide
fri nge benefit or an hourly case equ ivalent thereof.
b. If the contractor or subcontractor, as appropriate , does
not make payments to a trustee or other third person , he/she may
cons ider as a part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program , provided , that the Secre-
tary of Labor has found , upon the written request of the contractor,
that the applicable standards of the Davis-Bacon Act have been
met. The Secretary of Labor may require the contractor to set
aside in a separate account assets for the meeting of obligations
under the plan or program .
4 . Apprentices and Tra inees (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 reg istered in a bona fide
apprenticeship program reg istered with the DOL , Employment and
Training Adm inistration, Bureau of Apprenticeship and Training, or
with a State apprenticeship agency recognized by the Bureau , or if
a person is employed in his/her first 90 days of probationary
employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has
been certified by the Bureau of Apprenticesh ip and Training or a
State apprenticeship agency (where appropriate) to be elig ible 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 reg is-
tered or otherwise employed as stated above , shall be paid not
less than the applicable wage rate listed in the wage determ ina-
tion for the classification of work actually performed . In add ition ,
any apprentice perform ing work on the job site in excess of the
ratio perm itted under the reg istered program shall be pa id not less
than the applicable wage rate on the wage determ ination for the
work actually performed . Where a contractor or s ubcontractor is
perform ing construction on a project in a local ity other than tha t in
wh ich its program is reg iste red , the ratios and wage rates (ex-
presse d in perce ntages of the j ou rn eym an-level hou rl y 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 th e appl ica bl e wage determination.
Appren tices shall be paid fringe benefi ts in accorda nce 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 RE UIREO 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 , tra inees 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 Tra in ing Adm in istration .
(2) The ratio of tra inees 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 i n a training plan approved by the
Employment and Training Admin istration shall be paid not less
than the applicable wage rate on the wage determination for the
classification of work actually performed . In addition, any trainee
performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work
actually performed .
(3) Every trainee must be paid at not less than the rate
specified in the approved program for his/her level of progress,
expressed as a percentage of the journeyman-level hourly rate
specified in the applicable wage determination . Trainees shall be
paid fringe benefits in accordance with the provisions of the
trainee program . If the trainee program does not mention fringe
benefits , trainees shall be paid the full amount of fringe benefits
listed on the wage determination unless the Administrator of the
Wage and Hour Division determines that there is an apprenti ce-
sh ip program associ ated w ith the correspond ing j ourneyman-level
wage rate on the wage determination wh ich provides for less than
full fringe benefits for apprentices, in which case such trainees
shall receive the same fringe benefits as apprentices .
(4) In the event the Employment and Tra ining
Adm inistration withdraws approval of a tra ining program , the
contractor or subcontractor will no longer be permitted to util ize
tra inees at less than the appl icable predetermined rate for the
work performed un ti l an acceptable p rogram is approved .
c . Helpers :
He lpers w ill be permitted to w ork on a proj ect if the
hel per cl assifi cati on is specified and defined on th e applicab le
wage determinati on o r is approved pu rs uant to the confo rm ance
procedure set fo rth in Secti on IV .2. Any wo rke r listed on a pa yroll
at a helper wage rate , who is not a helper under a a pproved
definition , shall be paid not less than the applicable wage rate on
the wage determination for the cl assification of work actually per-
fo rm ed .
5. App rentices and Trainees (Programs of the U .S . Don:
Apprentices and trainees worki ng under apprenticeship and
sk ill train ing programs wh ich have been certified by the Secretary
of Transportation as promoting EEO In connection with Federal-
a id h ighway construction programs are not subject to the require-
ments of paragraph 4 of th is Section IV. The stra ight time hourly
wage rate s for apprentices and tra inees under such programs will
be established by the particular p rograms . The ratio of apprentic-
e s and tra inees to j ourneymen shall not be greater than permitted
by th e term s of th e particul ar program .
6 . Withholding :
The SH A shall upon its own action or u pon written request
of an au thorized representative of th DOL wi th hold , or cause to
be withheld. from the contractor or subcontractor under this
Exhibit I
contract or any other Federal contract with the same prime
contractor, or any other Federally-assisted contract subject to
Davis-Bacon prevailing wage requirements which is held by the
same prime contractor, as much of the accrued payments or
advances as may be considered necessary to pay laborers and
mechanics , including apprentices, trainees , and helpers , em-
ployed by the contractor or any subcontractor the full amount of
wages required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or helper,
employed or working on the site of the work, all or part of the
wages required by the contract , the SHA contracting officer may,
after written notice to the contractor , take such action as may be
necessary to cause the suspension of any further payment,
advance , or guarantee of funds until such violations have ceased .
7 . Overtime Requirements:
No contractor or subcontractor contracting for any part of
the contract work which may require or i nvolve the employment of
laborers , mechanics , watchmen , or guards (including apprentices,
trainees , and helpers described in paragraphs 4 and 5 above)
shall require or permit any laborer, mechanic, watchman , or guard
in any workweek in which he/she is employed on such work, to
work In excess of 40 hours in such workweek unless such laborer,
mechanic, watchman , or guard receives compensation at a rate
not less than one-and-one-half times h is/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 h is/her unpaid wages . In
addition , such contractor and subcontractor shall be liable to the
United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such
territory) for liquidated damages. Such liquidated damages shall
be computed with respect to each individual laborer, mechanic,
watchman , or guard employed in violation of the clause set forth in
paragraph 7 , in the sum of $1 O for each calendar day on wh ich
such employee was requ ired 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 representati ve of the DOL withhold , or cause to be
withheld , from any monies payable on account of work performed
by th e contractor or s ubcontractor under any such contract o r any
other Federal con tract with the same prime co ntra ctor, or any
other Federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which i s held by the same prime
contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth
in paragraph 8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal-aid construction contracts exceeding
$2 ,000 and to all related subcontracts , except for projects located
on roadways classified as local roads or rural collectors , wh ich are
exempt.)
1. Comp liance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of
the Secretary of Labor wh ich are herein Incorporated by reference .
2. Payrolls and Payroll Records :
Exhibit I -Page 5 of 9 REQUIRED BY 23 CFR 633 .102
a . Payrolls and basic records relating 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 for all laborers , mechanics ,
apprentices , trainees , watchmen , helpers , and guards working at
the site of the work.
b . The payroll records shall conta in the name , social
security number, and address of each such employee ; his or her
correct classification ; hourly rates of wages pa id (includ ing rates of
contributions 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
ind icating whether the employee does , or does not, normally
reside in the labor area as defined in Attachment A, paragraph 1.
Whenever the Secretary of Labor, pursuant to Section IV,
paragraph 3b, has found that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated
in providing benefits under a plan or program described in Section
1(b)(2)(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 trainees under approved programs shall maintain
written evidence of the registration of apprentices and trainees ,
and ratios and wage rates prescribed in the applicable programs .
c . Each contractor and subcontractor shall furnish , each
week in which any contract work is performed , to the SHA res ident
eng ineer a payroll of wages pa id each of Its employees (includ ing
apprentices , trainees , and helpers , described in Secti on IV, para-
graphs 4 and 5 , and watchmen and guards engaged on work
du ri ng 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 this Section V .
Th is information may be subm itted in any form desired . Optional
Form WH-347 is avai lable for this purpose and may be purchased
from the Superintendent of Documents (Federal stock number
029-005-0014-1), U .S . Government Pri nting Office , Washington ,
D .C . 20402 . The pri me contractor is responsible for the submis-
sion of copies of payrolls by all subcontractors.
d . Each pa yroll subm itted shall be accom pan ied by a
"Statement of Compli an ce," si gned by the contractor o r subcon-
tractor or his/her agent w ho pays or supervises the paym ent of the
persons employed under th e co ntract and shall certify the follow-
ing :
( 1) that the payroll for the payroll period contains the
information required to be maintained under paragraph 2b of this
Section V and that such information is correct and complete ;
(2) that such laborer or mechanic (including each
helper, apprentice , and trainee) employed on the contract during
the payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirecUy, and that no deductions
have been made either directly or indirecUy 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 pa id not
less that the applicable wage rate and fringe benefits or cash
equivalent for the classification ofworlo.ed performed, as pecined
in the applicable wage determination incorporated Into the
contract.
e . The weekly submission of a properly executed certifica-
tion set forth on the reverse side of Optional Form WH-347 shall
Exhibit I
satisfy the requirement for submission of the "Statement of
Compliance" requ ired by paragraph 2d of this Section V .
f . The falsification of any of the above certifications may
subject the contractor to civil or criminal prosecution under 18
U.S.C . 1001 and 31 U .S .C . 231.
g . The contractor or subcontractor shall make the records
requ ired under paragraph 2b of this Section V available for
in spection, copying , or transcription by authorized representatives
of the SHA, the FHW A , 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 submit the required
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
suspension of any further payment, advance, or guarantee of
funds . Furthermore, failure to subm it the required records upon
request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5 .12 .
VI . RECORD OF MATERIALS, SUPPLIES, AND LABOR
1. On all Federal-a id contracts on the National Highway
System , except those which provide solely for the Installation of
protective devices at railroad grade crossings , those which are
constructed on a force account or direct labor basis , highway
beautification contracts, and contracts for which the total final
construction cost for roadway and bridge Is less than $1 ,000,000
(23 CFR 635) the contractor shall :
a . Become familiar with the list of specific materi als and
supplies conta ined In Form FHWA-47 , "Statement of Materials
and Labor Used by Contractor of Highway Construction Involving
Federal Funds ," pri or to the commencement of work under th is
contract.
b . Ma inta in a record of the total cost of all materi als and
supplies purchased for and incorporated In the work , and also of
the quantities of those specific materi als and supplies li sted on
Form FHWA-47, and in the units shown on Form FHWA-47 .
c . Furn ish , upon the completion of the conlrad, to the SHA
res ident engineer on Form FHWA-47 together with the data
required in paragraph 1 b relative to materials and supplies, a final
labor summary of all contract work Indicating the total hours
worked and the total amount earned .
2. At th e prim e contractor's option, ei th er a sin gle report
coverin g all co ntract work or sepa rate report s fo r th e contractor
and for ea ch subcontract shall be submitted .
VII. SUBLETTING OR ASSIGNING TH E CONTRACT
1. The contractor shall perform with Its own organization
contract work amounting to not less than 30 percent (or a greater
percentage if specified elsewhere In the contract) of the total
original contract price, excluding any specialty Items designated by
the State . Specialty items may be performed by subcontract and
the amount of any such specialty Items performed may be
deducted from the total original co ntract 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 pa id direcUy by the prime contractor and
equipment owned or rented by the prime contractor, with or
w ith out operators . Such term does not Include employees or
equipment of a subcontractor, assignee , or agent of the prime
contractor.
b . "Specialty Items• shall be construed to be limited to
work that requires highly specialized knowledge , abilities , or
Exhibit I -Pag 6 of 9 REQUIRED BY 23 CFR 633 .102
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid on the contract as a
whole and in general are to be limited to minor components of the
overall contract.
2 . The contract amount upon which the 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 sanitation (23 CFR 635). The contractor shall
provide all safeguards , safety devices and protective equipment
and take any other needed actions as it determines , or as the 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, which the contractor enters into
pursuant to this contract , that the contractor and any subcontractor
shall not permit any employee, in performance of the contract, to
work in surroundings or under conditions which are unsanitary,
hazardous or dangerous to his/her health or safety, as determined
under construction safety and health standards (29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with
Section 107 of the Contract Work Hours and Safety Standards Act
(40 U .S .C . 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 , it is essential that all persons concerned with the
project perform the ir 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
regarding the seriousness of these and similar acts , the following
notice s hall be posted on each Federal-aid highway project (23
Exhibit I
CFR 635) in one or more places where it is readily available to all
persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID
HIGHWAY PROJECTS
18 U .S.C. 1020 reads as follows :
"Whoever, being an officer, agent, or employee of the United
States, orof any State or Territory, or whoever, whether a person,
association, firm, or corporation, knowingly makes any false
statement, false representation, or false report as to the character,
quality, quantity, or cost of the material used or to be used, or the
quantity or quality of the work performed or to be performed, or the
cost thereof in connection with the submission of plans, maps,
specifications, contracts, or costs of construction on any highway
or related project submitted for approval to the Secretary of
Transportation ; or
Whoever knowingly makes any false statement, false
representation , false report or false claim with respect to the
character, quality, quantity, or cost of any work performed orto be
performed, or materials furnished or to be furnished, in connection
with the construction of any highway or related project approved
by the Secretary of Transportation; or
Whoeve{ knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or
report submitted pursuant to provisions of the Federal-aid Roads
Act approved July 1, 1916, (39 Stat. 355), as amended and
supplemented;
Shall be fined not more that $10,000 or imprisoned not more
than 5 years or both.•
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
(Applicable to all Federal-aid construction contracts and to all
related subcontracts of $100,000 or more.)
By submission of this bid or the execution of this contract, or
subcontract, as appropriate, the bidder, Federal-aid construction
contractor, or subcontractor, as appropriate , will be deemed to
have stipulated as follows :
1. That any facility that is or will be utilized i n the performance of
this contract, unless such contract is exempt under the Clean Air
Act, as amended (42 U .S.C . 1857 mug., as amended by Pub .L.
91-604), and under the Federal Water Pollution Control Act, as
amended (33 U .S .C . 1251 ~~ .• 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 REQUIRED BY 23 CFR 633 .102
XI . CERTIFICATION REGARDING DEBARMENT,
SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
1. Instructions for Certification • Primary Covered
Transactions:
(Applicable to all Federal-aid contracts • 49 CFR 29)
a . By signing and submitting this proposal, the prospective
primary participant is providing the certification set out below .
b . The inability of a person to provide the certification set
out below will not necessarily result in denial of participation in this
covered transaction . The prospective participant shall submit an
explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection
with the department or agency's determination whether to enter
into this transaction. However, failure of the prospective primary
participant to furnish a certification or an explanation shall
disqualify such a person from participation in this transaction .
c . The certification in this clause is a material
representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction . If
it is later determined that the prospective primary participant
knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the department or
agency may terminate this transaction for cause of default.
d . The prospective primary participant shall provide immedi-
ate written notice to the department or agency to whom this
proposal Is submitted if any time the prospective primary partici-
pant learns that its certification was erroneous when submitted or
has become erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred,"
"suspended," "i neligible," "lower tier covered transaction ,"
"participant," "person," "primary covered transaction ," "principal,"
"proposal ," and "voluntarily excluded," as used in this clause. have
the meanings set out in the Definitions and Coverage sections of
rules im plementing Executive Order 12549. You may contact the
department or agency to which this proposal is submitted for
assistance in obtain ing a copy of those regulations .
f. The prospective primary participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered Into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred , suspended, declared
ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency
entering into this transaction .
g . The prospective primary participant further agrees by
submitting th is proposal that it will include the clause titled
"Certification Regarding Debarment, Suspens ion , Ineligibility and
Voluntary Exclusion-Lower ner Covered Transaction," provided by
the department or agency entering into this covered transaction ,
without modification , in all lower tier covered transactions and in
all solicitations for lower tier covered transactions .
h. A participant in a covered transaction may rely upon a
cert ification of a prospective participant In a lower tier covered
transaction that is not debarred , suspended , ineligible, or volun-
tar il y ex cluded from the covered transaction , unless it knows that
the ce rt ifica tion Is erroneous . A participant may decide the
method and frequen cy by wh ich it determ ines the el igibility of its
pr inci pals. Ea ch participant may , but Is not requ ired to , check the
non procurement portion of the "Li sts of Parties Excluded From
Federal Procurement or Nonprocurement Programs· (Nonprocure-
m nt Lis t) w h ich is compiled by the General Serv ice s
Adm in,str lion .
Exhibit I
I. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause . The knowledge
and information of participant is not required to exceed that which
is normally possessed by a prudent person in the ordinary course
of business dealings .
J. Except for transactions authorized under paragraph f of
these instructions, If a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or
agency may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension,
lnellglblllty and Voluntary Exclusion-Primary Covered
Transactions
1. The prospective primary participant certifies to the best of its
knowledge and belief, that it and its principals :
a. Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency;
b . Have not within a 3-year period preceding this proposal
been convicted of or had a civil judgement rendered against them
for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
State or local) transaction or contract under a public transaction ;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
c . Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or local)
with commission of any of the offenses enumerated in paragraph
1 b of this certification ; and
d . Have not within a 3-year period preceding this
application/proposal had one or more public transactions (Federal ,
State or local) terminated for cause or default.
2. Where the prospective primary participant Is unable to certify
to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
2 . Instructions for Certification • Lower Tier Covered
Transactions :
(Applicable to all subcontracts , purchase orders and other lower
tier transactions of $25,000 or more • 49 CFR 29)
a . By signing and submitting this proposal, the prospective
lower tier Is providing the certification set out below .
b . The certification in this clause is a material
representation of fact upon which reliance was placed when th is
transaction was entered Into . If It is later determined that the
prospective lower tier participant knowingly rendered an
erroneous certification . In add ition to other remed ies available to
the Federal Government, the department, or agency with wh ich
th is transaction ori ginal a may pursue available remed ies ,
includ ing suspens ion and /or debarment.
Ex h ib it I -Pa ge 8 of 9 Rl!: UlREO BY 23 CFR 633 .102
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier 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 tiUed
"Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions .
g . A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or volun-
tarily excluded from the covered transaction, unless it knows that
the certification is erroneous . A participant may decide the
method and frequency by which it 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 transact ions authorized under paragraph e of
these instructions , if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended , debarred , ineligible, or voluntarily
excluded from participation in th is transaction , in addition to other
remedies available to the Federal Government, the department or
agency with which this transaction originated may pursue
available remedies, Including suspension and/or debarment.
Certification Regard ing Debarment, Suspension,
lnellglbillty and Voluntary Excluslon--Lower Tier Covered
Transactions:
1. The prospective lower tier participant certifies , by submission
of this proposal, that neither It nor Its principals is presently
debarred , suspended . proposed for debarment, declared
ineligible , or voluntarily excluded from participation in this
transaction by any Federal department or agency .
2 . Where the prospective lower tier participant Is unable to
ce rtify to any or the statements In th is certification , such prospec-
tive p rtlcl pant shall attach an explanation to this proposal.
Exhibit I
XII. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS OR LOBBYING
(Applicable to all Federal-aid construction contracts and to all
related subcontracts which exceed $100,000 -49 CFR 20)
1. The prospective participant certifies, by signing and submit-
ting this bid or proposal , to the best of his or her knowledge and
belief, that:
a . No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or employ-
ee of Congress , or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making
of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continua-
tion, renewal , amendment, or modification of any Federal contract,
grant , loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or attempt-
ing to influence an officer or employee of any Federal agency, a
Member of Congress , an officer or employee of Congress, or an
employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its
instructions .
2 . This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S .C .
1352 . Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure .
3. The prospective participant also agrees by submitting his or
her bid or proposal that he or she shall require that the language
of this certification be included in all lower tier subcontracts , which
exceed $100 ,000 and that all such recipients shall certify and
disclose accordingly.
Exhibit I -Page 9 of 9 REQUIRED BY 23 CFR 633 .102
(
-----
Exhibit J
FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include:
A. 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 18 .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 COOT certifying Local Agency/Contractor compliance with section 18.30 change order
procedures, and with 18.36( d) procurement procedures, and with 18.3 7 sub grant procedures, as applicable;
5. the Local Agency/Contractor shall incorporate the specific contract provisions described in 18.36(i) (which are also
deemed incorporated herein) into any subcontract(s) for such services as terms and conditions of those subcontracts.
B . Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by
Executive Order 11375 of October 13, 1967 and as supplemented in Department ofLaborregulations (41 CFR Chapter
60) (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees).
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. Sec tion s 10 3 and 10 7 of the Contract Work Hours and Safety Standards Act (40 U .S .C . 327-330) as
supplement e d b y Dep artm ent of Labor regulation s (29 CFR Part 5). (Construction contracts awarded by grantees and
subgrantees in excess of $2,000, an d in excess of $2,5 00 fo r other contracts wh ich invol ve 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 C lean Water Act (33 U.S.C. 1368). Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR Part 15) (contracts, subcontracts, and subgrants of amounts in excess of $100,000).
G. Mandatory standards and policies relating to energy efficiency which are contained in the state energy
co nservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163).
H. Office of Management and Budget Circulars A-87 , A -21 or A-122, and A-102 or A-110, whichever is
applicable .
I. Th Hatch Act 5 U 1501-1508) and Public Law 95-454 Section 4 728 . These statutes state that federal
hibit J -P ge 1 of3
Exhibit J
funds cannot be used for partisan political purposes of any kind by any person or organization involved in the
administration of federally-assisted 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 Unifonn Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91-
646 , as amended and Public Law 100-17 , 101 Stat. 246-256). (If the contractor is acquiring real property and
displacing households or businesses in the performance of this contract.)
M. The Drug-Free Workplace Act (Public Law 100-690 Title V , subtitle D , 41 USC 701 et seq .).
N. The Age Discrimination Act of 1975, 42 U .S .C. Sections 6101 et. seq. and its implementing regulation , 45
C .F .R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U .S .C . 794, as amended, and implementing
regulation 45 C .F.R. Part 84.
0 . 23 C .F .R . Part 172, concerning "Administration of Engineering and Design Related Contracts".
P. 23 C.F.R Part 633 , concerning "Required Contract Provisions for Federal-Aid Construction Contracts".
Q. 23 C.F .R. Part 635 , concerning "Construction and Maintenance Provi si ons".
R. T itle VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973 . The
requirements for which are shown in the Nondiscrimination Provisions, which are attached hereto and made a part
h ereof.
S. Nondiscriminati on Provisions:
In co mpl iance wi th Ti tl e V I o f th e Civi l Rights A ct o f 1964 and wi th Section 16 2(a) of the Fed eral Aid Highway Act of
1973, th e C ontrac tor, for itse lf, its assi gnees and s u ccessors in in te rest, agree as follo ws:
1. Compliance with Regulations . The Contractor will comply with the Regulations of the Department of
Transportation relative to nondiscrimination in Federally assisted programs of the Department ofTransportation (Title
49, C ode ofFederal Regulations , Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated
by reference and made a part of this contract.
2. Nondiscrimination . The Contractor, with regard to the work performed by it after award and prior to
completion of the contract work, will not discriminate on the ground ofrace, color, sex, mental or physical handicap or
national origin in the selection and retention of Subcontractors, including procurement of materials and leases of
equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section
2 1.5 of the Regulations , including employment practices when the contract covers a program set forth in Appendix C of
th e Re g ulation s.
3. olicitations for Subcontracts, Including Procurement of Material and Equipment. In all olicitations
E hibit J -P g 2 of3
-----
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 ofrace, 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 FHWA to enter into
such litigation to protect the interests of the United States.
xhibitJ -P g 3 of3
..
COUNCIL COMMUNICATION
Date: Agenda Item: Subject: J
October 2, 2006 11 a ii Intergovernmental Agreement with COOT for
Bridge over the Platte River at Dartmouth Avenue
Initiated By: Staff Source:
Department of Public Works Rick Kahm, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• Council approved Resolution No. 77, Series 2005, authorizing the City to apply for Federal
funds under the "Safe Accountable Flexible Efficient Transportation Equity Act-Legacy for
Users".
• Staff discussed the status of the project at the August 14th Council Study Session .
RECOMMENDED ACTION
Staff recommends Council approve a Bill for an Ordinance to enter into an agreement with the
Colorado Department of Transportation. The agreement covers financial commitments related to
the design and construction of "Platte River Bridge at Dartmouth Avenue."
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Currently, the connection between the Little Dry Creek Trail and the Mary Carter Greenway Trail
requires bicycles and pedestrians to cross the Platte River on the Dartmouth Avenue Bridge . This
bridge has narrow sidewalks, and there is a history of accidents and conflicts between motor
vehicles and trail users . This proposed project will install a new structure south of the existing
bridge for the exclusive use of trail users .
The Denver Regional Council of Governments (DRCOG) accep ts applications from local
governments, typically on a two year cycle, for projects to be considered for federal funding.
DRCOG, in cooperation with the Colorado Department of Transportation (CDOT), is charged with
preparation of the Transportation Improvement Program (TIP). The TIP prioritizes regional projects
for Federal Transportation Funds available through the "Safe Accountable Flexible Efficient
Transportation Equity Act-Legacy for Users " (SAFTEA-LU). Congress adopted this program in
August, 2005 to replace the former Transportation Efficiency Act of th e 21 •1 Cen tu ry (TEA-21 ).
Englewood applied for this "Enhancement" project in 2005. DRCOG scores projects based on a
number of factors including safety, connectivity, usage, and cost-effectiveness . Additional points are
gi en if a c ommunity offers additional local matching funds above the required 20%. Community
Deve lo pm nt staff re co mmend d o ermatching the proj ct to increac;e the C'han ce of heing
el c ted . DRCOG ac pted the project rlier this year and included it in the TIP . Metro-wide,
o nl eight Enh nc m nt pr oj c t w ere sel ted for funding through 2010 with Englewood re c ei ing
-
two of the eight (see attached list). As shown in the attachment, federal funds for Enhancement
projects are very limited in FY 2007 ($429,000). DRCOG has challenged cities with a competition
for the available federal dollars. Money for selected projects will be allocated based on the order
that COOT agreements are approved by local agencies. Staff worked closely with COOT Region 6
and requested they expedite preparation of our agreement. The turnaround time for Region 6 was
seven weeks, beating their typical time frame of about 12 weeks. Based on statements made by
other local government representatives, our main competition is from Golden and Boulder. The
other project sponsors anticipated waiting until FY 2008 to begin their projects. Staff is hopeful that
our projects will be funded for design in FY 2007 and construction in FY 2008. It is possible that
DRCOG will only fund the design of one of our projects in FY 2007. DRCOG encourages projects
that are overmatching to proceed with design using 100% local funds . The local funds spent on the
design phase will be credited to the overmatch for the construction phase .
COOT will not encumber more money than is available in 2007. The Contract Encumbrance in this
Agreement is for the design portion only and does not account for the overmatching local funds
(see table in Financial Impact below). The Agreement contains a "Funding Letter" provision that
COOT will use to increase the dollar amount for the construction phase as funds become available
in FY 2008. COOT and DRCOG also require that the design be substantially complete before
construction funds are encumbered. This process reduces the likelihood that federal dollars would
be encumbered by a project sponsor and not spent within a reasonable period of time.
Please note: Corrected outline letters are not substantive changes.
FINANCIAL IMPACT
The total estimated cost for the project is $670,000 as detailed below:
Fiscal Year
2007
2008
Federal (80%) Local (20%) Overmatch
Design
Constru ction
Total
$ 73,000
$362.000
$435 ,000
$ 18,2 50
$ 90.500
$108,75 0
$31 ,75 0
$94,500
$126,25 0
To1fil
$123 ,000
$547,000
$670,000
The total Local Matching Funds for the design phase in FY 2007 is $50,000 (Loca l 20% plus
Overmatch). The t o tal Local Matching Funds for the constru c tion phas e is $185,000 (Local 20%
plus Overmatch).
$40,000 is available in Open Space Fund . An additional $83,000 from the Open Space Fund is
requested as part of the Proposed 2007 Budget.
LIST OF ATTACHMENTS
Map
List of Enhancement Pool Projects
Bill for an Ordinance
Tran portation Enhancement Contract
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LIST OF 2007-2012 TIP Enhancement Pool Projects
POOL INFORMATION
TIP-ID Federal Local Totals
2007-087 STP Enhancement Pool : 207-2012 TIP Total Pool Funding $5,783 $3,597 $9,380
2007 Funding $429 $266 $695
2008 Funding $1,842 $1 ,146 $2,988
2009 Funding $2,708 $1,684 $4 ,392
2010 Funding $804 $501 $1,305
POOL PROJECT INFORMATION
TIP-ID Project Title Sponsor Federal Local Local Overmatch Total Cost
2007-020 Wadsworth Blvd (SH 121) 72nd Ave to 80th Ave Mult i-use Path Arvada $589 $147 $448 $1 ,184
2007-046 Folsom St: Reaent Dr Underpass Boulder $2,694 $674 $1,186 $4,553
2007-017 Bear Creek Trail : Fenton St to Lamar St Denver $475 $119 $269 $863
2007-034 Platte River Path : Dartmouth Bike & Ped Bridge Englewood $435 $109 $126 $67..0
2007-035 Platte River Path : EnglewoodGolf Course Bike & Ped Bridge Englewood $579 $145 $0 $724·
2007-031 C-470: Indiana SVUS-6 Bike Path Extension Golden $428 $107 $93 $628
2007-027 Miltimodal Historic Interpretation Project Historical Society $343 $86 $29 $458
2007-030 US-36: 3rd Ave Streetscape Improvement Lyons $240 $60 $0 $300
• The dollar amounts are all in thousands TOTALS $5,783 $1,446 $2 ,151 $9,380
-
ORDINANCE NO .
SERIES OF 2006
BY AUTHORITY
COUNCIL BILL NO. 39
INTRODUCED BY COUNCIL
MEMBER _____ _
ABILLFOR
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND 11IE CITY OF
ENGLEWOOD, COLORADO, THAT PERTAINS TO CONSTRUCTION OF A BRIDGE OVER
THE PLATTE RIVER AT DARTMOUTH AVENUE.
WHEREAS, the connection between the Little Dry Creek Trail and the Mary Carter
Greenway Trail requires bicycles and pedestrians to cross the Platte River on the Dartmouth
A venue Bridge; and
WHEREAS, this bridge has narrow sidewalks for crossing the Platte River causing a
history of accidents and conflicts between motor vehicles and trail users; and
WHEREAS , a proposed project will install a new bridge south of the existing bridge
exclusiv el y for trail users ; and
WHEREAS , the Denver Regional Council of Governments (DRCOGT) accepts
applications from local governments for projects to be considered for federal funding in cooperation
with the Colorado Department of Transportation (COOT) and is charged with preparation of the
Transportation Improvement Program (TIP); and
WHEREAS , TIP prioritizes regional projects for Federal Transportation Funds available
through the "Safe Accountable Flexible Efficient Transportation Equity Act-Legacy for Users"
(SAFTEA-LU); and
WHEREAS , En g lewood appl ied for this "Enhancement" project in 200 5 and is hopeful the
Platte River/Dartmou th bridge will b e fun ded for design in FY 2007 and constru ction in FY 2008 .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The City Council of the City of Englewood, Colorado, hereby authorizes the
City to enter into an Intergovernmenta l Agreement wi th COOT entitl ed "Transportation
Enhancement Contract", covering th e financia l commitments related to the design and construction
of Platte River Bridge at Dartmouth, attached as Exhibit 1.
Section 2 . Pursuant to Article V , Section 40 , of the Englewood Home Rule Charter, the
Ci ty Council has determined that this Ordinance shall be published by title because of its volume .
A copy is available in the Office of the Englewood City Clerk.
Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest said
Intergovernmental Contract on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 2nd day of October, 2006 .
Published by title as a Bill for an Ordinance on the 6th day of October, 2006.
Olga W olosyn, Mayor
Attest:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in
full and passed on first reading on the 2nd day of October, 2006.
Loucrishia A. Ellis
(FMLAWRK)
PROJECT STE M395-012, (15911)
REGION 6 (JH)
--------------~--
Rev 10/03
07 HA6 00035
CMS ID 07-061
TRANSPORTATION ENHANCEMENT CONTRACT
THIS CONTRACT made this_ day of _______ 20_, by and between the State of
Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred to as
the State and CITY OF ENGLEWOOD, 1000 Englewood Parkway, Englewood, Colorado 80110,
FEIN: 846000583 , hereinafter referred to as the "Contractor" or the "Local Agency."
RECITALS
1. Authority exists in the Jaw and funds have been budgeted, appropriated and otherwise made available
and a sufficient uncommitted balance thereofremains available for payment of project and Local Agency
costs in Fund Number 400, Appropriation Code 010, Organization Number 9991, Program 2000,
Function 3020, Object 2312 IP, Phase D, Reporting Category 6121, Contract Encumbrance Number
15911, (Contract Encumbrance Amount: $91 ,250.00).
2. Required approval , clearance and coordination have 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 of Federal Regulations , as may be amended, (collectively referred to
hereinafter as the "Federal Provisions"), certain federal funds have been and will in the future be
allocated for transportation projects requested by Local Agencies and eligible under the Surface
Transportation Improvement Program that has been proposed by the State and approved by the Federal
Highway Adminis tration ("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 "Transportation Enhancement Activities", as defined in§ 23
U.S.C. § 1 Ol(a), and this contract provides for the performance by the Local Agency of a project for an
eligible Transportation Enhancement Activity.
5. Pursuant to § 43-1-223, C.R.S. and to applicab le portions of the Federal Provision s, the S tate is
responsible for the general administration and su pervision of performance of projects in the Program,
including the administration of federal funds for a Program project performed by a Local Agency under a
contract with the State.
6 . The Local Agency has requested that a certain local transportation project be funded as part of the
Program, and by the date of execution of this contract, the Local Agency and/or the State has completed
Page 1 of 18
and submitted a preliminary version of COOT form #463 describing the general nature of the Work. The
Local Agency understands that, before the Work begins, form #463 may be revised as a result of design
changes made by COOT, in coordination with the Local Agency, in its internal review process. The
Local Agency desires to perform the Work described in form #463 , as it may be revised.
7. Federal-aid funds have been made available for project STE M395-012 (15911), which shall consist
of constructing a bike and pedestrian bridge across the Platte Ri v er on the south side of Dartmouth
Avenue and a 300 foot bike path connecting Little Dry Creek and Mary Carter Greenway Bike Paths,
referred to as the "Project" or the "Work." Such Work will be performed in Englewood, Colorado,
specifically described in Exhibit A.
8 . The matching ratio for this federal aid project is 80% federal-aid funds to 20% Local Agency funds, it
being understood that such ratio applies only to such costs as are eligible for federal participation, it
being further understood that all non-participating costs shall be borne by the Local Agency at 100%.
9 . The Local Agency desires to comply with the Federal Provisions and other applicable requirements,
including the State's general administration and supervision of the Project through this contract, in order
to obtain federal funds . '
10 . The Local Agency has estimated the total cost of the Work and is prepared to provide its match share
of the cost, as evidenced by an appropriate ordinance/resolution or other authority letter which expressly
authorizes the Local Agency the authority to enter into this contract and to expend its match share of the
Work. A copy of such ordinance/resolution or authority letter is attached hereto as Exhibit B.
11. This contract is executed under the authority of§§ 29-1-203 , 43 -1-110; 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.
TH E PARTIES NOW AGREE THAT:
Section 1. Scope of Work
The Project or the Work under this contract shall consist of constructing a bike and pedestrian
bridge across the Platte River o n th e south si d e of Dartmouth Avenue and a 300 foot bike path
connecting Little Dry Creek and Mary Carter G reenway B ike Paths, in Englewood, Colorado, as more
specifically descri bed in Exhi b it A.
Section 2. Order of Precedence
ln 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, FHWA and the Local Agency.
Section 4. Project Funding Provisions
The Local Agency has estimated the total cost of the Work and is prepared to 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 S. 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. § 133(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,
Page 3 of 18
subject however to the prior performance of the following : A) the satisfactory
completion of the design of the project; B) the State approving the Local Agency's
construction contract; and C) the State issuing to the Local Agency a Notice To
Proceed with the construction of the project.
4. the advanced funds shall be used by the local agency only for the 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 approval of such
charges, subject to the terms and conditions of this contract. The Local Agency will prepare
and submit to the State monthly charges for costs incurred relative to the design, and work
portions of the project. Provided, however, that charges incurred by the Local Agency prior to
the date of FHW A authorization for the project and prior to the date this contract is executed
by the State Controller or his designee will not be charged by the Local Agency to the project,
and will not be reimbursed by the State , absent specific FHW A and/or State Controller
approv al thereof.
C . The State will reimburse the Local Agency's re asonable, allocable, allowable costs o f
performance of the Work, not exceeding the maximum total amount described in Exhibit C.
The appli c abl e principles descri bed in Ti tl e 4 9, C ode of F ederal R egulations, Part 18 (the
"Common Rule"), Subpart C ("Financial Administration"), including 49 C.F.R . 18.22, shall
govern the allowability and allocability of costs under this contract. The Local Agency shall
comply with all such principles. To be eligible for reimbursement, costs by the Local Agency
shall be:
1. in acco rd a nce w ith th e p rovisions of Ex h ibit C an d with th e terms and cond itions of
th e contract.
2. necessa ry fo r acco m pl is hme nt of the Work.
3. reasonab le in amount for the good s and services p rovided.
4 . ac tu a l n et co s t to th e Local Agency (i.e., the price paid minus any refunds, rebates, or
other items of val ue received by the Local Agency that have the effect of reducing the
cost actually incurred).
5 . incurred for Work performed subsequent to the effective date of this contract.
Page 4 of 18
(
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6. satisfactorily documented.
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 A L "'ncy 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 CDOT 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.
G. The Local Agency will prepare and submit to the State monthly charges for costs incurred
Page 5 of 18
relative to the project. The Local Agency's invoices shall include a description of the amounts
of services performed, the dates of performance and the amounts and description of
reimbursable expenses. The invoices will be prepared in accordance with the State's standard
policies, procedures, and standardized billing format to be supplied by the State.
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 COOT.
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 COOT.
d . include details of any required detours in the Plans, in order to prevent any
interferenc e of the construction work and to protect the traveling public .
Page 6 of 18
(
e. stamp the Plans produced by a Colorado Registered Professional Engineer.
f. provide final assembly of Plans and contract documents.
g. be responsible for the Plans being accurate and complete.
h. make no further changes in the Plans following the award of the construction
contract except by agreement in writing between the parties. The Plans shall
be considered final when approved and accepted by the parties hereto, and
when final they shall be deemed incorporated herein .
2 . If the Local Agency is the responsible party:
a. The local agency shall comply with the requirements of the Americans With
Disabilities Act (ADA), and applicable federal regulations and standards as
contained in the document "ADA Accessibility Requirements in CDOT
Transportation Projects".
b. It shall afford the State ample opportunity to review the Plans and make any
changes in the Plans that are directed by the State to comply with FHW A
requirements.
C. It may enter into a contract with a consultant to do all or any portion of the
Plans and/or of construction administration. Provided, however, that if
federal-aid funds are involved in the cost of such work to be 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 of 23 CFR 172.5( 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 172.5(b) and (d).
( 5) it may expedite any CDOT approval of its procurement process and/or
consultant contract by submitting a letter to CDOT from the certifying Local
Agency's attorney/authorized representative certifying compliance with
Page 7 of 18
Exhibit Hand 23 CFR 172.S(b)and (d).
(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 conformance with the contract documents and
compliance with the provisions of the State's publication, Standard
Specifications for Road and Bridge Construction, in connection with
this work."
d. The State, in its discretion , will review construction plans, special provisions
and estimates and will cause the Local Agency to make changes therein that
the State determines are necessary to assure compliance with State and FHW A
requirements.
B . Construction [if applicable]
1. If the Work includes construction, the responsible party shall perform the construction
in accordance w ith the approved design plans and/or adm inister the construction all in
accord with the Local Agency Contract Administration Checkl ist. Such administration
shall include project inspection and testing ; approving sources of materials ;
p erfo rm in g re qu ired plant and shop inspections ; docum entat ion o f contract payment s,
testing and inspection activities; preparing and approving pay estimates; preparing,
approving and securing the funding for contract modification orders and minor
contract revisions; processing contractor claims; construction supervision; and meeting
the Quality Control requirements of the FHW A/CDOT Stewardship Agreement, as
described in the Local Agency Contract Administration Checklist.
2 . The State shall have the authority to susp end the Work, wholly or in part, by giving
written notice thereof to the Local Agency, due to the failure of the Local Agency or
its contractor to correct project conditions which are unsafe for workers or for such
periods as the State may deem necessary due to unsuitable weather, or for conditions
considered unsuitable for the prosecution of the Work, or for any other condition or
reason deemed by the State to be in the public interest.
Pge8of18
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.
( 1) 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 n in its
entirety ~erbatim 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
p ersonn el (i.e. by forc e account), r ath er than by a competitiv e biddin g proce ss,
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 b ased up on estimated quantities and firm
unit p rices agreed to between th e Local Agency, the State an d FHW A
in advance of the Work, as p rovided 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
Page 9 of 18
C .,rr.
Work. Where actual costs are used, eligibility of cost items shall be
evaluated for compliance with 48 CFR Part 31.
(3) Rental rates for publicly owned equipment will be determined in
accordance with the State's Standard Specifications for Road and
Bridge Construction§ 109.04.
(4) All force account work shall have prior approval of the State and/or
FHW A and shall not be initiated until the State has issued a written
notice to proceed.
State's obligations
I. 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 FHWA 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 Party will certify in writing to
the State that all right of way has been acquired in accordance with the applicable State and federal
regulations, or that no additional right of way is required.
Any acquisition/relocation activities must comply with all federal and state statutes,
regulations , CDOT policies and procedures, 49 CFR Part 24, the government wide Uniform Act
regulation , the FHWA Project Development Guide and CDOT's Right of Way Operations Manual.
Alloc ation of Responsibilities can be as follows :
• Federal participation in right of way acquisition (3111 charges), relocation (3109
charges) activities, if any, and right of way incidentals (expenses incidental to
acquisition/relocation of right o f way -3114 charges);
• Federal p artici p ati on in right o f way acquisiti on (3111 charges), relocation (3109
ch arges) but no partici patio n in in ci dental ex p enses (311 4 charges); or
• No fe dera l parti ci pat ion in right of w ay acquisi tion (3 11 ch arges) and relocation
activities (3 109 ex p enses).
Regardless of the option se lected above, th e State re tains oversight responsibi lities. The Local
Agency 's and the State 's responsibi lities for each option is specifically set forth in CDOT's Right of
Way Operation Manual. The manual is located at
http ://www .dot .stat e.co. us /Develop Projects/Desi gnS upport.
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 have 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 accompl ished and the
location(s) thereof, and that the costs of the improvement shall be eligible for federal
participation .
2. Obtaining the railroad 's detailed estimate of the cost of the Work.
3 . Establishing 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 of accidental
destruction or damage to the installation .
Section 10. Environmental Obligations
The Local Agency shall perform all Wo rk in accordance with the requirement s of the current
fe deral and state envi ronm ental regulations including the National Environmental Poli cy Act of 1969
(NEPA) as app licable.
Section 11. Maintenance Ob ligations
The Local Agency will maintain and operate the improvements constructed under this contract
at its own cost and expense during their useful life, in a manner satisfactory to the State and F H W A.
The Local Agency will make proper provisions for such maintenance ob ligations each year. Suc h
maintenance and operations shall be conducted in accordance with all appl icable statutes, ordi n ances
and regulations which define the Local Agency's obligations to mai ntain such improvements. The
State and FHWA will make periodic inspections of the project to verify that such improvements 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 sub grant agreements permitted under this contract.
A listing of certain federal and state laws that may be applicable are described in Exhibit J .
Section 13. Record Keeping
The Local Agency shall maintain a complete file of all records , documents, communications,
and other written materials which pertain to the costs incurred under this contract. The Local Agency
shall maintain such records for a period of three (3) years after the date of termination of this contract
or final payment hereunder, whichever is later, or for such further period as may be necessary to
resolve any matters which may be pending. The Local Agency shall make such materials available for
inspection at all reasonable times and shall permit duly authorized agents and employees of the State
and FHW A 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 b y giv ing written notice to the Local Agency of its intent to terminate
and at least ten ( 10) d ays oppo rt un ity to cure the d efault o r show cau se w hy termi nati on is o th erwi se
not appropriate. In the event of termination, all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs and reports or other material prepared by the Local
Agency under this contract shall, at the option of the State, become its property, and the Local Agency
shall be entitled to receive just and equitable compensation for any services and supplies delivered and
accepted . T h e 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 may withhold payment to the Local Agency for the purposes of mitigating its damages until such
time as the exact amount of damages due to the State from the Local Agency is determined.
Page 12 of 18
----....... ..-----~-..--------
If after such termination it is determ in ed, for any reason, that the Local Agency was not in default
or that the Local Agency's action/inaction was excusable, such termination shall be treated as a
termination for convenience, and the rights and obligations of the parties shall be the same as if the
contract had been terminated for convenience, as described herein.
C. Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency
is to be paid, reimbursed, or otherwise compensated with federal and/or State funds which are
available to the State for the purposes of contracting for the Project provided for herein, and therefore ,
the Local Agency expressly understands and agrees that all its rights , demands and claims to
compensation arising under this contract are contingent upon availability of such funds to the State. In
the event that such funds or any part thereof are not available to the State, the State may immediately
terminate or amend this contract.
Section 15. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this contract and that
it has taken all actions required by its procedures, by-laws , and/or applicable law to exercise that
authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the
Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency
warrants that such person(s) has full authorization to execute this contract.
Section 16. Representatives and Notice
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
act ivities 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 representatives .
If to State:
Carol Anderson
COOT Region 6 Project Manager
2000 South Holly Street
Denver, Colorado 80222
(303) 744-0512
Section 17. S uccess or s
If to the Local Agency:
Dave Henderson
City of Englewood Public Works
1000 Englewood Parkway
Englewood, Colorado 80110
(303) 762-2506
Except as herein otherwise provided, this contract shall inure to the benefit of and be binding
upon the parties hereto and their respective successors and assigns.
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 enforcernent, shall be strictly res erved to the State and
th e Local Agency. Nothing contained in this contract shall give or allow any claim or right of action
wh atsoever by any other th ird 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 de emed as a wai v er of an y subsequent breach of such t erm , provision, or requirement , or
o f an y other term , prov is ion or requirement.
Section 22. E ntire U nd e rst and ing
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 , a ddition,
deletion, or other amendment hereto shall have any force or effect un less embod ied in a wri ting
executed and approved pursuant to the State Fiscal Rules.
Secti on 23. Surviva l of Cont ract Term s
Notwithstanding anything herein to the contrary, the parties understand and agree that all terms
and conditions of this contract and the exhibits and attachments hereto which may require continued
Page 14 of 18
(.
performance, compliance or effect beyond th e tennination dale of the contract shall survive such
termination date and shall be enforceable by the State as provided herein in the event of such failure to
perform or comply by the Local Agency.
Section 24. Modification and Amendment
This contract is subject to such modifications as may be required by changes in federal or State
law, or their implementing regulations. Any such required modification shall automatically be
incorporated into and be part of this contract on the effective date of such change as if fully set forth
herein. Except as provided above, no modification of this contract shall be effective unless agreed to
in writing by both parties in an amendment to this contract that is properly executed and approved in
accordance with applicable law .
Section 25. Funding Letters
The State may allocate more or less funds available on this contract using a Funding Letter
substantially equivalent to Exhibit F and bearing the approval of the State Controller or his designee.
The funding letter shall not be deemed valid until it shall have been approved by the State Controller
or his designee .
Section 26. Disadvantaged Business Enterprise (DBE)
The Local Agency will comply with all requirements of Exhibit E and the Local Agency
Contract Administration Checklist regarding DBE requirements for the Work, except that if the Local
Agency desires to use its own DBE program to implement and administer the DBE provisions of 49
CFR Part 26 under this contract, it must submit a copy of its program 's requirements to the State for
review and approval before the execution of this contract. If the Local Agency uses its program for
this contract, the Local Agency shall be solely responsible to defend that DBE program and its use of
that program against all legal and other challenges or complaints, at its sole cost and expense . Such
responsibility includes , without limitation , determinations concerning DBE eligibility requirements
and certification , adequat e le gal and factual bases for DBE goals and good faith efforts. State
a pproval (if pro vid ed) of th e Local Agen cy 's DBE program does not waive or modify the sole
responsi bi li ty of the Loca l Agenc y fo r it s use as descri b ed abo ve.
Secti o n 27. Dis putes
Except as otherwise provided in this contract, any dispute concerning a question of fact arising
under this contract which is not disposed ofby agreement will b e decided by the Chief Engineer of the
De p artmen t of Transport at io n . The d ecision o f the Chief Engi nee r will be fina l and concl usive unl ess,
wi thin 30 cale nd ar days afte r th e date of receipt of a copy of such written d ecision, the Local Agency
mails or otherwise furnishes to the State a wri tt en ap peal addressed to the Executive Director of the
Department of Transportation . In conn ec tion wi th any a pp eal proceeding und er this clause, the Local
Agency shall be afforded an opportunity to be heard and to off er evidence in support of its appeal.
Pending final d ci ion of a dispute hereunder, the Loca l Agency shall proceed diligently with the
perfonnance of the contract in accordance with the Chief Engineer's decision . The decision of the
Page 15 of 18
-
Executive Director or his duly authorized representative for the determination of such appeals will be
final and conclusive and serve as final agency action. This dispute clause does not preclude
consideration of questions oflaw 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 (FT A, HUD, NPS, etc .) then the Single Audit Act applies, which is an audit
on the entire organization/entity.
d) Single Audit can only be conducted by an independent CPA, not by an auditor on staff.
e) An audit is an allowable direct or indirect cost.
Page 16 of 18
Section 29.
SPECIAL PROVISIONS
CEoc use with Int1r-Gov1coro1ot1I contr1ct1l
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 State of Colorado payable after the current fi1c1I year ire con t ingent upon funds for that purpose be ing appropriated, budgeted,
and otherwise made available.
3. INDEMNIFICATION .
To the extent authorized by law, the Contractor shall Indemnity, uve, 1nd hold h1rmle11 the State, Its employees and agents, against any and all claims,
damages, liability and court awards Including costs , expenses, 1nd 1ttorney fees Inc urred IS I result of any act or om is sion by the Contractor, or Its
employees, agents, subcontractors, or assignees pursu1nt to the term s or th is contr1ct .
No term or condition of this contract shall be construed or Interpreted 11 1 w1 lver, express or Implied, of any of the Immunities, rights, benefits, protection, or
other provisions for the parties, of the Colorado Governmental Immunity Act , CRS 2'4 ·10 ·101 et seq. or the Federal Tort Cla ims 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 ANO 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 REQUEST ED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED
BY LAW, AND SHALL BE SOLELY RESPONSIBLE FO R THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS .
5. NON-DISCRIMINATION .
The contractor agrees to comply with the letter and the IP rlt of 111 1ppllc1ble 1t1te and federal laws respecting disc rim i nation and unfair employment
practices .
CHOICE OF LAW .
The laws of the State of Colorado 1nd rules 1nd regul1tlon1 l11ued pursuant the reto 1h1II be applied In the Interpretation, execution, and enforcement of this
contract. Any provis ion of th is contract, whether or not Incorporated herein by reference, wh ich provides for arbitration by any extra-judicial body or person or
wh ich Is otherwise In connlct w ith Hid l1w1, rules, and regul1tlon1 1h1II be considered null and vo id. Nothing contained In any provision Incorporated herein
by reference which purports to negate th i1 or any other 1pec11I provl1l on In whole or In part shall be valid or enforceable or available In any action at law
whether by way of complaint, defen11, or otherwlu. Any provl1lon rendered null and vo id by the operation of this prov ision will not invalidate the rema inder
of th is contract to the extent that the con tract 11 c1p1ble of execution .
At all t i mes duri ng the performance of th I contract, the Contr1ctor 1h1II 1trlctly 1dhere to all applicable federal and State laws, rules, and regulations that
have been or may hereafter bt 11t1bll1hed .
7. SOFTWARE PIRACY PROH IBITION Go'1lffl0(1 Execut l111 Onlef D 002 00
No State or other public funds p1y1ble under thll Contract 1h1II be uHd for the 1cqul1ltlon, operation, or maintenance of computer software In v iolation of
United States copyright l1w1 or 1ppllc1ble licensing r11trictlon1 . The Contractor hereby certifies that, for the term of th is Contract and any extensions, the
Contractor has In place 1pproprl1te 1y1tem1 and controls to prevent such Im proper use of public funds . If the State determi nes that the Contractor Is In
violation of this paragraph , the Stat e may exerclH 1ny remedy 1v1ll1ble at law or equity or under th is Contract, Including, w ithout limitation, immediate
termination of the Contract and 1ny remedy con1l1tent with United Stites copyri ght laws or applicable licensin g restrictions .
8 . EMPLOYEE FINANCIAL INTEREST . CRS 24-18 ·201 & CRS 24-110-507
The signatories aver that to the ir knowledge , no employee of the State of Colorado has any personal or beneficial Interest whatsoever In the serv ice or
property descri bed here in.
9 . ILLEGAL ALIENS -PUBLIC CONTRACTS F°" SERVICES CRS 8-17 S-101 and Public Law 208, 1<M" Congre11, 11 amended and expanded In Publ ic Law 156 , 108" Congress ,
as amended
The Contractor certifies that the Cont ractor shall comply w th the prov isions of CRS 8 ·17 .5-101 et seq . The Contractor shall not knowingly employ or contract
with an Il legal alien to perform work under this contract or enter Into I contr1ct with I subcontractor that knowingly employs or contracts with an Illegal alien .
The Contractor represents , w1rr 1nt1, and 1gre11 that It (1) hH verified that It does not employ any Illegal 1llens, through p1rtlclpatlon In the Basic PIiot
Employment ver1f1 c1t1on Program 1dmln1111red by the Soc ial Security Admlnl1tratlon 1nd Oep1rtment of Homel1nd Security, or (II ) otherwise will comply with
the requ i rements or CR 8· 17.5· 101(2)(b)(I). The Contractor 1h1II comply w ith 111 re11on1ble requests m1de In the course of an Investigation by the Colorado
D partmen t of Labor ind mployment . If the Contr1ctor f1 ll 1 to comply with any requ irement of th is provision or CRS 8 ·17 .5·101 et seq ., the State may
t rm on 1te t h11 con tr1ct f or br11ch and the Contractor 1h1II ~ ll1ble for 1ctu1I 1nd consequential d1m1ges to the State .
A Con t r act or that operates 111 sole proprietor hereby w11rs or 1rfirm1 under penalty of perjury th1t the Contractor (I ) Is• citizen of the United States or otherw ise
la wfu ll y pre en t 1n 1ht United 11111 pursuant to feder1l l1w, (II ) sha ll comply with the provisions of CRS 24 ·76 .5· 101 et seq , ind (Ill ) shall produce one of the forms
nr 111 .. n11 t 1r !IM, quire y C 2•· 7 5· 103 prior t o the effective date of th is Contract. Excep t where exempted by federal law and ex cept as pr ov ided In CRS 24·
76 5 · 10 ( ), 1 ontra or that rece 1v11 federal or st1t, fund, under th I contract must confirm th1t 1ny Ind i vidual n1tural person eighteen years of 1ge or older Is
l1 wfully pre nt In the Un it d tiles pursu1nt to CRS 24 ·76 .S· 103(4) If su ch lnd lvldu1I 1pplles for public benefits prov ided under this contract.
Effective 01te of Spec ial Provi sions : August 7, 2006
P gc 17 of 18
THE PARTIES HERETO HA VE EXECUTED THIS CONTRACT
CONTRACTOR:
City Of Englewood
Legal Name of Contracting Entity
846000583
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
ATIORNEY 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 perfo rmance begins prior to the date below, the State of Colorado may not be obligated to pay for
the goods and/or service s prov ided .
STATE CONTR OLLER:
LESLIE M. SHENEFEL T
By _______________ _
Date. _______________ _
Effective Date : August 1, 2005
Page 18 of 18
Colorado Department of Transportation Origin Date : 07/2 5/2006 Project code : 15911 STIP number: DR6838
DESIGN DATA Revise Date : Project number: STE M395-012
J ]Metrlc
PE Proiect Code PE Proiect Number
0 Engllsh Revision#:
. age 1 Region : 06
Status: e preliminary Q final 0 revised
Prepared by: Revised by : Project description : PLATTE RIVER:DARTMTH BK & PED
Dave Henderson County1 : Arapahoe lcounty2: lcounty3:
Date: 07/20/2006 Date : Municipality : Englewood
Submitted by Proj .Mgr Approved by Preconstruction Engineer: System code : Other Federal-Aid Highway
ANDERSo~cM' ·,.· Oversight: Full Oversight (Non-NHS)
Date: 07/25/2006 Planned length : 0 .1
Geographic location :
Platte River approximately 50 feet south of Dartmouth Ave.
Terrain type : 0 Level 0 Plains 0 Rolling e Urban 0 Mountainous
Description of proposed construction/improvement (attach map showing site location)
Construct Bike/Ped bridge across the Platte River on the South side of Dartmouth Ave and 300' of concrete bike paths with curb ramps connecting
Little Dry Creek & Mary Carter Greenway Bike Paths. Project also provides bike racks and lockers .
grrafflc (Note : use columns A, B, and/or C to identify facility described below)
Current year: --Future year: --Facilitv location
Facility ADT DHV DHV%trucks ADT DHV Industrial Commercial Residential Other
A l l J l J 0
B D D D D
C D D D D
fJRdwyClaas Route Refpt Endrefpt Functional classification Facility type Rural code
1. 999 Local Not Roadway Not Roadway
2.
3.
II Design Standards (ld~ntify substandard items with a checkmarlc in 1st column and clarify in remarks)
A= B= C=
Standard Existing Proposed Ultimate Standard Existing Proposed Ultimate Standard Existing Proposed Ultimate
D Surface type
Typical section type D # of travel lanes D Width of travel lanes D Shoulder wd . 11./median [1 Shoulder wd rt./outside I] Side slope dist. ("z") D Median width D Posted speed D Design speed D Max . superelevation D Min . radius 11 Min . horizontal ssd
[_ J Min . vertical ssd
r 1 Max . grade [ J
Project under O 1 R Q 3R Q 4R e Other: criteria Existing guardrall mHts current standards : Q Yes Q No
Variance In minimum design standards required Q Yes • No LJ Safety project Comments : R Justification attached R Request to be submitted Not all standards
Bridge (see item 4) SH remarks addressed
I Stage construction
R surfacing projects
f ] Recommendations concerning safety aspects attached
COOT Form INIJ 12/2003
1 of 2 Exhibit A
Page 2 Project Code : 15911 I Project Number: STE M395-012 I Revise Date :
II Major Structures
~ sta:r:, R=to be removed, P=eroeosed new structure I Standard Structure Horizontal Vertical Year
Str,,rture 1n,11 I Lenoth Ref. Point Feature Intersected Width Rdwv Load Clearance Clearance Built
Proposed treatment of bridges to remain in place (address bridge rail, capacity , and allowable surface thickness)
~ Project Characteristics (proposed) Median type: Q depressed Q painted 0 raised e none -I 1 Striping Lighting Handicap ramps Traffic control signals
Curb and gutter Curb only Left-tum slots I I continuous width=
Sidewalk width = ./ Bikeway width = 10' Right-tum slots I I continuous width=
Parking lane width = Detours Signing : I ./I construction I ./I permanent
Landscape requirements : (description) Other : (description)
Re store existing
II Right of Way Yes No Est. No . II Utilities (list names of known utility companies)
ROW and/or perm . easement required : 0 • Xcel , Qwest , Comcast, Englewood Utilities, Denver Water
Relocation required : 0 • Temporary easement required : 0 • Changes in access : 0 • Changes to connecting roads : 0 • 1:1 Railroad croHings # of crossings :
Agreements
Railroad Name required Present protection Condition of x'ings
1 D
2 D
3 LJ
4 D
Recommendations :
IJIEnvironmental
Type : CE Programmatic Categorical Excl usi on #: 23 CFR 771 .117 paragraph (c) (3 )
128 Initiation Date :08/11/2006 Revision Date : Clearance Action Date :
Comments :
~ Coord inat ion
Withdrawn lands (power sites, reservoirs , etc.) cleared throug h BLM forest service office I Irrigation ditch name:
I I New traffic ordinance required I O Modify sched ule of existing ordinance I Municipal ity:
Oth er:
mconstructl on method noAdReason: Q Design Q Local F/A
Entity/Agency contact name : Dave Henderson
Advertised by : 0 State Q P .O . Q RRF/A
• Local Q Study Q Utility FIA Phone number: 303-762-2506
0 None Q CDOTFIA 0 Miscellaneous
irj Remarks (Include additional pages If nHded)
Original to : Central mes Copiff to: Region Flies , Region Environmental Program Manager, Staff ROW, Staff Bridge or other when appropriate
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
Exhibit B
• t • ' '
EXHIBIT C FUNDING PROVISIONS STE M39S-012 (15911)
A. The Local Agency has estimated the total cost the Work to be $91,250.00 which is to be
funded as follows:
1 BUDGETED FUNDS
a. Federal Funds $73,000 .00
(80% of Participating Costs)
b . Local Agency Matching Funds $18,250 .00
(20% of Participating Costs)
Local Agency Matching for COOT -
c. Incurred Non-Participating Costs $0 .00
(Including Non -Participating Indirects)
TOTAL BUDGETED FUNDS $91,250 .00
2 ESTIMATED COOT-INCURRED COSTS '
a . Federal Share $0 .00
80% of Participating Costs)
b. Local Share
Local Agency Share of Participating Costs $0 .00
Non-Participating Costs (Including Non-
Participating Indirects) $0 .00
Estimated to be Billed to Local Agency $0 .00
TOTAL ESTIMATED COOT-INCURRED COSTS $0 .00
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted (1a) $73,000 .00
b . Less Est imated Federal Share of COOT-Incurred Costs (2a) $0 .00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $73 ,000 .00
FOR CDOT ENCUMBRANCE PURPOSES
Total Encumbrance Amount $73 ,000 .00 d ivided by
80%)
$91 ,250 .00
Less ROW Acquisition 3111 and/or ROW
Relocation 3109 $0 .00
Net to be encumbered as follows : $91 ,250 .00
Des ign 2312 1P 3020 $91 ,250 .00
Const 23 12 1P 3301 $0 .00
Exhibit C -Page 1 of 2 Al591 I
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 $91,250.00 ($73,000.00 Federal Funds and $18,250.00 Local Agency Matching
Funds) that is eligible for federal participation, it being further understood that all
non-participating costs are borne by the Local Agency at 100%. If the total participating cost
of performance of the Work exceeds $91,250.00, 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 $91,250.00, 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 $73,000.00
(For COOT accounting purposes, the federal funds of$73,000.00 and local matching funds
of $18 ,250.00 will be encumbered for a total encumbrance of $91,250.00), unless such
amount is increased by an appropriate written modification to th is 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 . Th e parti es h ereto agree that this contract is cont ingent upon all fund s de signated for th e
project herein being made availab le from federal and/or state and/or Local Agency sources,
as applicable. Should these sources, either federal or Local Agency, fail to provide necessary
funds as agreed upon herein, the contract may be terminated by either party, provided that
any party terminating its interest and obligations herein shall not be relieved of any
obligations which existed prior to the effective date of such termi nation or which may occur
as a result of such termination.
Exhibit C -Page 2 of 2 Al 911
------------------
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 1 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 COOT 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
C olorado D epartment o f Transportation
4201 East Arkansas Avenue, Room 287
Denver, Colorado 80222-3400
Phone: (303) 757 -9234
revised 1/22 /98 Required by 49 CFR Part 2 3 .41
Exhibit E -Page 1 of 1
-
Exhibit F
COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT AUTHORITY:
..-"'INDING INCREASE/DECREASE AND APPROVAL LETTER Region : State Controller Policy letter on June 12, 1996
,molete section 1 and submit to COOT Controller's office. COOT Controller letter on Mav 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
SECTION 1 (Region use)
Date : (2) Proiect code (3)
To : COOT Controller (FAX #(303) 757-9573 or e-mail CONTROLLER) Project# (4)
From : Office : (5) Phone# (5) FAX# (5)
Reaion # (5)
COOT has executed a contract with: (6)
Address : (6)
FEIN# (6) Contract routing# (7) COFRS encumbrance # (Indicate PO, SC or PG #)
(8)
Fund Orgn . Appro . Prgrm. Fune. Object/Sub-obj N/P GBL Reporting Catg . Proj/Sub/Phase
(9) (9) (9) (9) (9) (9) (9) (9) (9)
·iginal contract amount Has a Budget Request been processed to cover the contract amount increase?
~ (10) ves no (14)
Previous Funding Letter(s) total Preparer's name (1 5)
$ (11)
(F unding letter #1 thru II__) PHONE NO :
This Funding Letter total Contract Administrator's/Business Manager's Approval
s (12) (16)
(#__) PHONE NO :
Adjusted contract amount COOT Designee Approval
S (13) (17)
Local Agency approval
(18)
SECTION 2 (Controller's Office use) (19)
Total allotment amount Commission budget
s (19) s (19)
If construction : CE charges Ind irect chgs Adjusted contract amount plus total CE & indirect
_CE pool elig. (19) S (19) S (19) charges calculation S (19)
· liave reviewed the financial status of the project, organization, grant and have determined that sufficient funds are available
~
cover this increase, effective as of (19)
State Controller or Delegee Date
(20) (20)
Exhibit F -Pag e 1 of 1
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 M395-012 DR6838 15911 06
Project Location Date
Platte River: Dartmth Bk & Ped Bridge
08/02/2006
Project Description
Platte River: Dartmth Bk & Ped Bridge
Local Agency Local Agency Project Manager
City of Englewood Dave Henderson
CDOT Resident Engineer CDOT 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 CDOT Local Agency Manual.
The checklist shall be prepared by placing an "X" under the responsible party, opposite each of the tasks . The "X" denotes the
party responsible for initiating and executing the task. Only one responsible party should be selected. When neither CDOT nor
the Local Agency is responsible for a task, not applicable (NA) shall be noted. In addition, a "#" will denote that CDOT must
concur or approve .
Tasks that will be performed by Headquarters staff will be indicated . The Regions , in accordance with established policies and
procedures , w ill determine who will perform all other tasks that are the responsibility of CDOT.
1
The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation w ith the Local
Agency Project Manager, and submitted to the Region Program Eng ineer. If contract administration responsibilities change , the
CDOT Resident Enoineer, in cooperation with the Local Aoency Project Manaoer, will prepare and distribute a revised checklist.
RESPONSIBLE
NO. DESCRIPTION OF TASK PARTY
LA CDOT
TIP / STIP AND LONG-RANGE PLANS
2-1 Review to ensure consistency w ith STIP and amendments thereto X
FEDERAL FUNDING OBLIGATION AND AUTHORIZATION
4-1 Authorize fund ing by phases (C OO T Form 41 8 -Federal -aid Program Da ta . Requ ires FHWA X
co ncu rre nce/inv ol vement )
PROJECT DEVELOPMENT
5-1 Prepare Desian Data -CDOT Form 463 X X
5-2 Prepare Local Aoency/CDOT Inter-Governmental Aoreement (see also Chapter 3) X
5-3 Conduct consultant selection/execute aoreement 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 aareements 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 desion exceptions -CDOT Form 464 X
5-14 Prepare plans, specifications and construction cost estimates X
5-15 Ensure authorization of funds X
COOT Form 1243 07/02 Page1 of 4
Previous editions ire obsolete ind may not be uHd
Exhibit G
NO. DESCRIPTION OF TASK
PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE
6-1
6-2
Set Underutilized Disadvantaged Business Enterprise (UBDE) goals for consultant and
construction Contracts COOT Re ion EEO/Civil Ri hts s ecialist
Determine ae_elicability of Davis-Bacon Act
This project D 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.)
08/02/2006
COOT Resident En ineer Date
6-3 Set On-the-Job Training goals . Goal is zero if total construction is less than $1 million (COOT
Re ion EEO/Civil Ri hts S ecialist
Ensure the correct Federal Wage Decision, all required Disadvantaged Business
Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included in the
Contract COOT Resident En ineer
ADVERTISE, BID AND AWARD
7-1 Obtain a roval for advertisement eriod of less than three weeks
7-2 Advertise for bids
7-3 Distribute "advertisement set" of lans ands ecifications
7-4 Review worksite and plan details with prospective bidders while project is under
advertisement
0 en bids
Process bids for com liance
, Check COOT Form 715 -Certificate of Proposed Underutilized DBE Participation when the
, low bidder meets UDBE oals
Evaluate COOT Form 718 -Underutilized DBE Good Faith Effort Documentation and
1 determine if the Contractor has made a good faith effort when the low bidder does not meet
' DBE oals
Submit re uired documentation for COOT award concurrence
7-8 A rove re·ection of low bidder
7-9 Award Contract
7-10 Provide "award" and "record" sets of lans and s ecifications
CONSTRUCTION MANAGEMENT
Issue Notice to Proceed to the Contractor
Local Agency Professional Engineer or
COOT Resident En ineer
Phone number
RESPONSIBLE
PARTY
LA COOT
X
X
X
X
X
X
X
X
X r. ,,_ -. . . ,.._ "'" -..... --, ~----~
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
COOT Form 1243 07/02 Page2 of 4
Previous edition, are ob1olet1 and may not be UHd
J
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 clans and specifications X
Construction insoection and documentation X
8 -5 Aoorove shoo drawinas X
8-6 Perform traffic control inspections X
8-7 Perform construction surveyina X
8-8 Monument rioht-of-wav X
8-9 Prepare and approve interim and final Contractor pay estimates X
Provide the name and phone number of the person authorized for th is task .
LarD£ Nimmo 303-762-2504
Local Agency Representative Phone number
8-10 Preoare and aoorove interim and final utilitv/railroad billinas X
8-11 Prepare Local Agency reimbursement reauests X
8-12 Preoare and authorize chance orders X
8-13 Aoorove all change orders X X
8-14 Monitor oroiect financial status X
8-15 Prepare and submit monthly orooress reports 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
Ton~ Gross 303-972-9112
COOT Resident Enoineer 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 meeting X
COOT Form 250 • Materials Documentation Record
• Generate form , which includes determining the minimum number of required tests and X
applicable material subm ittals for all materials placed on the project X
• Update the form as work progresses X
• Complete and d istribute form after work is completed
Perform project acceptance sampl es and tests X
Pe rform laboratorv verification tests X
Accept manufactured products
Inspection of structural components : X
• Fabrication of structural steel and pre-stressed concrete structural components
• Bridge modular expansion devices (O" to 6" or greater)
• Fabrication of bearino devices
Aoorove sources of materials X
Independent Assurance Testing (IAT), Local Agency Procedures U COOT Procedures~
• Generate IAT schedule X
• Schedule and provide notification X
• Conduct IAT X
Approve m ix designs X
• Con crete X
• Hot bitum inous oavement X
Check final materials documentation X
Co mplete and d istribute final materials documentation X
COOT Form 1243 07/02 Page3 of 4
Prev loua editions an obsolete and may not be used
Exhibit G
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
10-1 Fulfill project bulletin board and Preconstruction oacket reouirements
10-2 COOT Form 205 • Sublet Permit Application
Review and sign completed COOT Form 205 for each subcontractor, and submit to
EEO/Civil Rights Specialist
10-3 Conduct employee interviews. Complete COOT Form 280 • Equal Employment Opportunity
and Labor Compliance Verification
10-4 Monitor Disadvantaged Business Enterprise participation to ensure compliance w ith the
"commercially useful function· reQuirements
10-5 Conduct trainee interviews. Complete COOT Form 200 • OJT Training Questionnaire when
proiect utilizes on-the-iob trainees
10-6 Check certified payrolls (Contact the Region EEO/Civil Rights Specialists for training 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 project acceptance letter
Advertise for final settlement
Prepare and distribute final As-Constructed Plans
Check final Quantities 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 Enaineer
Process final pavment
Obtain FHWA Form 47. Statement of Materials and Labor Used ... from the Contractor
Complete and submit COOT Form 950 -Project Closure
Reta in oroiect records for six veers from date of Proiect closure
Reta in final version of this checklist and distribute copies
cc : CDOT Resident Engineer/Project Manager
CDOT Reg ion Program Engineer
CDOT Region EEO/Civil Rights Specialist
COOT Region Materials Engineer
CDOT Contracts and Market Analysis Branch
Lo cal Agency Project Manager
X
X
X
X
X
X
X
X X
X
X
X
X
X
X
X
X
X
X
X
COOT Form 1243 07/02 Pae,(,ot 4
Prwloua edition• .,. obsolete and may not be UMd 1
L
(
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 federaJly funded local agency project agreement
administered by COOT that involves professional consultant services. 23 CFR 172 and 23 CFR 172( 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 foJlowing state
procedures when obtaining professional consultant services under a federaJly funded consultant contract administered by
COOT.
COOT has formulated its procedures in Procedural Directive (P.O.) 400.1 and the related operations guidebook titled
"Obtaining Professional Consultant Services". This directive and guidebook incorporate requirements from both Federal
and State regulations, i.e ., 23 CFR 172 and Colorado Revised Statute (C.R.S .) 24-30-1401 et seq. Copies of the directive
and the guidebook may be obtained upon request from CDOT's Agreements and Consultant Management Unit. [Local
agencies should have their own written procedures on file for each method of procurement that addresses the items in 23
CFR 172.5(b){l-6)].
Because the procedures and laws described in the Procedural Directive and the guidebook are quite lengthy, the
subsequent steps serve as a short-hand guide to COOT procedures that a local agency must foJlow in obtaining
professional consultant services . This guidance foJlows the format of 23 CFR 172. The steps are :
1. The contracting local agency shaJI document the need for obtaining professional services.
2. Prior to sol icitation for consultant services , the contracting local agency shall develop a detailed scope of work
and a list of evaluation factors and their relative importance . The evaluation factors are those identified in C.R.S .
24-30-1403 . Also , a detailed cost estimate should be prepared for use during negotiations .
3. The contracting agency must advertise for contracts in conformity with the requirements ofC.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 services should include the scope of work, the evaluation factors and th eir 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 analysis and selec tion o f the consultants should b e done in acc ordance with C .R.S . 24 -30-1403. This secti on
of the regulation identifies the criteria to b e use d in the evaluation ofCDOT p re-qualified prime consultants and
their team. It also shows which criteria are used to short-list and to make a final selection.
The short-list is based on the foJlowing evaluation factors :
a . Qualifications,
b . Approach to the project,
c. Ability to fu rn is h professional services .
d . Anticipated design concepts, and
e . Alternative methods of approach for furnishing the professional services .
Evaluation factors for final selection are the consultant's:
a . Abilities of their personnel ,
b . Past performance,
c . Willingness to meet the time and budget requirement,
d . Location,
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 performance evaluation ( a COOT 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 Electronic version·· March 10, 1994
FHWA Form 1273
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General ..................................................................... 1
II. Nondiscrimination ..................................................... 1
Ill . Nonsegregated Facilities .......................................... 3
IV. Payment of Predetermined Minimum Wage ............ 3
V. Statements and Payrolls ........................................... 6
VI. Record of Materials, Supplies, and Labor ................ 6
VII . Subletting or Assigning the Contract ........................ 7
VIII . Safety: Accident Prevention .................................... 7
IX. False Statements Concerning Highway Projects ..... 7
X . Implementation of Clean Air Act and Federal
Water Pollution Control Act....................................................... 8
XI. Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion ......................................... 8
XII. Certification Regarding Use of Contract Funds for
Lobbying ..................................................................................... 9
ATIACHMENTS
A . Employment Preference for Appalachian Contracts
(included in Appalachian contracts only)
I. GENERAL
1. These contract provisions shall apply to all work performed
on the contract by the contractor's own organization and with the
assistance of workers under the contractor's immediate superin-
tendence and to all work performed on the contract by piecework,
station work, or by subcontract.
2 . Except as otherwise provided for in each section, the
contractor shall insert in each subcontract all of the stipulations
contained in these Required Contract Provisions, and further
require their inclusion in any lower tier subcontract or purchase
order that may i n tum be made . The Required Contract Provi-
sions shall not be Incorporated by reference in any case . The
prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with these Required
Contract Provisions .
3. A breach of any of the stipulations conta ined in these
Required Contract Provisions shall be sufficient grounds for
termination of the contract.
4 . A breach of the following clauses of the Required Contract
Provisions may also be grounds for debarment as provided in 29
CFR 5.12 :
Section I , paragraph 2;
Section IV, paragraphs 1, 2, 3 , 4 , and 7 ;
Section V , paragraphs 1 and 2a through 2g .
5. 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
clause of th is contract. Such disputes shall be resolved In accor-
dance with the procedures of the U .S . Department of Labor (DOL)
as set forth In 29 CFR 5 , 6 , and 7. Disputes within the meaning of
th is clause include disputes 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 th i s 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 standa rds 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 m ll!9,.)
set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by
reference in this contract . In the execution of this contract, the
contractor agrees to comply with the following minimum specific
requirement activities of EEO:
a . The contractor will work with the State highway agency
(SHA) and the Federal Government in carrying out EEO obliga-
tions and In their review of his/her activities under the contract.
b . The contractor will accept as his operating policy the
following statement:
"It is the policy of this Company to assure that applicants are
employed, and that employees are treated during employ-
ment, without regard to their race, religion, sex, color,
national origin , age or disability. Such action shall include:
employment, upgrading , demotion , or transfer; recruitment or
recruitment advertising ; layoff or termination; rates of pay or
other forms of compensation ; and selection for training,
including apprenticeship , preapprenticeship, and/or
on-the-job training ."
2 . EEO Officer: The contractor will designate and make
known to the SHA contracting officers an EEO Officer who will
have the responsibility for and must be capable of effectively
administering and promoting an active contractor program of EEO
and who must be a11igned adequate authority and responsibility
to do IO.
3 . DlaMmlnatlon of Polley: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees. or who recommend such aclion, or who are
1ub1tantially Involved in such action , will be made fully cognizant
Exhibit I -Pagel of9
-
of, and will implement , the contractor's EEO policy and contractual
respons ibilities to provide EEO in each grade and classification of
employment. To ensure that the above agreement will be met, the
following actions will be taken as a minimum :
a . Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then not
less often than once every six months , at which time the 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 wh ich the project work force would
normally be derived .
a . The contractor will , unless precluded by a valid bargain-
ing agreement, conduct systematic and direct recruitment 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 contractor has a val id bargain ing agree-
ment providing for exclus ive hiring hall referrals , he is expected to
observe the provis ions of that agreement to the extent that the
system perm its the con tra ctor's compl iance with EEO contract
pro visi on s. (The DOL has held that where implementation of such
agree ments have the effect of d iscri minating aga inst minoriti es or
women, o r obl igates the co ntra cto r to do the sam e, 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. Per sonnel Ac ti ons : Wages, working con ditions, and
employee benefits shall be established and administered, and
personnel actions of every type, includi ng hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color , religion, sex , national origin,
age or disability. The following procedures shall be follo wed :
a . The contractor will conduct periodic Inspections of
project sites to insure that working conditions and employee
facilities do not indicate discriminatory treatment of project site
personnel.
b . The contractor will periodically evaluate the spread of
wages paid with in each classification to determ ine any evidence of
Exhibit I
d iscrim inatory wage practices .
c. The contractor will period ically review selected personnel
actions in depth to determine whether there is evidence of
d iscrimination . Where evidence is found, the contractor will
promptly take corrective action . If the review indicates that the
d iscrimination may extend beyond the actions reviewed , such
corrective action shall include all affected persons .
d . The contractor will promptly investigate all compla ints of
alleged discrimination made to the contractor in connection with
his obligations under th is contract , will attempt to resolve such
complaints , and will take appropriate corrective action within a .
reasonable time . If the investigation indicates that the
d iscrim ination 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 permissible under Federal and State regulations , the
contractor shall make full use of tra ining programs, i.e .,
apprenticeship, and on -the-job training programs for the
geographical area of contract performance . Where feasible , 25
percent of apprentices or trainees in each occupation shall be in
their first year of apprenticesh ip or train ing . In the event a special
provision for training is provided under this contract, this subpara -
graph will be superseded as indicated in the special provision .
c. The contractor will advise employees and appl icants for
employment of available tra ining programs and entrance
requirements for each .
d . The contractor will periodically review the tra ining and
promotion potential of minority group and women employees and
will encourage el igible 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 unions to increase
opportunities for minority groups and women within the un ions ,
and to effect referrals by such unions of minority and female
employees . Actions by the contractor e ither directly or through a
contractor's association acting as agent will include 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 em ployment.
b . The contractor will use best efforts to in co rporate an
EEO clause Into each union agreement to th e end th at such union
will be contractually bound to refer applica nts wi thout reg ard to
their race , color, religion, sex, national origin, ag e or disability .
c. The contractor Is to obtain Information as to the referral
practices and policies of the labor union except that to the extent
such Information is within the exclusive possession of the labor
union and such labor union refuses to furnish such information to
the contractor , the contractor shall so certify to the SHA and shall
set forth what efforts have been made to obtain such Information .
d . In the event the union 11 unable to provide the contractor
Exhibit I -P ge 2 of 9 RE UIR OBY 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 obtain
qualified and/or qualifiable minority group persons and women .
(The DOL has held that It shall be no excuse that the union with
which the contractor has a collective bargaining agreement
providing for exclusive referral failed to refer minority employees .)
In the event the union referral practice prevents the contractor
from meeting the obligations pursuant to Executive Order 11246 ,
as amended , and these special provisions, such contractor shall
immediately notify the SHA.
8. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not discriminate
on the grounds of race, color, religion, sex, national origin , age or
disability in the selection and retention of subcontractors , including
procurement of materials and leases of equipment.
a . The contractor shall notify all potential subcontractors
and suppliers of hi s/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 their
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 the ir EEO obligati ons .
9 . Records and Reports: The contractor shall keep such
records as necessary to document compl iance w ith the EEO
requ i rements . Such records shall be retained 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-
rized representatives of the SHA and the FHWA.
a . The records kept by the contractor shall document the
followi ng :
(1) The number of minority and non-minori ty group
members and women employed in each work class ification on the
p roj e ct ;
(2) T he progress and efforts being made in cooperation
with unions , when applicable, to increase employment opportuni-
ties for minorities and women;
(3) The progress and efforts being made in locating ,
h iring , tra i ni ng , qualifying , and upgrading minority and female
employees ; and
(4) The progress and efforts being made in securing
the services of DBE subcontractors or subcontractors with
meaningful minority and female representation among their
employees .
b . The contractors will submit an annual report to the SHA
each July for the duration of the project, Indicating the number of
minority, women , and non-m inority group employees currently
engaged In each work classification required by the contract work .
T hi s Information is to be reported on Form FHWA-1391 . If on -the
Jub Lr aining is being requ ired by special provision , the contractor
will be requ ired to collect and report training data .
Ill. NONSEGREGATED FACILITIES
(Appli cabl to all F dera l-aid construction con tra cts nd to II
Exhibit I
related subcontracts of $10 ,000 or more .)
a . By submission of this bid , the execution of this contract
or subcontract, or the consummation of this 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
segrega 1 facilities are maintained . The firm agrees that a
breach of ... s certification is a violation of the EEO provisions of
this contract. The firm furthe r certifies that no employee will be
denied access to adequate facilities on the basis of se x or
disability.
b . As used in this certification , the term "segregated
facilities• means any waiting rooms, work areas , restrooms and
washrooms , restaurants and other eating areas, timeclocks , locker
rooms , and other storage or dressing areas , parking lots, drinking
fountains, recreation or entertainment areas , transportation, and
housing facilities provided for employees which are segregated by
explicit directive, or are , in fact, segregated on the basis of race ,
color, religion , national 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 that it has obtained or will obtain
identical certification from proposed subcontractors or material
suppliers prior to award of subcontracts or consummation of
material supply agreements of $10,000 or more and that it will
reta in 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 ,
wh i ch are exempt.)
1 . General:
a . Al l 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 deduction or rebate on
any account [except such payroll deductions as are permitted by
regulations (29 CFR 3) issued by the Secretary of Labor under the
Copeland A ct (40 U .S .C . 276c )] the full amounts of wages and
bona fide fri nge benefits (or cash eq uivalents thereof) due at ti me
of payment. The pa ym ent shall be computed at wage ra tes not
less than those contained In the wage determination of the
Secretary of Labor (hereinafter "the wage determination") which is
attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the
contractor or its subcontractors and such laborers and mechanics .
The wage determination (including any additional classifications
and wage rates conformed under paragraph 2 of this Section IV
and the DOL poster (WH-1321) or Form FHWA-1495) shall be
posted at all times by the contractor and its subcontractors at the
site of the work in a prominent and accessible place where It can
be easily seen by the workers . For the purpose of this Section ,
contributions made or costs reasonably anticipated for bona fide
fringe benefits under Section 1(b)(2) of the Davis-Bacon Act (40
U .S .C . 276a) on 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
th is Section, , egular contributions made or COit.i incurred for more
than a weekly period (but not less often than quarterly) under
plans, funds , or programs , which cover the particular weekly
period , are deemed to be constructively made or Incurred during
such weekly period . Such laborers and mechanics s hall be paid
the appropriate wage rate and fri nge benefits on the wage
Ex hibit I • Page 3 of 9 R!QUIR D BY 23 CF 633 .102
.....
determination for the classification of work actually performed,
without regard to skill, except as provided in paragraphs 4 and 5
of this Section IV.
b. Laborers or mechanics performing work in more than
one classification may be compensated at the rate specified for
each classification for the time actually worked therein, provided,
that the employer's payroll records accurately set forth the time
spent in each classification in wh ich work is performed .
c. All rulings and interpretations of the Davis-Bacon Act and
related acts contained in 29 CFR 1, 3, and 5 are herein incorpo-
rated by reference in this contract.
2 . Classlflcatlon :
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 determ ination ;
(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 relationsh ip to the wage rates
con tained in the wage determ ination ; and
(4) with respect to helpers , when such a classification
prevails in the area in wh ich 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 the ir representatives, and the contracting officer
agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the DOL ,
Administrator of the Wage and Hour Division, Employment Stan-
dards Admin istration , Wash ington , D.C . 20210 . The Wage and
Hour Adm inistrator, or an authorized representative , will approve ,
modify , or d isapprove every add itional classification action with in
30 da ys of re ce ipt and so advise the contracting officer or will
notify th e con tracting officer with in the 30-day peri od that
additio nal 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 Administra tor , or an authorized represen-
tative , will issue a determination wi thin 30 days of receipt and so
adv ise the contracting officer or will notify the contracting officer
with in 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
s ha ll be pa id to all workers performing work In the additional
classifica tion from the first day on which work Is performed In the
classification .
3. Payment of Fringe Benefits :
Exhibit I
a . Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechan ics includes a fringe
benefit which is not expressed as an hourly rate , the contractor or
subcontractors , as appropriate, shall either pay the benefit as
sta ted in the wage determination 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 third person, he/she may
consider as a part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program , provided , that the Secre-
tary of Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis-Bacon Act have been
met. The Secretary of Labor may require the contractor to set
aside in a separate account assets for the meeting of obligations
under the plan or program .
4. Apprentices and Trainees (Programs of the U.S . DOL)
and Helpers:
a . Apprentices:
(1) Apprentices will be permitted to work at less than
the predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the DOL, Employment and
Training Administration, Bureau of Apprenticeship and Training , or
with a State apprenticeship agency recognized by the Bureau, or if
a person is employed in his/her first 90 days of probationary
employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has
been certified by the Bureau of Apprenticesh ip and Training or a
State apprenticeship agency (where appropriate) to be e ligible 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 perform ing work on the job site in excess of the
ra ti o permitted under the registered program shall be paid not less
than the applicable wage rate on the wage determ inati on fo r the
work actually performed . Where a contractor or subcontractor is
perform ing construction on a project in a local ity other than that in
wh ich its prog ra m is reg istered , the rati os and wage rates (ex-
pressed in percentages of the journeyman-level hourly rate)
specified in the contractor's or subcontractor's registered program
shall be observed .
(3) Every apprentice must be 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 ra te specified in the applicable wage determination .
Apprentices shall be paid fri nge 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 Apprenticesh ip and
Train ing , or a State apprenticeship agency recognized by the
Bureau , withdraws approval of an apprenticesh ip program , the
contractor or subcontractor will no longer be permitted to utilize
apprentices at less than the applicable predeterm in ed rate for the
Exhibi t I -Page 4 of 9 REQUIRED BY 23 CF R 633 .102
)
comparable work performed by regular employees until an accept-
able program is approved.
b . Trainees :
(1) Except as provided in 29 CFR 5 .16, trainees will not
be permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval , evidenced by formal certification by the DOL,
Employment and Training Administration .
(2) The ratio of trainees to journeyman-level employees
on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration . Any
employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less
than the applicable wage rate on the wage determination for the
classification of work actually performed . In addition , any trainee
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
paid fringe benefits in accordance with the provisions of the
trainee program . If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits
listed on the wage determination unless the Administrator of the
Wage and Hour Division determines that there is an apprentice-
ship program associated with the corresponding journeyman-level
wage rate on the wage determination 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 Training
Administration withdraws 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
helper classification is specified and defined on the applicable
wage determination or is approved pursuant to the conformance
proced ure set forth in Section IV .2 . Any worke r listed on a payroll
at a helper wage rate, who is not a helper under a approved
definition , shall be paid not less than the applicable wage rate on
the wage determination for the classification of work actually per-
fo rmed .
5 . Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and
sk ill train ing programs which have been certified by the Secretary
of Transportation as promoting EEO in connection with Federal-
aid highway construction programs are not subject to the require-
ments of paragraph 4 of th is Section IV . The stra ight time hourly
wage rates for apprentices and tra inees under such programs will
be established by the particular programs . The ratio of apprentic-
e s and tra inees to Journeymen shall not be greater than pe, milted
by the terms of the particu lar program .
6 . Wlthholdlng :
The S HA shall upon its own actio n or upon wntten request
of n uthorized re presen ta tive of the DOL withhold , or cau se to
be w,thh Id , from the contr ctor or subcontractor und r 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 , trainees, and helpers, em-
ployed by the contractor or any subcontractor the full amount of
wages required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or helper,
employed or working on the site of the work , all or part of the
wages required by the contract, the SHA contracting officer may,
after written notice to the contractor, take such action as may be
necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.
7 . Overtime Requirements:
No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of
laborers, mechanics, watchmen , or guards (induding apprentices ,
trainees, and helpers described in paragraphs 4 and 5 above)
shall require or permit any laborer, mechanic , watchman, or guard
in any workweek in which he/she is employed on such work, to
work in excess of 40 hours in such workweek unless such laborer,
mechanic, watchman, or guard receives compensation at a rate
not less than one-and-one-half times his/her basic rate of pay for
all hours worked in excess of 40 hours in such workweek.
8 . Vlolatlon :
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 dause set forth in
paragraph 7, in the sum of $10 for each ca , ar day on which
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 cause to be
withheld , from any monies payable on account of work performed
by the contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any
other Federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which Is held by the same prime
contractor, such sums as may be determ ined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as prov ided in the dause set forth
in paragraph B above .
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal-aid construction contracts exceeding
$2 ,000 and to all related subcontracts , except for projects located
on roadways classified as local roads or rural collectors , which are
exempt.)
1. Compliance with Copeland Regulat lons (29 CFR 3):
The contractor shall comply with the Copeland Regulations of
the Secretary of Labor wh ich are herein Incorporated by reference .
2 . Payrolls and Payroll Recorda :
hibi t I -P g S of 9 R UIR O Y 2 crR 33.102
)
a . Payrolls and basic records relating 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 for all laborers, mechanics ,
apprentices, trainees, watchmen , helpers, and guards working at
the site of the work .
b . The payroll records shall contain the name, social
security number, and address of each such employee ; his or her
correct classification; hourly rates of wages paid (including rates of
contributions or 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
reside in the labor area as defined in Attachment A, paragraph 1.
Whenever the Secretary of Labor, pursuant to Section IV,
paragraph 3b, has found that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated
in providing benefits under a plan or program described in Section
1(b)(2)(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 trainees under approved programs shall maintain
written evidence of the registration of apprentices and trainees,
and ratios and wage rates prescribed in the applicable programs .
c . Each contractor and subcontractor shall furnish, each
week in which any contract work is performed, to the SHA resident
eng ineer a payroll of wages paid each of Its employees (including
apprentices , trainees, and helpers, described in Section IV , para-
graphs 4 and 5 , and watchmen and guards engaged on work
during the preceding weekly payroll period). The payroll submitted
shall set out accurately and completely all of the information
required to be maintained under paragraph 2b of this Section V .
This information may be submitted in any form desired . Optional
Form WH-347 is available for this purpose and may be purchased
from the Superintendent of Documents (Federal stock number
029-005-0014-1), U .S . Government Printing Office , Wash ington,
D.C. 20402 . The prime contractor is responsible for the submis-
sion of copies of payrolls by all subcontractors .
d . Each payroll subm itted shall be accompan ied by a
·statement of Compliance,' signed by the contractor or subcon-
tractor or his/her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the follow-
ing :
(1) that the payroll for the payroll period contains the
information required to be maintained under paragraph 2b of th is
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
the payroll period has been paid the full weekly wages earned ,
without rebate , e ither directly or indirectly, and that no deductions
have been made e ither directly or indirectly from the full wages
earned , other than perm issible deductions as set forth In the
Regulations, 29 CFR 3;
(3) that each laborer or mechanic has been paid not
less that the applicable wage rate and fringe benefits or cash
equ ivalent for the classification of worked performed, as specified
in the applicable wage determination Incorporated Into the
contract.
e . The weekly submission of a property executed certifica-
tions t forth on the reverse side of Optional Form WH -347 shall
Exhibit I
satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph 2d of th is Section V .
f . The falsification of any of the above certifications may
subject the contractor to civil or criminal prosecution under 18
U .S .C . 1001 and 31 U.S .C . 231.
g . The contractor or subcontractor shall make the records
required under paragraph 2b of this Section V available for
inspection, copying, or transcription by authorized representatives
of the SHA, the FHW A, 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 submit the required
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
suspension of any further payment, advance, or guarantee of
funds . Furthermore , failure to submit the required records upon
request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5 .12 .
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
1. On all Federal-aid contracts on the National Highway
System, except those which provide solely for the installation of
protective devices at railroad grade crossings, those which are
constructed on a force account or direct labor basis, highway
beautification contracts, and contracts for which the total final
construction cost for roadway and bridge is less than $1,000,000
(23 CFR 635) the contractor shall :
a . Become familiar 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
Federal Funds ," prior to the commencement of work under this
contract.
b. Maintain a record of the total cost of all materials and
supplies purchased for and incorporated in the work, and also of
the quantities of those specific materials and supplies listed on
Form FHWA-47, and in the units shown on Form FHWA-47 .
c . Furnish , upon the completion of the contract , to the SHA
resident engineer on Form FHWA-47 together with the data
required in paragraph 1 b relative to materials and supplies . a final
labor summary of all contract work indicating the total hours
worked and the total amount earned .
2 . At the prime contractor's option , either a single report
covering all contract work or separate reports for the contractor
and for each subcontract shall be submitted .
VII . SUBLETTING OR ASSIGNING THE CONTRACT
1. The contractor shall perform with its own organ izati on
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 total 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 organ ization" 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
without operators . Such term does not include employees or
equ ipment of a subcontractor, a11 ignee . or agent of the prime
contractor .
b. "Specialty Items" shall be construed to be limited to
work that requires highly specialized knowledge , abllllies , or
Exhibit I -Page 6 of 9 R UIR D Y 23 CFR 633 .102
l
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid on the contract as a
whole and in general are to be limited to minor components of the
overall contract.
2. The contract amount upon which the 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 perfonms 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 sanitation (23 CFR 635). The contractor shall
provide all safeguards , safety devices and protective equipment
and take any other needed actions as it determines , or as the 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 , which the contractor enters into
pursuant to this contract, that the contractor and any subcontractor
shall not permit any employee , in performance of the contract, to
work in surroundings or under conditions which are unsanitary,
hazardous or dangerous to his/her health or safety, as detenmined
under construction safety and health standards (29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with
Section 107 of the Contract Work Hours and Safety Standards Act
(40 u.s.c . 333).
3. Pursuant to 29 CFR 1926 .3, it is a condition of this co ntract
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
PROJ ECTS
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made by
engineers, contractors, suppliers, and workers on Federal-aid
highway projects , it Is essential that all persons concerned with the
proJect perform their functions as carefully, thoroughly, and
honestly as possible. Willful falsification , distortion , or misrepre-
sentation w ith respect to any facts related to the project Is a
v1olalion of Federal law. To prevent any misunderstanding
regarding the seriousness of these and similar acts , the following
notice shall be peat d on each Fed rat-a d highway project (23
Exhibit I
CFR 635) in one or more places where it is readily available to all
persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID
HIGHWAY PROJECTS
18 U .S.C . 1020 reads as follows :
"Whoever, being an officer, agent, or employee of the United
States, orof any State or Territory, or whoever, whether a person,
association, firm, or corporation, knowingly makes any false
statement, false representation, or false report as to the character,
quality, quantity, or cost of the material used or to be used, or the
quantity or quality of the work performed or to be performed, or the
cost thereof in connection with the submission of plans, maps,
specifications, contracts, or costs of construction on any highway
or related project submitted for approval to the Secretary of
Transportation ; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to be
performed, or materials furnished or to be furnished, in connection
with the construction of any highway or related project approved
by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or
report submitted pursuant to provisions of the Federal-aid Roads
Act approved July 1, 1916, (39 Stat. 355), as amended and
supplemented;
Shall be fined not more that $10,000 or imprisoned not more
than 5 years or both.•
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
(Applicable to all Federal-aid construction contracts and to all
related subcontracts of $100,000 or more .)
By submission of this bid or the execution of this contract, or
subcontract, as appropriate , the bidder, Federal-aid construction
contractor, or subcontractor, as appropriate , will be deemed to
have stipulated as follows :
1. That any facility that is or will be utilized in the performance of
this contract, unless such contract is exempt under the Clean Air
Act , as amended (42 U .S .C. 1857 §!ifil!., as amended by Pub.L.
91-604), and under the Federal Water Pollution Control Act, as
amended (33 U .S .C . 1251 §!ifil!., as amended by Pub.L. 92-500),
Exe cuti ve Order 11738 , and reg ulatio ns in Implemen tati on th ereof
(40 CFR 15) is not listed , on the date of contract aw ard, on the
U .S . Environmental Protection Agency (EPA) List of Violating
Facilities pursuant to 40 CFR 15 .20 .
2 . That the firm agree s to comply and rem ain in compliance with
all th e requirements of Section 11 4 of the Clean Air A ct an d
Section 308 of the Federal Water Pollution Control Act and all
reg ulati o ns and guideli nes listed th ereu nd er.
3 . That the fi rm sha ll promptly notify th e SH A of the receipt of any
communicati on from the Director, Office of Federal Activities,
EP A , 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
noneKempt subcontract, and further agrees to take such action as
the government may direct as a means of enforcing such
requirements .
h1bit I -Page 7 of 9 REQUIRED BY 23 CFR 633 ,102
XI. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
1. Instructions for Certification • Primary Covered
Transactions :
(Appl icable to all Federal-aid contracts • 49 CFR 29)
a . By signing and submitting th is proposal , the prospective
primary participant is providing the certification set out below.
b . The inability of a person to provide the certification set
out below will not necessarily result in denial of participation in this
covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below.
The certification or explanation will be cons idered in connection
with the department or agency's determination whether to enter
into this transaction . However, failure of the prospecti ve primary
participant lo furn ish a certification or an explanation shall
disqualify such a person from participation in this transactio n.
c . The certification in th is clause is a material
representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction . If
it is later determined that the prospective primary participant
knowingly rendered an erroneous certification , in addition to other
remedies avai lable to the Federal Government, the department or
agency may terminate this transaction for cause of default.
d . The prospective primary participant shall provide immedi-
ate written notice to the department or agency to whom this
proposal is subm itted if any l ime the prospective primary partici-
pant learns that its certifica ti on was erroneous when subm itted or
has becom e erroneous by reason of changed circumstances .
e . The terms "covered transacti on." "debarred ."
"suspended ." "i nel igible ." "lower lier covered transacti on ."
"participant ." "person ," "primary covered transaction ." "principal,"
"proposal ." and "voluntarily excluded ." as used in th is clause , have
the mean ings set out in the Definitions and Coverage sections of
ru les implementing Executive Order 12549 . You may contact the
department or agency to which th is proposal is submitted for
assi stan ce in obtaining a copy of those regulations .
f . The prospective primary partic ipant agrees by subm itting
this proposa l th at , s hould the propo sed covered transacti on be
entered into, it shall not knowing ly e nter into an y lower lier co vered
transaction with a person who is debarred , suspended , decla red
ineligible, or voluntarily excluded from part ici pation in th is covered
transaction , unless authorized by the department or agency
entering Into this transaction.
g . The prospective primary participant further agrees by
submitting this proposal that it will incl ude the clause tilled
"C ert ification Regard ing Debarment, Suspens ion , Ineligibility and
Voluntary Exclusion-Lowerner Covered Transaction," provided by
the department or agency entering into this covered transaction ,
without modification, In all lower lier covered transactions and in
all solicitations for lower lier covered transactions .
h . A participant in a covered transaction may rely upon a
certifi cation 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 wh ich it determ ines the elig ibility of its
principals . Each participant may, but Is not required to , check the
nonprocurement portion of the "Lists of Parties Excluded From
Federal Procurement or Nonprocurement Programs• (Nonprocure-
m nt List) which 11 complied by the General Services
Adminlstr lion .
Exhibit I
I. Nothing conta ined in the forego ing 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 ord inary course
of business deal ings .
j . Except for transactions autho ri zed under paragraph f of
these instructions , if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended , debarred , ineligible , or volunta rily
excluded from participation in this transacti on , in add ition to other
remedies available to the Federal Government, the department or
agency may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension,
lnellglblllty and Voluntary Exclusion-Primary Covered
Transactions
1. The prospective primary participant certifies to the best of its
knowledge and bel ief. that it and its principals :
a. Are not presently debarred , suspended , proposed for
debarment, declared inel igible, o r voluntarily excluded from
covered transactions by any Federal department or agency;
b . Have not within a 3-year period preceding this proposal
been convicted of or had a civil judgement rendered against them
for commission of fraud or a criminal offense in connection with
obta ining , attempting to obtain , or performing a public (Federal ,
State or local) transaction or contract under a pu bl ic transaction ;
violation of Federal or State antitrust statutes or commission of
embezzlement , theft, forgery, bribery , falsification or destruction of
records , mak ing false statements , or receiving stolen property;
c . Are not presenUy indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal , State or local)
w ith comm ission of any of the offenses enumerated in paragraph
1 b of th is certification ; and
d . Have not with in a 3-year period preceding this
applicati on/proposal had one or more public transactions (Federal ,
State or local) term inated for cause or default.
2. Wh ere the prospective pri mary partici pant is unable to ce rtify
to any of the sta tem ents in th is certifi cation , s uch prospe ctive
parti cipant shall attach an ex pl a nati on to th is proposal.
2. Instructions for Certification • Lo wer Tier Covered
Transactions:
(Applicable to all subcontracts, purchase orders and other lower
tier transactions of $25,000 or more -49 CFR 29)
a. By signing and submitting this proposal , the prospective
lower tier Is providing the certification set out below.
b. The certification In this clause Is a material
representation of fact upon which reliance was placed when th is
transaction was entered Into . If It is later determined that the
prospective lower lier participant knowingly rendered an
erroneous certification , In addition to other remed ies available to
the Federal Government, the department, or agency with which
this transaction originated rnay pursue available remedies,
Includ ing suspension and/or debarment.
Exhibi t I -Page 8 of 9 REQUIRED BY 23 CFR 633 .102
c. The prospective lower tier participant shall provide
Immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier 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
modification , in all lower tier covered transactions and in all
solicitations for lower tier covered transactions .
g . A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or volun-
tarily excluded from the covered transaction , unless it knows that
the certification is erroneous . A participant may decide the
method and frequency by which it determines the eligibility of its
principals . Each participant may, but is not required to , check the
Nonprocurement List.
h . Nothing contained in the fo regoing shall be construed to
requ ire establishment of a system of records in order to render in
good faith the certification requ ired by this clause. The knowledge
and information of participant is not requ ired to exceed that which
is normally possessed by a prudent person in the ord inary course
of bus iness dealings .
I. Except for transacti ons autho rized under paragraph e of
these instructions , if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended , debarred , ineligible , or volunta ril y
excl uded from participation in this tran saction , in add ition to other
reme dies availa ble to the Fe deral Government, the department or
agency with which this transaction originated may pursue
available remedies, including suspension and/or debarment.
Ce rt ification Rega rding Debarment , Suspension ,
ln e llg lblllty and Voluntary Exc lu slon-Lowe r T ie r Covered
Tran11ctlon s:
1. The prospective lower tier partcipant 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
certify to any or the statements In th is certification , such prospec-
tive participant shall attach an explanation to this proposal.
Exhibit I
XII. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS OR LOBBYING
(Applicable to all Federal-aid construction contracts and to all
related subcontracts which exceed $100,000 -49 CFR 20)
1. The prospective participant certifies, by signing and submit-
ting th is bid or proposal, to the best or 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 unders igned , to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member or Congress, an officer or employ-
ee of Congress, or an employee of a Member of Congress in
connection with the awarding or any Federal contract, the making
of any Federal grant, the making of any Federal loan, the entering
into or any cooperative agreement, and the ex1ension , 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 or any Federal agency, a
Member of Congress , an officer or employee of Congress , or an
employe11 of a Member of Congress in connection with this
Federal contract, grant, loan , or cooperative agreement, the
undersigned shall complete and submit Standard Forrn-LLL ,
"Disclosure Form to Report Lobbying," in accordance with its
instructions.
2 . Th is certification is a material representation of fact upon
wh ich reliance was placed when th is transaction was made or
entered into. Subm iss ion or th is certification is a prerequisite for
making or entering into th is transaction imposed by 31 U.S .C .
1352 . Any person who fa ils 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 certification be included in all lower tier subcontracts , wh ich
exceed $100,000 and that all such reci pients shall certify and
disclose accord ingly.
Exhibi t I -P ge 9 of 9
l
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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 ofFederal Regulations , Part 18, except to the extent that other applicable
federal requirements (including the provisions of 23 CFR Parts 172 or 633 or 635) are more specific than
provisions of Part 18 and therefore supersede such Part 18 provisions. The requirements of 49 CFR 18 include,
without limitation :
1. the Local Agency/Contractor shall follow applicable procurement procedures, as required by section 18.36(d);
2 . the Local Agency/Contractor shall request and obtain prior COOT approval of changes to any subcontracts in the
manner, and to the extent required by, applicable provisions of section 18 .30;
3. the Local Agency/Contractor shall comply with section 18 .3 7 concerning any sub grants ;
4 . to expedite any COOT approval, the Local Agency/Contractor's attorney, or other authorized representative, shalJ
also submit a letter to COOT certifying Local Agency/Contractor compliance with section 18.30 change order
procedures, and with 18 .36(d) procurement procedures, and with 18.37 subgrant procedures, as applicable ;
5. the Local Agency/Contractor shall incorporate the specific contract provisions described in 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 113 75 of October 13 , 1967 and as supplemented in Department of Labor regulations (41 CFR Chapter
60) (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees).
C. The Copeland "Anti-Kickback" Act (18 U .S.C. 874) as supplemented in Department ofLaborregulations (29
C FR 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 lo cali ty of the project by the Secretary of Labor).
E. Sec tions 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U .S .C . 327-3 30) as
supplem ent ed b y De partment of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and
s ubgran tees in excess o f $2,000 , and in excess of $2,500 fo r oth er contracts wh ich invol ve 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, subcontracts, and subgrants of amounts in excess of $100,000).
G. Mandatory standards and p olicies relatin g to energy efficiency whi ch are contained in the state energy
conservation plan issued in comp liance wi th the Energy Policy an d Con servation Act (P ub. L. 94-163 ).
H. Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, whichever is
applicable .
I. The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that federal
Exhibit J -Page I of 3
Exhitiit J
fund s cannot be used for partisan political purposes of any kind by any person or organizati on involved in the
administration of federally-assisted 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 , IO 1 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 . 2 3 C .F .R Part 633 , concerning "Required Contract Provis ions for Federal-Aid Construction Contracts".
Q . 23 C .F.R . Part 635 , concerning "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
requirements for which are shown in the Nondiscrimination Provisions, which are attached hereto and made a part
h ereof.
S. N ondiscri mination Provis ions :
In co mpli an ce wi th Ti tl e VI of th e Ci vil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of
1973, th e Contractor, for itse lf, its as signees and successors in interest, agree as follow s:
1. Compliance with Regulations . The Contractor will comply with the Regulations of the Department of
Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title
49 , Code ofFederal Regulations , Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated
by reference and made a part of this contract.
2 . Nondi scrimination . The Contractor, with regard to the work performed by it after award and prior to
co mpletion of the contract work , will not discriminate on the ground of race, color, sex, mental or physical han dicap or
national origin in the se lection and retention of Subcontractors, including procurement of materials and leases of
equ ipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section
21.5 fthe Regulation s, including employment practices when the contract covers a program set forth in Appendix C of
the Regulation s.
3. Solicitation for Subcontract • Including Procurement of Material s and Equipment. In all solicitations
hibit J -P ge 2 of 3
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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 ofrace, 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 . Incomoration 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 .
E hibit J -P e 3 of 3
BY AUTHORITY
ORDINANCE NO.
SERIES OF 2006
COUNCIL BILL NO . 37
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE VACATING THE ALLEY RIGHT-OF-WAY LOCATED IN THE 1800 TO
1900 BLOCK, BETWEEN SOUTH RARITAN AND SOUTH TFJON STREETS, IN THE CITY
OF ENGLEWOOD, COLORADO .
WHEREAS, the property owners abutting the alley located in the 1800 to 1900 block between
South Raritan and South Tejon Streets in the City of Englewood, Colorado, have submitted a letter
of justification for the request along with a petition signed by 100% of the abutting property owners
for vacation of that portion of the alley; and
WHEREAS , a public right-of-way may be vacated when it is no longer needed to provide access
or services to abutting properties and when 100% of abutting property owners favor the vacation;
and
WHEREAS , 100% of adjoining property owners favor the vacation, the request was referred to
City departments, that currently have no utilities located within the alley, and outside agencies that
have service in or use of the right-of-way, which agencies are Comcast, Excel Energy and Qwest;
and
WHEREAS, the City and other utilities request a sixteen-foot utility easement be retained; and
WHEREAS, the matter is then referred to the Planning and Zoning Commission to review and
determine whether or not there is further public purpose for retaining the right-of-way ; and
WHEREAS , the Planning and Zoning Commission recommends to City Council that it approve
the said right-of-way vacation; and
WHEREAS, the surround ing property is zoned 1-1 Light Industrial District and the said alley
has not been used as an alley by the public for many years ; and
WHEREAS , the vacated alley will revert to the abutting property owners and will be fenced
into the abutting properties ; and
WHEREAS , the City will reserve a sixteen-foot (16 ') utility easement over this right-of-way
area .
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUN IL OF THE CITY OF
N LEW D, L RA ,ASF LL WS :
11 bi
Section 1. The City Council of the City of Englewood, Colorado, hereby authorizes vacation of
the alley right-of-way between 1800 and 1900 blocks between South Raritan and South Tejon
Streets, in the City of Englewood, while expressly reserving to the City a sixteen-foot (16') wide
utility easement over the entire alley area as legally described and shown on attached Exhibit 1.
Introduced, read in full, and passed on first reading on the 18th day of September, 2006.
Published as a Bill for an Ordinance on the 22nd day of September, 2006.
Read by title and passed on final reading on the 2nd day of October, 2006 .
Published by title as Ordinance No. __ , Series of 2006, on the 6th day of October, 2006.
Olga Wolosyn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance passed on final reading on the 2nd
day of October, 2006.
Loucrishia A. Ellis
D
( COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
October 2, 2006 11 Ci Contract for Professional Services -
Golf Course Environmental Consulting
Initiated By: Staff Source:
Public Works Department Rick Kahm, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved Ordinance No. 28, Series 2006, approving a Property Lease Agreement with the
Sheridan Redevelopment Agency.
RECOMMENDED ACTION
Staff recommends that Council approve, by Motion, a contract with Major Environmental Services,
Inc., in the amount of $264,000, for environmental monitoring and consulting services related to the
reconstruction of the Golf Course and redevelopment of associated property.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Environmental oversight of construction activities for the Sheridan Redevelopment Project and for
the reconstruction of the Englewood Golf Course is critical. Although Miller/Weingarten is
responsible for all the construction related activities, the City of Englewood is considered the
"generator" of any hazardous materials in the landfill . The City will always be responsible for any
hazardous materials that leav e the site . Major Environmental will monitor excavated landfill material
and assure that any loads that leave the site are properl y manifested . The Colorado Department of
Health issued a "Voluntary Cleanup Plan " (VCUP i for the project. Two separate permits were
issued by the State, one for the Golf Course reconstruction, and one for the retail de velopment.
Approximately 54 acres of th e retail deve lopment is loca ted on City of Englewood land leased to
Miller/Weingarten. Major Environme ntal wi ll monitor construction activities performed by th e
developer's contractors to assure compliance with both VCUP's. Based on the developer's
proposed construction schedule, Major Environmental Services will need to be on site
approximately twenty hours per day, seven days per week, for a six month period.
FINANCIAL IMPACT
Funding for the environmental oversight is allocated as part of the $650,000 paid by Miller
Weingarten. The funds were set aside for a pump station, environmental consu ltants, wetlands
remediation and fencing along the eastern perimeter of the project.
LI ST OF ATTACHMENTS
Professional Services Agreement
(
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (the "Agreement ") is made as of this 2nd day of October,
2006, by and between Major Environmental Services, Inc ., a Colorado corporation, whose address
is PO Box 166662, Golden, Colorado, 80402, ("Contractor") and The City of Englewood, Colorado,
a municipal corporation organized under the laws of the state of Colorado ("City ").
City desires that Contractor provide environmental consulting services, as described in Schedule A ,
and Contractor desires to perform such services on behalf of City on the terms and conditions set
forth herein, the total estimated cost thereof being Two-hundred sixty-four thousand dollars and
no cents ($264,000.00).
In consideration of the foregoing and the terms hereinafter set forth and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged , the parties hereto,
• intending to be legally bound, agree as follows:
1. Definitions. The terms set forth below shall be defined as follows :
(a) "Intellectual Property Rights " shall mean any and all (by whatever name or term known
or des ignated) tangible and intangible and now known or hereafter existing (1) rights associate with
works of authorship throughout the universe , including but not limited to copyrights , moral rights, and
mask-works , (2) trademark and trade name rights and similar rights , (3) trade secret rights, (4)
patents , designs , algorithms and other industrial property rights, (5) all other intellectual and industrial
property rights (of every kind and nature throughout the universe and however designated) (including
logos, "rental " rights and rights to remuneration), whether arising by operation of law, contract ,
license , or otherwise , and (6) all registrations , initial applications , renewals, extensions, continuations ,
div isions or reissues hereof now or hereafter in force (including any rights in any of the foregoing).
(b) "Work Product" shall mean all patents , patent applications, inventions , designs, mask
wo rks , processes , methodologies , copyrights and copyrightable works , trade secrets includ ing
confid e nt ial inform ati on, data , des igns , man uals , t ra ining materials and documentati on , formula s,
knowledge of manufacturing processes , methods , prices , financial and accounting data , products and
product spec ificat ions and all other Intellectual Property Righ ts created , developed or prepared ,
documented and/or del ivered by Contractor, pursuant to the pro vision of the Services .
2. Statements of Work. During the term hereof an d subj ect to the terms an d conditions
contained herein , Contractor agrees to provi de , on an as requested ba sis , th e con sul t in g services ,
systems integration services , da t a conversi on se rv ices, t raining serv ice s, and rel ated services (the
"Services ") as further described in Schedule A (the "St at ement of Work ") for Ci ty, an d in such
additional Statements of Work as may be execute d by e ach of th e pa rt ies hereto from time to time
pursuant to this Agreement. Each Statement of Work shall speci f y the scope of work , specifications ,
bas is of compensat ion and payment schedule , estimated length of time required to complete each
Stat ement of Work , includ ing the estimated start/finish dates , and other relevant information and shall
incorpo rate a ll te rms and cond itions conta ined in this Agreement
D
3. Performance of Services.
(a) Performance. Contractor shall perform the Services necessary to complete all
projects outlined in a Statement of Work in a timely and professional manner consistent with the
specifications, if any , set forth in the Statement of Work, and in accordance with industry standards .
Contractor agrees to exercise the highest degree of professionalism , and to utilize its expertise and
creative talents in completing the projects outlined in a Statement of Work.
(b) Delays. Contractor agrees to notify City promptly of any factor, occurrence , or event
coming to its attention that may affect Contractor's ability to meet the requirements of the Agreement ,
or that is likely to occasion any material delay in completion of the projects contemplated by this
Agreement or any Statement of Work . Such notice shall be given in the event of any loss or
reassignment of key employees , threat of strike, or major equipment failure . Time is expressly made
of the essence with respect to each and every term and provis ion of this Agreement.
(c) Discrepancies. If anything necessary for the clear understanding of the Services has
been omitted from the Agreement specifications or it appears that various instructions are in conflict ,
Vendor shall secure written instructions from City 's project director before proceeding with the
performance of the Services affected by such omissions or discrepancies .
4. Invoices and Payment. Unless otherwise provided in a Statement of Work, City shall pay the
amounts agreed to in a Statement of Work within thirty (30) days following the acceptance by City of
the work called for in a Statement of Work by City . Acceptance procedures shall be outlined in the
Statement of Work. If City disputes all or any portion of an invoice for charges , then City shall pay the
undisputed portion of the invoice by the due date and shall provide the following notification with
respect to the disput.ed portion of the invoice. City shall notify Contractor as soon as possible of the
spec ific amount disputed and shall provide reasonable detail as to the basis for the dispute. The
parties shall then attempt to resolve the disputed portion of such invoice as soon as possible . Upon
resolution of the disputed portion , City shall pay to Contractor the resolved amount.
5. Taxes. City is not subject to taxation . No federal or other taxes (excise , luxury ,
transportation , sales , etc.) shall be included in quoted prices . City shall not be obligated to pay or
re imburse Contractor for any taxes attributable to the sale of any Services which are imposed on or
measured by net or gross income, capital, net worth , franchise , privilege, any other taxes , or
assessments , nor any of the forego ing imposed on or payable by Contractor. Upon written notification
by City and subsequent verification by Contractor, Contractor shall reimburse or credit , as applicable ,
City in a ti me ly manner, for any and all taxes erroneously paid by C ity . City shall prov ide Contracto r
w ith , and Cont ractor shall accept in good fa ith , resale , direct pay , or other exemption cert if icates , as
applicable .
6. Out of Pocket Ex penses. Contractor shall be reimbursed only for expenses which are
expressly provided for in a Statement of Work or which have been approved in advance in writing by
City , provided Contractor has furnished such documentation for authorized expenses as City may
reasonably request.
7. Aud its. Contractor shall provide such employees and independent auditors and inspectors as
City may designate with reasonable access to all sites from which Services are performed for the
purposes of performing audits or inspections of Contractor's operations and compliance with this
Agreement. Contractor shall prov ide such auditors and inspectors any reasonable assistance that
they may require . Such audits shall be conducted in such a way so that the Services or serv ices to
any other customer of Contractor are not impacted adversely .
8. Term and Termination. The term of this Agreement shall commence on the Effective Date
and shall continue unless this Agreement is terminated as provided in this Section 8 .
(a) Convenience. City may, without cause and without penalty, terminate the provision of
Services under any or all Statements of Work upon thirty (30) days prior written notice. Upon such
termination, City shall, upon receipt of an invoice from Contractor, pay Contractor for Services actually
rendered prior to the effective date of such termination . Charges will be based on time expended for
all incomplete tasks as listed in the applicable Statement of Work, and all completed tasks will be
charged as indicated in the applicable Statement of Work.
(b) No Outstanding Statements of Work. Either party may terminate this Agreement by
providing the other party with at least thirty (30) days prior written notice of termination if there are no
outstanding Statements of Work.
(c) Material Breach. If either party materially defaults in the performance of any term of a
Statement of Work or this Agreement with respect to a specific Statement of Work (other than by
nonpayment) and does not substantially cure such default within thirty (30) days after receiving written
notice of such default, then the non-defaulting party may terminate this Agreement or any or all
outstanding Statements of Work by providing ten (10) days prior written notice of termination to the
defaulting party.
(d) Bankruptcy or Insolvency. Either party may terminate this Agreement effective upon
written notice stating its intention to terminate in the event the other party : (1) makes a general
assignment of all or substantially all of its assets for the benefit of its creditors ; (2) applies for ,
consents to , or acquiesces in the appointment of a receiver, trustee, custodian , or liquidator for its
business or all or substantially all of its assets ; (3) files , or consents to or acquiesces in, a petition
seeking reli ef or reorganization under any bankruptcy or insolvency laws ; or (4) files a petition seeking
relief or re orC' ... nization under any bankruptcy or insolvency laws is filed against that other party and is
not di~mi ss e .v 1thin sixty (60) days after it was filed .
(e) TABOR. The parties understand and acknowledge that each party is subject to Article X,
§ 20 of the Colorado Constitution (''TABOR"). The parties do not intend to violate the terms and
requirements of TABOR by the execution of this Agreement. It is understood and agreed that th is
Agreement does not create a multi-fiscal year direct or indirect debt or obligat ion within the meaning
of TABOR and , notwithstanding anything in this Agreement to the contrary , all payment obligations of
City are expressly dependent and cond it ioned upon the continuing availability of funds beyond the
term of City 's current fiscal period ending upon the next succeed ing December 31 . Financ ial
ob li gations of C ity payable after the current f iscal year are cont ingent upon funds for that purpose
being appropriated, bu dgeted, and otherwise m ade av ail ab le in accorda nce wit h th e rules ,
regulations , and resolutions of City and applicable law. Upon the failure to appropriate such funds ,
this Agreement shall be deemed terminated .
(f) Return of Property. Upon termination of this Agreement , both parties agree to return to
the other all property (including any Confidential Information , as defined in Section 11) of the other
party that it may have in its possession or control.
9. Ci ty Ob ll gatlon s. City will provide timely access to City personnel , systems and information
required for Contractor to perform its obligations hereunder. City shall provide to Contractor 's
employees performing it obligations hereunder at City 's premises , without charge , a reasonable work
environment in compliance with all applicable laws and regulations , including office space , furniture ,
telephone service , and reproduction , computer, facsimile , secretarial and other necessary equipment ,
suppl ies , and erv ices . With respect to all th ird party hardware or software operated by or on behalf of
Ci ty , City shall , at no expense to Contractor, obta in all consent , license and sublicenses necessary
for Contractor to perform under the Statements of Work and shall pay any fees or other costs
associated with obtaining such consents, licenses and sublicenses .
10. Staff. Contractor is an independent contractor and neither Contractor nor Contractor's staff is,
or shall be deemed to be employed by City . City is hereby contracting with Contractor for the
Services described in a Statement of Work and Contractor reserves the right to determine the
method, manner and means by which the Services will be performed . The Services shall be
performed by Contractor or Contractor's staff, and City shall not be required to hire, supervise or pay
any assistants to help Contractor perform the Services under this Agreement. Except to the extent
that Contractor's work must be performed on or with City's computers or City 's existing software, all
materials used in providing the Services shall be provided by Contractor.
11. Confidential Information.
(a) Obligations. Each party hereto may receive from the other party information which relates
to the other party's business, research , development, trade secrets or business affairs ("Confidential
Information"). Subject to the provisions and exceptions set forth in the Colorado Open Records Act,
CRS Section 24-72-101 et. seq ., each party shall protect all Confidential Information of the other party
with the same degree of care as it uses to avoid unauthorized use, disclosure, publication or
dissemination of its own confidential information of a similar nature, but in no event less than a
reasonable degree of care . Without limiting the generality of the foregoing, each party hereto agrees
not to disclose or permit any other person or entity access to the other party's Confidential Information
except such disclosure or access shall be permitted to an employee, agent, representative or
independent contractor of such party requiring access to the same in order to perform his or her
employment or services. Each party shall insure that their employees, agents, representatives , and
independent contractors are advised of the confidential nature of the Confidential Information and are
precluded from taking any action prohibited under th is Section 11 . Further, each party agrees not to
alter or remove any identification, copyright or other proprietary rights notice which indicates the
ownership of any part of such Confidential Information by the other party . A party hereto shall
undertake to immediately notify the other party in writing of all circumstances surrounding any
possession , use or knowledge of Confidential Information at any location or by any person or entity
other than those authorized by this Agreement. Notwithstanding the foregoing, nothing in this
Agreement shall restrict either party with respect to information or data identical or similar to that
contained in the Confidential Information of the other party but which (1) that party rightfully
possessed before it received such information from the other as evidenced by written documentation ;
(2) subsequently becomes publicly available through no fault of that party ; (3) is subsequently
furn ished rightfully to that party by a th ird party without restrictions on use or disclosure ; or (4) is
required to be disclosed by law, prov ided that the disclosing party will exerc ise reasonable efforts to
notify the other part y prior to disclosure.
(b) Know-How . For the avoidance of doubt neither City nor Contractor shall be prevented
from making use of know-how and principles learned or experience gained of a non-proprietary and
non-confidential nature .
(c) Remedies . Each of the parties hereto agree that if any of them, their officers , employees
or anyone ob tainin g access to the Confi den tial Information of the ot her party by , through or under
them , breaches any provision of this Section 11 , the non-breaching party shall be entitled to an
accounting and repayment of all profits, compensation, commissions, remunerations and benefits
which the breaching party , its officers or employees directly or indirectly realize or may realize as a
result of or growing out of, or in connection with any such breach . In addition to , and not in limitation
of the foregoing , in the event of any breach of this Section 11 , the parties agree that the non-
breaching party will suffer irreparable harm and that the total amount of monetary damages for any
such injury to the non-breaching party ar ising from a violation of this Section 11 would be impossible
/
to calculate and would therefore be an inadequate remedy at law. Accordingly , the parties agree that
the non-breaching party shall be entitled to temporary and permanent injunctive relief against the
breaching party , its officers or employees and such other rights and remedies to which the non-
breaching party may be entitled to at law, in equity or under this Agreement for any violat ion of this
Section 11 . The provisions of this Section 11 shall survive the expiration or termination of this
Agreement for any reason .
12. Project Managers. Each party shall designate one of its employees to be its Project Manager
under each Statement of Work , who shall act for that party on all matters under the Statement of
Work. Each party shall notify the other in writing of any replacement of a Project Manager. The
Project Managers for each Statement of Work shall meet as often as either one requests to review the
status of the Statement of Work.
13. Warranties.
(a) Authority . Contractor represents and warrants that: (1) Contractor has the full corporate
right, power and authority to enter into this Agreement and to perform the acts required of it
hereunder; (2) the execution of this Agreement by Contractor, and the performance by Contractor of
its obligations and duties hereunder, do not and will not violate any agreement to which Contractor is
a party or by which it is otherwise bound under any applicable law, rule or regulation ; (3) when
executed and delivered by Contractor, this Agreement will constitute the legal , valid and binding
obligation of such party , enforceable against such party in accordance with its terms ; and (4)
Contractor acknowledges that City makes no representations , warranties or agreements related to the
subject matter hereof that are not expressly provided for in this Agreement
(b) Service Warranty. Contractor warrants that its employees and contractors shall have
sufficient skill , knowledge , and tra ining to perform Serv ices and that the Services shall be performed
in a professional and workmanlike manner.
(c) Personnel. Unless a specific number of employees is set forth in the Statement of Work ,
Contractor warrants it will provide sufficient employees to complete the Services ordered within the
applicable time frames established pursuant to this Agreement or as set forth in the Statement of
Work .. During the course of performance of Services , City may, for any or no reason, request
replacement of an employee or a proposed employee . In such event , Contractor shall , within five (5)
working days of receipt of such request from City , provide a substitute employee of sufficient skill ,
knowledge , and tra ining to perform the appl icable Serv ices . Contractor shall requ ire employees
prov id ing Serv ic es at a C ity location to comply with appl icable City security and safety regulations and
po licie s.
(d) Compensation an d Benefits. Contractor shall provide for and pay the compensation of
employees and shall pay all taxes , contribut ions , and benefits (such as , but not limited to, workers '
compensation benefits) which an employer is required to pay relating to the employment of
employees . City shall not be liable to Contractor or to any employee for Contractor's failure to perform
its compensation , benefit , or tax obligati ons . Contractor sha ll in de mnify , defend an d hold City
harmless from and against all such taxes , contri butions and benef its and will com ply w ith all
associated governmental regula t ions , including the filing of all necessary reports and returns .
14 . In demn if ica t ion .
(a) Con t ractor In demn ification . Contractor shall indemnify, defend and hold harmless City ,
its directors , officers , employees , and agents and the heirs , executors , successors , and permitted
assigns of any of the foregoing (the "City lndemnitees") from and against all losses , claims ,
obligations , demands , assessments , fines and penalt ies (whether civil or criminal), liabilities ,
expenses and costs (including reasonable fees and disbursements of legal counsel and accountants),
bodily and other personal injuries , damage to tangible property , and other damages, of any kind or
nature , suffered or incurred by a City lndemnitee directly or indirectly arising from or related to : (1) any
negligent or intentional act or omission by Contractor or its representatives in the performance of
Contractor's obligations under this Agreement , or (2) any material breach in a representation,
warranty , covenant or obligation of Contractor conta ined in this Agreement.
(b) Infringement. Contractor will indemnify , defend, and hold City harmless from all
lndemnifiable Losses arising from any third party claims that any Work Product or methodology
supplied by Contractor infringes or misappropriates any Intellectual Property rights of any third party ;
provided , however, that the foregoing indemnification obligation shall not apply to any alleged
infringement or misappropriation based on : (1) use of the Work Product in combination with products
or services not provided by Contractor to the extent that such infringement or misappropriation would
have been avoided if such other products or services had not been used ; (2) any modification or
enhancement to the Work Product made by City or anyone other than Contractor or its
subcontractors ; or (3) use of the Work Product other than as permitted under this Agreement.
(c) Indemnification Procedures. Notwith-standing anything else contained in this
Agreement , no obligation to indemnify which is set forth in this Section 14 shall apply unless the party
claiming indemnification notifies the other party as soon as practicable to avoid any prejudice in the
claim, suit or proceeding of any matters in respect of which the indemnity may apply and of which the
notifying party has knowledge and gives the other party the opportunity to control the response
thereto and the defense thereof; provided, however, that the party claiming indemnification shall have
the right to participate in any legal proceedings to contest and defend a claim for indemnification
involving a third party and to be represented by its own attorneys , all at such party 's cost and
expense ; provided further , however, that no settlement or compromise of an asserted third-party claim
other than the paymenVmoney may be made without the prior written consent of the party cla iming
indemnification.
(d) Immunity. City , its officers , and its employees , are relying on , and do not waive or intend
to waive by any provision of this Agreement , the monetary limitations or any other rights , immunities ,
and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24 -10-101 et seq ., as
from time to time amended , or otherwise available to City, its officers , or its employees .
15. Insurance.
(a) Requirements. Contractor agrees to keep in full force and effect and mainta in at its sole
cost and expense the following polic ies of insurance during the term of this Agreemen t:
(1) The Contractor shall comply with the Workers' Compensation Act of Colorado and shall
provide compensation insurance to protect the City from and against any and all Workers '
Compensation claims arising from performance of the work under this contract. Workers '
Compensation insurance must cover obligations im posed by applicable laws for any employee
engaged in t he perfo rmance of wo rk unde r th is cont ract, as well as t he Emp loye rs ' Lia bi li ty with in t he
minimum statu tory li mits .
(2) Commercial General Liability Insura nce an d au to li ab ili t y insurance (i nclu d ing
contractual lia bility insura nce) providing coverage for bodil y inj ury an d property damage wi t h a
combined sing le limit of not less than three mi ll ion dollars ($3 ,00 0,000) per occurrence .
(3) Professional Liability/Errors and Omissions Insurance covering acts , errors and
omiss ions arising out of Contractor's operations or Services in an amount not less than one million
dollars ($1 ,000 ,000) per occurrence .
(4) Employee Dishonesty and Computer Fraud Insurance covering losses arising out of or
in connection with any fraudulent or dishonest acts committed by Contractor personnel , acting alone
( or with others, in an amount not less than one million dollars ($1 ,000,000) per occurrence.
(b) Approved Companies. All such insurance shall be procured with such insurance
companies of good standing, permitted to do business in the country, state or territory where the
Services are being performed .
(c) Certificates. Contractor shall provide City with certificates of insurance evidencing
compliance with this Section 15 (including evidence of renewal of insurance) signed by authorized
representatives of the respective carriers for each year that this Agreement is in effect. Certificates of
insurance will list the City of Englewood as an additional insured . Each certificate of insurance shall
provide that the issuing company shall not cancel, reduce, or otherwise materially change the
insurance afforded under the above policies unless thirty (30) days' notice of such cancellation ,
reduction or material change has been provided to City .
16. Rights in Work Product.
(a) Generally. Except as specifically agreed to the contrary in any Statement of Work , all
Intellectual Property Rights in and to the Work Product produced or provided by Contractor under any
Statement of Work shall remain the property of Contractor. With respect to the Work Product,
Contractor unconditionally and irrevocably grants to City during the term of such lntellectuai'Property
Rights, a non-exclusive, irrevocable, perpetual, worldwide , fully paid and royalty-free license, to
reproduce, create derivative works of, distribute, publicly perform and publicly display by all means
now known or later developed, such Intellectual property Rights .
(b) Know-How. Notwithstanding anything to the contrary herein, each party and its
respective personnel and contractors shall be free to use and employ its and their general skills,
know-how, and expertise , and to use , disclose , and employ any generalized ideas, concepts , know-
how , methods, techniques , or skills gained or learned during the course of any assignment , so long as
it or they acquire and apply such information without disclosure of any Confidential Information of the
other party .
17. Relationship of Parties. Contractor is acting only as an independent contractor and does not
undertake, by this Agreement, any Statement of Work or otherwise, to perform any obligation of City ,
whether regulatory or contractual, or to assume any responsibility for City's business or operations .
Neither party shall act or represent itself, directly or by implication, as an agent of the other, except as
expressly authorized in a Statement of Work .
18. Complete Agreement. This Agreement contains the entire agreement between the parties
hereto with respect to the matters covered herein .
19. Applicable Law. Contractor shall comply with all applicable laws in performing Services but
shall be held harmless for violation of any governmental procurement regulation to which it may be
subject but to which reference is not made in the applicable Statement of Work . This Agreement shall
be construed in accordance with the laws of the State of Colorado . Any action or proceeding brought
to interpret or enforce the provisions of this Agreement shall be brought before the state or federal
court situated in Arapahoe County , Colorado and each party hereto consents to jurisdiction and venue
before such courts .
20. Scope of Agreement. If the scope of any provisions of this Agreement is too broad in any
respect whatsoever to permit enforcement to its fullest extent , then such provision shall be enforced to
the maximum extent permitted by law, and the parties hereto consent to and agree that such scope
may be judicially modified accordingly and that the whole of such provision of this Agreement shall not
thereby fail, but that the scope of such provision shall be curtailed only to the extent necessary to
conform to law .
21. Additional Work. After receipt of a Statement of Work, City, with Contractor's consent, may
request Contractor to undertake additional work with respect to such Statement of Work . In such
event, City and Contractor shall execute an addendum to the Statement of Work specifying such
additional work and the compensation to be paid to Contractor for such additional work.
22. Subcontractors. Contractor may not subcontract any of the Services to be provided
hereunder without the prior written consent of City . In the event of any permitted subcontracting , the
agreement with such third party shall provide that , with respect to the subcontracted work, such
subcontractor shall be subject to all of the obligations of Contractor specified in this Agreement.
23. Notices. Any notice provided pursuant to this Agreement shall be in writing to the parties at
the addresses set forth below and shall be deemed given (1) if by hand delivery, upon receipt thereof,
(2) three (3) days after deposit in the United States mails, postage prepaid, certified mail , return
receipt requested or (3) one (1) day after deposit with a nationally-recognized overnight courier,
specifying overnight priority delivery . Either party may change its address for purposes of this
Agreement at any time by giving written notice of such change to the other party hereto .
24. Assignment. This Agreement may not be assigned by Contractor without the prior written
consent of City . Except for the prohibition of an assignment contained in the preceding sentence , this
Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the
parties hereto.
25. Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the parties
hereto and shall not confer any rights upon any person or entity not a party to this Agreement.
26. Headings. The section headings in this Agreement are solely for convenience and shall not
be considered in its interpretation. The recitals set forth on the first page of this Agreement are
incorporated into the body of this Agreement. The exhibits referred to throughout this Agreement and
any Statement of Work prepared in conformance with this Agreement are incorporated into this
Agreement.
27. Waiver. The failure of either party at any time to require performance by the other party of any
provision of this Agreement shall not effect in any way the full right to require such performance at any
subsequent time ; nor shall the waiver by either party of a breach of any provision of this Agreement
be taken or held to be a waiver of the provision itself.
28. Force Majeure. If performance by Contractor of any service or obligat ion under this
Agreement is prevented, restricted , delayed or interfered with by reason of labor disputes , str ikes ,
acts of God , floods , lightning , severe weather , shortages of materials , rationing , utility or
communications failures , earthquakes , war, revolution , civil commotion , acts of public enemies ,
blockade , embargo or any law , order, proclamation , regulation , ordinance , demand or requirement
having legal effect of any governmental or judicial authority or representative of any such government ,
or any other act whether similar or dissimilar to those referred to in this clause , which are beyond the
reasonable control of Contractor, then Contractor shall be excused from such performance to the
extent of such prevention , restriction , delay or interference . If the period of such delay exceeds thirty
(3 0) days , City may , without liability , terminate the affected Statement of Work(s) upon written notice
to Contractor.
29. Time of Performance. Time is expressly made of the essence with respect to each and
every term and provision of this Agreement.
30. Permits. Contractor shall at its own expense secure any and all licenses, permits or
certificates that may be required by any federal, state or local statute, ordinance or regulation for the
performance of the Services under the Agreement. Contractor shall also comply with the provisions
of all Applicable Laws in performing the Services under the Agreement. At its own expense and at no
cost to City, Contractor shall make any change, alteration or modification that may be necessary to
comply with any Applicable Laws that Contractor failed to comply with at the time of performance of
the Services.
31. Media Releases. Except for any announcement intended solely for internal distribution by
Contractor or any disclosure required by legal, accounting, or regulatory requirements beyond the
reasonable control of Contractor, all media releases, public announcements, or public disclosures
(including, but not limited to, promotional or marketing material) by Contractor or its employees or
agents relating to this Agreement or its subject matter, or including the name, trade mark, or symbol of
City, shall be coordinated with and approved in writing by City prior to the release thereof. Contractor
shall not represent directly or indirectly that any Services provided by Contractor to City has been
approved or endorsed by City or include the name, trade mark , or symbol of City on a list of
Contractor's customers without City's express written consent.
32. Nonexclusive Market and Purchase Rights . It is expressly understood and agreed that this
Agreement does not grant to Contractor an exclusive right to provide to City any or all of the Services
and shall not prevent City from acquiring from other suppliers services similar to the Services .
Contractor agrees that acquisitions by City pursuant to this Agreement shall neither restrict the right of
City to cease acquiring nor require City to continue any level of such acquisitions . Estimates or
forecasts furnished by City to Contractor prior to or during the term of this Agreement shall not
constitute commitments .
33. Survival. The provisions of Sections 5, 8(9), 10, 11, 13, 14, 16, 17, 19, 23, 25 and 31 shall
survive any expiration or termination for any reason of this Agreement.
34. VARIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5-101 ET.SEQ. REGARDING ILLEGAL
ALIENS
(a) Employees, Contractors and Subcontractors: Contractor shall not knowingly
employ or contract with an illegal alien to perform work under this Contract. Contractor shall not
contract with a subcontractor that (i) knowingly employs or contracts with an illegal alien to perform
work under this Contract or (ii) fails to certify to the Contractor that the subcontractor will not
knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8-17 .5-
102(2)(a)(I) & (II).]
(b) Verification: Contractor has verified or attempted to verify through participation in the
"basic pilot program " (authorized by P .L.204 of 1041h Congress and amended by P .L.156 of 1081h
Congress) that Contractor does not employ any illegal aliens . And, if not accepted into the "basic
pilot program " prior to entering into this Contract, Contractor further verifies , Contractor will apply to
participate in the "basic pilot program " every three months until Contractor is accepted or this Contract
is completed , whichever is earlier. [CRS 8-17 .5-102(2)(b)(I).]
(c) Limitation Regarding the "Basic Pilot Program": Contractor shall not use basic
pilot program procedures to undertake pre-employment screening of job applicants while perform ing
this Contract. CRS 8-17 .5-102(2)(b)(II).]
(d) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a
subcontractor performing work under this Contract knowingly employs or contracts with an illegal
alien , the Contractor shall ;
(1) notify the subcontractor and the City within three days that the Contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal alien ; and
(2) terminate the subcontract with the subcontractor if, within three days of receiving
notice that the Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien, the subcontractor does not stop employing or contracting with
the illegal alien . CRS 8-17 .5-102(2)(b)(lll)(A) & (B).]
(3) Exception: If the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien and the
subcontractor stops employing or contracting with the illegal alien .
(e) Duty to Comply with State Investigation: Contractor shall comply with any reasonable
request of the Colorado Department of Labor and Employment made in the course of an investigation
pursuant to C.R.S. 8-17 .5-102 (5). CRS 8-17 .5-102(2)(b)(IV).]
(f) Damages for Breach of Contract: The City may terminate this contract for a breach of
contract, in whole or in part, due to Contractor's breach of any section of this paragraph . Contractor
shall be liable for actual and consequential damages to the City in addition to any other legal or
equitable remedy the City may be entitled to for a breach of this Contract.
(
-----
IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their
authorized officers as of the day and year first above written . This Agreement may be executed in
counterparts, each of which shall be deemed an original , but all of which together shall constitute one
and the same instrument.
CITY OF ENGLEWOOD, COLORADO
By: ______________ _
Title: ______________ _
ATIEST:
City Clerk
Mft'..J2r fl1-1v1rorJmr:,Nn1l 5trll., ~~c..
(Cont ctor Name)
-Sox. /ftftv 2--
Address
bl) Ll!i£N e O F <J 40 2-
city, State, ~Zip Code
evJA)d~_ih vL-
:o V ' Title: frl.~·, Qftvt
SCHEDULE A
OUTLINE OF STATEMENT OF WORK
1. GENERAL
The following list of documents and/or drawings are attached or incorporated by reference :
• Proposal from Major Environmental Services dated September 14, 2006 (attached)
• Voluntary Cleanup Plans related to the Sheridan Redevelopment Project approved by
the Colorado Department of Health (by reference)
• Land Lease Agreement between the City and Miller/Weingarten (by reference)
• Proposed Development Agreement between the City and Miller/Weingarten (by
reference)
2. NAMES OF PROJECT COORDINATORS
For the City : Rick Kahm, Director of Public Works
For Contractor: Bill Major
3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK
Environmental Consulting per proposal from Major Environmental dated September 14, 2006
4 . EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY)
City will provide an on-site Field Office Trailer for the non-exclusive use of the Contractor.
5. OTHER CONTRACTOR RESOURCES
N/A
6 . DESCRIPTION OF WORK PRODUCT AND DELIVERABLES
Contractor will provide copies of all required reports and testing.
7 . SPECIAL TERMS , IF ANY
N/A
8 . MODE OF PAYMENT
Payment to Contractor by Check
9. PAYMENT SCHEDULE
Net 30 days
10. SCHEDULE AND PERFORMANCE MILESTONES
Schedule and Milestones to be coordinated with Miller/Weingarten 's contractor schedule .
11 . ACCEPTANCE AND TESTI NG PROCEDU RES
Per local , state , and federa l prot ocol
12 . LOCATION OF WORK FAC ILITIES
See# 4 above
IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement
between the parties her~to dated Q«-r. 2 !:!! , 200'1. the parties have executed this Statement
of Work as of this 2 ~--t-day of .Sen:EML'.?cf:: , 200,£.
CITY~::i?RADO
By :~,./
Title:Llg6c;TQR, or= p\) ec..i ~ Wo.e.,:::~
v\A ~ ~o r ~ \J l .f o N mt-N ThL !. 1€:rU , T rv c_ .
Compa y Name
ey UJ I ll1n~ lJvt~
Title: Pr('.'.'.~ 11) '?N L
MAJOR
ENVIRONMENT AL SERVICES, INC.
September 14, 2006
Mr. Rick Kahm
Director of Public Works
I 000 Englewood Parkway
Englewood, Colorado 80 I I 0
RE: Proposal to Provide Environmental Services
Englewood Golf Course Redevelopment
Englewood, Colorado
MESI Project No:EGC-0607
•
Dear Mr. Kahm:
Major Environmental Services, Inc. (MESI) is please to submit this proposal to provide
environmental monitoring and consulting services to the City of Englewood during the
construction phase of the reconstruction of the Englewood Golf Course and redevelopment of
associated property.
Scope of Work
Review environmental aspects of developer's Reconstruction of the Englewood Golf Course .
Review environmental aspects of developer's redevelopment of Englewood Golf Course property
being leased to the developer
Review and evaluate developer and their contractors' compliance with the Voluntary Cleanup
Plan (VCUP) as approved by the State of Colorado CDPHE, the lease , and the Master
Developer's Agreement.
Provide on-site review and summary documentation of the developer's activities on a proposed
20-hour per day, 7-day per week basis for approx. six months. This is based on providing trained ,
certified environmental professionals for approximately 3,200 man hours .
Based labor costs, equipment, supplies, vehicles, and monitoring equipment, we base this
proposal on a rate of $82 .50 per man hour. It is our understanding that the City will provide an
on-site job trailer with electrical power and heat.
MESI
P.O . Box 166662
r -1..a ... _ r"' ... 1 .... --'-01\An-" n---1 _.,...,
Total Estimated: Two Hundred Sixty Four Thousand Dollars ($264,000 .00)
As always MESI sincerely appreciates the opportunity to provide our services, and look forward
working with you on this project. If you should have any questions, please contact us at your
convenience.
Sincerely,
MAJOR ENVIRONMENTAL SERVICES, INC.
William A. Major
President
Accepted and Agreed,
MESI
P.O. Box 166662
I
PROCLAMATION
"LIGHTS ON AFTER SCHOOL!"
WHEREAS , the Citizens of the City of Englewood , Colorado, stand firmly
committed to quality after school programs and opportunities because they
• provide safe, challenging and fun-learning experiences to help youths and
children dev elop their social , emotional , physical , cultural and academic
skills ;
• support working families by ensuring their children are safe and
productive after the regular school day ends ;
• build stronger communities by involving our students , parents , business
leaders and adults in the lives of our young people, thereby promoting
positive relationships among children, families and adults ;
• engage families , schools and diverse community partners in advancing
the welfare of our children .
WHEREAS , Englewood Schools KidQuest has provided significant leadership
in the area of community involvement in the education and well-being of our youth ,
grounded in the principle that quality after school programs are key to helping our
children become successful adults ; and
WHEREAS , Lights on Afterscbool! a national celebration of Afterschool
programs on October 12, 2006 promotes the critical importance of quality Afterschool
programs in the lives of children , their families and their communities; and
WHEREAS , more than 2 8 million children in the U .S. have parents who work
outside the home, and 14.3 million children have no place to go after school. Because
m an y afterschool program s across the country are facing funding shortfalls , they are
b ein g forced to close their doors and turn off their lights .
N OW , THERE FORE , I, Olga Wolosyn, Mayor of the City of Englewood,
Colorado, do h ereby proclaim October 12 , 2006 as Lights On Afterschool! D ay and
hereb y commit the City of Englewood to engage in innovative Afterschool programs and
activities th at ensure the lights stay o n an d doors stay o pen fo r all children aft er school.
GIVEN und er m y h an d and ea! thi s 2°d d ay of Octo ber , 2006.
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
October 2, 2006
/()"' 1 Call to Order 1 1 L\ '\JU · '.-, pvr,
The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7 :30 p .m .
\\O~ 2 . Invocation
The invocation was given by Council Member Barrentine .
0'-'\ 3 . Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Wolosyn .
Roll Call
Council Members Tomasso, Moore, Barrentine, Oakley, ~~~lin,
Woodward, Wolosyn ~A n /u:J-1 r 0
Absent: None ·~" \I J~u· i J 11 ;t)Jc 1' ,
A quorum was present. \)VV._ yY \Y -'\JI'-~ [)1,y"-;Y'-"
Present:
-
Also present: . City Manager Sears / YJ n , · A ·i ~ { e, ~ o~.,/o TC ~j\ City Attorney iretzn 1an !<...l.w , · .t ~ '(fvff r;, {U\
Deputy City Manager Flaherty ,./ -,,Y) ,.Jv e\ 1.--,-.. ')
City Clerk Ellis / fjJ v\v (,, -\ vf ~.l.9,/
I , l
Deputy City Clerk "BCish / ~ \Y. tY-L,0 v -0
Director Olson, Safety Services It
J..16dsi11g FiAaAee SJ3.eeialist Grlmrr,etl , Comffil:lAity De,elopm-1 w.V'""
Director Kahm, Public Works v / -rv-
Consideration of Minutes of Previous Session , . ( , Z _,
....--r, . , t) t.t.A c.,+ u..
(a) COUNCIL MEMBER\_ Iv_ VED , AND IT WAS SECONDED , 0 APPROVE THE MINUTES
5 .
OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 18, 2006.
Mayor Wo losyn asked if there was any discussion . There was none .
Vote results :
Ayes : Council Members Barrentine, Mccasl in, Moore , Wolosyn , Woodward ,
Tomasso, Oakley
Nays : None
Mot ion carried .
6 . Recognition of Scheduled Public Comment
(a) Stu Fonda will recognize Water Production Supervisor Don Coatman for receiving the 2006
Ralph M. Leidholdt Water Treatment Plant Operator Award from the Rocky Mountain Section of the Amer ican
Water Works Assoc iation .
Englewood City Council
October 2, 2006
Page 2
'J1v <b) Englewood citizen Lorena Beauregard will be present to discuss animal control concerns .
LJ..QO (c) Englewood Business Owner Doug Cohn will be present to recognize those who )lSSisted w•h
Ehglewood Days on September 9, 2006 . cl-C,V\.,V°\ "::> l:) 1 S f1l1 ne. tj l.)_ rr-t S
·~'t) {-'{,t VT I ~ ,--
, ; V'l Re_£ognition of Unscheduled P.ublic Commer\t • o... ,. 1. '<J 1 v C.h e t ~ ·1 13 ue.,pOrt(...Y\.,, ·1'1)5' r-Lu,rx,{.,,,; S1,~ T1TY)
T"'AQre wece AO 1.1Reelalsdulod : isiteFs. l u(oO L U.S I IO 3 V C. h.,(\(.{
8 . Communications, Proclamations and Appointments
\ 9--v\ 1 (a) A letter from Betty Goosman announcing her resignation from the Election Commission was
considered. d
COUNCIL MEMBER woo~~D, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF
BETTY GOOSMAN FROM THE ELECTION COMMISSION .
Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn, Woodward ,
Nays :
Tomasso , Oakley /1 ~ U
Motion carried .
None · 1~
(b) A letter from Betty Goosman announcing her resignation from the Transportation Advisory
Committee was considered . ,.-rj
COUNCIL MEMBER 'uv~fo. AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF
BETTY GOOSMAN FROM THE TRANSPORTATION ADVISORY COMMITTEE.
Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward ,
Nays :
Tomasso, Oakley
None '}-U
Motion carried .
I ~i?) (c) A proclamation declar ing October as Nat ional Me~t the iBli
7
nd Month was ~~n~i~red .
. COUNCIL MEMBE~6 ~~~. AND IT WAS SECONDEm ~~-2~/~)>RO~ATION
DECLARING OCTOB RAS NATIONAL MEET THE BLIND MONTH .
Ayes : Council Members Barren~, Mccaslin, Moore , Y\folosyn , Woodward ,
Tomasso , Oakley -K1 '" A'\+ ro. V-Oh
Nays : None 1_J i ' I ,-
Motion carr ied . C: }L C < _ >i,Ltv 1'1 \ • v
~v ~n; ,d I tS tj
9 . Co nse nt Ag en da
(a) Approval of Ordinances on First Reading
There were no additional items submitted for approva l on first rea ding . (See Agenda Item 11 (a).)
(b) Approval of Ordinances on Second Reading
Th er e were no additional items submitted for approval on second reading . (See Agenda Item 11 (b).)
1-0
CO UN C IL M EMBER __ MOVED , AND IT WAS SE C ONDED , TO APPROVE CONSENT AGENDA ITEM 9
(c) (i).
(c) Resolutions and Motions
Englewood City Council
October 2, 2006
Page 3
(i ) RESO L UTION NO . _, SERIES OF 2006
A RESOLUTION BY THE CITY OF ENGLEWOOD AUTHORIZING THE CITY OF ENGLEWOOD , COLORADO ,
TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR A 2007 COMMUNITY DEVELOPMENT BLOCK
GRANT.
Vote results:
Motion carried .
Ayes : Council Members Ba rrent ine , Mccasl in , Moore , Wolosyn , Woodwa rd ,
Tomasso , Oakley
Nays : None
10 . Public Hearing Items
No public hearing was scheduled before Council.
11. Ordinances, Resolution and Motions
(a) Approval of Ordinances on First Read ing
(i) Director Kahm presented a recommendation from the Publ ic Works Department to
adopt a B ill for an Ordinance approving an Intergovernmental Agreement w ith the Colorado Department of
Transportation for design and construc~on of a bridge over the Platte River at the Go lf Cou rse .
·"') \A fr:v! 1 l\.(,,Vv c ~ ---r S · "2 ~ , d,\ l/ COUNCIL MEMBER\':ill.ll,.~D, A"'ND IT WAS SECOM ED , TO APPROVE AGENDA ITEM 11 (a) (i) •
\ COUNCIL BILL NO. 38. l -C1
COUNCIL BILL NO . 38 , INTRODUCED BY COUNCIL MEMBE ~wa ~{i
\
(\
A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND THE CI TY OF ENGLEWOOD ,
COLORADO , THAT PERTAINING TO CONSTRUCTION OF A BRIDGE OVER THE P LATTE RIVER AT TH E
ENGLEWOOD GOLF COURS E.
Vote results:
Motion carried .
Ayes : Council Members Barre nt in e , Mc caslin , Moore, W o lo sy n, Wood ward ,
Tomasso , Oakley
Nays : Non e
(ii) Director Kahm presented a recommendation from the Public Works Department to
adopt a B ill for an Ord in ance approving an Intergovernmental Agreement with the Colorado Department of
Transportat ion for design and constru<;tion of a bridge over the Platte River at Dartmouth .
1 t, /(i\')H/'-. r • ) ' W
COUNCIL MEMBER ~ ~0, ~ND IT WAS SECO Non>;t6-APPR VE AG ENDA ITE M 11 (a) (i) •
COUNCIL BILL NO . 39 . 7 f)
COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER u.JJ(XU,llL 1{
A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND THE CITY OF ENGLEWOOD ,
COLORADO , THAT PERTAINS TO CONSTRUCTION OF A BRIDGE OVER THE PLATIE RIVER AT
DARTMOUTH AVENUE .
Vote results :
Ayes : Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward .
Englewood City Council
October 2, 2006
Page4
Tomasso, Oakley
Nays : None
Motion carried .
M. ?> (b) Approval of Ordinances on Second Reading
(l (i) Council Bill No . 37 , approving the vacation of an alley in the 1800-1900 blocks between
South Raritan and South Tejon Streets was considered . , ·M
/\ \Q \ COUNCIL MEMBER1]_~D~ AND IT WAS SECON ~¥c/iP~ovE AGENl;)_A, ITE~ 11 (b) (i) •
\ l ORDINANCE NO ._, SERIES OF 2006. /-U
ORDINANCE NO ._, SERIES OF 2006 (COUNCIL BILL NO . 37, INTRODUCED BY COUNCIL MEMBER
WOODWARD .
AN ORDINANCE VACATING THE ALLEY RIGHT-OF-WAY LOCATED IN THE 1800 TO 1900 BLOCK ,
BETWEEN SOUTH RARITAN AND SOUTH TEJON STREETS , IN THE CITY OF ENGLEWOOD , COLORADO .
Vote results:
Motion carried .
Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward ,
Tomasso , Oakley
Nays : None
(c) Resolutions and Motions
') (i) Director Kahm presented a recommendation from the Public Works Department to
• '\. approve a Motion awarding a contract to Major Environmental Services for environmental monitoring and
\ consulting services related to the reconstruction of the Golf Course and redevelopment of associated property in
the amount of $264,000 . . . i
)•,...11 "i'L1 A /( t£Jl(X}C IV)'
\
~ couNc1L MEMBER lUL~m. ~'o 1T wAs sEcoliDED, To APP~ovE A coNTRAcT WITH MAJOR 'J~" ENVIRONMENTAL SERVICES FOR ENVIRONMENTAL MONITORING AND CONSULTING SERVICES r RELATED TO THE RECONSTRUCTION OF THE GOLF COURSE AND REDEVELOPMENT OF
ASSOCIATED PROPERTY IN THE AMOUNT OF $264,000.00 . ·7 --u
Vote results:
Motion carried .
Ayes : Counc il Members Barrentine , Mccasl in , Moore , Wolosyn , Woodward ,
Tomasso, Oakl ey
Nays : None
12 . Ge neral Disc ussi o n IW . i t,(
(a) Mayor's Choice C«thvla.' A<~ -~~.__._.,vJ_a._ : t~..A4
Mayor Wolosyn did not have any matters to bring before Council. lJ
(b)
1 oi (i)
Council Members' Choice ~ (.:l.t'.l<.)
Council Member V ~ --\_0 1
Council MemberfY\~ (ii)
(iii) Co uncil Member )YI
~
Englewood City Council
· October 2, 2006
Page 5
J..Y/O (iv) Council Member D
?,. t.f51 (v) Council Member I
J-s;} 0 (vi) Council Member ~
City Manager's Report
-
-c~ s~ --v I e, l ()L,l..,~ ki v u. v\. tn, I .
.-·tx,b '";;u J!Lt.,iJa.,., -:!>/r./ Wll..L{n ~ ;;,pokL ·5-h mr-s
f'h'u,y? Ch-\ m.*:).,.. ~ p W..--tic-, -po .. A,'ntJl~\'°
WtL p Ch1 rn, -f-t:') -J.(_Q,,(.j s+cn e., rn e ch (\_ °' -a.. c· e 1.,p -r .....J a.,1.va..'llf
~:) ·1 ·:,Si,U.~ ~
Jiv'3P 13 .
City Manager Sears did not have any matters to br ing before Council.
'd'\Q~ 14 . City Attorney's Report ,. . J1}.itl Vt,'ltV l'2f~UL / IYl .e,_kL,+
City Attorney Brotzman did not have any matters to bring before Coun ~I~
15. Adjournment
MAYOR WOLOSYN MOVED TO ADJOURN . The meeting adjourned aO 1 ~ p.m .
City Clerk
4. Roll call
and
L ,esent
COUNCIL • M ting working not
Members:
Tomasso v-'
Moore v
Barrentine ?
Oakley v /
Mccaslin v ,,-
Woodward v
Mayor Wolosyn
____ absent
)
' AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CllY COUNCIL
Monday, October 2, 2006
7:30 p.m.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
1 . Call to order. lJ:tf~
2. Invocation~
3. Pledge of Allegiance . ~
RollCall .dt!'J~ 4.
5 . Consideration of Minutes of Pre v ious Session . Off'":/) Minutes from the Regular City Council meeting of September 18, 2006. ~
6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.)
~~ ~ Stu Fonda will recognize Water Production Supervisor Don Coatman for rece iv ing the
tr' 2006 Ralph M. Leidholdt Water Treatment Plant Operator Award from the Rocky
Mountain Section of the American Water Works Association .
;)111 ~ Englewood ci tizen Lorena Bea urega rd w ill b e prese nt to dis c uss animal con tro l ~fr'·
co nce rn s. ~J~µ;~l~g r~~~LJt .... ~j~
I) ~i ,-Englewood Business Owner Dou~ will be ~nt to recognize those who assisted
? with Englewood Days on September 9, 2006.
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
con tinued to General Discussion.)
8. ~ ~.fLations, Proclamations , and Appointments . ~ Ji \l "'tj ,etter from Betty Goosman announcing her resignation from the Election Committee.1}5 U U'
Letter from ~e}~~~~~n'f n~ng her resignation from the Transportation Advisory
Committee.{/"U f I/ a.,l,-0 ~
c.• Proclamation declaring October as National Meet the Blind Month~
9 . Consent Agenda Items .
a. Appw Ordinances on First Reading.
b. A~~ Ordinances on Second Reading.
1ifJ ReJiiifuns and Motions.
1. Recommendation from the Community Development Department to approve a
10.
Resolution authorizing the City's application to Arapahoe County for Federal Fiscal
Year 2007 Community Development Block Grant (CDBG) funds. STAFF SOURCE :
Janet Grimmett, Housing Finance Specialist. ~
No ~ring Scheduled.
11 . Ordinances, Resolutions and Motions.
a. Approva l of Ordinances on First Reading.
I lrJ (
~ Council Bill No. 38 -Recommendation from the Public Works Department to adopt
......-U aBill for an Ordinance approving an Intergovernmental Agreement with the 1 Colorado Department of Transportation for design and construction of a bridge over
the Platte Ri ve r /~I!~~] STAFF SOURCE: Rick Kahm, Director of
Public Works .// U '1) T6!.M) PV/'-
ii. Council Bill No. 39 -.Recommendation.from the Public Works Department to adopt
a Bill for an Ordinance approving an Intergovernmental Agreement with the
Colorado Department of Transportation for design and c onstruction of a bridge ove r
the Platte ~~v~t 9~r.t~o~th;I STAFF SOURCE: Rick Kahm , Director of Public
Works. (/U r trZ,(,11.J ~ W oP;d?-fJ
b. Approval of Ordinances on Second Reading .
IT\ J J)-r i. Council Bill No. 37, approving the vacation of an alley in the 1800-1900 bloc ks
U !Q...,,:P,-~ between South Raritan and South Tejon Streets.~
~f)-()
Pl a e note : If you have a disabi l ity and nee d auxili ary aids o r services, pl ase notify the Ci ty of Eng lewood
(303-762-2407) at leas t 48 ho ur In advan e of wh n services are ne d d. Thank you .
)
, Englewood City Council Agenda
October 2, 2006
Page 3
c. Resolutions and Motions.
i. Recommendation from the Public Works Department to approve a Motion
arding a contract to Major Environmental Services for environmental monitoring
d consulting services related to the reconstruction of the Golf Course and
development of associated property in the amount of $264,000. STAFF SOURCE:
ck Kahm, Director of Public Works.
12. General Discussion .
a.
b.
13. City Manager's Report.
14. CityAttor7(/;X;~~
15. Adjournment. 5r:·7'1'" ~
The following minutes were transmitted to City Council in September 2006 .
• Code Enforcement Advisory Committee minutes of May 1 7, June 21, July 19, and August
16, 2006.
• Liquor Licensing Authority telephone poll of August 16, and minutes of September 6, 2006.
• Parks and Recreation Commission minutes of August 10, 2006.
• Planning and Zoning Commission minutes of June 20, August 22, and September 6,~2006.
• Englewood Public Library minutes of August 8, 2006.
• Transportation Advisory Committee minutes of July 13 , 2006.
Pl bility and need auxiliary aids or services, please notify the City of Englewood
st 48 hours in advance of wh n services are needed . Thank you.