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Home My WebLink About2006-10-16 (Regular) Meeting Agenda PacketRegular City Council Meeting October 16, 2006 Ordinance # 36', 3?', 38, 39, 40, 41, 42, 43 Resolution# 7.f5, f1J, 81, 82, 83, 84, 85, 86, 87 ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session October 16, 2006 1. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:30 p.m . 2 . Invocation The invocation was given by Council Member Barrentine . 3. Pledge of Allegiance The Pledge of Allegiance was led by Cub Scout Pack 172 , from Charles Hay School. Pack leaders included : Steve Yates, Steve Westra and James Hanson . Pack scouts included : Benjam in Yates, James Long , Joshua Shanks, Cody Yates, Doniel Martins , Matthew Edwards , Sam Westra , Dashun Moffatt , Ryan T. Wilson , Pierson Henry, Brandon Hanson and Nathan Henry . Leader Yates told the Council that they were honored to be able to present the colors and that they had a special pack cheer to present. The Cub Scouts prese nted their chee r to the City Council members . There was a round of applause . MayorWolosyn said thank you Pack 172 . 4 . Roll Call Present: Absen t: A quorum was presen t. Al so presen t: Council Members Tomasso , Moore , Barrentine , Mccaslin , Woodward , Wolosyn Counc il Member Oakley City Man ager Sears City Attorne y Brotz man Deputy City Manager Flaherty Deputy Clerk Bush City Clerk Ellis Deputy Director Vandermee , Safety Services Director Gryglewicz, Finance and Administrative Services Fire Marshall Gree ne, Safety Services Assistant Fire Marshall Wilcox, Sa fety Services Manager Stitt, Community Develo pment Police Commander Watson, Safety Services Fire Division Operations Chief Pattarozzi, Safety Services Fire Battalion Chief Ertle, Safety Services Capital Projects Manager Henderson , Public Works 5. Con1lder1tlon of Minute, of Prevlou• Sn•lon (a) COUNCIL MEM BER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 2, 2ooe. Englewood City Council October 16, 2006 Page 2 Mayor Wolosyn asked if there was any discussion . There was none. Vote results: Ayes : Nays: Absent: Motion carried . Council Members Barrentine , Mccaslin , Moore, Wolosyn , Woodward , Tomasso None Council Member Oakley 6 . Recognition of Scheduled Public Comment (a) Mayor Wolosyn said Fire Marshall Ben Greene w ill present the awards to the winners of the Fire Prevention Week Student Poster Contest. She said and I would like to say right now that after the presentation , we are going to take a short break , in the Community Room , with all of those honored for refreshments. Mr. Greene said this year was a real fun year for doing Fire Prevention week and all the posters. We had over 950 posters presented this year and I believe the judges will all attest that it was more of a challenge this year than probably last year. We had a lot of high quality posters. Fire Prevention Week is actually the marking of the Great Fire of Chicago that happened in 1871 . Out of that came a proclamation from the President , in 1922, to honor Fire Prevention Week and that has continued on to the current day. The theme this year was for "Watch What You Eat, Taking Care of Cooking Injuries and Being Safe Around the Cooking Environment", especially for children and that was our main theme. We went back and covered also being careful with candles , because we have so many candle fires . I think that this year it got the point across very well . After what happened last weekend up i n Thornton , where a five year old who had actually listened to the presentation , made their parents perfo rm what the presentation asked for w ith the exit d ri lls in the home, and the kids being saved out of the ir home. I th ink the message is very important that we are getting across to these kids about Fire Prevention Week and being very safe with fires . We did presentations in all seven schools , and I want to thank the people from the Fire Division who participated in those , specifically Brian Baker, Greg Weaver, Jay Mccann and Mike Osgood for the work that they did in going out to the schools. You d id a fabulous job again th is year doing presentations and getting the message out. Th is year I had three various team j udges. Luckily , I was able to talk the Mayor into coming down and helping with the judging. Ms. Wolosyn said my pleasure. Mr. Greene said and I had Sheila Olson , who is the art teacher at the high school , and I was able to get Tim Baca , who is an employee of MOA, across the hall , to come over and al so help us w ith j udg ing . Mr . G reene sa id now, because I know that yo u have a very fu ll agenda , I w ill get on w ith presenting the awards . I would ask that you please hold your applause until th e end. I have 21 students who a re recei v ing award s t h is year. For those parents who hopefully read the letter, the 111 Place Winner will have lunch with the Firefighters. The firefighters will go to the school , pick them up , take them to the Fire Station and then take them back , so that they have a chance to have lunch with them. 2nd Place Winner will receive a ride from their home to school in the morning and the 3rd Place Winner will receive an autographed picture of the firefighters , with the child in bunker gear, in front of one of our engines. So, I think this year has some fabulous awards and the generosity this year also goes to Parks and Recreation for providing all of the children with a one day pass to Pirates Cove. Firefighter Brian Baker and Mayor Wolosyn assisted him with passing out the certificates. Cherrelyn Elementary 111 Place Maria Morales 2"d Place Ashley Cleary-Bennett 3rd Place Moira Montgomery Clayton Elementary 111 Place Joseph Tattone 2nd Place Laura Johnson Englewood City Council October 16, 2006 Page3 3rd Place Danyelle Ruggera Mr. Greene said All Souls did an amazing job at papering our walls. As you noticed, we had almost 100% of that school and believe me, it is getting harder and harder to find wall space for this school . All Souls Elementary 1st Place Kate Schilmoeller 2nd Place Eric Timmermeyer 3rd Place Anna Pavlakovich Bishop Elementary 1 •t Place Leslie Krening 2nd Place Abby Enos 3rd Place Cassie Nielsen Mr. Greene said although St Louis is small, it is very mighty, and they did a very good job of participating this year. St. Louis Elementary 1st Place Michael Hoeft 2nd Place Daniel Gibbons 3rd Place John Beckman Maddox Elementary 1•t Place Hunter Mendoza 2nd Place Jose Magallanes 3rd Place Bryant Foster Charles Hay Elementary 1st Place Ruben Rivas 2nd Place Brady Trebus 3rd Place Noah Stanley-Huff After the presentations, there was a big round of applause for all of the winners . Mayor Wolosyn said congratulations everyone, and after you have your picture taken, we will go to the Community Room for cookies . I have asked Council to also join them, but Council will reconvene in about 15 minutes. Thank you all and congratulations . There was applause. The meeting recessed at 7:42 p.m. The meeting reconvened at 8:00 p.m . with six Council members present and one Council member absent: Council Member Oakley . 7 . Recognition of Unscheduled Public Comment (a) Dr. Rhea Dodd said that I would like to introduce myself. I am a veterinarian and I practice in Lakewood and I have a special interest in behavior. I sent you all an e-mail regarding the proposed changes to the dog ordinance . I did bring a bio and a resume, if anyone is interested in looking at those . I know that you are in the preliminary stages of working through all of this and I just wanted to offer myself as a resource . I have no vested interest in pit bulls per se or specific breeds . I am here as a representative of the veterinary community and I want to do what is right to protect the community , but also to protect innocent dogs that are well behaved , valued family pets . And I think as Council people in your position , you can be in a powerful position to do what is right for the community of Englewood to keep people safe . And I th ink breed specific Englewood City Council October 16 , 2006 Page4 legislation is a simplistic reaction to a very complex community problem . I think that is all I have to say unless you have questions for me . Mayor Wolosyn said we usually don't take questions at this time , although at the end of the meeting , often Council people return to these issues. Dr. Dodd said do you want to see a copy of my bio and resume just so you will know who I am . Mayor Wolosyn said thank you . These documents were given to the Deputy City Clerk . (b) Eva Rhoads, an Englewood resident, said I have come to address a concern that I have about some car break-ins that are happening in the City of Englewood . My son had his car parked in our driveway and had it locked up for the evening . When he got up the next morning , he went out and found that his window had been smashed in and some things had been stolen out of his car. When he called the Police Department to report the theft , he asked them to come and take fingerprints from his vehicle so they could hopefully match them up to somebody who may have been breaking into other cars . He was told that they would have to get back to him . A member of the Police Department called him back and said that a Police Officer would not come out to our residence to look at the damage or to dust for fingerprints . He was just given a number for a case reference so if the police managed to find somebody , they can call him back . My concern is that if the police are not coming to take fingerprints and to check the damage , it makes it very difficult to prove your case ... not only for insurance purposes but also for the state or prosecutor to make a case for an individual who might be picked up in the act of vandalizing or breaking into cars in the area . My other concern is , you know , that a big family community and I worry that people who start off breaking into cars often end up breaking into homes and doing other things in the community. I am just really concerned about the police response to this issue. So , I just wanted to voice my concerns and thank you for hearing them . Mayo r Wolosy n sai d thank you . (c) Eddie Briem , an Englewood res ident, sa id my concern is pretty much the same concern , in that my vehicle was also burglarized recently . I have three or four friends in the community, other than neighbor Rhoads , who have been recently burglarized , that couldn 't make it here tonight. We do have a pretty much nonchalant , very casual response from the Police Department about these matters , primarily because they do not have the man power; they do not have the funds to go out and pursue these people . The City Manager needs to give them a little bit larger budget and get some man power out there at night and get this matter under control , because from having talked to a couple of detectives , it is really out of line. If you were to go and talk to the City Manager and get w ith the Ch ief of Pol ice and find out how many thefts are taking place on a da ily basis , it migh t shoc k yo u. So , I would like to see somebody bri ng something to them to resolve it. Thanks . Mayor Wolosyn said thank yo u . (d) Randi Bolton said I actually do not live in Englewood . I live in Castle Rock . I do ha ve a vested interest in communities that are looking at implementing dog ordinances or making changes to their dog ordinances . What I wanted to do was just bring out a few points and give you a little information about myself. I am a member of the Delta Society , which is the largest international organization for therapy animals throughout the entire world . The two dogs that I do therapy work with are both rottweilers . They have both vi sited at Swedish Medical Center. They are curren t ly involved in a reading prog ram in the Li brary . The ki ds defi nitel y love my dogs , they enjoy coming and reading to them . A couple of ot her po in ts that I wan te d to bring out is th at we have Delta Society pet-partner dogs that are visiting at bo th Swedish Med ical Cen te r an d th e Engl ewo od Public Library and several other facilities in Englewood. Some of the things that I w c J ld like you to t hin k abo ut , as you are reviewing your dog ordinances : one is that legislation that bans certain breed s does ha ve a tend e ncy to prov ide people with a false sense of security. A case in point is that an y dog can bite an d any dog ca n cause a fatality , and I could list you statistics and quote you all sorts of stuff, but I am not going to bore you with that type of detail. Cities that im plemented good dog ordinances have not implemented breed specific legislation . And the reason is , they want to hold the owners responsible for what their animals are doing . When you start looking in to the dogs that are involved in an attack , what you find is the lack of training , lack of socialization and lack of control by the owner. And that is where the responsibility needs to lie , is with the owners . I think you also need to look at what it w ill cost to implement breed specific legislation . These are some of the things that Englewood City Council October 16, 2006 Page 5 the cities that have implemented BSL are running into ... they are finding that it is becoming cost prohibitive . Not only from the perspective of the additional staff that has to be hired to enforce breed ban , but also the legal costs of it because what is happening is that owners are beginning to contest their dogs being confiscated . There are several law suits in Denver right now where owners are demanding their day in court. It is also happening in Aurora , not only the owners but organizations are beginning to go to those cities and saying that you have implemented laws that are unconstitutional. So that is another part that I would like you all to look at , is what is going to be the cost of implementing breed specific leg islation? Another item is difficulty in identifying breeds . I have a friend that lives in La Junta . She has very close ties to the veterinarian community in La Junta and the veterinarians were opposed to the BSL that was implemented in La Junta . What the veterinarians are saying now is that , and they are the ones responsible for identifying the breeds of dogs involved in bites , dogs that are brought to them are going to be identified as lab mixes , regardless of what the breed is . So another thing that needs to be considered is the accuracy of identifying the breeds . One of the things that I brought with me is a letter from the Delta Society, that is their position statement on breed specific legislation. It also documents some of the various breeds that are involved in our therapy programs throughout the United States . And , I would just like to thank you for letting me speak tonight and I do hope that you will consider some of these points . Mayor Wolosyn said thank you . (e) Amanda McGee , an Englewood resident , said she actually said everything that I was going to bring up except I had the facts and statistics with me that I won 't bore you with them either. So I really don 't know what else to say. She covered about everything that I can . I am a pit bull owner and I would really hate to see that ban come here just due to everything I know about the breed . If you look at the facts , pit bulls are fifth from the bottom of the list for attacks. Dangerous dogs can range from Labradors to Lhasas to Cockers which are actually near the top . So I don 't know how you are going to do breed specific legislation or bring it here because those dogs aren 't covered under that. I really don 't know what else I can say that she didn 't cover , so thanks . Mayor Wolosyn said thank you . (f) Patrick Nollett, an Englewood resident, said I have lived in Englewood for almost 8 years now and I have owned pit bulls my whole life . And , I have never in my life had a single problem w ith one . I have been attacked by other dogs , which is Border Collie and German Shepherd . I do have kids . I have a six year old son and an eight month old son . My dogs are perfectly fine with them . I've never had an issue at all w ith them , whatsoever. So , I just hate to see this all come into effect because I've had to move because of it. .. from Denver, from Thornton , and Adams County . You know , I just hate to have to move again and deal w ith th is in another situat ion . Thanks. Mayor W olosyn said thank you . (g) James Hunt, an Englewood resident , said and I'm also a pit bull owner and I agree with everything they said . It is kind of a tragedy that breeds are being kind of singled out because every dog could potentially have the tendency to bite anybody. My wife is actually in the veterinary community . She works across the street at the Referral Center. She sees dogs all the time and every single time that a pit bull does come in injured , not injured , sick, not sick, th ey al ways have the best attitude. They are always wagging their tails . They never attack anything, a nytime t hat they ha ve come in . She j ust has had a great experience with them . She has actually rescued two that we still now own , that are great dogs. The right training is essential. Getting those dogs properly spade or neutered might be another key that might need to be addressed as well. But, definitely , it would be a tragedy to have this type of thing come to Englewood . Thank you . Mayor Wolosyn said thank you . Mayor Wolosrin said I will say that that particular issue , Council will be revisiting in a Study Session on November 27 h _ Englewood City Council October 16, 2006 Page6 8 . Communications, Proclamations and Appointments (a) A letter from Tom Rockman indicating his resignation from the Keep Englewood Beautiful Commission was considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF TOM ROCKMAN FROM THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION. Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward , Tomasso Nays : None Absent: Council Member Oakley Motion carried . (b) A proclamation declaring November 1, 2006 as National Literacy Day in the City of Englewood was considered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING NOVEMBER 1, 2008 AS NATIONAL LITERACY DAY IN THE CITY OF ENGLEWOOD. Mayor Wolo syn asked if there was any discussion . There was none . Vote results: Ayes : Nays : Absent: Motion carr ied . Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso None Counc il Member Oakley Mayor Wolosyn asked if there was ny ne , , re to accept the Proclamation . There was no one . She said then we will make sure that it gets to the proper people . (C) considered . A proclamation declaring the week of October 8 -14 , 2006 as Fire Prevention Week was COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING THE WEEK OF OCTOBER 8 -14, 2006 AS FIRE PREVENTION WEEK. Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso Nays : None Absen t: Council Member Oakley Moti on car ri ed . Mayor Wolosyn presented the Proclamation to Fire Marshall Greene and said thank you Ben , and thank you for this evening . Thanks to your department for doing that art and for going into the schools . 9. Con se nt Agen da (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (See Agenda Item 11 (a).) COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED , TO APPROV E CONSENT AGENDA ITE MS 9 (b) (I) AND (II ) AND (c) (I ). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 36 , SERIES OF 2006 (COUNCIL BILL NO . 38 , INTRODUCED BY COUNCIL MEMBER WOODWARD) Englewood City Council October 16, 2006 Page 7 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 . (ii) ORDINANCE NO . 37 , SERIES OF 2006 (COUNCIL BILL NO . 39 , INTRODUCED BY COUNCIL MEMBER WOODWARD) 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 DARTMOUTH AVENUE. (c) Resolutions and Motions (i) RESOLUTION NO . 79 , SERIES OF 2006 A RESOLUTION ACCEPTING CHANGES AND UPDATES TO THE CITY OF ENGLEWOOD'S INVESTMENT POLICY PER ORDINANCE 45, SERIES OF 1995, ADOPTED ON FINAL READING SEPTEMBER 5, 1995. Vote results: Ayes : Nays: Absent: Motion carried . 10 . Public Hearing Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso None Council Member Oakley No public hearing was scheduled before Council 11 . Ordinances, Resolutions and Motions (a) Approval of Ordinances on First Reading (i) Community Development Manager Stitt presented a recommendation from the Community Development Department to adopt a bill for an ordinance authorizing an amendment to an Intergovernmental Cooperation Agreement with Arapahoe County relative to Community Development Block Grant and Home Investment Partnership programs for 2007 through 2009 . He said this is amendment number one and the purpose of this amendment is quite simple . The County , because of some Federal requirements , has requested that we change the language in the agreement. I don't believe that the original language was provided to Council. The amendment number one language that is in your packet is listed under Section 9 and it is the first sentence. Let me read to you the language that was in the original agreement that was approved many years ago. It says : The County and the City each agree to adopt and enforce the following policies . He said and in this original agreement: (a) was prohibiting the use of excessive force and (b) was enforcing applicable State and Local laws against physically barring entrance . In the proposed amendment, the language has changed to reflect the cooperating units of general local government (City) have adopted and is enforcing . They have changed going from (a) to (b) to (1) and (2). It is just changing one sentence in the agreement, is all this amendment is proposing . It doesn 't affect the terms or the conditions of the grant proposals . Mayor Wolosyn asked if there were any questions for Mr. Stitt. There were none. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 45. COU NCIL BILL NO . 45 , INTRODUCED BY COUNCIL MEMBER WOODWARD. Englewood City Council October 16, 2006 Page8 A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING AMENDMENT NUMBER ONE TO INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD, COLORADO RELATING TO THE CONDUCT OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PARTNERSHIP PROGRAMS FOR PROGRAM GRANT YEARS 2007 THROUGH 2009 . Mayor Wolosyn asked if there was any discussion . There was none. Vote results: Motion carried . Ayes : Nays : Absent: Council Members Barrentine , Mccaslin, Moore, Wolosyn , Woodward , Tomasso None Council Member Oakley Mayor Wolosyn said thank you Harold . (ii ) Director of Finance and Administrative Services Gryglewicz presented a recommendation to approve a bill for an ordinance adopting the 2007 Budget for the City of Englewood . He said if you would like , I can go through the entire detail which is several pages but just to recap the General Fund, which is the Fund that provides funding in accounts for the majority of the City services including Police , Fire, Public Works , Recreation, etc. The total sources of funds for 2007 are $37 ,697,263 .00 . The total uses of funds are $39 ,182,556.00 , which would leave a Reserve of $5,497 ,981 .00 or 13 .2% of total revenues . Mayor Wolosyn asked if there were any questions or comments for Mr. Gryglewicz. There were none . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 41 . COUNCIL BILL NO . 41 , INTRODUCED BY COUNCIL MEMBER TOMASSO. A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD , COLORADO , FOR THE FISCAL YEAR 2007 . Mayor Wolosyn asked if the re was any d iscuss ion . Counc il Member Moore sa id I would just like to commen t. I will be voting for th is but w ith some degree of reservat ion just in terms of ... that we 're budgeting for a 13.2% Reserve at the end of the year and as you all k now , I t hin k we shou ld have gon e fo r a li ttle bit highe r but at the same t ime , I respect the process that we we nt through . I will be supporting it but with ... I just wanted to get the hesitation on th e record . Mayor Wolosyn said thank you John. Mayor Wolosyn asked if there was any other discussion . Council M e mb er Barrentine said I also have a concern about us making sure that w e are presenting a balanced budget and again , I ha ve to ask , like I did last year , that this process need s to include t he fi nancial information much sooner in the process so that there can be what I think would be more meaningful discussions , and hopefully some solutions that are not able to happen when we do this so late. That is my reservation for it. Mayor Wolosyn said thank you Laurett and as I said , we will be addressing that. Vote resu lts: Ayes : Nays: Absen t: Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward , Tomasso None Counci l Member Oakley Englewood City Council October 16, 2006 Page9 Motion carried . Mayor Wolosyn said thank you . (iii) Director of Finance and Administrative Services Gryglewicz presented a recommendation to approve a bill for an ordinance appropriating the 2007 Budget for the City of Englewood . He said this bill for an ordinance actually gives legal authorization for the spending that was outlined in the budget that was just passed and for the General Fund for the 2007 total appropriations of $39 ,182,556.00 . Mayor Wolosyn asked if there were any questions or discussions. There were none. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Iii) -COUNCIL BILL NO. 42. COUNCIL BILL NO . 42, INTRODUCED BY COUNCIL MEMBER TOMASSO. A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD , COLORADO , FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007 , AND ENDING DECEMBER 31, 2007 , CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2007 . Mayor Wolosyn asked if there was any discussion . There was none. Vote results: Motion carried . Ayes : Nays : Absent: Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso None Council Member Oakley (iv) Director of Finance and Administrative Services Gryglewicz presented a recommendation to approve a bill for an ordinance approving the 2006 Mill Levy for collection in 2007 . He said if you look at our Council Communication , I gave a hypothetical amount that a property owner would pay in the City if they owned a $200,000.00 house and you will see that total amount is $133.73. The General Fund Mill Levy for 2006 collected in 2007 is 5.88 mills. That mill levy has been , I believe , at that same level for about 14 years and has not changed . The mill levy that has changed , and changes just a little bit, is the mill levy that pays the Community Center Debt Service Fund and that for 2006 collected next year is 2 .52 mills . The total mill for the City is 8.4 , and for the General Fund , that should net to a collection of $2 ,565 ,000.00 and for the Debt Serv ice Fun d , th at is $1 .1 mi llion . Mayor Wolosyn asked if there was any discussion or questions. There was none. COU NC IL M EMBER TOMASSO MOVED, AND IT WAS SECO NDE D, TO APPROVE AG ENDA ITEM 11 (a) (iv) -COU NCIL BI LL NO. 40. COU NCIL BILL NO . 4 0 , INTRODUCED BY COU NCIL MEM BER TOMASSO. A BILL FOR AN ORDINANCE FIX IN G THE TAX LEVY IN MILLS UPO N EACH DOL LAR O F THE A SSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF E NGLEW OOD , COLORA DO. Vote res ults: Motion carried . Ayes : Nays : Absent: Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso None Council Member Oakley Englewood City Council October 16, 2006 Page 10 (v) Director of Finance and Administrative Services Gryglewicz presented a recommendation to approve a bill for an ordinance approving the 2007 Budget for the Littleton/Englewood Wastewater Treatment Plant. He said for 2007 the Wastewater Treatment Plant is showing a total Beginning Funds of $115 ,674.00, with a total Source of Funds of $50,194,271 .00, with total uses at that same amount, which will leave an Ending Funds available of $115,674 .00 . Mayor Wolosyn asked if there were any questions. There were none . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (v) -COUNCIL BILL NO. 43. COUNCIL BILL NO. 43 , INTRODUCED BY COUNCIL MEMBER TOMASSO . A BILL FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE LITILETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE FISCAL YEAR 2007 . Vote results: Motion carried . Ayes : Nays : Absent: Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward, Tomasso None Council Member Oakley (vi) Director of Finance and Administrative Services Gryglewicz presented a recommendation to approve a bill for an ordinance appropriating the 2007 Budget for the Littleton/Englewood Wastewater Treatment Plant. He said the appropriation for 2007 for the Littleton/Englewood Wastewater Treatment Plant is $50 , 194 ,271 .00 . Mayor Wolosyn asked if there were any questions. There were none . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (vi) -COUNCIL BILL NO. 44. COUNCIL BILL NO . 44 , INTRODUCED BY COUNCIL MEMBER TOMASSO. A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR THE LITILETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2007 , AND ENDING DECEMBER 31 , 2007 , CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR TH E FISCAL YEAR 2007 . Vot e resu lts: Motion carried . Ayes : Nays : Absent: Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward, Tomasso None Council Member Oakley (b) A pp roval o f O rd inance s on Secon d Read ing There were no additional iterns submitted for approval on second reading . (See Agenda Item 9 -Consent Agenda .) (c) Resolutions and Motions (i) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a resolution approving a supplemental appropriation in the amount of $75 ,000 .00 for roof repairs to the ServiCenter. He said this is a supplemental appropriation of the ServiCenter Englewood City Council October 16, 2006 Page 11 Fund for $75,000.00 that was not included in the original 2006 budget for needed roof repairs . This is actually somewhat of a preventative maintenance to do this now and to recoat the roof system before there are major problems which could cost up to $200 ,000.00 in future years . So this is a needed repair which hopefully will keep from having to make even larger repairs in future years. Mayor Wolosyn said may I ask what source of fund is retained earnings , what does that mean? Mr. Gryglewicz said retained earnings are the funds that they have retained. The revenues that have been paid in over- expenditures that they have retained in the funds . It is similar to Fund Balance in the General Fund . It is their funds that are available for expenditure but not appropriated . Mayor Wolosyn said okay . Mayor Wolosyn asked if there were any other questions . There were none. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 80, SERIES OF 2006 RESOLUTION N0.80, SERIES OF 2006 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION OF FUNDS TO THE 2006 BUDGET FOR ADDITIONAL EXPENDITURES TO MAKE NECESSARY ROOF REPAIRS TO THE SERVICENTER. Vote results: Motion carried . Ayes: Nays : Absent: Council Members Barrentine , Mccaslin, Moore , Wolosyn, Woodward, Tomasso None Council Member Oakley Mayor Wolosyn said thank you Frank . 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said I would like to reiterate what I said about the issue of breed specific dogs and vicious dogs in general. .. Council will be revisiting that on November 27th . (ii) Mayor Wolosyn said about the auto break-ins , I guess I would like some follow-up about if this is a burden on Staff, what can be alleviated or is it routine that if people have break-ins to have finger printing done, just that sort of thing, just the basic follow-up . It bothers me when asked about it during their period of discussion . (b) Council Members' Cho ice (i) Council Member Barrentine : 1. She said I wanted to acknowledge , a lot of people who have heard about me in the news recently , regarding some issues standing up for rights of victims of identity theft , I wanted to say how much I appreciate the ir support and I will certainly continue to do that. 2. She said the car break-i n is an issue, I think part of what you brought up , was it causing a problem with insura nce and potentially prosecuting anybody , especially if you have an idea of maybe who , I mean if there are other issues go ing on . I would like that included in the information that they provide so that we have a whole picture of not only how it impacts our Police Department or what issues we may have on send ing somebody out but also on ... if we are not sending somebody out. .. what are some of the other problems that it is causing if you are not being able to file a report properly , or if you are getting problems having it reimbursed , or if there is some Englewood City Council October 16, 2006 Page 12 communication that is not happening as a result of that police officer not coming out. I would like to have that information included in that as well. 3. She said I appreciate the people that came and spoke to the breed specific dog ban as well . I agree with a lot of what was said . I have never supported the dog specific ban and really appreciate that information coming forward . Issues with vicious dogs are separate ... necessarily from what we are doing w ith breed specific but we will see how it all comes out. Everybody has their chance . 4 . She said I wanted to say thanks to all of the kids with the schools that came out and all of the art work that is out there . It is nice to see so much participation . Congratulations to the Fire Department. I have a lot of very excited Moms who found out they get to go with their kids on the ride on the truck , so they are very happy to have gotten that cleared up . Thank you . (ii) Council Member Mccaslin: 1. He said I was a victim of a break-in of my vehicle and I felt the same way . I kind of felt that I hope they find them but if they do, great. It is a violation and when that happens , you go out in your car and things are miss ing , it is like , oh my God, how am I going to replace this? You start going through all those traumatic things so I feel for you guys. Hopefully, we will work on that issue and I will make sure that we give that direction. 2. He said I would like to thank Community Development. .. Harold and Darren . I kind of stumbled into a meeting after KEB the other night. .. Medical District and Downtown Small Area Plans . I wasn 't aware of ... we had eight meetings over two weeks and they sent out 5400 letters to property owners. You know it is really good to see the input of the citizens , and Community Development was asking the questions and it was good to see the c itizens giving their input. I really felt like that we , as a C ity , are listen ing to our residents to give us direction . I was just proud and I want to thank Harold and his Staff and everyone that was there . I wish I would have been able to attend more but there is another meeting on Tuesday , tomorrow night, from 5:30 until 8 in the Community Room . So, keep up the good work guys . Thank you . (iii) Council Member Tomasso : 1. He said there was an interesting article in Friday 's paper on the review of the bar hopping scene in Downtown Englewood , which was interesting to read . It was in the Rocky Mountai n News and it was k ind of an interesting article on bar hopping , wh ich I would never anticipate would be in the paper. 2 . He sa id I stopped into the end of the meeting on the Denver Sem inary Redevelopment Project and listened to some of the concerns the neighbors had with that. Most of the people who had concerns were from Un inco rporated Arapahoe County and Cherry Hills V i llage . T here were ac tually very few Englewood res idents there . 3. He said I agree with the break-in except I didn 't have break-ins . They just basically keep stealing the car and it comes back five weeks later, three weeks later, and the key that comes back is always better than the key that I own . But it also comes back with other stuff in it like stolen credit cards and meth and hollow points . It is a very in teresting process. (iv) Cou ncil Member W oodward: 1. He said I would like to first compliment Safety Services on the job they did Saturday , at and around the High School. The High School was hosting a competition of roughly 35 different schools for bands up until 11 o'clock at night. The police were there with high visibility . The parking in the neighborhoods , at least the neighborhoods directly south of the High School football field , were really well patrolled and the neighbors didn 't have any problems . And I didn 't get one call , which I really appreciate . So , thank you for that and please pass it on to Director Olson and Commander Sanchez . Englewood City Council October 16, 2006 Pagel3 2 . He said also in regard to the budget , I don 't think any of us like the idea of approving the budget with a 1.49 million dollar shortfall . However, I think in this case, we are being fiscally responsible in doing it. Each month, like tonight in Study Session , we had the opportunity to hear the most current budget, what was going on with the budget within the City , and it gives us the opportunity to make changes and be fiscally responsible if need be . And I know in past Councils that has had to happen . I have confidence in this budget. I think things will work out okay. 3. He said and I also want to express my appreciation to the people who came tonight regarding the breed specific bans and the indiv iduals that came owning pit bulls . Thank you . ***** Mayor Wolosyn said before I turn it over to City Manager's Choice, I want to revisit City Council's Choice. In our Study Session , we discussed our first meeting of the year falls on January 2nc1 . which is the day after New Years . I would ask that we postpone that to January 81 h , as we do every year. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE MOVING THE REGULAR CITY COUNCIL MEETING FROM JANUARY 2, 2007 TO JANUARY 8, 2007. Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso Nays : None Absent: Council Member Oakley Motion carried . 13 . City Manager's Report (a) City Manager Sears said Mike Flaherty provided tonight to the Council , a response to the dog comments . We have received a lot of e-mails , as has Council as reflected in tonight's meeting . As the Mayor has indicated again , the discussion is going to be held on November 2th but until that time , this is what we want to let people know , that they may have a contact and it will go onto our web site . If Council has any questions about how we write that or put that in, if you just let us know , we would appreciate it. (b) City Manager Sears said in terms of the break-ins, we have Commander Sam Watson in the audience , also Acting Director and Division Chief ... actually Deputy Director of the Safety Serv ices Department. .. Tom Vandermee is here . If you perhaps want to make sure you talk to them to make sure we have the spec ifics and we will respond back aga in to the City Council on what the questions that were asked tonight in terms of how we handle break-ins , what our pol icy is , what our man power is , etc and we w ill respond back at the next Council meeting . (c) City Manager Sears said I want to remind also Ray and Jim that Thursday afternoon at 4 :30 we have the School/City Committee meeting . It will be here. With that , that is all that I have. 14 . City Attorn ey's Report City Attorney Brotzman d id not have any matters to bring before Council. ••••• Council Member Barrentine said I have one question for the City Attorney . I had brought up about our budget meeting , being that it is not recorded , and wondered if we could go ahead or if there is a problem with that , having it recorded? But, I believe under the law, that we are remiss in not having that meeting recorded . Mayor Wolosyn said she is talking about our Budget Retreat. C ity Attorney Brotzman sa id in the future , all meetings will be recorded . Englewood City Council October 16, 2006 Page 14 Mayor Wolosyn said okay , thank you . Council Member Barrentine said part of the budget meeting was , so some of the increases , like to City Council budget, were in a Study Session and that part, at least the constituents can go back and see how the decisions were made, but I had a concern about that, so thanks for looking into it Dan . 15. Adjournment MAYOR WOLOSYN MOVED TO ADJOURN . The meeting adjourned at 8 :41 p .m . .i AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL Monday, October 16, 2006 7:30 p.m. Engle w ood Ci vic Center -Council Chambers 1 000 Englewood Parkway Englewood, CO 80110 1 . Call to order. I '. 3 f' t ry) 2. Invocation. b£:t_¥ Vf.-t, t.:rl n t 3. Pledge of Allegiance. ~,0 :Sc 'LL 4 Po.-, 4. Roll Call. ((; t?lr ;2:>' /) + 5. Consideration of Minutes of Pre v ious Session . llflf\/J ." Minutes from the Regular City Council meeting of October 2, 2006. T VY){l..SS C 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes .) a. Fire Marshal Ben Greene w ill re c ognize the winners of the Fire Prevention Week Student Poster Contest. ;e· ,(·r 1 <t.."1 , • ..;-2 , c. 1 " 1 )< ( \ tl t-"$. u,pn, 7. Recog nitio n of Unsc hedul ed Publi c Comment. (Please limit y our presentation to fi ve minutes. Time for unsc h edul ed publ ic co mm ent ma y be limited to 4 5 m inutes and if limited shall be continl.led to Ge eral Discussion.\ . · (. c Dcclci -vc ~J (' c.ntL,1tJ< :> ·+v clc,'] u,)1Y)(.Ul(t'...., 1 L Ci '~l ( t 1 1<::, C)..., t · I), ct .t'-111 •., UJ ( 1\(\ 1 I • I ~'Ir )(LVlj l '~l l,t/(,1( 1 ,t 1t,n · th, l , c"t.ti<'. 1H ~) A?Y-,ruul<~ IY'( l1 ee e( (, h · 8. Communications, Proclamations, and Appointments. ~ ?h. ·h ,c IL \le• t 1t'Q1":>1tdH.;, IT' Jo. \\ u -t ( 1 , , p I a. Le tt er from To m Roc km an announci n g hi s resig nati on fro m th e Kee p Engl ewoo d C Beautiful Commission . W C . ) ~ ( {~ b. ( f , l! l Proclamation declaring November 1, 2006 as Nationa l Li t eracy Day in th e City of Englewood. (: 'u'' -> ( 'I I I. f I Pro lamation declaring the week of October 8 -14, 2006 as Fire Prevention Week. 1 {., (• Ple,1se note: If you have a disability and need auxiliary aids or services , please notify the Ci ty of Englewood (3 03-762-2407) at leas t 48 hours in advance of when services are needed. Thank you . ••• Englewood City Council Agenda October 16, 2006 Page 2 9. Consent Agenda Items. a. Approval of Ordinances on First Reading. D Approval of Ordinances on Seqmd Reading . ~ 0, L I j I "'1 0C(i~Vc.,l v-c \ MOVe(J +o a p 11c v'e., tt...'in'.::l...?r1 -+ CLg c ,1da /'{C m.) 1.o 1 C. V \J. q r • I i. Council Bill No. 38, approv ing an Intergov ernmental Agreement w ith the Colorado '- Department of Transportation for design and construction of a bridge over the Platte River at the Golf Course. ii. Council Bill No. 39, approving an Intergovernmental Agreement with the Colorado Department of Transportation for design and construction of a bridge ov er the Platte River at Dartmouth. Resolutions and Motions. Recommendation from the Department of Finance and Administrative Services to adopt a resolution authorizing proposed changes and updates to the City's Investment Policy. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services . 10. No Public Hearing Scheduled . . ff 11. Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. i. Council Bill No. 45 -Recommendation from the Community Development Department to adopt a bill for an ordinance authorizing an amendment to an Intergov ernmental Cooperation Agreement w ith Arapahoe County relati v e to Community Dev elopment Block Grant and HOME In ve stment Partnership programs fo r 2 00 7 throu gh 2 009. STAFF SOURCE: J•-* ii : lt, JI · g FiRHH HCt L ki ' Sh t r s, i r t. \Al c 1 ~\J c c ii. Council Bill No. 41 -Recommendation from the Department of Finance and Adminis t rative Services to approv e a bill for an ordinance adopting the 2007 Budget for the City of Englewood. STAFF SOURCE : Frank Gryglewicz, Director of Finance and Administrative Services . T C r (l . "'.> Englewood City Council Agenda October 16, 2006 Page 3 ~vf;?f l}--l) iii. Council Bill No. 42 · Recommendation from the Department of Finance and Administrati v e Services to adopt a bill for an ordinance appropriating the 2007 Budget for the City of Englewood. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. ·-rc,rYlll.SSO ll~W~ lo /l, ClfPrl>Ved (c,-D ct1PfJfu eJ 1.o -O b. C. iv. V. vi. Council Bill No 40 · Recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance approving the 2006 Mill Levy for collection in 2007. STAFF SOURCE : Frank Gryglewicz, Director of Finance and Administrative Services. T t., V>")lD c C Council Bill No. 4J · Recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance approving the 2007 Budget for the Englewood/Littleton Wastewater Treatment Plant. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. T oi'Y'(,{S".:., D Council Bill No. 44 · Recommendation from the Department of Finance and Administrativ e Services to adopt a bill for an ordinance appropriating the 2007 Budget for the Englewood/Littleton Wastewater Treatment Plant. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. T c;rnc:lSS 0 Approval of Ordinances on Second Reading. Resolutions an~otions. Recommendation from the Department of Finance and Administrative Services to adopt a .resolution approving a supplemental appropriation in the amount of $75,000 for roof repairs to the ServiCenter. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services . TuYn.lL'SSC--> 12. G eneral Discussion . a. M ayor's C hoice. b . Council Members' Choice. 13 . City Manager's Report. 14. City Attorney's Report. 1 5. Adjournment. 8 '. 41 p >Y'\ Plea e note : If you have a disability and need auxiliary aids or services, please notify the City of Englewood (3 03-762 -2 407) at least 48 hours in advance of when services are needed. Thank you . I AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, October 16, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1 . Call to order. I ; 3C• p t'Y> 2. Invocation. b£t ..V V f.,J t.:tl V) e'., 3. Pledge of Allegiance. CA..,ti> 2x\cu. ~ Pa. tk ,, z_ 4. Roll Call. 0 t'.!'f f_':::,t? fl + l ll~ s e._,,, + ( Da.Jc. I l ... J') 5. Consideration of Minutes of Previous Session . A n()~ve{a. ~r--lv~-0 Minutes from the Regular City Council meeting of October 2, 2006. T OVY).({~ C 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes .) a. Fire Marshal Ben Greene will recognize the winners of the Fire Prevention Week Student Poster Contest. P-t' (' e·;>':..( :f,i ~ -, '·. '+ '2. r ,rn,_, ~-u>11ve,1ec:\ ,c...t-¥~0l>r·1.,, 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minute . Time for unscheduled public comment may be limited to 45 minutes and if limited shall be 17' continued to GeP,eral Discussion.). . . · \.!/ 'l)r . R\'-en Doc.1c1 -.1,'y -c,pi::"'.,c't1 c.Hu,11.1< :> -tt. cLC'_J cYct1r}(1t1(C....· 1 (I: i: "c: ~vicaiiS · ~ to b•'""·'-'·"": ,,.,<., Ei--;, ~L, ,1, ,?x ,, rc,n )rlv,j ·1 t .. , "< 6 E('(lit P,v ,tm · (.u.. tv ~·-c"i-l.K · •• ~ ~) ~,1 (Y'IC l1u Bl'-'(tl :,.,~: , ft 1.....1.. 8 . Communications, Proclamations, and Appointments . ~ {h .\'r ,c ¥-1-j.(J\le • t it ~··~ 1 1 , • IT' .J<,1 ,,, f -=> ~v H (1 .8, ~ p+c-·zJ a. Letter from Tom Rockman announcing his resignation from the Keep Englewood (;r o Beautiful Commission. wuc~ l ~ \ t , , {tppv1£~ct b. Proclamation declaring November 1, 2006 as National Literacy Day in the City of Englewood. T(.·l ( ·.x. C. Proclamation declaring the week of October 8 -14, 2006 as Fire Pre ention We k. T •t i' '" lt•\\(,od II OUll ii Agenda l o h,•r I ,, .!006 l',•Rt• • 9 . Co nsent Agenda Items. a. Approval of Ordinances on First Reading. ·V Approval of Ordinances on Secpnd Reading. L r woai.~vc:t r c\ 'M.OVe..O to ap~J1rcve.. (;C,Y'l :.:(',it (Lfj (',,·1d a /'1U n :) i. Council Bill No. 38, approving an Intergovernmental Agreement with the Colorado , ... ______ Department of Transportation for design and construction of a bridge over the Platte C. River at the Golf Course. ii. Council Bill No. 39, approving an Intergovernmental Agreement with the Colorado Department of Transportation for design and construction of a bridge over the Platte River at Dartmouth. Resolutions and Motions. Recommendation from the Department of Finance and Administrative Services to adopt a resolution authorizing propos e d changes and updates to the City's Investment Policy. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. 10. No Public Hearing Scheduled . . --e:;- 11 . Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. CL ppYt4etf k -(' Cc·\>p rt··/ r!_' k -l i. Council Bill No. 45 -Recommendation from the Community Development Department to adopt a bill for an ordinance authorizing an amendment to an Intergovernmental Cooperation Agreement with Arapahoe County relative to Community Dev elopment Block Grant and HOME Investment Partnership programs for 2 007 through 2009. STAFF SOURCE: J •t ii : lt; 1 • . g Fi11a111111 H-a vf1 vf S11 1 r t. \Ai CC{\ WLLi''C ii. Council Bi ll No. 41 -Recommendation from the Depart ment of Finance and Administrat ive Services to app rove a bill for an ordinance ad opt ing t he 2007 Budget for t he City of En glewood. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. Tcrnas ~jO I wood ' Shtt I Englewood City Council Agend a October 16, 2006 Page 3 ~vf£t 0 --u iii. Council Bill No. 42 · Recomm endation from the Department of Finance and Administrative Services to adopt a bill for an ordinance appropriating the 2007 Budget for the City of Englewood . STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. -rc)vYltlSSc, ll~VI~ lo /(.) Qf>PrbVtJ (o -0 ctff111)V el\ (o-C~ b. C. iv. V. vi. Council Bill No 40 · Re c ommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance approv ing the 2006 Mill Levy for collection in 2007. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. Tt.-~SC Council Bill No, 43 · Recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance approving the 2007 Budget for the Englewood/Littleton Wastewater Treatment Plant. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. T olY'i~ S '::> D Council Bill No. 44 · Recommendation from the Department of Finance and ·Administrative Services to adopt a bill for an ordinance appropriating the 2007 Budget for the Englewood/Littleton Wastewater Treatment Plant. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. 1 C(Y)£.i2>S 0 Approval of Ordinances on Second Reading. Resolutions an~otions. Recommendation from the Department of Finance and Administrative Services to adopt a resolution approving a supplemental appropriation in the amount of $75 ,000 for roof repairs to the ServiCenter. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services . T O Yn.l L'SSC_) 12. General Dis cussion . a. M ayo r 's C hoice. b . Council Members ' Choice. 13 . City Manager's Report. 14. City A ttorney' Report. 1 5. Adjournm nt. e) '. 4 f P t'Y'\ 1. Call to order. 2. Invocation . 3. Pledge of Allegiance. 4 . Roll Call. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL Monday, October 16, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1 000 Englewood Parkway Englewood, CO 80110 5. Consideration of Minutes of Previous Session. a. Minutes from the Regular City Council meeting of October 2, 2006. 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) a. Fire Marshal Ben Greene will recognize the winners of the Fire Prevention Week Student Poster Contest. 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 continued to General Discussion.) 8. Communications, Proclamations, and Appointments. a. Letter from Tom Rockman announcing his resignation from the Keep Englewood Beautiful Commission. b . Proclamation declaring Nove mber 1, 2006 as National Literacy Day in the City of Englewood. c. Pr oclama ti o n declaring the week of O c tober 8 -14, 2006 as Fire Prevention Week. Englewood City Council Agenda October 16, 2006 Page 2 9. Consent Agenda Items. a. Approval of Ordinances on First Reading . b. Approval of Ordinances on Se c ond Reading . i. Council Bill No. 38 , 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. ii. Council Bill No. 39, approving an Intergovernmental Agreement with the Colorado Department of Transportation for design and construction of a bridge over the Platte River at Dartmouth . c. Resolutions and Motions. i. Recommendation from the Department of Finance and Administrative Services to adopt a resolution authorizing proposed changes and updates to the City's Investment Policy. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services . 10. No Public Hearing Sc h edul ed. 11 . Ordinance s, Resolutions and Motions. a. Appro al of Ordinance s on First Reading. i. Coun ci l Bill No. 45 -Recommendation from the Community Development Department to adopt a bill for an ordinance authorizing an amendment to an Intergovernmental Cooperation Agreement with Arapahoe County relati ve to Community D e elopment Block Grant and HOME In vestment Partnership programs for 2007 thr o ugh 2009 . STAFF SOURCE: Janet Grimmett, Housing Finance Specialist . ii. Cou n ii Bill No. 41 -Recommendation from the Department of Finance and Ad minis tra ti e Services to app rove a bill fo r an ordinance adopting the 2007 Budget for th e City of Eng lewood. STAFF SOURCE : Frank Gryglewicz, Director of Finance and Administrative Services. Englewood City Council Agenda October 16 , 2006 Page 3 iii. Council Bill No. 42 -Recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance appropriating the 2007 Budget for the City of Englewood. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. iv. Council Bill No. 40 -Recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance approving the 2006 Mill Levy for collection in 2007. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. v . Council Bill No. 43 -Recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance approving the 2007 Budget for the Englewood/Littleton Wastewater Treatment Plant. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. vi. Council Bill No. 44 -Recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance appropriating the 2007 Budget for the Englewood/Littleton Wastewater Treatment Plant. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. b. Approval of Ordinances on Second Reading. c. Resolutions and Motions. i. Recommendation from the Department of Finance and Administrative Services to adopt a resolution approving a supplemental appropriation in the amount of $75,000 for roof repairs to the ServiCenter. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services . 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. 15. Adjournment. Pl a not : If you have a disability and need auxiliary aids or services, please notify th City of Englewood (303-762-2 407) t I a t 48 hours In dvance of when services are ne ded . Thank you. PLEASE PRINT NAME PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED VISITORS DATE: October 16, 2006 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES ADDRESS TOPIC L,ccb Jcou.-f--Pack 112- Be hJ Cl h1 ·, h _ YC'l te5 0---A Me s L-O rv (] Jo ;,l'1f/~ .Sh °' n tf5 CoJ Y Y'o,fcS 4on (e/ /Y)(!~/"f [ h5 M-Pr-'+J h 6Vi/ ~D \)\Jft D0l 0 ~ yY\ 'vJe.7,i(~ .Pae-k Lead ers ~te'Je. ~Cli{S 0 ·tVt WQs-\ va '1men cc n t/03 -Y\\QH11/'l Yaks · e Cdo ad o ~rn, estra (, or }~le~~cw ·-11 oai ~a e s I I I' re r~ 0 11 I-le nrf erq fl40h N <) n 5 61' f'\/~1 ~ ~ N~cnv"j •' . . ~~YTI: E l!c1-m~x. (e,~>1eilcr} / 4-~tb & C..T.I!. l,.e_ Ml ~ t 7'1.R. . -a.,,~ J /;ei'1'j s1 Uf.o~ ;· 1/z;"7l/f ~ ~4. "/1,Jrr-exT''·~ zf. 5. . P~ ry~f~i~~~ en~~) ~tl-t~ 7k ~Ill ~,~~~ ~-~ t-dm)~aALr· uJ2 .,,, I ti> Tes Ii z: j.:1.,,:tf,e t--.P Jj'lfot"e me.) ~l;-&44-. • I i I j • ·w hiat-·i?!l :iLmizi~(J _l;. ~/,,q . ~ Mtve I /; . I JJ - !ar· , ile-1 ~ :./ ~II ,1/f im·:· e1 ~ h'a/fe ·~ ,..J,11 I I I ' t:f . I . • I ' . , I I I =-, ~ ' I l ' ,. • ' I • • I I . ; i • 17/· 1'.1$· i_ :m,m"~t: · ·a decent respect to the opinions of mankind ." If the Fou~ding Fathers could see us now, they'd surely ask. "How on Earth did you get yourselves into this mess?" We 'w. managed to do nearly everything the Co nstitution was designed to prevent us from doing . ' :? le.\ et':»• ~~·. • I ~ •f I •• • • I i , , , MeariwhjJe, U.S.'war planes arrived at Israeli airbases car-. ~( ~poruy_ ~ntj military -equipment • The American , ~ tame from Gulf States ipduding Qatar and ·-saudi Arabia, according 'ici the Al ~ ·newspaper. 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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 quorum was present. Also present: City 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 Director Kahm , Public Works Director Gryglewicz , Finance and Administrative Services Director Black, Parks and Recreation Director Eaton , Human Resources Director Long, Library Engineering/Capital Projects Adm inistrator Henderson , Public Works Court Administrator Wolfe Police Commander Sanchez, Safety Services Fire Division Operations Chief Pattarozzi , Safety Services 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 18, 2006 . Mayo r Wolosyn asked if there was any discussion . There was none . Vote results : M otion ca m d . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None Englewood City Council October 2, 2006 Page2 6 . Recognition of Scheduled Public Comment (a) Mayor Wolosyn said Director Stu Fonda is here to recognize Water Product ion 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 Associat 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 prestig ious award . It is given in a three-state region by the American Water Works Association and one award is given per year . 'The Rocky Mountain Section of the American Water Works Association 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 storage 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 operation 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 res ident in Englewood for 20 years . I am also a letter carrier in Englewood for the past 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 being held out to the irresponsible owners who , unfortunately , we get to deal with quite a bit. The other concern is our office at this time is very shorthanded , so a lot of times carriers are doing one assignment and then go ing back out to he lp a fellow carrier in a different area . In doing this , I am running into a lot of situations where 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 afra id to let my kids walk alone to the park anymore . I am hoping that we can raise awareness and at leas t set some kind of criteria if these dogs are go ing to be in our ne ighborhoods . One of the 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 explain to th is customer that for personal an d profess ional reasons, it is not a good idea for me to get to know anybody's anima l. .. because in doing that , the next carrier that comes in on my day off, or when I am sick, or whatever the reason that I am not there , and this dog is used to approaching me, could very well approach somebody who is deathly 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 ... l 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 ... ! 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 is sues at the end of the meeting during Council Choice . Ms . Beauregard said thank you . Mayor Wolosyn said thank you . (c) Englewood Business Owner Doug Cohn , an Englewood resident , said I wanted to come back nd g1v you a littler port on Englewood Days . Most all of you received th is nifty poster. We have some Englewood City Council October 2, 2006 Page 3 certificates of appreciation that we would like to hand out to some guys in different parts of the City government. He said , Mr. Olson , I would like to give you a certificate of appreciation and a letter of thanks for the Safety Serv ices guys who worked with us on the Englewood Days and say thank you to Jeff Sanchez and John Knoth . Council Member Barrent ine said why don 't you have all of the people who we re on the Comm ittee stand up w ith you? Mr. Cohn said yes, that is a good idea . I have some other members of the Englewood Days Committee here in the audience tonight. Mr. Cohn was joined at the podium by Chris Duis, Bob Farris , Anne Burris , Laurett Barrentine . He said Rick, can I give you a cert ificate for the Public 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 grading the parking 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 slow ing the speed limi t down . So , I would like to say thank you to all of you guys over in the Public Works Departmen t 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 did . Mr. Simpson said thank you . There was applause. He sa id 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 said 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 g ive to the C ity of Englewood . He said they are unique and we would like to give it to the City . Counc il Member Barrentine said I don 't know if you guys know this or not but Chris Du is 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 with 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 Duis 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 fr om Orchard Place was n ice enough ... they volunteered to come in and help us and prov ided a lot of ass is tance in part of Orchard Place as well for th is event. So I wanted to give all of them a round of applause fo r all of the effo rt that they d id . There was applause . Ms . Barrent ine said like w it h any event , noth ing ha ppen s witho ut a Ch ief a nd while we had some ve ry hard workin g In d ian s, we d id p retty well with t hat, but it woul d n't have come together without Doug Co hn being the go-to guy and organizing all of this . An event like this is extremely difficult to put on . Even Darren ... bless his heart ... when somebody said, hey, what the City needs to do next year 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 community together and we are so very proud to have you both as a business owner and a citizen here in Englewood . W e ha ve a pla qu e for you as we ll. 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 said every single thing that the City helped with, they did a better job than anybody could have hoped for . I mean , there wasn't one thing that they didn't go overboard on . So , for all the people who helped from the C ity , you couldn't believe what kind of good job they did with everything . Englewood City Council October 2 , 2006 Page 4 Mayo r Wolosyn said thank you very much . We have a great staff and they d id go the extra mile on that proj e ct. There was applause. 7. Recognition of Unscheduled Public Comment (a) Cherie Wolkensdorfer, an Englewood res ident, said I am curren tl y an employee at Starbucks ... the new one on Broadway and Bates . We opened Friday and I am jus t 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 sa id 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 oppo rt un ity to go on Friday and last night w ith fr iends 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 th ink Dav e. the manager, is very excited about what is going on there and I w ish you a lot of success . Ms . Wolkensdorfer said I think this is going to be a plus fo r ou r C ity. Th ank you Mayor Wolosyn said thank you . There was applause . (b) Deborah Sull ivan , an Englewood res ident , said I didn 't think I would be able to speak ton ight . Around July I went down to C ity Council and I gave C ity Council an envelope and I guess maybe you guys have not rece ived it. On January 41 h ... s ix months ago ... my dog r an out of my house barking . She was a lab , looks just l ike a lab . There were two undercover pol icemen who did not identify themselves ... my ne ighbor and I both sa id , she is only bark ing and she will not hurt you . They d id not li sten at all . Mr . Sm ith p u lled h is gun and shot my dog three times in f ront of me as I watched my dog 's neck e xp lode. My concern is that pol ice officers sho ul d n ot be above the law ... th at th ey can just shoot whoever th ey w a n t. Th is man was not pu t in j a il . If my ne igh bor had done it , he would be . I have an atto rney and she told me I can speak ab o ut 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 Doggie 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 ... w e have been together for 30 years ... she w as my life . I woul d like for you all to take a look at this chart . I would like you to look at the crime scene and the pict ures 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 ... l don 't know ... after hearing that testimony 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 concerning dogs in the Ci ty of Englewood. Postal regulations do not allow a carrier to enter a yard where there is a loose animal. The topic of dog b ites is frequently addressed at our safety meetings . We are constantly told not to pet or feed a 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 dog s so it is hard to distinguish which ones are friendly o r wh ich ones are not friendly . Our mantra of delivering 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 restrain 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 with another petition with approximately 50 s ignatures , similar to what Barb just presented . And I am here again, because I strongly feel that we need to go ahead and voice our opin ion ... I need to voice my opinion ... about how I feel about this issue. I feel that the law, the way that it stands now, should probably be a little bit stricter , personally , when it perta ins 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 directly to a Code Enforcement officer ... they should be able to go out there immediately and address the situation and decide what to do from there . I wish that there would be more visib ility, you know , on some of these routes . I wish and I hope that the C ity Council would look into th is more seriously down the road , because , fo r the most part , you know 99 .9 % of dog owners are responsible and t hey do take care of their 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 th is in the bud , on just a personal level with that individual that we are having problems w ith , I th ink it would be much easier, because we would hate to cut off mail delivery for the whole block or for the ne ighbors next door, because it is not fair to people who don 't have that problem . I could go on more , but I think I should go ahead and cut it short . That is all I have . Thank you . Mayor Wolosyn said thank you . (e) James L. Campbell , of Morrison , Colorado , said thank you for th is time to address Cou nc il. was a n Englewood resident for over 20 ye a rs . I graduated from Englewood H igh School. I have been a lette r ca rri e r in Engl ewood for 32 years . Two and a half yea rs a go I w as de li ve ri ng ma il on the 3500 bloc k of Coro na Street . I wa s wo r k ing on o ne si de of the street with no p robl em ... ! cam e down th e other si d e of th e 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 del ivery 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 bice p 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 time ... 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 Ava lanche . He has attacked carriers four times and we made h im move the mailbox down on the street , they were forced to get a post office box and the dog has been p icked up and the owner t icketed twice for th is dog . I would Just like to ask th e Council to consider more regulations or tougher enforcement of the dog codes in Englewood . Thank you . Englewood City Council October 2, 2006 Page 6 Mayor Wolosyn sa id thank you . (f) Lou is Rivas sa id 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 po int where they n icknamed 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 Vietnam veteran and I came bac k scar less and here I am in Englewood with four dog bites in less than two years . So, we do need toughe r regulations . Thank you . (g) Victoria LeBert, an Englewood resident , said it is k ind of funny tha t everybody is talking abou t dogs , because I am only up here because I heard you guys talk ing in Study Session. I know you guys aren 't going to discuss breed specific dogs, but I do think there is a need for severe revamping of the dog policies that we have . I would like to point out that when I was a kid Doberman pinschers were considered 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 ... I am not speaking for them, I've just been a part of them and been around a lot of dogs . I th ink that if you go toward the breed specific , rather than work iflg on just fixing the policies and strengthening the policies 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 com ing to th is City w ith dogs that are not necessarily safe and that does worry me . There is a gentleman that lives down the street from me that have pit 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 ... I j ust want you guys to cons ider, when you are ta lk ing about th is , the re have been many, many people who have l ived in Englewood and had p it bulls specifically and they are good owners and they have had calm dogs and they haven 't had any sort of compla ints aga inst them or the ir dog , other than the fact that their dog is a pit bull . That is all I had to say. Thank you . Mayor Wolosyn said thank you . {h) Linda Hart. an Englewood res ident , sa id I have lived in Englewood for about 10 years now . h ave liv ed in Littleton for about five years before that and I'm a Colorado native . I show dogs . I have small dogs. I have silky terriers which are about 10 pounds and have done that for about 30 yea rs . I also wo rk ed o n PACFA, the State Regulation for Care and Facilities and I worked w ith several cities on their dog ordinance s. I a m w or king wi th Parker r ight now and a co u p le of other places that we are try ing to br ing t hem into line an d get them w ith some good ord inances . I sat in on your Study Sess ion and I agree w ith what is be ing presented ... that b ree d specific law s do not work . You may b a n p it bull s b ut you are not b re ed ing bull m ast iffs or mastiffs or some of the other Japanese breeds that can be quite aggressive , if they are impro perly socialized and improperly raised . You need to be punishing the owners that are having the vicious dogs . I see my lette r 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 Ci t y of Englewood would be well served to do the same thing ... to review the State law and bring the City laws in line. The State law is a very good law at this point in time . Also , the information that you were given from the Coalition For L iv 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 said thank you . 8 Communications, Proclamations and Appointments Englewood City Council October 2, 2006 Page 7 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) considered . A letter from Betty Goosman announcing her resignation from the Election Commission was (b) A letter from Betty Goosman announcing her resignation from the Transportation 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 serv ed 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 proclamation declaring October as National Meet the Blind 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 proclamation to Brent Batron , Chip Johnson and Jerem iah Beasley . 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) Approva l of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 11 (b).) COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED , TO APPROVE CONSENT AGENDA ITEM 9 (c) (I). (c) Resolutions and Motions (i) RESOLUTION NO . 78 , SERIES OF 2006 Englewood City Council October 2, 2006 Pages 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: Ayes : Nays : Motion carried . 10 . Public Hearing Items Council Members Barrentine, Mccaslin, Moore , Wolosyn, Woodward, Tomasso , Oakley None 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 since 1982 . When the City built that bridge to connect the east and west sides of the river, as we developed the Golf Course on the east side . For the last several years , there has been a lot of conflict with the increased use of the Trail System. We are asking golfers, we are asking bicyclists and hikers and folks walking 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 bridge at that location. At this time 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 list of projects that DRCOG 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 cities 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 available from that Pool. This is almost a first-come , first-serve with the State ... and we really believe that the competition right now is between Englewood , Boulder and Golden for projects . Since we are already in the fisca l year 2007 , money is available as soon as the State could prepare the necessary documents . It would allow us to start the design on that bridge this year yet and as early as July of next year , possibly start construction . And that would also line up w ith the proposed developments at the Golf Course , because the Course is expected to open in the early summer of 2008 . In this particular inst ance , 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 in tend 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 improvements 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 po int , regardless . Mr . Woodward sa id some sort of control would be put up 0 ( Englewood City Council October 2, 2006 Page 9 to turn the trail 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 COUNC IL 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 sa id 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 Transportation for design and construction of a bridge over the Platte River at Dartmouth . He said like the previous request , th is is almost ;dent ica l. In th is case , the bridge is along side Dartmouth . There the situat ion is we are ask ing the Trail users tc cross on the existing street br idge , wh ich has a very na rrow s idewalk ... so th e separation would be of great v:Jlue from a safety standpoint. It is almost identical except on the funding . In th is particular instance , we have tt is 80/20 spl it , but what the City did when we asked for this is, in order to increas e our chances of getting fundin 1 1 for this bridge , we worked with Community Development and this was subm itted at about a 65/35 split...but w, 1 overmatched it and that got us additional points in the evaluation, which got us on th is l is t. One thing that I shm Id also note is that there is a note that the corrected outline letters are not substantive changes . What ti at is about is that the State , in a hurry to get these contracts to us, because it is going to be a first-come, first-berve situation ... had made some technical errors ... nothing that has any impact on the language in the contract or 'he value of the contract. We will try to get those corrected before you sign them , but we d id go forward ... yo u w ill see where we have had to do some hand writ ing to correct some lett ers and numbers . But I th ink that is the only th ing we 've got there , is that we did overmatch it. And if in fact , they don't fund that project in 2007 , we will ask them to allow us to go forward and use ou r overmatch fu nd s to get t he des ign started , so that it could still be bu ilt 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 Tra ils meeting down in Little ton with the County Commissioners and the stakeholders on the South Platte River . And th is partic ul ar a rea was ident ifie d as be ing real important to get the eas t and west connections back into the trail s , especially in th e City of En gl e wood . W ith the T IP financing and the leverage that we are able to do , I am real s upportive of this . I think the Parks Ma ster Plan , as pointed out in Trails and Open Space , are very high on the list of the citizens and so I am sup portive of this . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , T O APPROVE AG E NDA ITE M 11 (a) (ii) • COUNCIL BILL NO. 39 . COU NCIL 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 PLATTE RIVER AT DARTMOUTH AVENUE . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore, Wolosyn , Woodward , Tomasso, Oakley Nays : None (b) Approval of Ordinances on Second Reading (i) Council Bill No . 37 , approving the vac ation of an alley in the 1800-1900 blocks between South Raritan and South Tejon Streets was considered . 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: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward, Tomasso, Oakley Nays : None (c) Resolutions and Motions (i) Director Kahm presented a recommendat ion from the Public Works Department to app rove a motion awarding a contract to Major Env ironmental Services for environmental mon itoring and co nsu lti ng services related to the reconstruct ion of the Golf Course and redevelopment of associated propert y in the amount of $264 ,000 .00 . He said as we go forward with the Golf Course project , there are two pieces that affect the C it y. There are two separate VCUP 's, Volun tary Compliance cleanup documents ... one that affects the development that M iller We ingarten is do ing an d one that affects the Go lf 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 th is env iron mental con tract. T he sa me f olks w ill als o come into p lay an y time we encounter an enviro n me nta l iss ue as th e Gol f Course it se lf is bei ng c o ns tructed , because much of that property is still on a landfill and any time that th ey, fo r ins tance , just trench thro ugh th e d irt and get into trash , then that comes in to play and that has to be dealt w ith . 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 sa id thank you Rick . Are there any questions? Council Member Woodward sa id I have a quest ion . On the second to last page here , under the MaJor Environmental Serv ices . Inc ., under the ir letterhead ... the very last sentence on that first page : It 1s ou r understanding that th e City w ill provide an on -si te job tra il er with electrical power and heat . He said do w e hav a Job trail r or. .. Mr Kahm said w e w ill have a trailer . Mr . Woodwa rd said we will have one? Mr . Kahm sa id w 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 beg inning 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 th is 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 Afte r School! on October 1 i h Sue worked w ith me to tell her that we co ul d exped ite it, bu t that I would ask Council's permiss ion to pass th is proclamation ton ight. I am going to pas s it out and hope that y o u agree . It is a great prog ram ... Ki dQue st. .. I think it has been going for about five years and it started with a Federal grant, but it is maintaining itself without and it really does help out in this commun ity . COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED , TO APPROV E A PROCLAMATION DECLARING OCTOBER 12, 2006 AS LIGHTS ON AFTER SCHOOL! DAY . Motion carried . Ayes : C o u ncil M em bers Barre ntin e, M cca s lin, Mo ore , Wolosyn, W ood w ard, T o masso, Oakle y 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 cou ld have the original of the letter complimenting the Englewood Days along with the photos that were included and I don 't see a problem w ith 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 said Le igh Ann Hoffhines and I and the members of the Cultural Arts Commission would like to tell you that the annual judging 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 City 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 going to address the issues in the Study Session . Wayne I think that when it comes to your Council Choice, would you like to address the woman in the audience about the tragedy . Mr. Oakley said yes, I will do that. Ms. Wolosyn said thank you . Mayor Wolosyn said I would like to follow up on the comments from Lorena Beauregard ... Mr. Campbell 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 input 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 particular 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 postponed the majority of that discussion to next Monday at 6 o 'clock . Thank you . (b) Council Members' Choice (i) Council Member Barrentine : 1. She sa id I wou ld like to reiterate some of what she said . It is very timely that you guys came on th is issue , but it isn't just to address whether we have an ordinance that is tough enough or not, but certainly 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 looking at the ordinance and discussing the dog issue as well. It is eye opening to hear that, that many complaints can be filed and maybe we have some issues . No matter how strong you make a law , if it is not enforced , it means noth ing , so we will be looking at that at the same t ime. I am sorry about your loss of your dog . I appreciate your provid ing the other information . It is a little too much to look through right now and I do remember when that happened and I also remember the sentiments of that officer and how upset he was of what had happened as wel l. But you have some additional information ... you provided some othe r th ings to look through and I a pprecia te tha t and I am sorry that you lost the an imal. 2 . She said like I said e ar lier, I went to t he opening of Starbu c ks. Also , on m y way to th e openi ng of Starbucks, I also saw the work that they 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 comp l iments from the people at Starbucks, from John at Alignment M asters and from the owner of George's . I have been hearing so many positive things about 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 works , for a business office , there are some concerns about trying to move forward with that. And it was that afternoon, within 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 bus iness owners are profiting from that and so is the community . Thank you very much Bob ... I a ppreciate it. .. and to your Department and to Darren Hollingsworth as well . It was an eye opening experience nd 1t 1s nice . One of th people said , ou know , w II what do they do , you know , as far as the City just prov 1d 1ng money? nd that 1s not what they ar doing Th y ar helping people put that crowbar 1n their wallet ) ( Englewood City Council October 2, 2006 Page 13 and spend their money in this community . They are not getting people to invest in Englewood , because they are able to offer them tax rebates or funds or they offer them expertise, information, some tax relief, but those are through Federal programs with the Enterprise Zone and then some that are City, but it is a minimal 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 assumption that some of these people coming in weren't getting any kind of breaks from the City tax wise 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 over that money and invest in the community . I appreciate what you did . (ii) Council Member Mccaslin sa id after some of the feedback that I heard tonight and the residents that I talked to about some of the Code Enforcement issues ... as far as dogs and weeds ... l 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 think 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) Council Member Oakley: 1. He said yes, I would lend my comments to that same subject. Being a dog person myself, I am amazed at the amount of people that have dogs ... that they have them because they know that they are maybe on the vicious 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, knowing the harm that they do to other people . We just have to do something about this . 2 . He said getting back to Deborah Sullivan's talk here before us tonight.. .this is a little bit backwards from what I intended ... I intended to bring it up at Study Session ... but Debbie did call me two times last Thursday and then we talked again today and you can see how distraught she was tonight 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 her that that is the way things happen, because we are part time people here and the City Attorney is full time ... so they handle these things for us . But, we do know what is going on and , at an appropr iate time , the City Attorney brings this stuff before us and I am sure that will be the case here and there may be more 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 thought by our attendance that we looked like we were , because some cities only had one representative and we had most of the City Council 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 re presentat ive ... 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 a n issue that is on the table and we need to look at. M a yo r Wolosyn sa id I agree that should be at a future Study Sess ion and I saw J im Taylor the other day and he asked me a bout o ur part icipat ion . I told him we would get back to him . Mr. Tomasso sa id yes . (vi) Council Mem be r W oodward : ) Englewood City Council October 2, 2006 Page14 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 ... l 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 201 h . July 3 rd 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 cla im within six months and th is 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 mee ting adj ou rned at 8:48 p.m . . , 2006 Poster Contest Winners Cherrelyn 1 . Maria Morales 2. Ashley Cleary-Bennett 3. Moira Montgomery Clayton 1 . Joseph T attone 2. Laura Johnson 3. Danyelle Ruggera All Souls 1. Kate Schilmoeller 2. Eric Timmermeyer 3. Anna Pavlakovich Bishop 1. Leslie Krening 2. Abby Enos 3. Cassie Nielsen St. Louis 1. Michael Hoeft 2. Daniel Gibbons 3. John Beckman Maddox 1. Hunter Mendoza 2 . Jose Magallanes 3. Bryant Foster Charles Hay 1. Ruben Rivas 2 . Brady Trebus 3. Noah Stanley-Huff Mrs . Howard Mrs . Howard Mrs . Howard Mrs. Bussell Ms. Grimes Ms. Grimes Mrs . Ernst Mrs. Bosch Mrs. Bosch Mrs . Little Mrs. Cantone Mrs . Little Mrs . Gerding Mrs. Walker Mrs. Walker Mrs . Wolf Mrs. Ausherman Mrs . Lawson Ms . Bachman Mr. Rode Ms . Bachman Rhea Dodd, DVM, MA IVAS Certified Veterinary Acupuncturist Animal Behavior Consultant GENTLE VET C: (303) 919-1504 E: RheaDoc@comcast.net www.Gentle-Vet.com ------~ Dr. Rhea Dodd earned her Doctorate in Veterinary Medicine from Colorado State University in 1992, and also holds a Master's Degree in inter-species relationships from the University of Colorado at Boulder. She became certified in Veterinary Acupuncture in 2001, and was then selected as a teaching assistant, clinical preceptor and presenter for the Course in Basic Acupuncture for Veterinarians at Colorado State University. She now owns her own practice, Gentle Vet, with a focus on behavior solutions and acupuncture for pets . Her mission is to promote understanding between pets and their families and to relieve emotional and physical suffering in pets. She is the immediate past president of the Rocky Mountain Holistic Veterinary Medical Association. Dr. Dodd lectures, teaches and writes about pet behavior and pain management topics. She has been featured on 9News, WB2, Channel 4, in the Denver Post, the Rocky Mountain News, the Denver Daily News and Colorado Parent. She is a popular speaker for such organizations as the Denver Dumb Friends League, the Cat Care Society, the Denver Veterinary Medical Association and Freedom Service Dogs. Learn more at www.Gentle-Vetcom MISSION: RHEA DODD, DVM, MA )VAS Certified Veterinary Acupuncturist, President, Gentle Vet, P.C. 16558 Little Canyon Drive Morri son , Colorado 80465 Cell : (303) 919-1504 Fax : (303) 697-3972 e-mail : RheaDoc@comcast.net website : www .Gentle-Vet.com • To relieve emotional and physical suffering in pets • To promote understanding between pets and their families CAREER OBJECTIVES: • To provide animal behavior counseling services for clients and their companion animals • To promote humane, scientifically valid training methods for companion animals via public and veterinary education lectures, seminars, articles and workshops • To conduct animal behavior in-services for veterinary hospital staff and doctors • To provide acupuncture and pain management services for animals, in order to improve quality of life EDUCATION: DVM 1992 : Colorado State University , College of Veterinary Medicine and Biomedical Sci ence s, Fort Collins, CO MA 1989 : University of Colorado, Dept. of Environmental , Population and Organismic Biology, Boulder, CO MA Thesis: "Coevolutionary Dynamincs between Yu cca Glauca and Tegetic u/a y uccas ella along an Elevational Transect in the Front Range of Colorado": a study of the degree of interdependence between a pollinator and plant, wide ly thought to be obligate mutualists . BA 1984 : University of Colorado, Dept. o f Environmental , Population and Organismic Biology, Boulder, CO HONORS AND A WARDS: 1991 : Salisbury Veterinary Scholarship 1990: Gerhig/Hawaii Veterinary Medical Association Award 1986 and 1987 : Francis Ramaley Memorial Award 1986 and 1987 : Lichty/O'Dell Memorial Award VETERINARY EXPERIENCE : 9/02 -present GENTL E VET, P.C. President 1986 : Sigma-Xi Grant-in-Aid of Research 1986: Graduate School Foundation Fund Award 1986 : Gordon Alexander Memorial Award 1984 : Dean 's List ; Honor's Program , U of C MORRI SON, C Ol.O RA OO Small animal practice focusing on quality of life care for pets. This work centers on two main areas of interest: managing chronic pain in pets, and resolving animal behavior problems . Treated over 700 animal behavior cases, with a special emphasis on feline house-soiling problems, separation anxiety, fears , phobias and aggression in dogs . Acupuncture case load of20-30 appointments/week, helping pets with chronic pain, neurological problems and geriatric issues live long and prosper. Recent accomplishments : • Certified by the International Veteri nary Ac up uncture Society in com panion animal acu p uncture • Immediate past president of the Rocky Mountain Ho listic Veterinary Medical Association • Planned and presented interactive behavioral wellness semi nars for pet-owners for the Cat Care Society ('04) and the Denver Area Veterinary Medical Society ('03 and '04) • Volunteer, taught dog-handlers class and behavior consultant for Freedom ervice Dogs, Inc . • Designed and taught puppy wellness and obedience classes 2003-2005 • Trained in media communications, 2006 • Featured on 9New , WB 2, hannel 4 , and in the Denver Po t, the Rocky Mountain New , the Denver Dail y New , Mil e High Ne w and olorado Parent Magazine ..... Rhea Dodd Page2 11/99 9/01 ANIMAL BEHAVIOR ASSOCIATES Ll1TLETON1 C OLORADO Animal Behavior Consultant • Position as an animal behavior practice , working with three Ph .D., Certified Appl ied Animal Behaviorists, Suzanne Hetts, Daniel Estep and Jan Driscoll. • Conducted client interviews , diagnosed behavior problems, formulated treatment plans, educated clients, and follow-up with clients and referring veterinarians . S/00 9/01. 3/03-8/03 DEPARTMENT OF CLINICAL SCIENCES C OLORADO ST A n: U NIV ERSITY I FORT COLLINS Teaching Assistant and Clinical Preceptor • 140-hour continuing education course in basic acupuncture techniques, taught at the Veterinary Teaching Hospital • Taught laboratory sessions and presented case reports 9/98-1/99 GUNBARREL VETERINARY CLINIC G UNBARREL.COLORADO Veterinarian • Two doctor, small animal practice • Staff management, client relations, general medicine, animal behavior, pain management and surgical duties • Instituted monthly staff meetings and safety protocols 4/95-6/96 CARE ANIMAL HOSPITAL ARV ADA1 C OLORADO Veterinarian (half-time position) • Three doctor, busy small animal practice, specializing in high-caliber medical care and client education • Responsible for all aspects of surgical and medical diagnostics and therapeutics . Developed competence in complex case management, exotic pet medicine, dentistry and animal behavior. Owner: Paige Garnett, DVM . 6/91-11/94 ARVADA VETERINARY HOSPITAL ARV ADA. COLORADO Ve terinarian • Three doctor practice. Developed clinical proficiency in general medicine, surgery, dentistry and small mammal s • Preventative Health : Implemented geriatric , pre-surgical, weight loss, dental and heartwonn awareness programs • Client Education : Designed patient care handouts including behavior, computerized aftercare instructions • Management : Initiated monthly staff and business meetings, client reminder system , new client brochure VETERINARY STUDENT POSITIONS: 1-1/92 INDEPENDENT STUDY IN ANIMAL BEHAVIOR D ENVER. C OLORADO • Accompanied Daniel Estep, PhD, Ce rtified Appli ed Animal Behaviorist on behavior housecalls • Wro te clie nt handouts for the Denver Dumb Fri ends League on Destructive Behav ior in Dogs, Canine Rivalry and Felin e Litterbox proble ms. T hese are still in use by the DDFL, Ange ll Memorial Hospital/ Massac husetts SPCA, Animal Hum ane Soc iety, Cat Care Society , La brador Retrie ver Resc ue and Ch ippewa County Hu mane Association • Animal Behavior Help-line Training Course: 40 hour course, taught by Suzanne Hetts, Ph .D. for the Denver Dumb Friends League Help-line volunteers. Topics included learning theory and behavioral therapy . Sessions involved actual case work as well as role plays. • Emphasis on accurate history taking, diagnosis and treatment for common behavior problems. 6/9 1 PR ECEPTORS HI PS I N ANIMAL BEHAVIOR NEW YOR K. BosTO • Assisted two Certified Applied An ima l Behaviorists, Peter Borche lt, Ph D in New York City, and Amy Marder, MA, DVM in Boston. Both are nationally known behavior consultants in private practice , who publish scientific and popu lar article . • Typical cases involved fearfulness, aggression, barking and inappropriate elimination . • Augmented fundamental kills in diagnosing and treating behavior problems . Kept detailed case log . • Gained experience in taking patient behavioral hi torie , e tablishing diagnoses, and developing treatment plan 5191 and 7/91 CARE ANIMAL HOSPITAL Mt APA, COl,QltAOO Veterinary As.,i. tant • Developed clini kill and judgment in medicine, ur ery. denti try and client relation Rhea Dodd Page 3 5/91 and 7/91 VETERINARY EYE CLINIC DENVER.COLORADO Veterinary Assistant • Assisted Todd Hammond , veterinary ophthalmologist, one day per week • Improved clinical proficiency in medical and surgical ophthalmology 7/90-8/90 MACKAY ANIMAL CLINIC WHITBY 1 0NTARI01 C ANADA Veterinary Assistant • Five doctor, top-quality small animal veterinary practice. Assisted in surgery, radiology and anesthesia, performed supervised minor surgeries , administered treatments to hospitalized patients. Owner: Clayton Mackay , DVM , past president of AAHA. 6/90 THRUMS VETERINARY GROUP KIRRIEM UIR, SCOTLAND Veterinary Assistant • Rural practice. Performed physical examinations, dentistries , Brucellosis and Tuberculosis testing 7/87-6/88 VALLEY VETERINARY HOSPITAL LONGMONT.COLORADO Veterinary Assistant • Four doctor, mixed-animal veterinary practice . Assisted in surgery, radiology , emergency care and farm visits . Part-time, volunteer position . • RESEARCH EXPERIENCE : 9/85-9/88 DEPARTMENT OF E.P.O. BIOLOGY U NIVERSITY OF COLORADO, BOULDER, C O Graduate Student • M.A . Thesis : "Coevolut ionary Dynamics between Yucca G lau ca and Tegeticula yuccasella along an Elevational Transect in the Front Range of Colorado". A field study of the degree of interdependence between a pollinator and a plant, widely thought to be obligate mutualists . Summen. '85-'87 DEPARTMENT OF E.P.O. BIOLOGY UN IVERSITY OF COLORADO. BOULDER. c o Graduate Research Ass istant • Research assistant on a five -year, NSF funded study on reproduction and plant-animal int eraction s of Pinus p ondersos a • Collected field data on geneti c mediation of strob ilus production , se lective herbivory by mul e deer and insect parasitism . Yan B. Linhart, Ph .D., principal inv es ti gator. 6/84 -4/85 CENTER FOR LIMNOLOGY t1N 1v ERS1TY ot· C OLORADO. BOULDER. c o Professional Research Assistant • Identified and cataloged phytoplankton for an NSF funded inventory on the biodiversity of the Orinoca River , Venezuela • Collected field data and chemically analyzed rain water for a long-term study on acid rain , and a limnological study of Lake Dillon • Supervised work-study personnel 1/83 -3/84 DEPA RTMENT OF [.P.O. BI OLOG Y lJNIVt:ll ID' OF COLORADO. 80\ILDER. co Honor 's Program • Designed and implemented a research project to study the possible adaptive significance of cotyledon number in Pinus p onderosa and Abies concolor 1/83 -3/84 DEPARTMENT Of E.P.o. BIOLOGY UNIVERSITY Of' COLORADO, BOULDE R, Co laboratory Assistant • Volunteer in genetic data entry. Research Assistant laboratory . Re pon ible for electrophore is preparation , animal care, library research and • ldcntilicd, enumerat d horebird at Grey' llari>or, W hington . w Rhea Dodd Page4 5/82 DEPARTMENT OF BIOLOGY THE EVERGREEN STATE COLLEGE, 0LYMPIA1 WA Independent Research • Field session at Malheur Field Station, Malheur, Oregon. Concentration in botany , ecology , avian behavior and identification. 1/80 6/80 DEPARTMENT OF BIOLOGY THE EVERGREEN STATE COLLEGE. OLYMPIA.WA Independent Research • Designed and implemented a research project to isolate a nitrogen fixing bacteria from the root nodules of Ceanothus velutinus , a non-leguminous, nitrogen-fixing shrub . TEACHING EXPERIENCE: 1/86-1/88 NATURAL SCIENCES PROGRAM U N IVERSITY OF COLORA001 BOULDER. CO Graduate Teaching Assistant • Taught two recitation and laboratory sections in an introductory biology course for non-majors . Lectured to recitation section, planned and conducted tutorial and laboratory sessions, graded laboratory reports and designed exam questions. 8/85 -1/86 DEPARTMENT OF E.P.O. BIOLOGY UNIVERSITY OF COLORADO. BOULDER. co Graduate Teaching Assistant • Taught three laboratory sections in a general biology course for majors . Conducted laboratory and formal tutorial sessions, and graded laboratory reports Summers, '82-'83 COLORADO OUTWARD BOUND SCHOOL DENVER.COLORADO Outward Bound Instructor • Led 23-day mountaineering trips into the Colorado backcountry. Emphasis on leadership training, attaining personal goals and environmental conservation . 6-8/79. 9n1 -9ns PROJECT U.S.E Environmental Educator • Taught ecology, environmental sensitivity and outdoor skills to inner-city youth . PROFESSIONAL AFFILIATIONS: American Association of Veterinary Acupuncturists American Holistic Veterinary Medical Association LONGBRANCH 1 NEW JERSE\' American Veterinary Medical Association: Class Representative of th e Student Chapter of th e AVMA , '89-'90 American Veterinary Society of Animal Behavior Animal Behavior Society Association of Pet Dog Trainers Colorado Veterinary Medical Association : C urre nt me mber, Stud e nt Re presentat ive of Members hip Committee, '91- '92; Fo und ed Student C hapter, '91; Stud ent Representative to Small Animal Commission, '90-'9 I Denver Area Veterinary Medical Society: Membership Services Committee, '92-'93 International Vet e rinary Acupuncture Society Rocky Mountain Holistic Veterinary Medical Assoc iation : Immediate past president Veterinary Botanical Medical Association STUDENT LEADERSHIP ROLES : Students for Human-Animal Relationship Education -SHARE : He lped fo un d th is student organization dedicated to promot ing th e huma n-animal bond , wh ic h received th e De lta Society Nat io nal Model Program Award in 1991. Na tional W inn er of th e Delta Soc iety Mod e l Program Award, '91 ; C hai rm an of the Executive Board, '90-'91 ; Cl Re prese ntat ive, '89-'90 Seminar, Benjamin Hart, DVM , PhD, bewhavior professo r from Uni venlty o f C alifo rn ia a t Da vi, 10/9 1 • Arranged th is wee ke nd se minar as C hai rm an of th e Exec utive Board of .H.A .R.E. • Topics included : pet se lec t ion, dominance aggression, introducing pet to new baby, c nin rivalry , fi lin elimination and inappropriate scratching, punishment, ubmi ivc urin lion , and hormonal modifi lion . Rhea Dodd Page 5 Seminar, Karen Overall, MA, VMD, director of the Behavior Clinic at the University of Pennsylvania, 6/5/91 • Arranged this weekend seminar as Chainnan of the Executive Board ofS.H.A.R.E . • Topics included: history taking, feline e limination problems, canine aggression, puppy training, introducing a new pet and attention seeking behavior. PROFESSIONAL INTERESTS: Behavior, acupuncture, pain management, geriatrics and hospice care, internal and preventative medicine, nutrition PERSONAL INTERESTS: Dog Training: herding, agility, rally obedience, general obedience ; travel ; outdoor sports (French-American Rock climbing Exchange, '82); Tae-kwon Do (1st degree Black belt, '86; National Champion, '86; National Champion, '84); swimming (CSU Triathlon, '89; Varsity Swim Team, '80-'8 I) RECENT CONTINUING EDUCATION: North American Veterinary Conference (1/06), Organized and attended the Veterinary Botanical Medical Association Mayan Medicine Seminar, Belize (3/06), Shelter-related Behavior Seminar (4/06), Annual Scientific Symposium of Animal Behavior (7/03), Workshop on Implementing Puppy Classes In The Veterinary Practice ('02), Psychophannacology for Veterinarians, college of Veterinary Medicine, University of Georgia, 15 .5 hour short course ('O I), Presenter at International Forum of Applied Animal Behaviorists ('O I) REFERENCES: Dr. Patrice Mich, Department of Clinical Sciences, Veterinary Teaching Hospital , Fort Collins, CO (303) 902-9203 Dr. Cindy Wallis, Natural Vet, Glenwood, CO (970) 618-5939 Donna Mlinek, Animal Behavior Manager, Denver Dumb Friends League, Denver, CO (303) 696-4941 Dr. Paige Garnett, Care Animal Hospital, 8044 Kipling Street, Arvada, CO 80005 (303) 421-8000 Dr. Narda Robinson, Veterinary Teaching Hospital , Colorado State University, Fort Collins, CO (970) 221-4535 Dr. Yan Linhart, Dept. of E.P.0. Biology, University of Colorado, Boulder, CO 80309 (Major Advisor for M.A.) (303)492-830 I Dr. Marc Snyder, Chainnan, Dept. of Biology, Colorado College, Colorado Springs, CO 80903 (719) 389-6209 PUBLICATIONS: Raising a Behaviorally Healthy Puppy: A Pet Parenting Guide. S., Hetts , and D . Q . Estep ,lsland Dog Press, Littleton, CO 2004 . Co-authored chapter on preventative healthcare for dogs. Reproductive Consequences of Interactions between Yucca glauca (Agavaceae) and Tegeticula yuccasella (Lepidoptera) in Colorado, Rhea Jean Dodd, Yan B. Linhart. American Journal of Botany, Vol. 81, No. 7 (Jul., 1994 ), pp . 815-825 Yucca Sex, Yan B. Linhart and Rhea J . Dodd, Scientific Correspondence , Nature, Vol. 370, (Aug., 1994), p. 604 Beyond the Known , Rhea Dodd, feature on Mt. Rainier Accident, Climbing Magazine, Vol. 197 (Sept., 2000), p . 128- 134 PIT PARTNERS ' Pet Partners is a service program of Delta Society . Delta Society trains volunteers through the Pet Partners Team Training course on how to visit safely and effectively with their pet. Volunteers and their pets are screened by Delta Society Team Evaluators for appropriate skills and aptitude which determines the best setting for a team to visit. Pet Partner teams provide v isits to hospitals, nursing homes, schools , and other places the ir assistance and companionship is requested. What animals are involved as Pet Partners? Pet Partners are dogs, cats , birds , and other domesticated an imals who , with their owners , visit nursing homes , hospitals , schools , treatment centers and other facilities . Is any particular b reed of dog better than another? Delta Society registers both m ixed breeds and purebreds that excel in this type of work. This includes Rottweillers , Dobermans and Pitbull breeds . Today we have 85 Rottweillers (17 of them a Rottweiller mix), 56 Dobermans (4 of them a Doberman mix) and 26 Pittbulls (12 of them a Pitbull mix) registered with our program . What is important is the individual animal 's personality -that s/he likes people - and is confident i n visiting strange places . Animals that participate in the program a re controllable , reliable , and predictable . They also have good manne rs in publ ic p laces , and have the soc ial skills to seek out and visit with strangers . The Pet Partn ers prog ra m is un ique in that we look at both ends of the leash , volunteers too must illustrate that they have the skills to work well with their animal , clients and the facilities they serve . For more information on Delta Society and our programs please contact us . Thank you for your interest! Delta Soc iety* 875 124111 Avenue NE . Su ite 101 , Bellevue , WA 98005-2531 425 .679.5500 I www .deltasociety .org I info@deltasociety .org C r~ JI/}·;. . ....... ~-. . . -· . ·:. ·~ '· I • Tllomas R . Rockman Jr . .' ..., '.., 14111 E. Girard Pl., Apt. 8·21U .~;-· ' &glewood , CO 80113 ::~3 ,\ \ -· -· . . . :Dear K EB c6/Vll-'VI IS.S ,'e1/L., bl.St.·~u is.hed En:J1ewood C, 'ry C ~ ~rt c I J M eM be r.s, 4 · ·1he rioriom.b le /VI <'-'j or o ~"'-VVo lo"'J ", '. Ir t.• ii · I i l 1 '. Jr , 'Thank j""u. -hr T:_e. o ppor+l-ln,Tj --/s i. Se r Ve_ o ,-_ i11 e. k /::JS C " """" i s s ,'o '"-d ,_, n','J .. !he l a s-t-;;, , 'x vvi o n 1-t,.s . ·r:---t-h. a .5 beef) a. n hdrl U-C{rtd r If' V ,· (J -hi VVor }<; \N t-t/r. st,( Cl 'e: I ,3kt--e11-e A., e,w i'ro" YV\-erda I)-/'V\ lr\ded C er MM ,_s.s Io"'-vvt.e JV\ be~ 1 e .s. fR c., ·Q 1 l j CJ{/\ 1 ?1e. 3,d. Ann u0t l 5 -K. FvLn R L--(n . As ,;. 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( PROCLAMATION WHEREAS, as many as 44 million adults in this country cannot read at levels necessary to succeed in today's society ; and WHEREAS, the problems created by illiteracy affect all Englewood residents through lower productivity and higher social costs; and WHEREAS, the tireless efforts of many local groups, including the Colorado State Daughters of the American Revolution, have contributed to the success of literacy programs through volunteerism; and WHEREAS, volunteers in our state have enabled many residents to reach their goals by providing free classes and tutoring; and WHEREAS, community programs throughout our Nation are observing November 151 as National Family Literacy Day. NOW THEREFORE, I, Olga Wolosyn, Mayor of the City of Englewood, Colorado , hereby proclaim the day of November 1, 2006 as : NATIONAL FAMILY LITERACY DAY in the City of Englewood, Colorado . I urge all of our citizens to honor literacy students , tutors , and all those who support the literacy effort, and encourage those who are able , to become a volunteer for literacy organizations or libraries in the City of Englewood , Colorado . GIVEN und er my hand an d sea l this 16th day of Octo ber, 200 6. Olga Wolo yn, Mayor 8b PROCLAMATION WHEREAS, the City of Englewood is committed to ensuring the safety and security of all those living in and visiting our city; and WHEREAS, fire is a serious public safety concern both locally and nationally , and homes are the locations where people are at the greatest risk from fire ; and WHEREAS , the nonprofit National Fire Protection Association (NFPA) has documented through its research that cooking is the leading cause of home fires , with one out of every three home fires begins in the kitchen; and WHEREAS , the City of Englewood 's firefighters are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, Englewood 's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire; and WHEREAS , using proper care with candles will have a positive effect on the home fire problem; and WHEREAS , each cooking fire that is prevented in Englewood is an opportunity to prevent painful injury and costly property damage ; and WHEREAS , the 2006 Fire Prevention Week theme, "Prevent Cooking Fires: Watch What You Heat", effectively serves to remind us all of the simple actions we can take to stay safer from fire during Fire Prevention Week and year-round; NOW THEREFORE , I, Ol ga Wolo syn, Mayor of the City of Englewood, Colorado, hereby proclaims the week of October 8th through 14th, 2006 as : FIRE PREVENTION WEEK throughout the City of Englewood , Colorado and I urge all the citizens of Englewood, Colorado to heed the important safety mes age of Fire Prevention Week 2006, and to support the many public safety activitie and efforts of Englewood Safety Services. IV • N under my hand and ea! this 16th day of October, 2006 . PROCLAMATION WHEREAS , the City of Englewood is committed to ensuring the safety and security of all those living in and visiting our city; and WHEREAS , fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at the greatest risk from fire ; and WHEREAS, the nonprofit National Fire Protection Association (NFPA) has documented through its research that cooking is the leading cause of home fires , with one out of every three home fires begins in the kitchen; and WHEREAS, the City of Englewood's firefighters are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, Englewood's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire; and WHEREAS, using proper care with candles will have a positive effect on the home fire problem; and WHEREAS, each cooking fire that is prevented in Englewood is an opportunity to prevent painful injury and costly property damage; and WHEREAS , the 2006 Fire Prevention Week theme, "Prevent Cooking Fires : Watch What You Heat", effectively serves to remind us all of the simple actions we can take to stay safer from fire during Fire Prevention Week and year-round; NOW THEREFORE, I, Olga Wolosyn, Mayor of the City of Englewood, Colorado , h ereby proclaims the week of October 8th through 14th, 2006 as : FIRE PREVENTION WEEK throughout the City of Englewood, Colorado and I urge all the citizens of Englewood, Colorado to heed the important safety messages of Fire Prevention Week 2006, and to support the many public safety activities and efforts of Englewood Safety Services. GIVEN under my hand and seal this 16th day of October, 2006 . Olga Wolosyn, Mayor 8c ( ( ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER WOODWARD 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 River 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 Intermodal 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 , 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 Intergovernmental Agreement with COOT entitled "Transportation Enhancement Contract", covering the financial commitments related to the design and construction of Platte River Bridge at the Englewood Golf Course, attached as Exhibit 1. Section 2. Pursuant 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 passed on first reading on the 2nd day of October, 2006 . Publi hed as a Bill for an Ordinance on the 6th day of October, 2006 . Read by title and pa ed on final reading on the 16th day of October, 2006 . 9bl (. ' ( ~----- Published by title as Ordinance No . ___J Series of 2006, on the 20th day of October, 2006. Olga Wolosyn, Mayor ATIEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2006. Loucrishia A. Ellis ( (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 thereof remains 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 lP, Phase D, Reporting Category 6121, Contract Encumbrance Number 15912, (Contract Encumbrance Amount: $129,000.00). 2 . Required approv al, 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 2 005 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 Prov isions"), 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 Improvem ent Program that h as been proposed by the State and approv ed by the Federal H i ghway A dmini stration ("FHW A"), h ereinaft er referred to as th e "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. § 101 (a), and this contract provides for the perfonnance by the Local Agency of a project for an eligible Transportation Enhancement Activity. 5. Pursuant to § 43-1-223, C.R.S. and to applicable portions of the Federal Provisions, the State is responsible for the general administration and supervision of performance of projects in the Program, including the administration offederal 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 Progran1, 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 CDOT form #463 describing the general nature of the Work. The Local Agency understands that, before the Work begins, form #463 may be revised as a result of design changes made by 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 River north of Oxford Avenue 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 A gency can more advantageously perform the Work. THE PARTIES N OW AGREE THAT : Section 1. Scope of W ork The Project or the Work under this contract shall consist of constructing a bicycle and pedestrian bridge across the Platte River north of Oxford A venue and constructing a bicycle path that will connect the newly constructed bri d ge to th e Mary Carter Greenway, in Eng lewood, Colorado, as more specifically described in Exhibit A. Section 2. Ord er of Prec ed ence 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 adv ance payment prov isions 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 th e Proj ec t , including for the d e si gn work, shall be on a reimbursement basis , as described below. A. Pursu ant to F H W A 's approval under 23 U.S .C. § 13 3(e)(3 )(B), th e State w ill provi d 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. 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 d escribed herein. 2 . the Local Agency shall submit th e fo ll owing to the State r epresentative id e ntified 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 an d 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 ho w ever 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. 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 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 exceeding the maximum total amount described in E xhib it C. T he applicable principles described in T itle 49, Code of Federal Reg ulati ons , P art 18 (t he "Common Rule"), S ubpart C ("Financial A d ministration"), 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 ance with th e provisi ons of Ex hib it C and wi th th e terms and conditions of the contract. 2. necessary fo r accom pl ishment o f th e Wo rk. 3 . reasonable in amount for the goods and services provided. 4. actual net cost to the Local Agency (i.e., the price paid minus any refunds, rebates, or other items of value received by the Local Agency that have the effect ofreducing the cost actually incurred). 5 . incurred for Work performed subsequent to the effective date of this contract. Page 4 of 18 .. ) ( 6 . 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 fo llow s : 1. U pon receipt of each bill from the State, the Local Agency will remit to the State the amount b illed no later than 45 days after rec eipt of each bill. Should the Local Agency fail to pay moneys due the State within 45 days of demand or within suc h other p erio d 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 fun ds, until the State is reim bursed, sh all b e payable from the State Highway Suppl ementary Fund ( 400). 2 . If the Local Agency fails to make timely payment to the State as requ ired by th is section (within 45 days after the date of each bill), the Local Agency shall p ay interest to the State at a rate of one percent per month on the amount o f th e payment whic h was not made in a timely manner, unti l the billing is paid in full . The interest sha ll 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. Design [ if applicable] 1. If the W ork includes p rel iminary design or final design (th e "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. perform or p ro vid e the Plans, to the extent required by the nature of the Work. b . prep are fin al d esign (C onstru cti on Plans) in accord with the req ui r ements o f the latest ed ition o f th e American Association of State Highway Transp ortation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by CDOT. c. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local Agency specifications if approved by CDOT. Page 6 of 18 ( ( d. e. f . g. h. 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. stamp the Plans produced by a Colorado Registered Professional Engineer. provide final assembly of Plans and contract documents . be responsible for the Plans being accurate and complete . 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 involv ed in the cost of such work to be done by a consultant, that consultant contract (and the performance/provision of th e Plans under the contract) must comply with all applicable requirementc; o f 23 CFR Part 172 and with any procedures implementing those requirements as provided by the State, including those in Exhibit H attached hereto. If the Local Agency does enter into a contract with a consultant for the Work: ( 1) it shall submit a certification that procurement of any design consultant contract complied with the requirements of23 CFR 172 .S(d) prior to entering into contract. The State shall either approve or deny such procurement. If denied, the Local Agency may not enter into the contract. (2 ) it shall ensure that all changes in the consultant contract have prior approval by the State and FHW A. Such changes in th e 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 sh all require th at all cons ultant bill ings und er th at contract shall comply with the State's stan dardized b ill ing fo rm at. Examples of the billing formats are available from the COOT Agreements Office. (4) it (or its consultant) shall use the COOT procedures described in Exhibit H to administer that design consultant subcontract, to comply with 23 CFR 172 .S(b) and (d). (5) it may expedite any COOT approval of its procurement process and/or Page 7 of 18 ) consultant contract by submitting a letter to CDOT from the certifying Local , Agency's attorney/authorized representative certifying compliance w ith Exhibit Hand 23 CFR l 72.5(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." -Y (e} "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 provi sions 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 th e Work includes construction , the responsible party shall perform the construction in acc ordance wi th th e appro ve d des ign plans an d/or administer the con stru ction all in accord with the Local Age ncy Contract Adm inistration C hecklist. Su ch administrati on shall include project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing contractor claims; construction supervision ; and meeting the Quality Control requirements of the FHW A/CDOT Stewardship Agreement, as described in the Local Agency Contract Administration Checklist. 2 . The State shall have the authority to suspend the Work, wholly or in part , by giving written notice thereof to the Local Agency, due to the failure of the Local Agency or its contractor to correct project co nditions which 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) (2) (3) 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). 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 . by indicating its concurrence in such award, the Local Agency, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the Work under this project if no additional federal-aid funds will be made available for the project. This paragraph also applies to projects advertised and awarded by the State . c. If all or part of the construction work is to be accomplished by Local Agency personnel (i .e. by force account), rather than by a competitive bidding process, the Local Agency will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635, Subpart B, Force Account C onstru ction . (1) Such work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency, the State and FHW A in advance of the Work, as provided for in 23 CFR 635 .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, regu lations , CDOT policies and procedures, 49 CFR Part 24, the government wide Uniform Act regu lat ion, th e FHWA Project Dev elopment Guide and CDOT's Right of Way Operations Manual. Allocation of Responsibilities can b e as follows: • Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities, if any, an d right of way inci dentals (expenses incidental to ac q uisition/re locati on of ri ght of way -3 114 charges); • Federal partici p ation in right o f w ay ac qui si tion (3 11 1 charges), rel ocati on (3109 charges) b ut no partici p ati on in inci denta l ex p en ses (3 114 charges); or • No federa l participation in right of way ac quisiti on (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 each 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/DevelopProj ects/Desi gnS upport . 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 cf·R 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 Local Agency shall p erfo rm all Work in accord ance with th e requ irements of the curren t federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable . Section 11. Mai nte n ance Ob ligat ion s The Local Agency will maintain and operate the impro vement s con structed un der this contract at its own cost and expense during their useful life, in a manner satisfacto ry to the State an d FHW A. The Local Agency will make proper provisions for such maintenance ob ligations each year. Such maintenance and operations shall be conducted in accordance wit h all app licabl e statutes, ordinances and regulations which define the Local Agency's obligations to maintain 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 FHWA to inspect the project and to inspect, review and audit the project records. Section 14. Termination Provisions This contract may be terminated as follo w s: 'A. Termination for Convenience. The State may terminate this contract at any time the State d etermines 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 o f termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination . B Section b : Term ination 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 vi olate any of the covenants , agreements, or stipulations of this contract, the State shall thereupon have the right to terminate th is co ntract fo r cause b y givi n g written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by th e Local Agency under this contract shall, at the op tion of the State, become its prop ert y, an d the Local Agency sh all b e entitled to receive just and equitable com p ensation for any services and supplies delivered and accep ted. The Local Agency shall be obligated to return any payments advanced under the provisions of this contract. Notwithstanding the above, the Local Agency shall not be relieved ofliability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the 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 warrants that such person(s) has full authorization to execute this contract. Section 16. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 6, 2000 South Holly Street, Denver, Colorado 80222. Said Region Director will also be responsible for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the Work . All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State's Transportation Region 6 and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below . Either party may from time to time designate in writing new or substitute representatives . If to State: Carol Anderson CDOT Region 6 Project Manager 2000 South Holly Street Denver, Colorado 80222 (303) 744-0512 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, such in validity or failure shall not affect the validity 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 . E ntire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. 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. The funding letter shall not be deemed valid until it shall have been approv ed 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 A g ency desires to use its own DBE program to implement and administer the DBE provisions of 49 CF R Part 26 under this contract, it must submit a copy of its program's requirements to the State for review and approv al before th e execution of this contract. If the Local Agency uses its program for this contract, th e Local A g ency shall b e solely res ponsi ble t o d efend th at DBE pro gram and its use o f 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. Sec tion 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 of receipt 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 of law in connection with decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question oflaw. Section 28. Single Audit Act Amendment All state and local government and non-profit organization Sub-Grantees receiving more than $500,000 from all funding sources, that are defined as federal financial assistance for Single Audit Act Amendment purposes, shall comply with the audit requirements of 0MB Circular A-133 (Audits of States, Local Governments and Non-Profit Organizations) see also, 49 CFR 18.20 through 18.26. The Single Audit Act Amendment requirements that apply to Sub-Grantees receiving federal funds are as follows: 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 specifi 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 c 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 is tant as he may designate . 2. FUND AVAILABI LI TY . CRS 24-30-202 (5 .5) Financial obligat ions of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwis e made available . 3. INDEMNIF ICATION . To the extent authorized by law, the Contractor shall Indemnify, save, and hold harmless the State , Its employees and agents, aga inst any and all claims, damages, liability and court awards Incl ud ing costs, expenses, and attomey fees Incurred as a result of any act or om ission by the Contractor, or Its employees, agents, subcontractors, or assignees pursuant to the terms of this contract . No term or cond ition 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 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 AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE . CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS , LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS ' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR , ITS EMPLOYEES AND AGENTS . 5. NON-DISCRIMINATION . The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discri mination and unfair employment practices. ";HOICE OF LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied In the Interpretation, executi on , and enforcement of this contract. Any provision of this contract, whether or not Incorporated here in by reference, which provides for arbitration by any extra-Judicial body or person or which Is otherwise in conmct with said laws, rules, and regulations shall be considered null and void . Nothing contained In any provision Incorporated herein by reference which purports to negate this or any other special provision In whole or In part shall be valid or enforceable or available In any action at law whether by way of complaint, defense, or otherwise . Any provision rendered null and void by the operation of this provisi on will not Invalidate the remainder of this contract to the extent that the contract is capable of execution . At all times during the performance of th is 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 PROHIBITION Governor's Executive Order D 002 00 No State or other public funds payable under this Contract shall be used for the acqu isit ion, operation, or ma intenance of computer software In violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the term of this Contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such Im proper use of public funds . If the State determines that the Contractor Is In violation of this paragraph , the State may exercise any remedy ava ila ble at law or equity or under this Contract, Includ i ng , without limitation, Immediate termination of the Contract and any remedy cons istent with United States copyright laws or applicable lice nsing 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 beneficial Interest whatsoever In the serv ice or property described herein . G. ILLEGAL ALIENS -PUBLIC CONTRACTS FOR SERVICES . CRS 8·17.5-101 and Publ ic Law 208 , 104" Congress , as amended and expanded In Publ ic Law 156, 108" Congress, as amended The Contractor certifies that the Contractor shall comply with the provisions of CRS 8 -17 .5·101 et seq . The Contractor shall not know i ngly employ or contract with an Illegal alien to perform work under this contract or enter Into I contract w ith a subcontractor that know in gly employs or contracts w ith an Illegal ali en . The Contractor r ep resents, warrants, and agrees that It (1) has verified that It does not employ any Ill egal ali ens, through partici pation In the Bas ic PIiot Employment Verification Program adm inistered by the Social Security Adm inistration and Department of Homeland Security, or (II) otherwise will comply with the requirements of CRS 8 ·17.5·101(2)(b)(I). The Contractor shall comply w ith 111 reasonable requests made In the course of an In vesti gation by the Colorado Department of Labor and Employment. If the Contractor falls to comply with any requirement of this prov ision or CRS 8 -17 .5·101 et seq ., the State may terminate this contract for breach and the Contractor shall be liable for actual and cons equential damages to the State . A Contractor that operates as a sole proprietor hereby swears or affirms under penalty of perjury that the Contractor (1) Is a ci t iz en of the United States or otherwise lawfully present In the Un ited States pursuant to federal law, (11 ) shall comply with the provisions of CRS 2'4 · 76 .5· 101 et seq, and (111) shall produce one of the fonms u r ,u ,1t,rk at,011 ,.,quh "d b y CRS 24 ·76 .5·103 prior t o t h• err, llvt d1t1 uf l hl Con tr1ct . Ex ept wh re xe m pled by fed rat law and except as wovided in CRS 24 · 76 .5· 103(3), 1 Contractor that rece ives federal or state funds under th s contract must conflnm that any Individual natural person eighteen years of age or older Is awfully prese.,t In the Un ited States pursuant to CRS 2'4 ·76 .5·103('4) If such Individual applies for public benefits provided under this contract. Efl'tctlve Datt of Special Provisions : August 7, 2006 P e 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/C ity/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 Cont roller approve all state contracts . This contract is not valid until the State Controller, or such ass istant as he may delegate , has signed it. The contractor is not author ized to beg in performance until the contract is signed and dated below . If performance beg ins pr ior to the date below , the State of Colorado may not be obligated to pay fo r the goods and /or serv ices prov ided . STATE CONTROLLER: 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: I 5912 STIP number: DR6838 ( DESIGN DATA Revise Date : Project number: STE M395-013 PE Pro eel Code PE Proiect Number -, ••etrlc 0 Engllsh Revision#: I --1 Region : 06 Status : e preliminary 0 final Q revised Prepared by: Revised by : Project description: PLATTE RIVER:ENGL WO GOLFCOURSE Dave Henderson County1 : Arapahoe lcounty2: leounty3: Date: 07/20/2006 Date: Municipality: Englewood Submitted by Proj .Mgr Approved by Preconstruction Engineer: System code : Other Federal-Aid Highway ,~" -~ :AN.PE~Oltl:!2M .. : Oversight: Full Oversight (Non-NHS) Date: 07/25/2006 Planned length : Geographic location : Platte River approximately 400 feet N. of Oxford. Terrain type : 0 Level 0 Plains Q Rolling e 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. II Traffic (Note: use columns A, B, and/or C to identify facility described below) Current year: --Future year: --Facility location Facility ADT DHV DHV %trucks ADT DHV industrial !Commercial I Residential I Other A u I D I D I u B D I D I D I D C I I u I D I D I D -'1wyClaH Route Refpt Endrefpt Functional claHificatlon Facility type Rural code ' 1. 999 Local Not Roadway Not Roadway ( 2. 3. II Design Standards (Id ~ntify substandard items with a checkma A= in 1st column and clarify in remarks) 8= 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 D Shoulder wd rt/outside D Side slope dist. ("z") D Median width D Posted speed D Design speed D Ma>t . superelevat ion D Min. radius [ 1 Min . horizontal ssd l ] Min . vertical ssd [ ·1 Max . grade [ J Project under Q 1 R Q 3R Q 4R e Other: criteria Existing guardrail meets current standards : Q Yes Q No V::iri:m cc In minimum design st:ind(lrds required Q Yes • No C Safety project Comments : R Justification attached R Request to be submitted Not all standards Bridge (see item 4) See remarks addrHsed I l Stage construction Resurfacing projects [ l Recommendations concerning safety aspects attached CDOT fonn #413 12/2003 1 of 2 Exhibit A Page2 Project Code : 15912 I Project Number: STE M395-013 I Revise Date : a Major StructurH ~=to ata~. R"1o be removed , P=11roe5!sed new structure I Standard Structure Horizontal Vertical Year c::,,,.,.1,JrA 1njj I Lenath Ref. Point Feature Intersected Width Rdwy Load Clearance Clearance Built Proposed treatment of bridges to remain in place (address bridge rail, capacity, and allowable surface thickness) 1:1 Project Characteristics (proposed) Median type : Q depressed Q painted 0 ra ised e none ~ Lighting -Handicap ramps Traffic control signals I !Striping Curb and gutter Curb only Left-tum slots I I continuous width= Sidewalk width = ./ Blkeway width = 10' Right-tum slots I I continuous width= Parking lane width = Detours Signing : 1./ I construction 1./l permanent Landscape requirements: (description) Other: (description) Restore existing ml Right of Way Yes No Est. No . II UtllltlH (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 In access : 0 • Changes to connecting roads : 0 • 1:11 Railroad crossings # of crossings : Agreements Railroad Name required Present protection Condition of x'i ngs 1 D 2 D 3 D 4 D Recommendations : IEJEnvl ronmental Type : CE Programmatic Categorical Exclusion #: 23 CFR 771 .117 paragraph (c) (3) 128 Initiation Date : 08/11/2006 Rev ision Date : Clearance Action Date : Comments : ~ Coordination Withdrawn lands (power sites , reservoirs , etc.) cleared through BLM forest service office I 1mgatlon ditch name: [ J New traffic ordinance requ ired I I Modify schedule of existing ordinance I Municipality: Other: W Construction method noAdReason : 0 Design O Local FIA Dave Henderson Advertis ed by: 0 State Q P.O . Q RRF/A Entity/Agency contact name : • Loc:i l Q Stu dy Q Utill tyF/A Phone number: 303 -762-2506 Q None Q CDOTF/A Q Ml1cellaneou1 W Remarks (In cl ude add itional pages If needed) Orig i nal to: Central !Ilea Cop lea to : Reg ion Ftle , Region Environmenta l Program M1nager, Staff ROW , Staff Bridge or other 2 of 2 n approp,llte Exhlb t A ( LOCAL AGENCY ORDINANCE or RESOLUTION Exhibit B ( 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 . Fe d eral Fund s Budg eted (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 PURPOS ES Total Encumbrance Am o unt $103,200 .00 divided by 80%) $129,000.00 Less ROW Acqu isition 3111 and/or ROW Relocat ion 3109 $0 .00 Net to be encumbered as follows : $129 ,000 .00 Design 2312 1P 3020 $129 ,000 .00 Const 2312 1P 3301 $0 .00 Exhibit C -Page 1 of 2 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 parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from federal and/or state and/or Local Agency sources, as applicable . Should these sources, either federal or Local Agency, fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, provided that any party terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination . E hibit -P 2of2 A15 12 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 Ft:1.1eral 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 E hibit D -P ge 1 of 1 DISADVANTAGED BUSINESS ENTERPRISE (DBE) SECTION 1. Policy. Exhibit E It is the policy of the Colorado Department of Transportation (CDOT) that disadvantaged business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement, pursuant to 49 CFR Part 23. Consequently, the 49 CFR Part IE DBE requirements the Colorado Department of Transportation DBE Program (or a Local Agency DBE Program approved in advance by the State) apply to this agreement. SECTION 2. DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all participants or contractors shall take all necessary and reasonable steps in accordance with the COOT DBE program ( or a Local Agency DBE Program approved in advance by the State) to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts . Recipients and their contractors shall not discriminate on the basis ofrace, color, national origin, or sex in the award and performance of CDOT assisted contracts. SECTION 3 DBE Program . The contractor (subrecipient) shall be responsible for obtaining the Disadvantaged Business Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall comply with the applicable provisions of the program. (If applicable). A copy of the DBE Program is available from and will be mailed to the contractor upon request: Business Programs Office Colorado Department of Transportation 4201 East Arkansas A v enue , Room 2 87 Denver, Colorado 80222-3400 Phone: (303) 757-9234 revised 1/22/98 Required by 49 CFR Part 23 .41 E hibit E -Page I of 1 Exhibit F l")LORADO DEPARTMENT OF TRANSPORTATION CONTRACT AUTHORITY: '- ")ING INCREASE/DECREASE AND APPROVAL LETTER Region : State Controller Policy letter on June 12, 1996 plete 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 (Region 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) ReQion # (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) '· 1al contract amount Has a Budget Request been processed to cover the contract amount increase? $ \' 0) ves no (14) Previous Funding Letter(s) total Preparer's name (1 5) S (11) (Funding lttter #1 thru #__) PHONE NO : This Funding Letter total Contract Administrator's/Business Manager's Approval s (12) (16) (#__J 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 Indirect chgs Adjusted contract amount plus total CE & indirect _CE pool elig. (19) S (19) S (19) charges calculat i on S (19) reviewed the financial status of the project, organization, grant and have determ i ned that sufficient funds are available "" ,1er th is i ncrease, effective as of (19) State Controller or Delegee Date (20) (20) Exhibit F -P g 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 )LORADO DEPARTMENT OF TRANSPORTATION ._ocAL 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 w ill be performed by Headquarters staff will be indicated . The Regions, in accordance with established policies and ,cedures, will determine who will perform all other tasks that are the responsibility of CDOT. 1 .. ,e checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation with the Local Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the CDOT Resident Engineer, in cooperation with the Local Agency Project Manager, will prepare and distribute a revised checklist. RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA COOT TIP / STIP AND LONG-RANGE PLANS 2-1 Review to ensure consistency with STIP and amendments thereto X FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4-1 Authorize funding by phases (COOT Fom, 418 -Federal-aid Program Data . Requ ires FHWA X concurrence/involvement) PROJECT DEVELOPMENT 5-1 Preoare Desian Data -CDOT Form 463 X X 5-2 Preoare Local Aaencv/CDOT Inter-Governmental Aareement (see also Chaoter 3) X 5-3 Conduct consultant selection/execute aareement X 5-4 Conduct Design Scoping Review meeting X 5-5 Conduct public involvement X 5-6 Conduct Field lnsoection Review X X 5-7 Conduct environmental processes (may reauire FHWA concurrence/involvement) X X 5-8 Acquire right-of-way (may require FHWA concurrence /i nvolvement) 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 • i::.13 Document desion exceptions -CDOT Form 464 X 4 I ,5 Prepare plans , specifications and construction cost estimates X Ensure authorization of funds X COOT Form 1243 07/02 Page1 of 4 Previous editions are obsolete and 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 CDOT 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 7-2 Advertise for bids 7-4 Review worksite and plan details with prospective bidders while project Is under advertisement 7-5 0 en bids 7-6 Process bids for com liance Check CDOT Form 715 -Certificate of Proposed Underutilized DBE Participation when the low bidder meets UDBE oals Evaluate CDOT 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 DBE oals ij Submit re uired documentation for CDOT award concurrence 7-7 Concurrence from COOT to award CONSTRUCTION MANAGEMENT Issue Notice to Proceed to the Contractor Conduct conferences : Preconstruction Ap endix B Presurvey • Construction staking • Monumentation A Professional Engineer (PE) reg istered in Colorado, who will be "In responsible charge of cons truction supervision .· TBD !Con ultantl Local Agency Profess ional Engineer or , CDOT Res ident En in er Phone numb r RESPONSIBLE PARTY LA COOT X X X X X 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 Page2 of 4 Prev ou ed l on re ob ole and may not ti. u ed Exhibit G RESPONSIBLE .0. DESCRIPTION OF TASK PARTY LA COOT Provide competent, experienced staff who will ensure the Contract work is constructed in accordance with the plans and specifications X Construction inspection and documentation X 8-5 Aoorove shop drawings X 8-6 Perform traffic control insoections X 8-7 Perform construction survevina X 8-8 Monument riaht-of-way X 8-9 Prepare and approve interim and final Contractor pay estimates X Provide the name and phone number of the person authorized for this task . Lar~ Nimmo 303-762-2504 Local Aoencv Representative Phone number 8-10 Preoare and annrove interim and final utility/railroad billinas X 8-11 Prepare Local Aoency reimbursement reauests X 8-12 Preoare and authorize chance orders X 8-13 Approve all chanae orders X X 8-14 Monitor oroiect financial status X 8-15 Prepare and submit monthly prooress reports X 8-16 Resolve Contractor claims/disoutes X 8-17 Conduct routine, random project reviews Provide the name and phone number of the person responsible for this task. X Ton:r: Gross 303-972-9112 COOT Resident Enaineer Phone number MATERIALS 9-1 9-2 9 -3 9 -4 9-5 9-6 9-7 9-8 I -q 0 Conduct Materials Preconstruction meetina X COOT Form 250 -Materials Documentation Record • Generate form , which includes determining the minimum number of required tests and X applicable material submittals for all materials placed on the project X • Update the form as work progresses X • Complete and distribute form after work is completed Perform project acceotance samples and tests X Perform laboratory verification tests X A ccept 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 bearina devices Annrove so u rces of mate rials X Independent Assura nce Testi ng (IAT), Local Agency Pro cedures D COOT Procedures 181 • Generate IAT schedule X • Schedule and provide notification X • Conduct IAT X Approve mix designs X • Concrete X • Hot bituminous oavement X Check final materials documentation X Comolete and distribute final materials documentation X COOT Form 1243 07/02 Pagel of 4 Previous ed Il ona are obsolete and may not be uHd Exhibit G CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE 10-1 Fulfill oroiect bulletin board and oreconstruction oacket reQuirements 10-2 COOT Form 205 -Sublet Permit Application Review and sign completed COOT Form 205 for each subcontractor, and submit to EEO/Civil Riahts Soecialist 10-3 Conduct employee interviews. Complete COOT Form 280 -Equal Employment Opportunity and Labor Compliance Verification 10-4 Monitor Disadvantaged Business Enterprise participation to ensure compliance with the "commercially useful function" reauirements 10-5 Conduct trainee interviews. Complete COOT Form 200 -OJT Training Questionnaire when project utilizes on-the-job trainees 10-6 Check certified oavrolls (Contact the Reaion EEO/Civil Rights Soecialists for trainina reauirements .) 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 oroiect acceptance letter Advertise for final settlement Preoare and distribute final As-Constructed plans Check final auantities final elans and the final oav estimate Check material documentation and submit final material certification (see Chaoter 9) Obtain COOT Form 17 -Contractor DBE Payment Certification from the Contactor and submit to the Resident Enaineer Process final oayment Obtain FHWA Form 47 -Statement of Materials and Labor Used ... from the Contractor Complete and submit COOT Form 950 -Project Closure Retain oroject records for six vears from date of oroiect closure Retain final version of this checklist and distribute cooies cc: COOT Resident Engineer/Project Manager COOT Region Program Engineer COOT Region EEO/Civil Rights Specialist COOT Region Materials Engineer COOT Contracts and Market Analysis Branch Local Agency Project Manager X X X X X X X X X X X X X X X X X X X X COOT Form 1243 07/02 P•il. of 4 Prevlou, edition, are ob1olete and may not be uMd Exhibit H THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL-AID PROJECT AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded local agency project agreement administered by CDOT that involves professional consultant services . 23 CFR 172 and 23 CFR 172( d) state that, "When federal-aid highway funds partic ipate 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.l 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 Jaws described in the Procedural Directive and the guidebook are quite lengthy, the subsequent steps serve as a short-hand guide to COOT procedures that a local agency must follow in obtaining professional consultant services . This guidance follows the format of 23 CFR 172. The steps are : 1. The contracting local agency shall document the need for obtaining professional services. 2. Prior to sol icitation fo r consultant services, the contrac tin g local agenc y shall develop a detailed scope of work and a list of evaluation fac tors 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 minirnurn 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 service s should include th e scope of work, the evaluation factors and their relativ e importance , the method of payment, and the goal of ten percent ( l 0%) Disadvantaged Business Enterprise (DB E) parti cipation as a min imum for th e proj ec t. 5 . The anal ysis and se lection of th e cons ultants should be d one in accordance with C .R.S . 24-3 0-1403. Thi s section of the regu lati on identifies the criteria to be use d in the eva luati on of COOT pre-qualified prime consu ltants and their team. It also shows which criteria are used to short-list and to make a final selection. The short-list is based on the following evaluation factors : a . Qualifications , b . Approach to the project, c . Ability to furnish professional services . d. Anticipated design concepts , and e . Alternative methods of approach for furnishing the professional services . Evaluation factors for final selection are the consultant's : a . Abilities of their personnel, b . Past performance, c . Willingness to meet the time and budget requirement, d . Location, 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 1 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 CDOT form is available) on the consultant. 8. Each of the steps listed above is to be documented in accordance with the provisions of 49 CFR 18.42, which provide for records to be kept at least three (3) years from the date that the local agency submits its final expenditure report. Records of projects under litigation shall be kept at least three (3) years after the case has been settled. The C .R.S . 24-30-1401 through 24-30-1408, 23 CFRPart 172, and P.D . 400.1, provide additional details for complying with the eight (8) steps just discussed. Exhibit H -Page 2 of 2 l Exhibit I FHWA-1273 Electronic versi on -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 organ ization and with the ass istance 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 conta i ned in these Requ ired Contract Provisions , and further requ ire their inclusion i n any lower tier subcontract or purchase order that may in tum be made . The Required Contract Provi- sions shall not be incorporated by reference in any case . The pri me contractor shall be respons ible for compliance by any subcontractor or lower ti er subcontractor with these Requ ired Contract Provisions . 3. A b re ach of any of th e sti pulation s conta ined in these Required Contract Provisions s hall be sufficient ground s 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 Vof these Required Contract Provisions shall not be subject to the general disputes cla use 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 CF R 5 , 6 , and 7. D isputes within the meaning of th is clause include d isputes between the contractor (or any of ill 1ubcontractors) and the contracting agency , the DOL, or the .::on tractor'1 employees or their repreHntatJve1 . 6. S1l1ctlon of Labor : During the performance of this con - tract, the contractor shall not: a. d iscriminate aga inst 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 . 11. 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 mug.) 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 opera ti ng poli cy the following statemen t: ·11 is the pol icy of th is Company to assu re tha t appli cants are em ployed , and th at em ployee s are treated during emp loy- 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 respon1lbUity 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 10. 3 . DlaNmlnatlon of Poffcy. All members of the contractor's staff who are authorized to h ire , 1upervlse, promote , and discharge employees , or who recommend such action , or who are substantially involved In such action , will be made fully cognizant Exhibit I -Pagel of 9 of, and will implement, the contractor's EEO policy and contractual 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 Opportunity Employer.• All such advertisements will be placed in publications having a large circulation among minority groups In the area from which the project work force would normally be derived . a. The contractor will, unless precluded by a valid bargain- ing agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group 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 provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions . (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities 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 administered, and personnel actions of every type , Incl uding hiring, upgrading, 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 w ill conduct periodic Inspections of proJect sites to Insure that work ing conditions and employee fa c1l1tie1 do not In dicate d is criminatory treatment of project site personnel. b . The contractor will periodically evaluate the spread of wages paid within each cla111ficatlon to determ ine any evidence of Exhibit I discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination . Where evidence is found, the contractor will promptly take corrective action . If the review indicates that the discrimination may extend beyond the actions reviewed , such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with 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 training programs, i.e ., apprenticeship; and on-the-Job training programs for the geographical area of contract performance . Where feasible , 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. 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 applicants for employment of available training programs and entrance requirements for each . d . The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees lo apply for such training 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 unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either d irectly or through a contractor's association acting as agent will include the procedures set forth below: a . The contractor will use best efforts to develop, in cooperation with the unions , joint training programs aimed toward qualifying more minority group members and women for membership In the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b . The contractor will use best efforts to incorporate an EEO clause Into each union agreement to the end that such union will be contract•Jally bound to refer applicants without regard to their race , color, religion , sex, national origin, age or disability. c . The contractor la to obtain Information as to the referral practices and policies of the labor union except that to the extent such information la within the exclusive po1ae11ion of the labor union and such labor union refuses to furnish such Information to the contractor, the contractor shall so certify to the SHA end shall set forth what efforts have been made to obtain such nformatlon . d . In the ev nt the union la unable to provide the contractor Exhibit I -Page 2 of 9 RE UIRED BY 23 crR )3 ,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 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 his/her EEO obligations under this contract. b . Disadvantaged business enterprises {DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters Into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among the ir employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c . The contractor will use his best efforts to ensure subcon- tractor compliance with their EEO obligations. 9. Records and Reports : The contractor shall keep such records as necessary to document compliance with the EEO requ irements. Such records shall be retained for a period of three years following completion of the contract work and shall be ava ilable at reasonable limes and places for inspection by autho- rized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the fo ll owing: (1) The number of minority and non-minority group members and women employed in each work classification on the p roject: (2) The progress and efforts being made in cooperati on with unions, when appli cable , to i ncrease employment opportun i- ties for minorities and women; (3) The progress and efforts being made in localing, hiring, training, qualifying , and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors o r subcontractors with meaningful minority and female rep resenta ti o n among th eir employees . b . The contractors will submit an annual report to the SHA each July for the duration of the project, in d icating the number of minority, women, and non-minority group employees currently engaged in each work cJasslflcatlon requi red by the contract work . This information Is to be reported on Form FHWA-1391 . If on-the Job training Is being required by special provision, the contractor viii be required to collect and report training data . 111 . NONSEGREGATE D FAC ILITIES (Applicable to all Federal -aid construction contracts and to all Exhibit I related subcontracts of $10,000 or more .) a . By submission of th is bid, the execution of this contract or subcontract, or the consummation of this material supply agree- mentor purchase order, as appropriate, the b idder, 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 the ir services at any location , under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract . The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b . As used in this certification , the term "segregated facilities " means any waiting rooms, work areas , restrooms and washrooms , restaurants and 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 retain such certifications In its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2 ,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors , which are exempt.) 1. General: a . 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 regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U .S .C . 276c)J the full amounts of wages and bona fide fringe benefits (or cash equ ivalents thereof) due at ti me of payment. The payment shall be computed at wage rates not less than those conta ined in the wage dete rm i nation of the Secretary of Labor (herein afte r "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 su bcontractors and such laborers and mechanics . The wage determination (Including any additional classifications and wage rates confo rmed under paragraph 2 of this Section IV and the DO L poster {WH-132 1) or Form FHWA-1 4 95) shall be posted at all times by the contractor and its subcontractors at the si te of the work in a prominent and acceulble place where it ca n be easily seen by the workers. For the purpose of this Section, contribution s made or costs reasonably anticipated for bona fid e fringe benefits under Section 1{b)(2) of the Davis-Bacon A ct (40 U .S.C . 2761) on behalf of laborers or mechanics are considered wages pai d to such laborers or mechanics, subject to the provi- sions of Section IV, paragraph 3b, hefeof. Also, for the purpose of this Section, regular contnbutions made or ex>sts inalrred for more than a weekly period {bu1 not less often than quarterly) under plans, funds, or programs, which cover the partlcular weekly period, are deemed to be constructively made or incurred during such weekly period . Such laborers and mechanics shall be paid the appropriate wage rate and fringe beneflts on the wage Exhibit I -Page 3 of 9 REQUIREO BY 23 CY R 633.102 determination for the classification of work actually performed, without regard to skill , except as provided in paragraphs 4 and 5 of th is Section IV. b . Laborers or mechanics performing work in more than one class ification 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 class ification In which work is performed . c. All rulings and interpretations of the Davis-Bacon Act and related acts conta ined in 29 CFR 1, 3, and 5 are here in incorpo- rated by reference in th is contract. 2 . Classification : a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract , which is not listed In the wage determination , shall be classified in conformance with the wage determination. b . The contracting officer shall approve an additional class ification, wage rate and fringe benefits only when the following criteria have been met: ( 1) the work to be performed by the additional class ification requested is not performed by a classification in the wage determination ; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate , including any bona fide fringe benefits , bears a reasonable relationsh ip to the wage rates conta ined in the wage determination ; and (4) w ith respect to helpers , when such a class ificati on prevails in the area in which the work is performed . c . If the contractor or subcontractors , as appropriate , the laborers and mechanics (if known) to be employed in the add ition- al class ifi cation or thei r representatives , and the contracting officer agree on the classification and wage rate (includ i ng the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Admin istrator of the Wage and Hou r Division , Employment Stan - dards Adm i nistration , Washington , D .C . 20210. The Wage and Hour Ad mi n istrator, or an authorized representative , will approve , modify, or d is approve every add itional cl ass ifi ca ti on acti on w ithin 30 days of recei pt and so advi se the contracti ng officer o r will notify the co ntracti ng officer within the 30-day 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 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, incl ud i ng the views of all interested parties and the recommenda- tion of the contracti ng officer, to the Wage and Hour Administrator for determination . Said Admin i strator, or an authorized represen- tative , will issue a determination w ithin 30 days of receipt and so advise 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 shall be paid to all workers performing work In the additional class ification 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 i cs Includes a fringe benefit which Is not expressed as an hour1y rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fri nge 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 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 as ide 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 predeterm ined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program reg istered with the DOL, Employment and Train i ng Administration, Bureau of Apprenticeship and Training , or with a State apprenticeship agency recognized by the Bureau , or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program , who is not ind ividually registered in the program , but who has been certified by the Bureau of Apprenticesh ip and Trai n ing or a State apprenti ceshi p agency (where appropriate) to be eligible 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 i n the wage determina- tion fo r the classification of work actually performed . In additi on , any apprentice performing work on the j ob site i n excess of the ratio perm itted under the reg istered program shall be pa id not less than the appl icable wage rate on the wage determi nati on for th e work actua lly pe rformed . W here a contracto r or subcontractor is performing co nstruction on a proj ect in a lo cali ty othe r tha n th at in which its program is registe red , the ratio s and wage rate s (ex- pressed in percentages of the journeyman-level h ourly rate) specified in the contractor's or subcontractor's registered program shall be observed . (3) Every apprentice must be pa id at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the Journeyman-level hourly rate specified in the applicable wage determination . Apprentices shall be paid fringe benefits in accordance with the provisions of the 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 1ubcontractor will no longer be permitted to utilize apprentices at le11 than the applicable predeterm ned rate for the E hibit I -Page 4 of 9 RE Ul R!O BY 2 3 CR 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 wh i ch case such trainees shall receive the same fringe benefits as apprentices . (4) In the event the Employment and Training Administration withdraws approval of a tra ining program , the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predeterm ined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determin ation o r is approved pursuant to the conformance procedure set forth in Section IV .2. Any worker listed on a payroll al a helper wage rate, who is not a helper under a approved definition , shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually per- formed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal- aid highway construction programs are not subject to the require- ments of paragraph 4 of th is Section IV . The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs . The ratio of apprentic- es and trainees to journeymen shall not be greater than permitted by the terms of the particular program . 6 . Withholding : The SHA shall upon Its own action or upon written request of an authorized representative of the DOL withhold , or cause to be withhe ld . 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 requ i red 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 offunds until such violations have ceased . 7 . Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen , or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman , or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages ; Liqu idated Damages : In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition , such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages . Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman , or guard employed in violation of the clause set forth in paragraph 7 , in the sum of $10 for each calendar day on which such employee was required or 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 Damage1 : The SHA shall upon its own action or upon written request of any authorized representative of the DOL w ithhold, or cause to be withheld , from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above . V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2 ,000 and to all related subcontracts, except for project1 located on roadways classified as local roads or rural collectors , which are exempt.) 1. Compliance with Copeland Regulatlon1 (21 CFR 3): The contractor shall comply with the Copeland Regulatlona of the Secretary of Labor which are herein incorporated by reference . 2. Payroll• and Payroll Records: Exhibit I -Page 5 of 9 REQUIRED BY 23 CFR 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 1lte of the work. b . The payroll records shall contain the name, social aecurlty 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 engineer a payroll of wages paid each of its employees (including apprentices , trainees, and helpers, described in Section IV, para- graphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V . This information may be submitted in any form desired. Optional Form WH-34 7 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S . Government Printing Office, Washington, D.C . 20402. The prime contractor is responsible for the submis- sion of copies of payrolls by all subcontractors. d . Each payroll submitted shall be accompanied 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 this Section V and that such Information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and tra inee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or Indirectly from the full wages earned, other than 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 equivalent for the classification of worked performed, as specified In the applicable wage determination incorporated Into the contract. e . The weekly subm iss ion of a properly executed certifica- tion set forth on the reverse side of Optional Form WH -347 shall Exhibit I satisfy the requirement for 1ubml11ion of the "Statement of Compliance• required by paragraph 2d of thl1 Section V . f . The falslficatlon of any of the above certifications may subject the contractor to clvll or crlmlnel proaecution under 18 U .S.C . 1001 and 31 U .S .C . 231. g. The contractor or subcontractor 1hell make the records required under paragraph 2b of thl1 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 falls to submit the required records or to make them available, the SHA, the FHW A, 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 .1 2. 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 beautifi cation 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 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 contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization• ahall be conatrued to lndude 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 doe1 not Include employee, or equipment of a aubcontractor, a11lgnee . or agent of the prime contractor. b . "Speclalty Item,• ahall be conatrued to be limited to work that requlrea h ghly apeclallzed knowledge, abllltlea , or Exhibit I -Page 6 of 9 R QUIRED BY 23 CF R 633 ,102 ( equipment not ord inarily available In the type or contracting organizations qualified and expected to bid on the contract II a whole and in general are to be lim ited to minor componentl or the overall contract. 2. The contract amount upon wh ich the requirements aet forth in paragraph 1 of Secti on VII Is computed Includes the coat or 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, haa full authority to direct performance of the work in accordance with the contract requ irements , and is in charge of all construction operations (regardless or who performs the work) and (b) such other or 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 or 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 conta ins 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 prov ide all safeguards , safety devices and protective equipment and take any other needed actions as It determ ines , or as the SHA contracti ng 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 cond ition of th is contract, and shall be made a cond ition of each subcontract, which the contractor enters into pursuant to th is contract , that the contractor and any subcontractor shall not perm it any employee , in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determ ined under cons truction safety and health standards (29 CFR 1926) promulgated by the Secre tary of Labor, In accordance with Section 107 of the Con tract Work Hou rs and Safety Standards Act (40 u.s.c. 333). 3. Pursuant to 29 CFR 1926.3, It is a con dition or 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 ST ATEME NT S CONC ERNING HIGHWAY PR OJ ECTS In order to assure h gh quality and durable con1tructlon In conform ity with approv d plan, and 1peclflcatlon1 and a high degree of reliability on 1tatement1 and repreaentaUon1 made by eng ineer,. contractor,. 1uppller1, and workera on Federal-aid highway project,, It 11 e11entlal that all peraon1 concerned wtth the project perform th r function, 11 carefully, thoroughly, and 'ioneatly II po11ible . Willful fal1iflcaUon , dl1tortlon , or ml1repre- • ntatlon with reapect to any fact, related to the project 11 a v olatlon of Federal law. To prevent any ml1underatandlng r g rd Ing the 1erio u1ne11 of theH and 1imllar acts , the following notice 1hall be po1t d on each Federal -aid highway project (23 Exhibit I CFR 635) In one or more places where It is readily available to all per son s concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U .S .C . 1020 reads as follows : "Whoever, being an officer, agent. or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm , or corporation, knowingly makes any false statement, false representation , or false 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 subm ission of this bid or the execution or 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 Ai r Act , as amended (42 U .S .C . 1857 fil~ .. as amended by Pub .L. 91-604), and under the Federal Water Pollution Control Act , as amended (33 U .S .C . 1251 fil~ .. as amended by Pub .L. 92-500), Executive Order 11738, and regu lati on s In impl ementati o n 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 re quirements of Section 1 14 of the Clean Air Act and Section 308 of the Fe deral Water Pollu ti o n Contro l Act and all regulations and guidelines listed there under. 3 . That the firm shall promptly notify the SHA of the receipt of any communication from the Directo r, Office of Federal A ctivities, EPA, Indicating that a facility that is or will be utilized for the contract 11 under consi derati on to be listed on the EPA List of Violating Facilities . '4 . That the firm agrees to include or cause to be included the requirements or paragraph 1 through 4 of this Section X In every nonexempt 1ubcontract, and further agrees to take.. such action as the government may direct as a means of enforcing such requirements . Exhibit I -Page 7 of 9 RE QUIRE D 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 carinot 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 ," "inel igible ," "lower tier covered transaction ," "participant ," "person," "primary covered transaction ." "principal," "proposal ." and "voluntarily excluded ," as used in this clause , have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining 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 In to any lower tier covered transaction with a person who is debarred , suspended , declared ineligible , or voluntarily excluded from participation in this covered transacti on , 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, Suspension , Ineligibility and Voluntary Exclusion-Lower Tier 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 certification of a prospective participant In a lower tier covered transaction that is not debarred, suspended , ineligible . or volun- tarily excluded from the covered tran saction , unless It knows that the certificat ion is erroneous . A participant may decide the method and frequency by wh ic h it determ ines the eligibility 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 Non procurement Programs• (Nonprocure- ment Lis t) wh ic h is complied by the General Serv ices Adm inis tration . 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 obtain ing , attempting to obtain, or perform ing 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, falsifi cation or destruction of records, making false statements , or receiving stolen property; c . Are not presently indicted for or otherwise criminally or civ illy charged by a governmental entity (Federal , State or local) with commission of any of the offenses enumerated in paragraph 1 b of this certification ; and d . Have not within a 3-year period preceding th is application /proposal had one or more publ ic transactions (Federal , State or local) term inated for cause or default. 2 . Where the prospective primary partici pan t Is unable to certify to any of the statements in this certification , such prospective partici pant 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 provid ing the certification set out below. b . The certification In th is 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 partici pant knowin gly rendered an erroneous certlflcat on , In addition to other remedies available to the Federal Govemm nt , the department , or agency w ith wh ich th is transaction orig inated may pursue available remed ies, Includ ing suspens on and/or debarment. E hibit I -Page of 9 RE U1REO Y 23 CFR 633 .102 ( c . The prospective lower tier participant shall provide irimediate written notice to the person to which thi s propoaa l la submitted if at any time the prospective lower Iler participant learns that its certification was erroneous by reason of ch ang ed circumstances . d . The terms "covered transaction." "debarred ." "suspended," "ineligible." "primary covered tran11ctlon." "participant." "person ." "principal." "proposal ." and "volunta ri ly excluded." as used In this clause, have the mean ing, aet out In the Definitions and Coverage sections of rules Implementing Executive Order 12549. You may contact the person to wh ich th la proposal is submitted for assistance in obtaining a copy of tho ae regulations . e . The prospective lower tier participant agreea by submitting this proposal that, should the propoaed covered transaction be entered into , it shall not knowingly enter into any lower tier covered transaction with a person who la debarred , suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction , unle11 authorized by the department or agency with which this transaction originated . f . The prospective lower tier participant further agreea by submitting this proposal that it will include thia clauae titled "Certification Regarding Debarment, Suspension , Ineligibility and Voluntary Exclusion -Lower Tier Covered Tran11ctlon." without modification , in all lower tier covered tran11ction1 and in all solicitations for lower tier covered transaction,. g . A participant in a covered tra n11ction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred , su spended, ineligible , or ·volun - tarily excluded from the covered tran11ction, unleH it knows that the certification is erroneous. A participant may decide the method and frequency by wh ich It determine, th e eligibility of its principals . Eaclh pa rticipant m ay, but la not requ ired to , check the Nonprocurement List . h . Nothing contained in th e fo regoing shall be con strued lo require establishment of a ayatem of records in order to render in good faith the certification requ ired by thi s dauH . The knowledge and information of participant 11 not requ ired to exceed that which is normally po11e11ed by a prudent person in the ordinary courae of business dealings . I. Except for tran11ction1 authori zed under paragraph e of these instructions , If a parti cipant In a covered transaction knowingly enters into a lowe r tier cove red transacti on with a pe rson who is suspended , debarred, Ine ligible , or voluntaril y ex cluded from part icipa ti on in th is tra nsaction , In addition to other remedies available to the Federal Government , the departme nt or agency with which this transaction originated may pursue available remedies , including su1pen1ion and/or debarment. Certification Regard in g Deba rment , Su 1pen1ion , lnelig l b liity a nd Vol untary Exclualon-l.ower T ier Covere d Tran11 ction1 : 1. The prospective lower tier participant certifies , by submission of th ia proposal , that neither ii nor its prlnclpal1 la presently debarr d , 1u1pended, proposed for debarment, declared lnelig ble , or voluntarily excluded from participation in this trans ction by any Federal department or agency. 2. Wh r the prospective lower tier participant Is unable to c rtlfy to any of the 1tatement1 In th is certification, such prospec- tiv partic p nt shall attach an explanation to th is 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 pai d, 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 Congren, 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 th is transaction was made or entered into . Submission of th is certification is a prerequisite for making or entering into th is transaction imposed by 31 U .S.C. 1352 . Any person who fails to file the required certification shall be subject to a civil pena lty of not less than $1 O ,000 and not more than S 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. Exhibi t 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 COOT approval of changes to any subcontracts in the manner, and to the extent required by, applicable provisions of section 18.30; 3 . the Local Agency/Contractor shall comply with section 18 .37 concerning any subgrants; 4. to expedite any COOT 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 l 8.36(i) (which are also deemed incorporated herein) into any subcontract(s) for such services as terms and conditions of those subcontracts. B . Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as supplemented in 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. S e ctions 103 and 107 o f the Contract Work Hours and Safety Standards Act (40 U .S .C . 327-3 30) as supplemented by Department of Labor regulations (2 9 C FR Part 5). (Construction contracts awarded by grantees and s ub grantees in excess of $2,000, and in excess o f $2,500 for other contracts wh i ch in v olve the e mployment of mechanics or laborers). F . Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U .S .C. l 857(h), section 508 of the Clean Water Act (33 U .S .C . 1368). Executive Order 11738, and Environmental Protection Agency regulations ( 40 CFR Part 15) ( contracts, subcontracts, and sub grants of amounts in excess of$ I 00,000). G . Mandatory standards and policies relati n g to en ergy efficien cy wh ich are contain e d in th e s tate energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P ub. L. 94-163). H . Office of Management and Budget Circulars A-87 , A-21 or A-122, and A-102 or A-110, whichever is appli cable . I. The Hatch Act (5 USC 1501 -1508) and Public Law 95-454 Section 4 728 . These statutes state that federal E hibit J -Page 1 of 3 Exhibit J funds cannot be used for partisan political purposes of any kind by any person or organi zation 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, 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 6 3 3 , concerning "Required Contract Provisions for Federal-Aid Construction Contracts". Q. 2 3 C.F.R. Part 6 3 5 , concerning "Construction and Maintenance Provisions". R. Title VI of the Civil R i ghts Act of 1964 and 16 2(a) of the Federal Aid Highway Act of 1973. The requirements for wh ich are shown in the Nondiscrimination Provisions, which are attached hereto and made a part hereof. S . N ondiscrimination Provisions: In co mpli an ce wi th Titl e V I o f the Civi l R ights A ct of 1964 and wi th Section 162 (a) of the Federal Ai d Highway A ct of 1973, th e Con tr actor, fo r itself, its assignees and s uccessor s in in terest , agree as follo ws: 1. Compliance with Regulations. Th e Contractor will com p ly with th e R egulations of the D epartment of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49 , Code of Federal Regulations, Part 21, hereinafterreferred 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 h andicap or national origin in the selection and retention of Subcontractors, including procurement of materials and l eases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21 .5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix C of the Regulations . 3 . Solicitation for Subcontracts. Including Procurement of Materials and Equipment. In all solicitations Exhibit J -Page 2 of 3 C Exhibit J either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or physical handicap or national origin. 4. Information and Reports. The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State or the FHW A to be pertinent to ascertain compliance with .such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHW A as appropriate and shall set forth what efforts have been made to obtain the information . 5. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it or the FHW A may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or; b. Cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The Contractor will include the provisions of paragraphs A through Fin every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State or the FHW A may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interest of the State and in addition, the Contractor may request the FHW A to enter into such litigation to protect the interests of the United States. Exhibit J -Page 3 of 3 ( ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER WOODWARD 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 PLAITE 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 betw een motor vehicles and trail users; and WHEREAS , a proposed project will install a new bridge south of the existing bridge exclusiv ely for trail users ; and WHEREAS , th e Denver Regi onal Counci l of Governments (DRCOGT) accepts appl ications from lo cal go vernments fo r projects to be considered fo r federal funding in cooperation with the Colorado Department of Transportation (C OOT) and is charged with preparation of the Transportation Improvement Program (TIP); and WHEREAS , TIP priorit izes regional projects for Federal Transportation Funds available through the "Safe Accountable Flexible Efficient Transportation Equity Act-Legacy for Users" (SAFTEA-LU); and WHEREAS, Englewood appl ied for thi s "Enhancement" project in 2005 and is hopeful the Platte River/Dartmouth b ri dge will be fund ed fo r design in FY 2007 and construction in FY 200 8. 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 Intergovernmental Agreement with COOT entitled "Transportation Enhancement Contract", covering the financial 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 City 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 3. The Mayor and the City Clerk are hereby authorized to sign and attest said Intergovernmental Contract on behalf of the City of Englewood. 2006. Introduced, read in full, and passed on first reading on the 200 day of October, 2006 . Published as a Bill for an Ordinance on the 6th day of October, 2006. Read by title and passed on final reading on the 16th day of October, 2006. Published by title as Ordinance No. ___, Series of 2006, on the 20th day of October, 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 the Ordinance passed on final reading and published by title as Ordinance No. ___, Series of 2006. Loucrishia A. Ellis (FMLAWRK) PROJECT STE M395-012, (15911) REGION 6 (JH) TRANSPORTATION ENHANCEMENT CONTRACT Rev 10/03 07HA6 00035 CMS ID 07-061 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 1 P, 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 h ereinafter as the "Federal Provisions"), certain federal funds hav e been and will in the future be allocated for transportation projects requested by Local Agencies and eligible under the Surface Tran sportation Improv ement Program that has been proposed by the State and approv ed by the Federal Highway Administration ("FHW A "), herei nafter 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 app licable portions of the Federal Provisions, the State is responsible for the general administration and supervision of performance of projects in the Program, including the administration of federal funds for a Program project performed by a Local Agency under a contract with the State. 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 River on the south side of Dartmouth A venue 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 Lo c al A gency can more advantageously perform the Work. TH E PARTIE S NOW A GRE E T HAT: Section 1. Scope of Work The Project or the Work under this contract shall consist of constructing a bike and pedesttian bridge across the Platte River on the south side of Dartmouth Avenue and a 300 foot bike path connecting Little Dry Creek and Mary Carter Greenway Bike Paths, in Englewood, Colorado, as more specifically described in Exhibit A. Secti o n 2. O rder of P reced ence 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 E xhibit 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 adv ance payment prov isions described herein shall apply only to a percentage of the construction work portion of an enhancem ent p roject, as described below . Paym ent for all other work portions o f th e P roj ec t , incl ud ing for the d esign wo rk , sh all b e on a r eimbursement basis , as described b elo w. A. Pursuant to FHWA's approval under 23 U.S.C. § 133(e)(3)(B ), the State will p rovi de 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 ofthis 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 B. C. 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. Except as provided in A. above, the State will reimburse the Local Agency for the federal-aid share of the project design, and other work following the State's review and approval of such charges, subject to the terms and conditions of this contract. The Local Agency will prepare and submit to the State monthly charges for costs incurred relative to the design, and work portions of the project. Provided, however, that charges incurred by the Local Agency prior to the date of FHW A authorization for the project and prior to the date this contract is executed by the State Controller or his designee will not be charged by the Local Agency to the project, and will not be reimbursed by the State, absent specific FHW A and/or State Controller approval thereof. The State will reimburse the Local Agency's reasonable, allocable, allowable costs of performance of the Work, not exceeding the maximum total amount described in Exhibit C . The appl icabl e principles described in Title 4 9 , C ode of Fed eral R egulation s, P art 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 accordance with the provisions of Exhibit C and with the terms and conditions of the contract. 2 . necessary for accomplishment of the Work. 3 . reasonable in amount for the goods and services provided. 4 . actual net cost to the Local Agency (i.e., the price paid minus any refunds, rebates, or other items of value received by the Local Agency that have the effect ofreducing the cost actually incurred). 5 . incurred for Work performed subsequent to the effective date of this contract. P gc 4 of 18 , ( D. 6. 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. 1. All allowable costs charged to the project, including any approved services contributed by the Local Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in detail the nature of the charges. 2. Any check or order drawn up by the Local Agency, including any item which is or will be chargeable against the project account shall be drawn up only in accordance with a properly signed voucher then on file in the office of the Local Agency, which will detail the purpose for which said check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents shall be clearly identified, readily accessible, and to the extent feasible, kept separate and apart from all other such documents. E. Upon execution of this contract the State is authorized, in its discretion, to perform any necessary administrative support services pursuant to this contract. These services may be performed prior to and in preparation for any conditions or requirements of this contract, including prior FHW A approval of project work. The Local Agency understands and agrees that the State may perform such services, and that payment for such services shall be at no cost to the State but shall be as provided in Exhibit C . At the request of the Local Agency, the State shall also provide other assistance pursuant to this contract as may be agreed in writing. In the event that federal -aid project funds remain available for payment, the Local Agency understands and agrees the costs of any such services and assistance shall be paid to the State from project funds at the applicable rate . However, in the event that such funding is not made available or is withdrawn for this contract, or if the Local Agency terminates this contract prior to project approv al or completion for any reason, then all actual incurred costs of such services and assistance provided by the State shall be the sole expense of the Local Agency. F . If the Local Agency is to be billed for COOT incurred direct costs, the billing procedure shall be as follows : 1. U pon r ece ip t o f each bill fro m the State, the Local Agency will remit to the State the amount bill ed no later than 45 days after receipt of each bill . Should the Local Agency fail to pay moneys d ue th e State within 4 5 days o f d emand o r w ithin 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. Inte1im 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 prelim inary design or fina l design (the "Construction Plans"), or d esign w ork sh eets, or sp eci a l provision s and esti mates ( coll ectively r eferred to as th e "Plans"), th e 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 ed ition of the American Association of State Highway Transportation O fficia ls (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by COO T. 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 llrder to prevent any interference of the construction work and to protect the traveling public. Page 6 of 18 ( ( e. f. g. h. ---- stamp the Plans produced by a Colorado Registered Professional Engineer. provide final assembly of Plans and contract documents. be responsible for the Plans being accurate and complete. 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 of23 CFR 172.S(d) prior to entering into contract. The State shall either approve or deny such procurement. If denied, the Local Agency may not enter into the contract. (2) it shall ensure that all changes in the consultant contract have prior approval by the State and FHW A . Such changes in the contract shall be by w ri tten supplement agreement. As soon as the contract with the consultant h as been awarded b y the Local Agency, one copy of th e executed contract shall be submitted to the State. Any amendments to such contract shall also be sub mitted. (3) it shall require that all consultant b illin gs under that contract shall c omply with th e State's standard ized billing fo rmat. Examples of the b illing fo rmats are av ailabl e fr om th e COOT A greem ents O ffice . (4) it (or its consultant) sh all use th e CDOT procedures described in Exhibit H to administer that design consult ant sub contract, to comply with 23 CFR 172 .S(b) an d (d). (5) it may expedite any COOT 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 18.36(i) and contains the following language verbatim: (a) "The design work under this contract shall be compatible with the requiremer. · 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 with the approved design plans and/or administer the construction all in accord with the Local Agency Contract Administration Checklist. Such administration shall include project inspection and testing ; approving sources of materials ; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing contractor claims; construction supervision; and meeting the Quality Control requirements of the FHW A/COOT Stewardship Agreement, as described in the Local Agency Contract Administration Checklist. 2. The State shall have the authority to suspend the Work, wholly or in part, by giving written notice thereof to the Local Agency, due to the failure of the Local Agency or its contractor to correct project conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. Page 8 of 18 3 . If the Local Agency is the responsible party: a . it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (LAPE), to perform that administration. The LAPE shall administer the project in accordance with this contract, the requirements of the construction contract and appl icable 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 CFRParts 633 and 635 and C .R .S. § 24-92-101 et seq. Those requirements include, without limitation, that the Local Agency/contractor shall incorporate Form 1273 (Exhibit I) in its entirety verbatim into any subcontract(s) for those services as terms and conditions therefore, as required by 23 CFR 633.102(e). (2) the Local Agency has the option to accept or reject the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declare the acceptance or rejection within 3 working days after said bids are publicly opened. (3) by indicating its concurrence in such award, the Local Agency, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the Work under this project if no additional federal-aid funds will be made available for the project. This paragraph also applies to projects advertised and awarded by the State . c . If all or part of the construction work is to be accomplished by Local Agency p ersonn el (i.e. b y force account), rather than b y a competitive b iddi ng pro cess, the Local Agency will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635, Subpart B, Force Account Construction. (1) Such work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency, the State and FHWA in advance of the Work, as provided for in 23 CFR 635 .204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. (2) An alternative to the above is that the Local Agency may agree to participate in the Work based on actual costs of labor, equipment rental , materials supplies and supervision necessary to complete the P ge9 o f l8 C ,/ _..D . 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 acti v ity. 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 acti v ities must comply with all federal and state statutes, re gulations , CDOT policies and procedures, 49 CFR Part 24, the government wide Uniform Act re gu lation , the FHWA Project Development Guide and CDOT's Right of Way Operations Manual. A ll ocati on of Responsibilities can b e as follo ws: • 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 A gen y 's and the State's responsibilities for each option is specifically set forth in CDOT's Right of Way Operation Manual. The manual 1s located at http://www .dot .state.co . us /Develop Projects/Desi gnSupport. Page 10 of 18 Section 8. Utilities If necessary, the R es ponsible 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 adv ertised 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 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 improv ements in the event of abandonment or elimination o f 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 A gency shall p erform all Wor k in accordance with the requirements of the current fe d eral and state envi ronm ental r egulati ons in cl uding the N ational En vi ronmental Policy Act of 1969 (NEPA) as applicabl e. Section 11. Maintenance Obligations The Local Agency will maintain and operate the improvements constructed under this contract at its own cost and expense during their useful life, in a manner satisfactory to the State 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 applicable statutes, ordinances and regulations which define the Local Agency 's obligations to maintain such improvements . The State and FHWA will make periodic inspections of the project to verify that such improvements are bein g adequately maintained . P ge 1 1 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 Conv enience . 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 b e fore 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 obli gations under this contract, or if the Local Agency shall v iolate any of th e covenants , a greements, or stipulations of th is contract, the S tate shall thereupon h av e the ri ght to te rminate this contract for cause by givi ng written notice to the Local Agency o f its intent to term inate an d at least ten ( 10 ) days opport un ity to cure the defaul t or sh ow cause why termi nati on is o th erwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this contract. Notwithstanding the above, the Local Agency shall not be relieved 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 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 l S. 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 w ith the Local Agency through the State's Region Director, Region 6 , 2000 South Holly Street, Denver, Colorado 80222 . Said Region Director will also be responsible for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the Work. All communications relating to the day-to-day activities for the work shall be ex changed 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 sub sti tute r epresentati ves . Ifto State: Carol Anderson COOT Region 6 Project Manager 2000 South Holly Street Denver, Colorado 80222 (303) 744-0512 Section 17. Successors If to the Local Agency: Dave Henderson City of Englewood Public Works 1000 Englewood Parkway Englewood, Colorado 80110 (303) 762-2506 Except as h erei n 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 enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 19. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act,§ 24-10-101, et seq ., C.R.S., as now or hereafter amended . The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of§ 24-10 -101, et seq., C.R.S., as now or hereafter amended and the risk management statutes,§§ 24-30-1501, et seq., C.R.S., as now or hereafter amended. Section 20. Severability To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 21. Waiver The w ai v er of any breach of a term , provision, or requirement of this contract shall not be construed or d eem ed as a w ai ver of an y sub sequent breach of such term, provi sion, or requirement , or of any oth er term , provi sion or requ irem en t. Section 22. Entire Un d e rstand in g 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 sub sequent 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. Secti o n 23. S u rviva l of Contract Term s Not, ithstanding anything herein to the contrary, the parties understand and agree that all terms and condi tions of this contract and the exhibits and attachments hereto which may require continued Page 14ofl8 ) l 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. The funding letter shall not be deemed valid until it shall have been approved by the State Controller or his designee. Section 26. Disadvantaged Business Enterprise (DBE) ( The Local Agency will comply with all requirements of Exhibit E and the Local Agency Contract Administration Checklist regarding DBE requirements for the Work, except that if the Local Agency desires to use its own DBE program to implement and administer the DBE provisions of 49 CFR Part 26 under this contract, it must submit a copy of its program's requirements to the State for review and approval before the execution of this contract. If the Local Agency uses its program for this contract, the Local Agency shall be solely responsible to defend that DBE program and its use of that program against all legal and other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation, determinations concerning DBE eligibility requirements and certification, adequate legal and factual bases for DBE goals and good faith efforts . State approv al (if prov ided) of the Local Agency's DBE program does not waive or modify the sole re sponsib i lity o f the Loca l A gency fo r its u se as descri b ed abo v e . Section 27. Di spu tes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not d isposed ofb y agreement will b e deci ded by the Chief Engin eer of the Department of Transp ortati o n. Th e decision of the Chief Engi n eer w ill b e fi nal an d conclusive unless, with in 30 calendar d ays after th e d ate of recei pt of a copy of such written d ecision , the Local Agency mails or otherwise furnishes to the State a written ap p eal addressed to the Executive D irector of the Department of Transportation. In connection with any appeal p roceed ing un der this c lause, 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 perforn1ance of the contract in accordance with the Chief Engineer's decision . The decision of the Page 15 of 18 Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Section 28. Single Audit Act Amendment All state and local government and non-profit organization Sub-Grantees receiving more than $500,000 from all funding sources, that are defined as federal financial assistance for Single Audit Act Amendment purposes, shall comply with the audit requirements of 0MB Circular A-133 (Audits of States, Local Governments and Non-Profit Organizations) see also, 49 CFR 18.20 through 18.26. The Single Audit Act Amendment requirements that apply to Sub-Grantees receiving federal funds are as follows: a) If the Sub-Grantee expends less than $500,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. b) If the Sub-Grantee expends more than $500,000 in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the "financial" procedures and processes for this program area. c) If the Sub-Grantee expends more than $500,000 in Federal funds, and the Federal funds are from multiple sources (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 or the State or Colorado or such ass istant as he may designate. 2. FUND AVAILABILITY . CRS 24-30-202 (5 .5) Financial obligations or the State or Colorado payable after the current fiscal year are contingent upon funds for that purpose be ing appropriated , budgeted, and otherwise made available . 3. INDEMNIFICATION . To the extent authorized by law, the Contractor shall Indemn ify , save, and hold harmless the State , Its employees and agents, aga inst any and all cla ims, damages, liability and court awards Including costs, expenses, and attorney fees Incurred as a result of any act or omission by the Contractor, or Its employees, agents, subcontractors, or assignees pursuant to the terms of this contract . No term or condition of this contract shall be construed or Interpreted as a waiver, express or Implied, of any of the Immunities, r ights, 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 BE 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 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 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, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES ANO AGENTS . 5. NON-DISCRIMINATION . The contractor agrees to comply with the letter and the spirit of all app li cable state and federal laws respect ing discrimination and unfai r employment practic es. ':HOICE OF LAW . The laws of the State of Colorado and rules and regulations Issued pursuant thereto shall be applied In the interpretation , execution , and enforcement of this contract. Any provision of this contract, whether or not Incorporated herein by reference, which provides for arbitration by any extra-Judicial body or person or wh ich Is otherwise In conntct with said laws , rules, and regu lations shall be considered null and void . Noth ing contained In any provision incorporated herein by reference which purports to negate this or any other special prov ision In whole or In part shall be valid or enforceable or available In any action at law whether by way of complaint, defense, or otherwise . Any provision rendered null and vo id by the ope r ation of this provision will not Invalidate the rema inder or this contract to the extent that the contract is capable of execution . At all t imes during the performance of th is contract, the Contractor shall strictly adhere to all appl ica ble federal and State laws , rules, and regulations that have been or may hereafter be established. 7. SOFTWARE PIRAC Y PROHIBITION Govemofa Execut ive Order D 002 00 No State or other public funds payable under th is Contract shall be used for the acqu isit ion , operation , or maintenance of computer software In v ,•latlon of United States copyright laws or applicable licensin g re strictions . The Contractor hereby certifies that, for the term of th is Contract and any extensions, the Contractor has In p lace appropriate systems and controls to preven t such improper use of public funds . If the State determ in es that the Contractor 1s In violation of th is paragraph, the State may exercise any remedy ava ilable at law or equity or under this Contract, Including, without lim itation . 1!:"",onediate termination of the Contract and any remedy consi stent w ith Un ited States copyright laws or applicable lice ns in g 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 beneficial Interest whatsoever In the service or property described herein . 9. ILLEGAL ALIENS -PUBLIC CONTRACTS FOR SERVICES . CRS 8-17 .5-101 and Public Law 208 , 104" Congre11 , ea amended and expanded In Public Law 156, 108" Congre11 , as amended The Contractor certifies that the Contractor shall comply with the provisions or CRS 8·17 .5·101 et seq . The Contractor shall not knowingly employ or contract with an Illegal alien to perform work under this contract or enter Into a contract with a subcontractor that knowingly employs or contracts w ith an Illegal al ien. The Contractor represents, warrants, and agrees that It (I) has verified that It does not employ any Illegal aliens, through partici pation In the Bas ic PIiot Employment Verification Program admin istered by the Social Security Administration and Department or Homeland Security, or (11) otherwise will comply with the requ i rements of CRS 8·17 .5·101(2)(b)(I). The Contractor shall comply with 111 reasonable requests made In the course of an In vest igat ion by the Colorado Department of Labor and Employment. If the Contractor falls to comply with any requirement or th is provision or CRS 8·17 .5·101 et seq ., the State may term lnatl! this contract for breach and the Contractor shall be liable for actual and consequential damages to the State . A Contractor that operates as a sole proprietor hereby swears or affirms under penalty or perjury that the Contractor (I) Is I citizen or the United States or otherwise lawfully present In the Un ited States pursuant to federal law, (II) shall comply with the prov isions or CRS 24 ·76 .5· 101 et seq, and (Ill) shall produce one of the forms of ldent1ficat1 0 ~ req uired by CRS 24 · 76 .5-103 prior to the effective date or this Contract . except where exempted by federal law and except as provided In CRS 24 · 76 .5· 103(3), a Contractor that recei ves federal or state funds under th is contract must confirm that 1ny lndlvldu1I natural person eighteen years or age or older Is awfully present In the Un ited States pursuant to CRS 24 -76 .5-103(4) If such Individual applies for publ c benefits prov ided under this contract . Effective D1te or Spec ial Provis ions : August 7, 2006 Page 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 A TIORNEY GENERAL Attest (Seal) BY---,,-----,,,--,-----,,,,--...,,,.,.....,.,,.-__,,..,.....,.,... (Corporate Secretary or Equivalent , or Town/C ity/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 ass istant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance beg ins prior to the date below , the State of Colorado may not be obl igated to pay for the goods and/or services provided . STATE CONTROLLER: LESLIE M . SHENEFEL T By _______________ _ Date _______________ _ Effective Date : August 1, 2005 Page 18 of 18 Colorado Department of Transportation Ori gin Date : 07 /25 /2006 Project code : 15911 STIP number: DR6838 DESIGN DATA Revise Date : Project number: STE M395-012 --, PE Proiect Code PE Proiect Number ·~etrlc ~English Revision#: -1--.~-1 Region : 06 Status :. e preliminary 0 final 0 rev ised 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 A~ERSQ'$.G~~. Oversight: Full Oversight (Non-NHS) Date : 07 /25 /2006 Planned length : 0 .1 Geograph ic location: Platte R iver appro x imately 50 feet south of Dartmouth A v e. Terrain type : 0 Level 0 Plains 0 Rolling e Urban 0 Mountainous Description of proposed construction/improvement (attach map showing site location) Construct B i ke/Ped bridge across the Platte Riv er on the South side of Dartmouth A ve and 300' of concrete bike paths w ith curb ramps connecting Little Dry Creek & Mary Carter Greenway Bike Paths. Project also provides bike racks and lockers. II Traffic (Note : use columns A, B, and/or C to identify facility described below) Current year: --Future year: --F acilitv location Facility ADT DHV DHV % trucka ADT DHV Industrial !Commercial I Resident ial I Othe r A D I u I u I LJ B D I D I D I D C D I D I D I D ...._'1wyClaH Route Refpt Endrefpt Functional classlflcatlon Facility type Rural code -1. 999 Local Not Roadw ay Not Roadw ay 2 . 3 . II Dealgn Standards (Id tntify substandard items with a checkmark in 1st column and clarify in remarks) A= B= C= Standard Ex isting Proposed Ultimate Standard Ex isting Proposed Ultimate Standard Existing Proposed Ultimate D Surface type Typ ical section type D # of travel lanes D Width of travel lanes D Sh oulder wd . 11./med ian D Shoulder w d rt./outsi de D Side slope dist . ("z") D Med ian width D Posted speed D Design speed D Max. superelevation D Min . radius D Min, horizontal ssd D Min. vertical ssd r 1 Max . grade r J Project und er Q 1 R Q 3R Q 4R e Other: criteria Ex isting guardrail meets current standards : Q Yes Q No Variance in minimum d esign standa rds requ ired O Ye s e No 0 Safety project Comments : ~ Justifica tion attached R Request to be subm itted Not all standards Bridge (see item 4) See remarks addressed 1 1 Stage construction Reaurfaclng projects I Recommendations concerning safety aspects attached COOT Fonn #413 12/2003 Exh ib it A Page2 Project Code : 15911 I Project Number: STE M395-012 I Revise Date: II Major Structures ~=to ata~, R•to be removed, Psero~ed new structure I Standard Structure Horizontal Vertical Year .,, ... ~, ... a ,n .. I Lenl'lth Ref. Point Feature Intersected Width Rdwv Load Clearance Clearance Bu il t Proposed treatment of bridges to rema in in place (address bridge rail , capacity , and allowable surface thickness) 11:1 Project Characteristlca (proposed) Median type : 0 depressed O pa inted 0 raised e none Lighting -Handicap ramps Traffic control signals r l Striping 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 l ~lpermanent Landscape requirements : (description) Other: (description) Restore 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 • 1:11 Railroad cro11ings # of crossings : Agreements Railroad Name required Present protection Condition of x'ings 1 D 2 D 3 LJ 4 D Re comm endations : IEJEnvlronmental Type : CE Programmatic Categorical Exclusion #: 23 CFR 771.117 paragraph (c) (3) 128 :nitiation Date :08/11 12006 Revision Date : Clearance Action Date : Comments : ~ Coordinat ion Withdrawn lands (power sites , reservoirs, etc .) cleared through BLM forest service office I irrigation ditch name : l j New traffic ordinance required I O Modify schedule of existing ordinance I Municipality: Other: ill Construction method noAdReason : Q Design O LocalF/A Entity/Agency contact name : Dave Henderson Advertised by : Q State Q P.O. Q RRF/A e Local Q Study Q Utility FIA Phone number: 303-762-2506 Q None Q CDOTFIA 0 Ml icellaneou1 W Remarka (Include additional pages If needed) Orig nal to: Central files CopiH to: Region FIIH, Region Environmental Program Manager, Starr ROW , Starr Bridge or other when appropriate Exhibit A LOCAL AGENCY ORDINANCE or RESOLUTION Exhibit B 0 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 (1 a) $73,000 .00 b. Less Estimated Federal Share of COOT-Incurred Costs (2a) $0 .00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $73,000.00 FOR COOT ENCUMBRANCE PURPOSES Total Encumbrance Amount $73 ,000 .00 divided by 80%) $91,250.00 Less ROW Acquis ition 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 2312 1P 3301 $0 .00 Exhibit C -Page 1 of 2 SAl5911 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 CDOT 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 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 . Th e parti e s h ereto agree that th is contract is contingent upon all funds designate d for the project herein being made availab le fr om fe deral and/or state an d/or Lo cal A gency source s, 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 o b ligati ons herein shall not be relieved of any ob ligations wh ich existe d prior to the effective date of such termi n ati on or wh ich may occur as a result of such termination. Exhibit C -Page 2 of2 A15911 , (_ ·- Exhibit D Certification for Federal-Aid Contracts The contractor c ertifies, by signing this contract, to the best of its knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf or the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, T itle 31 , U .S . Code. Any person who fails to file the required certification shall be subject to a civil penalty 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 63 5 .112 Exhibit D -Page I of 1 .... DISADVANTAGED BUSINESS ENTERPRISE (DBE) SECTION 1. Policy. Exhibit E It is the policy of the Colorado Department of Transportation (COOT) that disadvantaged business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement, pursuant to 49 CFR Part 23. Consequently, the 49 CFR Part IE DBE requirements the Colorado Department of Transportation DBE Program (or a Local Agency DBE Program approved in advance by the State) apply to this agreement. SECTION 2. DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all participants or contractors shall take all necessary and reasonable steps in accordance with the CDOT DBE program (or a Local Agency DBE Program approved in advance by the State) to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis ofrace, color, national origin, or sex in the award and performance of 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 Department of Transportation 420 1 East Arkans as Avenue, Room 2 87 Denver, Colorado 80222-3 4 00 Phone: (303) 757-9234 revise d 1/22/98 Required by 49 CFR Part 23 .41 Exh ibit E -Page 1 of 1 Exhibit F / ,...'lLORADO DEPARTMENT OF TRANSPORTATION CONTRACT AUTHORITY : ~ 'ING INCREASE/DECREASE AND APPROVAL LETTER Region : State Controller Policy letter on June 12, l 996 L ,lete section l 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 (Realon 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 Report i ng Catg. Proj/Sub/Phase (9) (9) (9) (9) (9) (9) (9) (9) (9) Ir ~ al contract amount Has a Budget Request been processed to cover the contract amount i ncrease ? s ,,v) yes no (14) Previous Funding Letter(s) total Preparer's name (1 5) S (11) (F undi ng letter #1 thru #__J PHONE NO : Th i s Funding Letter total Contract Admin i strator's /Business Manager's Approval s (1 2) (16) (#_} PHONE NO : Adjusted con t ract amount COOT Des ignee Approval S (1 3) (17) Local Agency approval (18) SECTIO N 2 (Controller's Office use) (19) Total allotment amount Commission budget s (19) s (19) If construction : CE charges Indirect chgs Adjusted contract amount plus total CE & indirect _CE pool elig . (19) S (19) S (19) charges calculation S (19) 'h. reviewed the financial status of the project, organization, grant and have determined that sufficient funds are available ,er this increase effective as of (19) State Controller or Delegee Date (20) (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 I Exhibit G :..ORADO 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 C ity of Englewood Dave Henderson COOT Resident Engineer COOT Project Manager Tony Gross Carol Anderson INSTRUCTIONS: This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement. The checklist becomes an attachment to the Local Agency agreement. Section numbers correspond to the applicable chapters of the COOT Local Agency Manual. The checklist shall be prepared by placi ng 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 establ ished policies and c edures, will determine who will perform all other tasks that are the responsibil ity of COOT. I , ,1e checklist shall be prepared by the COOT Resident Engineer or the COOT Project Manager, in cooperation with the Local Agency Project Manager, and submitted to the Reg ion Program Engineer. If contract administration responsibilities change , the COOT Resident Ena ineer, in coooeration with the Local Aaencv Proiect Manaaer, will oreoare and distribute a revised checklist. RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA COOT TIP/ STIP AND LONG-RANGE PLANS 2-1 Review to ensure consistencv w ith STIP and amendments thereto X FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4-1 Authorize funding by phases (COOT Form 418 -Federal-ai d Program Data . Requires FHWA X concurrence/involvement) PROJECT DEVELOPMENT 5-1 Preoare Desian Data -COOT Form 463 X X 5-2 Prepare Local AAency/CDOT Inter-Governmental AAreement (see also Chapter 3) X 5-3 Conduct consultant selection /execute agreement X 5-4 Conduct Desian Scoolna Review meeting X 5-5 Conduct oublic involvement X 5-6 Conduct Field Inspection Review X X 5-7 Conduct environmental processes (may requ ire FHWA concurrence /i nvolvement) X X 5-8 Acauire rioht-of-way (may require FHWA concurrence/involvement) X 5-9 Obtain utility and railroad aareements X 5-10 Conduct Final Office Review X X 5-1 1 Justify force account work by the Local Agency X 5-12 Justify proprietary items X ~ 13 Document desian exceolions -COOT Form 464 X t Preoare plans , specifications and construction cost estimates X ~ 15 Ensure authorization of funds X COOT Form 1243 07/02 Pagt1 of 4 Previous edition, are ob1ol1t1 and may not be u11d 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 CDOT Re ion EEO/Civil Ri hts s ecialist Determine ae_elicability of Davis-Bacon Act This project D is K 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 CDOT 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 7-4 Review worksite and plan details with prospective bidders while project is under advertisement 7-5 0 en bids 7-6 Process bids for com liance Check CDOT Form 715 -Certificate of Proposed Underutilized DBE Participation when the low bidder meets UDBE oals Evaluate CDOT 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 DBE oals Concurrence from CDOT to award A rove re ·ection of low bidder Award Contract 7-10 Provide "award" and "record" sets of CONSTRUCTION MANAGEMENT Issue Notice to Proceed to the Contractor Conduct conferences : Preconstruction A endix B Presurvey • Construction staking • Monumentatlon A Professional Engineer (PE) registered in Colorado , who will be "in responsible charge of construction supervision ." Phone number RESPONSIBLE PARTY LA COOT X X X X X 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 Page2 of 4 PntY oua ed t ona ant obaolet• and may not be uaed Exhibit G RESPONSIBLE ..), DESCRIPTION OF TASK PARTY LA COOT Provide competent, experienced staff who will ensure the Contract work is constructed in accordance with the clans and soecifications X Construction insoection and documentation X 8 -5 Aoorove shoo drawinas X 8-6 Perform traffic control insoections X 8-7 Perform construction survevina X 8-8 Monument riaht-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 this task. Lar01 Nimmo 303-762-2504 Local Aaencv Reoresentative Phone number 8-10 Preoare and annrove interim and final utilitv/railroad billinas X 8-11 Prepare Local Aaencv reimbursement reauests X 8-12 Preoare and authorize chance orders X 8-13 Approve all chanoe orders X X 8-14 Monitor project financial status X 8-15 Prepare and submit monthlv oroaress reoorts ·x 8-16 Resolve Contractor claims/disoutes X 8-17 Conduct routine, random project reviews Provide the name and phone number of the person responsible for th is 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 "I J 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 submittals for all materials placed on the project X • Update the form as work progresses X • Comolete and distribute form after work is comcleted Perform oroiect acceotance samoles and tests X Perform laboratory verification tests X A ccept ma nufactured p ro ducts 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 Approve 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 mix designs X • Concrete X • Hot bituminous oavement X Check final materials documentation X Complete and distribute final materials documentation X COOT Form 1243 OT/02 Pagel of 4 Prev lou1 ed ition, are obaolete and may not be uaed Exhibit G CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE 10-1 Fulfill oroiect bulletin board and preconstruction packet reauirements 10-2 COOT Form 205 -Sublet Permit Application Review and sign completed COOT Form 205 for each subcontractor, and submit to EEO/Civil Rlahts Specialist 10-3 Conduct employee Interviews. Complete COOT Form 280 • Equal Employment Opportunity and Labor Compliance Verification 10-4 Monitor Disadvantaged Business Enterprise participation to ensure compliance with the "commercially useful function" reauirements 10-5 Conduct trainee interviews . Complete COOT Form 200 -OJT Training Questionnaire when orolect utilizes on-the-iob trainees 10-6 Check certified payrolls (Contact the Region EEO/Civil Rights Specialists for training reaulrements .l 10-7 Submit FHWA Form 1391 • Hiahwav Construction Contractor's Annual EEO Renort 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 oroiect acceotance letter Advertise for final settlement Preoare and distribute final As-Constructed clans Check final auantltles, 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 Engineer Process final payment Obtain FHWA Form 47 -Statement of Materials and Labor Used ... Comolete and submit COOT Form 950 • Proiect Closure Retain project records for six years from date of project closure Retain final version of this checklist and distribute cooies cc: COOT Resident Engineer/Project Manager COOT Region Program Engineer COOT Region EEO/Civil Rights Specialist COOT Region Materials Engineer COOT Contracts and Market Analysis Branch Local Agency Project Manager from the Contractor X X X X X X X X X X X X X X X X X X X X COOT Form 1243 07/02 Pa~of 4 Prevloua edition• are obaolete and may not be uaed f 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 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 following state procedures when obtaining professional consultant services under a federally funded consultant contract administered by COOT. COOT has formulated its procedures in Procedural Directive (P.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 COOT procedures that a local agency must follow in obtaining professional consultant services. This guidance follows the format of 23 CFR 172. The steps are: 1. The contracting local agency shall document the need for obtaining professional services . 2 . Prior to solicitation for consultant services, the contracting local agency shall develop a detailed scope of work and a list of evaluation factors and their relative importance . The evaluation factors are those identified in C.R.S. 24-30-1403. Also, a detailed cost estimate should be prepared for use during negotiations . 3. The contracting agency must advertise for contracts in conformity with the requirements 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 relativ e 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 sel ec tion of the consultants should b e don e in ac cordance with C.R.S . 24-3 0-1403 . This section of the regulati on identifies th e criteri a to be used in the eva luation of COOT pre-qualified prime consultants and their team. It also shows which criteria are used to short-list and to make a final selection. The short-list is based on the following evaluation factors : a . Qualifications, b. Approach to the project, c . Abi lity to furnis h professional services . d . Anticipated design conce pts , and e. Alternati ve methods of ap proach for furnishing the professional services . Evaluation factors for final se lection are the consultant's : a . Abilities of their personnel , b . Pa st performance , c . Willingne s to meet the time and budget requ irement , d . Loc at ion, E hi bit H -P ge 1 of 2 ExbibitH 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 Appalach ian 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 Jssistance of workers under the contractor's immediate superin- tendence and to all work performed on the contract by piecework , station work , or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in 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 Contract Provis ions . 3. A breach of any of the sti pula ti ons contain ed in these Required C ontra ct Provisio ns shall be sufficie nt ground s fo r terminati on 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 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 i s 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 . Selectlon of Labor: During the performance of this con- tract, the contractor shall not: a. discriminate against labor from any other State, posses- sion, or territory of the United States (except for employment preference for Appalachian contracts , when applicable, as specified in Attachment A), or b . employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more .) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders , rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herei n, 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 !! .ug.) 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 Govern ment i n carrying out EEO obl iga- tions and in their review of his/her activities under the contract. b . The contractor will accept as h is operating policy the following statement: "It is the policy of this Company to assure that app licants 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 . EE O 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. Dlsaemlnatlon 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 substantially Involved in such action , wlll be made fully cogn zant 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 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 pub li c and private employee referral sources likely to yield qual ified m inority 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 cons ideration . b . In the event the contractor has a valid bargaining agree - men t p roviding for exclusive hiri ng hall referrals , he is expected to ob serve the provisions of that agreement to the extent that the sys lem permits the contractor's comp liance with EEO contract provisions . (The DOL ha s held that where Implementation of such agreements have the effect of d iscrim inatin g against m inori ties 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. Personn e l Actions: Wages , working conditions , and employee benefits shall be established and administered , and personnel actions of every type, including hiring , upgrading , promotion, transfer, demotion , layoff, and termination , shall be taken without regard to race, color, ,·elig ion , sex , national origin , age or disability. The following procedures shall be followed : a . The contractor will conduct pe ri od ic inspections of proiect s1l • to insure thal working conditions and employee r c1ht1 1 do not indica te discnmlnatory tr atment of project site personnel. b . Th contr ctor will p riod cally e eluate the spr ad of p 1d w1th1n ch claa 1ficalion to determine any evidence of Exhibit I discriminatory wage practices . c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination . Where evidence is found, the contractor will promptly take corrective action . If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons . d. The contractor will promptly Investigate all complaints of alleged discrimination made to the contractor in connection with 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 training programs , i.e ., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training . 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 applicants for employment of available training programs and entrance requirements for each . d . The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage elig ible employees to apply for such tra ining and promotion . 7 . Unions: If the contractor relies In whole or in part upon un ions as a source of employees , the contractor will use his/her best efforts to obta in the cooperation of such unions to increase opportunities for minority groups and women with in the unions , and to effect referrals by such unions of minority and female employees. Acti ons by the contractor either directly or through a contractor's associ ation acting as agent will include the procedures set fo rth bel ow: a . The contractor will use best efforts to develop, in cooperation with the unions. joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b . The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race , color , religion, sex, national origin, age or disability. c . The contractor Is to obtain Information as to the referral practices and policies of the labor union except that to the extent such information is with in the exdu11119 possession of the labor un on and such labor union refuses to furnish such nforrnation to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts ha\18 been made to obtain such nforrnalion . d . In the ev nt the union Is unable to prov de th contractor hibit I -P e 2 of 9 VIREO BY 23 CFR 33 .102 ) with a reasonable flow of minority and women referrals within the ime 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 his/her EEO obligations under this contract. b . Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to th is 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 their EEO obl igations . 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 minori ty and non-m inority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with uni ons , when a ppl icable , to increa se employment opportuni- ties for minorities and women ; (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 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-minority group employees currently engaged In each work classification required by the contrad wont . This Information is to be reported on Form FHWA-1391 . If on-the job lr ining is being required by special provision , the contractor viii be required to collect and report training data . Ill. NONSEGREGATED FACILmES (Appilcabl to II 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 consummation of th is material supply agree- mentor 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 disability. b . As used in th is 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 obta ined or w ill obta in 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 exceeding $2 ,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, wh ich 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 regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Ad (40 U .S .C . 276c)) the full amounts of wage s and bona fide fringe benefits (or cash equivalents thereof) due at ti me of payment. The payment s hall be computed at wage rates not less than th o se contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardle11 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 acce11ible 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 Ad (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 Sllction, regular contributions made or costs Incurred for more than a weekly period (but not less often than quarter1y) under plans , funds , or programs, which cover the particular weekly period , are deemed to be constructively made or Incurred during such weekly period . Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage Exhibit I -Page 3 of 9 REQUIRED BY 23 C~R 633.102 determination for the class ification of work actually performed , without regard to skill , except as provided in paragraphs 4 and 5 of th is 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 . Classification: a . The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be class ified 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 perfqrmed by a classification in the wage determination ; (2) the additiona l classification is utilized in the area by the construction industry; (3) the proposed wage rate , including any bona fide fringe benefits , bears a rea sonable rela ti onsh ip to the wage rates conta ined in the wage determ inati on ; and (4) w ith respect to helpers , when such a classification prevail s in the area in wh ich the work is performed . c . If the contractor or subcontractors, as appropri ate , the laborers and mechanics (if known) to be employed in the add ition - al class ification or their representatives , and the contracting officer agree on the classification and wage rate (incl ud ing the amou nt designated for fringe benefi ts where appropri ate), a report of the action taken shall be sent by the contracting officer to the DOL, Admini strator of the Wage a nd Hour Divi sion, Employment Stan- dards Ad ministrati on , Washingto n, D .C . 20210. The Wage and Hour Administra tor, or an authorized representati ve , will approve , modify , or disap prove every add itional cla ssifi ca ti on acti on w ithin 30 days of receipt and so advise the con tracting officer o r will notify the contracting officer within the 30-day 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 add itional 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 determ ination . Said Administrator, or an authorized represen - tative , will issue a determination within 30 days of receipt and :.o advise the contracting officer or will notify the contracting officer with in the 30-day period that additional time is necessary e. Th w ge rote (including fringe benefits where appropri- c1le) d lerrnmed pursu nl top ragraph 2c or 2d of th is Section IV sh II be paid to II workera perform ng work in the add itional cl s 1fl !Jon from the first day on wh ch work is performed In the clan1 1cat1on 3 Payment of Frln~ neflts : hibit 1 -P Exhibit I a . Whenever the min imum 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 stated 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 cons ider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fri nge 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 obl igations 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 app renticeship 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 Sta te apprenticesh ip agency (where appropriate) to be eligible for probati onary 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 perm itted to the contractor as to the entire work force under the reg istered 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- ti on for the class ification of work actually performed . In add ition , any apprentice performing work on the job site in excess of the rati o permitted under the reg istered program shall be paid not less th an the applicable wage rate on the wage determination for the wo rk actuall y performed . Where a contractor or subcontractor is pe rfo rming construction on a project in a local ity other than that in which its program is regis te red , the rati os and wage rates (ex- pressed in percentages of the journeyman-level ho urly rate) specified in the contractor's or subcontractor's registered program shall be observed . (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress , expressed as a percentage of the Journeyman-level hourly rate specified in the applicable wage determination . Apprentices shall be paid fringe benefits In accordance with the provisions of the apprenticeship program . If the apprenticeship program does not specify fringe benefits , apprentices must be paid the full amount of fringe benefits listed on the wage determi- nation for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification . fringes shall be paid In accordance with that determination . (4) In the event the Bureau of Apprenticeship and Training , or a State apprenticeship agency recognized by the Bureau , withdraws approval of an apprenticeship program , the contractor or subcontractor will no longer be permitted to utilize pprentices at I II than the applicable predeterm ned rate for the 4 of 9 RE VIREO BY 23 CFR 633 .102 comparable work performed by regular employees until an accept- 1ble 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 pa id 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 vage rate on the wage determination which provides for less than full fringe benefits for apprentices , in which case such trainees shall receive the same fringe benefits as apprentices . (4) In the event the Employment and Training 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 appl ica ble wage determination o r is approved pursuant to the conformance procedure set forth in Section IV .2 . Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition , shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually per- formed . 5 . Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs wh ich have been certified by the Secretary of Transportation as promoting EEO in connection with Federal- a id highway construction programs are not subject to the require- ments of paragraph 4 of th is Section IV . The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentic- es and trainees to journeymen shall not be greater than permitted by the terms of the particular program . 6 . Withholding : The SHA shall upon its own action or upon written request of an authori zed representative of the DOL withhold. or cause to b withheld . from the contractor 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 (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages : In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic. watchman, or guard employed in violation of the clause set forth in paragraph 7 , in the sum of $10 for each calendar day on which such employee was required or 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, o r cause to be withheld, from any mon ies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above . V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein lnOOl'pol'Bted by reference . 2 . Payrolls and Payroll Recorda : Exhibit I -Page 5 of 9 kt UIR!D BY 23 Cf'k 633 .10 2 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); dally 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 engineer a payroll of wages pa id 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, Washington, D .C. 20402 . The prime contractor is responsible for the submis- sion of copies of payrolls by all subcontractors . d . Each payroll submitted shall be accompanied by a ·statement of Compliance," signed by the contractor or subcon- tractor or h is/h er 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 in formation 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, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3 ; (3) that each laborer or mechanic has been paid not less that the appli cable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified 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• required 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 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 or· and shall permit such repre- sentatives to interview employees -~,ing 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 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 contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a . ·111 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 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 -Page 6 of 9 REQUIRED BY 23 CFR 633 .102 equipment not ordinarily available in the type of contracting ,rganizations 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 furn ish (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 th is 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 determ ines , or as the SHA ;ontracting 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 th is contract , and shall be made a cond ition of each subcontract, wh ich the contractor enters into pursuant to th is contract, that the contractor and any subcontractor shall not permit any employee , in performance of the contract, to work in surroundings or under cond itions wh ich 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 wi th 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 compl iance 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 . FALS E ST ATEMEN T S CONC ERNING HIGHWAY P ROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of rel iability on statements and representations made by engineers, contractors , suppllers , 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 ,onestly as possible . Willful falsification , distortion , or misrepre- sentation w ith respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and slmllar acts. the following notice shall be posted on each Federal•aid highway project (23 Exhibit I CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U .S .C . 1020 reads as follows : Whoever, being an officer, agent, or employee of the United States, orofsny 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 Transporlation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, cerllficate, 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 th is 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 fa ci lity that is or will be uti lized in the performance of th is contract, unless s uch contract is exempt under the Clean Air Act, as amended (42 U .S .C . 1857 mw .• as amended by Pub .L. 9 1-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 m w .,asamended 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 Fede1al 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 none,cempt 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 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 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 subm itted or has become erroneous by reason of changed circumstances . e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal ," and "voluntarily excluded," as used In this clause , have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for ass istance in obtaining a copy of those regulations . f . The prospective primary participant agrees by submitting th is proposal that, should the proposed covered transaction be entered into , it shall not knowingly enter into any lower tier covered transaction with a person who is debarred , suspended, declared ineligible, or vol untarily 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 subm itting th is proposal that It will Include the clause titled ·certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower ner Covered Transaction," prov ided 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 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 wh ich it determines the eligibility 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- ment List) wh ich is compiled by the General Services Adm inistration . 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 coul'!:e 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 pri mary participant is unable to certify to any of the statements in th is certification , such prospective participant shall attach an explanation to th is proposal. 2 . Instructions for Certification • Lower Tier Covered Transactions: (Applicable to all subcontracts , purchase orders and other lower tier transactions of $25,000 or more -49 CFR 29) a. By signing and submitting th is proposal , the prospective lower tier Is providing the certification set out below. b . The 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 addition to other remedies available to the Federal Government, the department, or agency with which th is transaction originated may pursue available remedies, Including suspension and/or debarment. Exhibit I -Page 8 of 9 REQUIRED BY 23 CFR 633 .102 c. The prospective lower tier participant shall provide mmedlate written notice to the person to which this proposal is .;ubmitted if at any time the prospective lower ti er 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 wh ich th is proposal is subm itted for assistance in obta ining a copy of those regulations . e . The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered Into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred , suspended , declared ineligible, or voluntarily excluded from participation in 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 sol icitations 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 , inelig ible , or volun- tarily excluded from the covered transaction , unless it knows that the certification is erroneous . A participant may decide the nethod and frequency by wh ich it determ ines the eligibil ity of its principals . Each participant may, but is not requ ired to , check the Nonprocurement List. h. Noth ing contained 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 th is clause . The knowledge and information of participant is not requ ired to exceed that wh ich is normally possessed by a prudent person in the ordinary course of business dealings . I. Except for transactions authorized under paragraph e of these instructions , if a participant in a covered transacti on knowingly en ters into a lower tier co vered transacti on with a person who is suspended , debarred, inelig ible , or volunta ri ly ex cluded from participation in th is transaction , in addition to other reme die s available to the Fe deral Go vernment, the department or agency with w hich this transaction originated may pursue available remedies , including suspension and/or debarment. Ce rtification Rega rding Deba rm e nt, Suspension , ln e llg lblllty a nd Voluntary Exclusion -Lower Tier Covere d Transaction s: 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 certify to any of the statements in th is certification, such prospec- tive participant shall attach an eKplanation to this proposal. Exhibit I XII . CERTIFICATION REGARDING USE OF CONTRACT FUNDS OR LOBBYING (Applicable to all Federal-aid construction contracts and to all rela ted 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 Forrn-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions . 2 . This certification is a material representation of fact upon wh ich rel iance was placed when th is transaction was made or entered into . Subm iss ion of thi s certification is a prerequ isite fo r making or entering into th is transaction imposed by 31 U.S.C . 1352 . Any person who fails to file the requ ired certification shall be subject to a civil penalty of not less than S 10,000 and not more than S 100,000 for each such failure . 3 . The prospective participant also agrees by subm itting his or her bid or proposal that he or she shall requ ire that the language of this certification be included in all lower tier subcontracts, wh ich eKceed $100,000 and that all such recipients shall certify and disclose accordingly. Exhibit I -Page 9 of 9 REQUIRED BY 23 CPR 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 : I. the Local Agency/Contractor shall follow applicable procurement procedures, as required by section 18.36(d); 2 . the Local Agency/Contractor shall request and obtain prior COOT approval of changes to any subcontracts in the manner, and to the extent required by, applicable provisions of section 18 .30; 3 . the Local Agency/Contractor shall comply with section 18 .37 concerning any subgrants ; 4 . to expedite any COOT 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)procurementprocedures, and with 18.37 subgrantprocedures, 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 Executiv e Order 11375 of October 13 , 1967 and as supplemented in Department ofLaborregulations (41 CFR Chapter 60) (All construction contracts aw arded in excess of $10 ,000 by grantees and their contractors or subgrantees). 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 Davi s-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 loc al ity of the project b y the Secretary of Labor). E. Section s 10 3 and 10 7 o f the Contract Work Hours and Safety Standards Act (40 U .S .C . 327-330) as supplemented by D epartm ent of Labor r egulati on s (2 9 C FR Part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2 ,000, and in excess of $2,5 00 for 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 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 policies relating to energy efficiency which are contained in th e state energy con ervation plan issued in compliance with the Energy Policy and Conservation Act (Pu b . 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 U C 1501-1508) and Public Law 95-454 Section 4728 . These statutes state that federal Exhibit J -Page 1 of 3 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 Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91- 646 , as amended and Public Law 100-17, 101 Stat. 246-256). (If the contractor is acquiring real property and displacing households or businesses in the performance of this contract.) M . The Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq .). N . The Age Discrimination Act of 1975, 42 U.S .C . Sections 6101 et. seq. and its implementing regulation, 45 C.F .R. Part 91; Section 504 of the Rehabilitation Act of 1973 , 29 U.S.C. 794, as amended, and implementing regulation 45 C .F .R . Part 84 . 0 . 23 C.F .R. Part 172, concerning "Administration of Engineering and Design Related Contracts". P . 23 C.F.R Part 633 , concerning "Required Contract Provisions for Federal-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 hereof. S . Nondiscrimination Provi sions: In compli ance w ith T itle VI of the C ivi l Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, th e Contractor, for it se lf, its assi gnees and successors in interest, agree as follows : 1. Compl iance with Regu lations. The Contractor will compl y with the Regulati on s of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this 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 gro und ofrace, color, sex, mental or physical h andicap or national origin in the selection and retention of Subcontractors, inc luding procuremen t of materi al s and leases of equipment. The Contractor will not participate either directly or indirectly in th e discrimination prohi b ited by Section 21 .5 of the Regulations , including employment practices when the contract covers a program set forth in A p pendix C of the Regulations . 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations Exhibit J -Page 2 of 3 Exhibit J ~ither by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or physical handicap or national origin. 4. Information and Reports. The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State or the FHW A to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHW A as appropriate and shall set forth what efforts have been made to obtain the information. 5. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it or the FHW A may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or; b. Cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The Contractor will include the provisions of paragraphs A through Fin every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State or the FHW A may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with, 1itigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interest of the State and in addition, the Contractor may request the FHW A to enter into such litigation to protect the interests of the United States . Exhibit J -Page 3 of 3 COUNCIL COMMUNICATION Date Agenda Item Subject October 16, 2006 9 Ci Resolution Approving Proposed Changes to the City of Englewood Investment Policy Initiated By Staff Source Department of Finance and Administrative Frank Gryglewicz, Director Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council discussed proposed changes to the Investment Policy at the study session held October 9, 2006. RECOMMENDED ACTION Staff recommends Council approve the changes and updates to the attached Investment Policy. The Investment Policy is applicable to the investment of all funds not immediately needed for the operating expenditures/expenses of the City, except for the Firefighters Pension Fund, the Volunteer Firefighters Fund, the Police Officers Pension Fund, and the Non-Emergency Employees Pension Fund. · FINANCIAL IMPACT There is no direct financial impact to the City from adopting the proposed changes to the Investment Policy. LIST OF ATTACHMENTS Proposed resolution Amended Investment Policy RESOLtmONNO. SERIES OF 2006 A RESOLUTION ACCEPTING CHANGES AND UPDATES TO THE CITY OF ENGLEWOOD'S INVESTMENT POLICY PER ORDINANCE 45 , SERIES OF 1995 , ADOPTED ON FINAL READING SEPTEMBER 5, 1995 . WHEREAS , by Ordinance 45 , Series of 1995 , the Director of Financial Services, ex officio City Treasurer, is empowered to invest all funds and monies not immediately needed for operating expenditures/expenses of the City except for the Firefighters Pension Fund, the Volunteer Firefighters Fund, the Police Officers Pension Fund and the Non-Emergency Employees Pension Fund and pursuant to an investment policy to be adopted by Council each year; and WHEREAS, the passage of this Resolution will authorize changes and updates to the Englewood Investment Policy; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: , Section 1. The City of Englewood Investment Policy, attached as Exhibit 1, submitted by the Director of Financial Services is hereby approved. ADOPTED AND APPROVED this 16th of October, 2006 . ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2006 . Loucrishia A. Ellis, City Clerk City of Englewood, Colorado INVESTMENT POLICY The Director of Finance and Administrat ive Services of the City of Englewood , Colorado is charged with the responsibility to prudently and properly manage any and all funds of the City . Because these funds may be called upon, it is essential that absolute maturity horizons are identifiable for the purpose of liquidity . Moreover , these funds must be fully collateralized and appropriately authorized . The following Investment Policy addresses the methods , procedures and practices which must be exercised to ensure effective and sound fiscal management. SCOPE This Investment Policy shall apply to the investment of all financial assets and all funds of the City of Englewood (hereafter referred to as the "City") over which it exercises financial control, except the City of Englewood Firefighters Pension Fund, Volunteer Firefighters Pension Fund, Police Officers Pension Fund, the Non-Emergency Employees Retirement Plan Fund and other City employee retirement plans . In order to effectively make use of the City 's cash resources, all monies shall be pooled into one investment account and accounted for separately . The investment income derived from this account shall be distributed to the various City funds in accordance with Englewood Municipal Code , 4-1-2 -A. OBJECTIVES The City 's principal investment objectives are : • Preservation of capital and the protection of investment principal. • Ma intenance of sufficient liquidity to meet anticipated disbursements and cash flows . • Diversification to avoid incurring unreasonable risks regarding securities owned . • Attainment of market rate of return equal to or higher than the performance measure established by the Director of Finance and Administrative Services . • Conformance with all City, Federal , State and other legal requ irements . DELEGATION OF AUTHORITY The ultimate responsibility and authority for investment transactions involv ing the C ity resides with the Director of Finance and Administrative Services (hereinafter referred to as the "Director") who has been designated by the City Manager as the Investment Officer in accordance with En gl ewood Mun ici pal C od e. T he Director may ap po int othe r me mbers of the City staff to assist him in the cash manage ment and investment function . Persons who are authorized to transact business and wire funds on behalf of the City will be designated by the Director by the wire transfer agreement executed with the City 's approved depository for bank services (see Appendix I). The Director shall be responsible for all investment decisions and activities , and shall establish written administrative proce du res for the operation of the City's investment program consistent wi th this Investmen t Po licy . T he Inves tment Officer act ing w ithin these procedures shall not be held persona ll y liable fo r specific investment transacti ons . The Director may in his discret ion appoint one or more Investment Advisors , registered w ith the Securities and Exc hange Co mm ission under the Inves tm ent Ad visers Act of 1940 , to manage a portion of the City 's assets. An appointed Investment Advisor may be granted limited investment discretion within the guidelines of this Investment Policy with regard to the City 's assets placed under its management. An Investment Advisor can only be appointed after consultation with and approval by the City Manager. Page 1 E X h i b i t l PRUDENCE The standard of prudence to be used for managing the City 's assets is the "prudent investo r" rule, which states that a prudent investor "shall exercise the judgment and care, under the circumstances then prevailing , which men of prudence, discretion, and intelligence exercise in the management of the property of another , not in regard to speculation but in regard to the permanent disposition of funds , considering the probable income as well as the probable safety of capital." (CRS 15-1-304 , Standard for Investments .) The City's overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. The City recognizes that no investment is totally riskless and that the investment activities of the City are a matter of public record . Accordingly , the City recognizes that occasional measured losses may be desirable in a diversified portfolio and shall be considered within the context of the portfolio 's overall return , provided that adequate diversification has been implemented and that the sale of a security is in the best long-term interest of the City. ELIGIBLE INVESTMENTS AND TRANSACTIONS All investments will be made in accordance \l',lith the Colorado Revised Statutes (CRS) as follows : CRS 11-10 .5-101, et seq . Public Deposit Protection Act ; CRS 11-47-101 , et seq . Savings and Loan Association Public Deposit Protection Act; CRS 24-75-601 , et seq . Funds-Legal Investments ; CRS 24-75-603 , et seq . Depositories; and CRS 24-75-701 , et seq . Investment Funds-Local Government Pooling . Any revisions or extensions of these sections of the CRS will be assumed to be part of this Investment Policy immediately upon being enacted . As a home rule City , Englewood may adopt a list of acceptable investment instruments differing from those outl ined in CRS 24 -75-601, et seq . Funds -Legal Investments . Funds of the City of Englewood covered by th is Investment Pol icy may be invested in the following types of securities and transactions : 1. U.S . Treasury Obligations : Treasury Bills , Treasury Notes and Treasury Bonds with maturities not exceed ing 5 years from the date of trade settlement. 2 . Treasury Strips (book -entry U.S. Treasury securities whose coupons have been removed) with maturit ies not exceed in g 5 years from the date of trade settlement. 3. Federal Instrumental ities -Debentures , Discount Notes , Medium Term Notes , Callable Securities and Step -up Securities issued by the following only : Federal National Mortgage Asso ci ation (FNMA ), Federal Home Loan Bank (FHLB), Federal Home Loan Mortgage Corpora t ion (F HLMC) and Fede ral Farm Cre dit Bank s (FFCB ), w ith matu ri ties not exceed ing 5 years from the date of trade settlement. 4 . Repurchase Agreements with a termination date of 90 days or less utilizing U.S . Treasury and Federal Instrumentality securities listed above , collateralized at a minimum market value of 102 percent of the dollar value of the transaction with the accrued interest accumulated on the collateral included in the calculation . Repurchase agreements shall be entered into only with dea lers who : a) are recognized as Primary Dealers by the Federal Reserve Bank of New York, or wi th firms that have a primary dealer within their holding company st ructure ; and b) have executed a City approved Master Repurchase Agreement (see Appendix II). The Director shall maintain a file of all executed Master Repurchase Agreements . Primary Dealers approved as Repurchase Agreement counterparties , if rated, shall have a short-term credit rating of at least A-1 or the equivalent and a long -term credit rating of at least A or the equ ivalent. Page 2 Collateral (purchased securities) shall be held by the City 's custodian bank as safekeeping agent , and the market value of the collateral securities shall be marked-to-the-market daily . For the purposes of this section , the term "collateral " shall mean "purchased securities " under the terms of the City approved Master Repurchase Agreement. In no case will the maturity of the collateral exceed ten years. 5. Reverse Repurchase Agreements with a maturity of 90 days or less executed only against securities owned by the City and collateral ized by the same type of security reversed . 6 . Flexible Repurchase Agreements with a final maturity of ten years or less entered into by the City with approved counterparties . These flexible repurchase agreements may be closed out in varying amounts and at varying times at the option of the City. These agreements are deemed by both parties to be purchases and sales of securities and are not loans. All such flexible repurchase agreements shall meet the following criteria : • Be determined as legal and valid for both parties ; • Collateral shall be limited to : a) Securities issued by, guaranteed by, or for which the credit of any of the following is pledged for payment: the United States , Fed~ral Farm Credit Bank, Federal Land Bank, Federal Home Loan Bank , Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, Export Import Bank or the Government National Mortgage Association ; or b) Securities issued by, guaranteed by, or for which the credit of the following is pledged for payment: An entity or organization which is not listed in paragraph a) above , but wh ich is (1) created by, or the creation of wh ich is authorized by , legislation enacted by the United States Congress and which is subject to control by the federal government which is at least as extensive as that which governs an entity or organization listed in paragraph a) above , and (2) rated in its highest rat ing category by one or more nationally recognized organizations which regularly rate such obligations . • Have a fixed rate during the entire life of the agreement ; • The dollar amounts and periods of time when the City may draw funds out of the repurchase agreement shall be agreed upon in wr iting by both part ies and shall be part of the written repurchase agreement exercised by the City and the approved counterparty ; • The City has the option of varying the dolla r amount and the timing of the draw down by an ag reed upon percentage of the anticipated draw down and a specified number of days . The City and the counterparty to the agreement will specify the details of the allowabl e vari ance when the agreemen t is structu red . In add it ion , t he City may draw down in excess of the variance up to the remaining balance in the agreement for a bona fide, unanticipated cash need ; • Collateral shall have a minimum market value (including accrued interest accumulated) of at least 102 percent of the dollar value of the transaction ; • Repurchase agreements shall be entered into only with dealers who are authorized by the Director and have executed a City approved Master Repurchase Agreement; • The Director shall mai ntain a file of all executed Master Re purchase Agreements ; • The title to or a perfected security interest in securities , alo ng with any necessary transfer documents, mus t be transferred and actually delivered to , and shall be held by , the City 's third-party custodian bank acting as safekeeping agent. The market value of the collateral securities shall be marked-to-the-market at least weekly based on the closing bid price at the time the custodian for the collateral issues its monthly statement to the C ity . Page 3 For the purpose of the section, the te rm "collateral " shall mean "purchased securities " under the terms of the City approved Master Repurchase Agreement. In no case will the maturity of the collateral exceed ten years . 7. Time Certificates of Deposit with a maximum maturity of 5 years or savings accounts in state or national banks or state or federally chartered savings banks operating in Colorado that are state approved depositories (as evidenced by a certificate issued by the State Banking Board) and are insured by the FDIC . Certificates of deposit that exceed the FDIC insured amount shall be collateralized in accordance with the Colorado Public Deposit Protection Act. The collateral shall have a market value equal to or exceeding 102 percent of the difference between the insured amount and the City's total deposits for all funds within the institution . 8. Money Market Mutual Funds registered under the Investment Company Act of 1940 that: 1) are "no-load" (i.e.: no commission or fee shall be charged on purchases or sales of shares); 2) have a constant net asset value per share of $1 .00; 3) limit assets of the fund to securities authorized by state statute ; 4) have a maximum stated maturity and weighted average maturity in accordance with Rule 2a-7 of the Investment Company Act of 1940 ; and 5) have a rating of AAAm by Standard and Poor's , Aaa by Moody's or AAA/V1 + by Fitch . 9. Colorado Local Government Liquid Asset Trust (COLOTRUST) as authorized under CRS 24- 75-702 . 10 . Prime Bankers Acceptances, rated at least A-1 by Standard & Poor's , P-1 by Moody 's and F1 by Fitch at the time of purchase by at least two services that rate them and shall be rated not less by any service that rates them, with a maturity of six months or less issued on domestic banks or branches of foreign banks domiciled in the U.S . and operating under U.S. banking laws . Accepting banks must have a senior debt rating of A2 by Moody's and A by Standard & Poor's. 11 . Prime Commercial Paper with a maturity of 270 days or less which, at the time of purchase , is rated at least A-1 by Standard & Poor's, P-1 by Moody 's and F-1 by Fitch . a) At the time of purchase , the commercial paper must be rated by at least two of the above stated rating agencies at the stated min imum rating . b) If more than two of the above stated agencies rates an issuer, all of those rat ing agencies must rate the issuer in accordance with above stated minimum credit criteria . c) If the commerc ial paper issuer has senior debt outstanding , the senior debt must be rated by each service that publishes a rating on the issuer as at least A2 by Moody 's , A by Standard and Poor's and A by Fitch . 12. Corporate Bond s issued by a corporation or bank with a final maturity not exceed ing th ree ye ars from t he date of tra de sett lemen t , ra ted at least AA -by Standard & Po o r's , Aa 3 by Moody 's , or AA by Fitch at the time of purchase by each service that rates the debt. Authorized corporate bonds shall be U.S. dollar denominated , and limited to corporations organized and operated within the United States with a net worth in excess of $250 million . OTHER INVESTMENTS It is the inten t of the City that the foregoing list of authorized securities be strictly interpreted . Any deviation from this list must be pre-approved by the Director in writing after approval by the City Manager. INV EST M ENT D IV ERS IFICAT IO N It is the intent of the City to diversify the investment instruments within the portfolio to avo id incurring unreasonable risks inherent in over investing in specific instruments , in dividual financial ins titut ions or maturities . The asset allocation in the portfol io should , however , be flex ible Page 4 depending upon the outlook for the economy , the securities market , and the City 's cash flow needs. The City may invest to the following maximum limits within each category : • 50% in Certificates of Deposit • 40% in Commercial Paper • 20% in Bankers Acceptances • 30% in Corporate Bonds ; 5% in any one issuer or its affiliates or subsidiaries Tests for limitations on percentages of holdings apply to the composite of the entire portfolio of the City , not to individual portfolios maintained by the City . Percentage limitations used for measurements are based on the percentage of cost value of the portfolio . INVESTMENT MATURITY AND LIQUIDITY Investments shall be limited to maturities not exceeding five years . In addition , the weighted average final maturity of the total portfolio shall at no time exceed 24 months SELECTION OF BROKER/DEALERS. The Director shall maintain a list of broker/dealers approved for investment purposes (see Appendix Ill), and it shall be the policy of the City to purchase securities only from those authorized firms . To be eligible , a firm must meet at least one of the following criteria : 1. be recognized as a Pr imary Dealer by the Federal Reserve Bank of New York or have a primary dealer within their holding company structure , 2 . report voluntarily to the Federal Reserve Bank of New York , 3. qualify under Securities and Exchange Commission (SEC) Rule 1 Sc -3 (Uniform Net Capital Rule). Broker/dealers will be selected by the Director on the basis of their expertise in public cash management and their ability to provide service to the City 's account. Each authorized broker/dealer shall be requ ired to submit and annually update a City approved Broker/Dealer Information Request form which includes the firm 's most recent financial statements . Broker/Dealers shall attest in writing that they have received a copy of th is Investment Policy . The C ity may purchase Commercial Paper from direct issuers even though they are not on the approved list of broker/dealers as long as they meet the criter ia outl ined in Item 12 of the Elig ible Investments and Tra nsactio ns sect ion of t his Investment Policy . CO MP ETITIV E T RAN SACT IONS Each investment transaction shall be competitively transacted with authorized broker/dealers . At least three broker/dealers shall be contacted for each transaction and their bid and offering prices shall be recorded . If the City is offered a security for which there is no other readil y available competitive offering , then the Director will document quotations for comparable or alternative securities . S EL ECTION OF BANKS AS DEPOSIT ORI ES AND PROVID ERS OF GEN ERAL BANKIN G SE RVIC ES The City shall maintain a list of banks approved to provide banking services or from whom the City may purchase certificates of depos it. Banks in the judgment of the Director no longer offering Pag 5 adequate safety to the City will be removed from the list. To be eligible for authorization , a bank shall qualify as a depository of public funds in Colorado as defined in CRS 24-75-603 . SAFEKEEPING AND CUSTODY The safekeeping and custody of securities owned by the City shall be managed in accordance with applicable Federal and Colorado laws and regulations . The Director shall approve one or more banks to provide safekeep ing and custodial services for the City . A City approved Safekeeping Agreement shall be executed with each custod ian bank prior to utilizing that bank 's safekeeping services . To be eligible, a bank shall qualify as a depository of public funds in the State of Colorado as defined in CRS 24 -75-603 and be a Federal Reserve member financial institution . Custodian banks will be selected on the basis of their ability to provide service to the City 's account and the competitive pricing of their safekeeping related services . The City 's designated custodian bank is set forth in Appendix IV of this Investment Policy . The purchase and sale of securities and repurchase agreement transactions shall be settled on a delivery versus payment basis. Ownership of all securities shall be perfected in the name of the City , and sufficient evidence to title shall be consistent with modern investment, banking and commercial practices . All investments , except certificates of deposit and local government investment pools purchased by the City shall be delivered by either book entry or physical delivery and will be held in third-party safekeeping by the City's designated custodian bank , its correspondent bank or the Depository Trust Company (OTC). All Fed wireable book entry securities owned by the City shall be evidenced by a safekeeping receipt or a customer confirmation issued to the City by the custodian· bank stating that the securities are held in the Federal Reserve system in a Customer Account for the custodian bank which will name the City as "customer ." All OTC eligible securities shall be held in the custodian bank 's Depos itory Trust Company (OTC) participant account and the custodian bank shall issue a safekeeping receipt evidencing that the securities are held for the City as "customer." All non -book entry (phys ical del ivery ) securities shall be he ld by the custod ian bank's correspondent bank and the custod ian bank shall issue a safekeep ing rece ipt to the C ity eviden ci ng tha t the securities are held by th e correspond e nt ban k fo r the City as "customer." The City 's custodian will be required to furnish the City with a monthly report of securities held as well as an account analysis report of monthly securities activity . PROVISIONS FOR ARBITRAGE The City periodically iss ues de bt obligations whic h are subject to the provisions of the Tax Reform Act of 1986 (section 148F), Arbitrage Rebate Regulations . Due to the legal complexities of arbitrage law and the necessary immunization of yield levels, the procedures undertaken in the reinvestment of all or a portion of the proceeds of such debt issuance may extend beyond those outlined in this Investment Policy . The Director, upon advice from Bond Counsel and financial advisors , may alter provisions of this Investment Policy for arbitrage related investments as may be necessary to conform with federal arbitrage regulations . In all cases , however, investments will be in compliance with Colorado Revised Statutes . This section is only applicable to City funds subject to arbitrage restrictions . Page 6 ) REPORTING An investment report shall be prepared , at least on a monthly basis, listing the investments held by the City , the current market valuation of the investments and performance results . The monthly investment report shall be submitted in a timely manner to the City Manager and the City Council. A record shall be maintained by the Department of Finance and Administrative Services of all bids and offerings for securities transactions in order to ensure that the City receives competitive pricing . The City has established reporting and accounting standards for callable U.S. Instrumentality securities. Callable securities may be retired at the issuer's option prior to the stated maximum maturity. All securities holding reports for the City shall disclose the stated maturity as well as the first call date of each callable security held . In the case of callable securities which are purchased priced to the first call date and, in the opinion of the Director , have an overwhelming probability of being called on the first call date, weighted average maturity , amortization as well as yield shall be calculated using the first call date . The Director may, however, choose to use a further call date maturity date for reporting purposes when conditions mandate . PERFORMANCE REVIEW The Director and the City Manager shall meet at least quarterly to review the portfolio 's adherence to appropriate risk levels and to compare the portfolio's total return to the established investment objectives and goals . The Director shall periodically establish a benchmark yield for the City 's investments which shall be equal to the average yield on the U.S. Treasury security which most closely corresponds to the portfolio's actual effective weighted average maturity . When comparing the performance of the City 's portfolio, all fees a nd expenses involved with managing the portfolio should be included in the computation of t he port 1o's rate of return . ETHICS AND CONFLICTS OF INTEREST All City employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program , or which could impair their ability to make impartial investment decisions . Employees and investment officials shall disclose to the City Manager any material financial interest in financial institutions that conduct business with the City , and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City's portfolio . Employees shall subordinate their personal investment transactions to those of the City particularly with regard to the timing of purchases and sales . Pag e 7 ( POLICY REVISIONS This Investment Policy will be reviewed periodically by the Director and may be amended as conditions warrant by the City Manager and the City Council. Prepared by: Isl Frank Gryglewicz Director of Finance and Administrative Services Approved by City Council September 17 , 1990 Amended by City Council December 16, 1991 Amended by City Council April 5 , 1993 Amended by City Council June 20, 2005 Prepared by : Isl~~~~~~~~~~~~~~ Steve Dazzio Accounting Manager Amended by City Council September 5, 1995 Amended by City Council December 15, 1997 Amended by City Council February 7, 2000 Amended by City Council ~~~~~·2006 Page 8 State of Colorado, County of Arapahoe : I, Loucrishia A Ellis , City Clerk in and for the City of Englewood , in the State aforesaid, do hereby certify that the foregoing is a full, true and correct copy of the Investment Policy as the same appears upon the records of my office which are in my custody . Given under by hand and official seal, this __ . Isl Loucrishia A Ellis City Clerk Pag 9 APPENDIX I Authorized Personnel The following persons are authorized to conduct investment transactions and wire transfer funds on behalf of the City of Englewood : Steve Dazzio, Accounting Manager Jennifer Nolan, Accountant Kathy Cassai, Accountant Kevin Engels, Accountant Christine Hart, Accountant Frank Gryglewicz, Director of Finance and Administrative Services Page 10 APPENDIX II Repurchase Agreements The following firms have executed a City approved Master Repurchase Agreement with the City of Englewood . Banc of America Securities, LLC Morgan Stanley OW Inc. Agreements maintained in separate file . Page 11 APPENDIX Ill Authorized Broker/Dealers and Financial Institutions The following firms are approved for investment purposes by the City of Englewood . Banc of America Securities , LLC Citigroup Global Markets, Inc . Fundamental Capital Markets Lehman Brothers Inc. Merrill Lynch Mizuho Securities USA Inc. Morgan Stanley UBS Financial Services Inc. P ge 12 APPENDIX IV Designated Custodial Banks The following bank is authorized as the designated custodial bank for the City of Englewood : Wells Fargo Bank, NA Northstar East Building 608 Second Ave., 8th Floor Minneapolis, MN 55479 Page 13 COUNCIL COMMUNICATION Date October 16 , 2006 INITIATED BY: Community Development Dept. Agenda Item 11 a i Subject: Amendment to an Inte r governmental Coope ration Agreement between the City and Arapahoe County STAFF SOURCE: Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council initially passed Ordinance No. 37, Series of 1991 , authorizing the participation in the Arapahoe County Urban County Entitlement Program for the Community Development Block Grant Program for federal fiscal years 1992 -1994. Council has also passed successive ordinances and amendments relating to the continuing participation with Arapahoe County. Council rec ently pa ss es Ordinan c e No. 13 , Ser ies o f 2006, authorizing the participation with Arapahoe County i n the Community Development Block Grant and HOME Investment Partnership Programs for Program Grant Years 2007 through 2009. RECOMMENDED ACTION Approve a Bill for an Ord i nan ce authorizing the exe c ution of Amendmen t No. One to the Interg ove rnm ental Coope rati o n A gree ment between Arapahoe County and the City of Englewood re lati ng to t he co nd u ct of Communi ty D ev elopment Blo c k Grant and HOME Inves t ment Partnership Programs for progra m gra nt yea rs 200 7 throu gh 2009. BAC KGROUND, ANALYSIS, AND ALTE RNAT IVES IDEN TIFIED Arapahoe County and local jurisdictions band together to meet the minimum threshold for the Dept. of Housing and Urban Development (HUD) designation of an Urban County. Earlier this year, council voted to renew the partnership agreement for the Urba n Cou nty for purposes of participating in the Community Development Block Grant (CD BG) and HOME programs for program grant years 2007 -2009. HUD has requested an amendment to the cooperation agreement. Mandatory language r I ting to poli cie s prohibiting undue force in civil rights demonstrations has been clarified nd the agreement must be changed to include the specific phrasing required by HUD for Se c tion 9. No oth r se c tions of the IGA are being changed . Since 1992, the City of Englewood has received approximately $2.8 million in combined CDBG and HOME funds from Arapahoe County to support its local projects. This averages over $185,000 per year. The authorization of this amendment to the IGA will allow the City to receive its share of the FY 2007 -2009 CDBG funds as well as being able to apply for HOME funds through Arapahoe County. The funds will allow for the continuation of eligible projects such as the Housing Rehabilitation Program, Homeowner Fix-Up project and support for the House of Hope. FINANCIAL IMPACT None. The existing employees in Community Development are available to administer this agreement and any future approved projects. Their salaries and benefits are part of the City's contribution towards those projects. The City will generally utilize a portion of the awarded CDBG and HOME funds to partially offset the costs of employee's salaries and benefits. LIST OF ATTACHMENTS Bill for an Ordinance. .. ORDINANCE NO . SERIES OF 2006 BY AUTHORITY ABILLFOR COUNCIL BILL NO. 45 INTRODUCED BY COUNCIL MEMBER _____ _ AN ORDINANCE APPROVING AND AUTHORIZING AMENDMENT NUMBER ONE TO INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD, COLORADO RELATING TO THE CONDUCT OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PARTNERSHIP PROGRAMS FOR PROGRAM GRANT YEARS 2007 THROUGH 2009. /( ,t/ WHEREAS, the Englewood City Council does hereby detennine that it is in the public interest and welfare of the residents of the City of Englewood, Colorado that the City engage in a cooperative effort with Arapahoe County for the conduct of Community Development Block Grant Program activities and projects in the City under and pursuant to the Housing and Grant Program activities and projects in the City under and pursuant to the Housing and Community Development Act of 1974, as since amended (42 U.S.C. 5301 et seq .); and WHEREAS , the Englewood City Council approved the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County with the passage of Ordinance No. 37 , Series of 1991 authorizing initial participation in the Urban County Entitlement Program for the CDBG program for federal fiscal years 1992 through 1994; and WHEREAS , the Englewood City Council passed Ordinance No. 39 , Series of 1994, that was extended by Amendments No. 's 1, 2 and 3, relating to participation in the Urban County Entitlement Program for CDBG and HOME funds for federal fiscal years 1995 through 2006 ;and WHEREAS , the Englewood City Council passed Ordinance No. 13 , Series of 2006 authorizes a three-year Intergovernmental Cooperation Agreement between Arapahoe County and the Ci ty of Englewood relating to the conduct of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs for program grant years 2007 through 2009 ; and WHEREAS , HUD has requested an amendment to the IGA Cooperative Agreement pertaining to the mandatory language relating to policies prohibiting undo force in civil rights demonstrations ; and WHEREAS , the passage of this Ordinance authorizes Amendment No. One amending the mandatory language relating to policies prohibiting undue force in civil rights demonstrations ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF .N ,I.EWOOD, COLORADO , AS FOLLOWS : -1- Section 1. The City Council of the City of Englewood, Colorado hereby authorizes Amendment No. One To The Intergovernmental Cooperation Agreement Between Arapahoe County, Colorado And City Of Englewood Relating To The Conduct Of Community Development Black Grant And Home Partnership Programs For Program Grant Years 2007 Through 2009, attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor and City Clerk are authorized to execute and attest said Amendment No. One, for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 16th day of October, 2006 . Published as a Bill for an Ordinance on the 20th day of October, 2006. Olga Wolosyn, Mayor ATIEST: 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 16th day of October, 2006. Loucrishia A. Ellis -2- CXH IBIT /\ AMENDMENT NO. ONE TO THE INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN ARAPAHOECOUNTY,COLORADO AND CITY OF ENGLEWOOD RELATING TO THE CONDUCT OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PARTNERSHIP PROGRAMS FOR PROGRAM GRANT YEARS 2007 THROUGH 2009 This AMENDMENT NO . ONE made this __ day of __ , 2006 by and between City of Englewood ("City") and the Board of County Commissioner of Arapahoe County, Colorado ("County"). WHEREAS, the City agreed to participate with the County in the Community Development Block Grant Program (CDBG) and the HOME Partnership Program (HOME) and entered into an Intergovernmental Cooperation Agreement with the County, dated June 27, 2006 (hereinafter the "Agreement"); and WHEREAS, the County has been notified by the U.S. Department of Housing and Urban Development that the clause set forth below must be included in the Agreement. EXHIBIT A NOW, THEREFORE, for the mutual consideration of the parties, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Section 9 of the Agreement is hereby amended to state as follows : The cooperating unit of general local government (City) has adopted and is enforcing: (1) a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non- violent civil rights demonstrations; and, (2) a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. 2. All ther terms, conditions and sections of the Agreement and any previous amendments not inconsistent with this Amendment No. One are reaffirmed and incorporated herein by this reference . In Witness Whereof, the Parties have caused this AMENDMENT to be duly executed this __ day of __ , 2006 . Attest: Clerk to the Board Witness: Title: --------- Board of County Commissioners Arapahoe County, Colorado By: _________ _ Rod Bockenfeld, Chairman City of Englewood By: _________ _ Title:--------- COUNCIL COMMUNICATION Date Agenda Item Subject October 16, 2006 11 a ii Bill For An Ordinance Adopting the Budget For Fiscal Year 2007 Initiated By Staff Source Department Of Finance and Administrative Frank Gryglewicz, Director Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2006 Goals/2007 Budget discussion on May 13, 2006 . A preliminary budget summary and update was done on September 5, 2006. A public hearing regarding the proposed 2006 Budget was held on September 18, 2006 . The operating budgets and Multiple Year Capital Plan for all City departments and funds was reviewed at a budget retreat held on September 23 , 2006. RECOMMENDED ACTION Staff recommends Council approve the proposed bill for an ordinance adopting the 2007 budget. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Charter of the City of Englewood requires the City Council to adopt the next year's Budget and A ppropriation Ordinances no later than thirty days prior to the first day of the next fiscal year . FINANCIAL IMPACT The Genera l Fun d is bud ge tin g total sour c es of funds of $37,697,2 63 and total uses of funds of $39,182,556 leaving an unreserved/un d esig nated fund b ala nce of $5,497,98 1 o r 13.2 p ercen t of total revenues . The total General Fund appropriation is $39,182,556 for 2007. LIST OF ATTAC HM ENTS Proposed bill for an ordinance ORDINANCE NO. SERIES OF 2006 BY AUTHORITY ABil,LFOR COUNCil,Bil,LNO. 41 INTRODUCED BY COUNCIL MEMBER~~~~~~ AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 2007. WHEREAS, pursuant to the provisions of Part I, Article X, of the Charter of the City of Englewood , Colorado , a budget for the fiscal year 2007 was duly submitted by the City Manager to the City Council before September 15 , 2006; and WHEREAS , a public hearing on said budget was held by the City Council within three weeks after its submission at the meeting of the City Council on September 18 , 2006. Regular notice of the time and place of sa id hearing was published within seven days after submission of the budget in the manner provided in the Charter for the publication of an ordinance; and WHEREAS , the City Council of the City of Englewood has studied and discussed the budget on numerous occasions ; and WHEREAS , it is the intent of the City Council to adopt the 2007 budget as now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. That the budget of the City of Englewood , Colorado , for the fiscal year 2007 , as submitted by the City Manager and duly cons idered by the City Council after public hearing , be and hereby is adopted as the bud get for the City of En glewood for the fisc al year 200 7. Section 2. GENERAL FUND Total Fund Balance, January 1, 2007 Sa les/Use Tax Property and Specific Ownership Tax Franchise/Occupation/Cigarette Tax License/Permits Intergovernmental Revenue Charges for Services Cultural & Recreation Fines & Forfeitures -1- 2007BUDGET $ 7,583 ,883 Revenues 22,540,447 2,951 ,335 2,727 ,463 621,090 1,183 ,470 3,189 ,500 2,261 ,428 1,493 ,500 Interest Miscellaneous Total Revenues Other Financing Sources Total Sources of Funds Legislation City Attorney's Office Municipal Court City Manager's Office Human Resources Finance and Administrative Services Infonnation Technology Public Works Safety Services Community Development Library Services Parks and Recreation Services Contingencies Debt Service Total Uses of Funds Total Fund Balance, December 31 , 2007 Section 3. DEBT SERVICE FUNDS General Obligation Bond Fund Fund Balance, January 1, 2007 Revenues Expenditures Fund Balance, D ecember 3 1, 2 007 Paving District #38 Fund Balance, January 1, 2007 Revenues Expend itures Fund Balance, December 31 , 2007 Section 4 . SPECIAL REVENUE FUNDS Con ervation Trust Fund Fund Balance, January 1, 2007 -2- 300,000 150,000 $ 37,411 ,233 279,030 $ 37,697 ,263 Expenditures 325 ,959 720,646 932 ,562 655,188 563 ,298 1,700,220 1,281 ,168 5,176 ,852 16 ,833 ,823 1,686 ,645 1,336,263 5,705 ,171 395 ,000 1.869,761 $ 39 ,182 ,556 $ 6,098 ,590 $ 11 ,020 $ 1,105 ,000 $ 1,100 ,406 $ 15,614 $ 4 ,292 $ 44,211 $ 48,503 $ -0- s 192 ,592 Revenues $ 315 ,000 Expenditures $ 286 ,000 Fund Balance, December 31 , 2007 $ 221 ,592 Commercial Revolving Loan Fund Fund Balance, January l , 2007 $ 214 ,003 Revenues $ 10 ,000 Expenditures $ 30 ,200 Fund Balance, December 31 , 2007 $ 193,803 Community Develo1:1ment Fund Fund Balance, January 1, 2007 $ -0- Revenues $ 450 ,000 Expenditures $ 450,000 Fund Balance, December 31 , 2007 $ -0- Donors Fund Fund Balance, January l , 2007 $ 386 ,025 Revenues $ 108 ,100 Expenditures $ 89 ,785 Fund Balance, December 31 , 2007 $ 404 ,340 Malley Center Trust Fund F und Ba lance, January 1, 200 7 $ 25 4 ,768 Revenues $ 23 ,000 Expenditures $ 50 ,000 Fund Balance, December 31 , 2007 $ 227,768 Parks and Recreation Trust Fund Fund Balance, January l , 2007 $ 427 ,953 Revenues $ 13 ,500 Expenditures $ 19 ,000 Fund Balance, December 31 , 2007 $ 422,453 Snecial Assessment SJ:!!l!lus & Deficienc:x'. Fund Fund Balance, January 1, 2007 $ 15 ,734 Revenues $ 2,000 Expenditures and Transfers $ 17,734 Fund Balance, December 31 , 2007 $ -0- Qt>en Snace Fund Fund Balance, January I , 2007 $ 564,110 Revenues $ 652,000 Expenditures $ 913,000 Fund Balance, December 31 , 2007 $ 303,110 Section 5 . CAPITAL PROJECT FUNDS Public hnnrovement Fund Fund Balance, January I , 2007 $ <87,045> Revenues $ 3 ,345 ,489 Expenditures and Transfers $ 3,063,735 Fund Balance, December 31 , 2007 $ 194,709 Canital Projects Fund Fund Balance, January 1, 2007 $ 93,100 Revenues and Tr ansfers In $ 1,635 ,205 E xpenditures $ 1,4 8 5 ,2 05 Fund Balance, December 31 , 2007 $ 243 ,100 Section 6 . INTERNAL SERVICE FUNDS Servicenter Fund Fund Balance, January I , 2007 $ 498,308 Revenues $ 1,855,490 Expenditure $ 1,952,048 Fund Balance, December 31 , 2007 s 401 ,750 Ca:gital Egui:gment R~lacement Fund Fund Balance, January 1, 2007 $ 460,791 Revenues $ 765,633 Expenditures $ 1,089 ,664 Fund Balance, December 31 , 2007 $ 136 ,760 Risk Management Fund Fund Balance, January 1, 2007 $ 240,132 Revenues $ 1,318 ,632 Expenditures $ 1,273,985 Fund Balance, December 31 , 2007 $ 284,779 Em:gloyee Benefits Fund Fund Balance, January 1, 20076 $ 413,404 Revenues $ 4,718,253 Expenditures $ 4 ,700,200 Fund Balance, December 31 , 2007 $ 431 ,457 Central Services Fund Fund Balance, January 1, 2007 $ 229,728 Revenues $ 345,000 Expenditures $ 354,605 Fund Balance, December 31 , 2007 $ 220 ,123 Section 7 . ENTERPRISE FUNDS Water Fund Fund Balance, January I, 2007 $ 4,062,001 Revenues $ 7,564,205 Expenditures $ 8,261,S25 Fund Balance, December 31, 2007 $ 3,364,381 Sewer Fund Fund Balance, January 1, 2007 $ 22,274,351 Revenues Expenditures Fund Balance, December 31, 2007 Storm Drainage Fund Fund Balance, January 1, 2007 Revenues Expenditures Fund Balance, December 31, 2007 Golf Course Fund Fund Balance, January 1, 2007 Revenues Expenditures Fund Balance, December 31, 2007 Concrete Utility Fund Fund Balance, January 1, 2007 Revenues Expenditures Fund Balance, December 31, 2007 Housing Rehabilitation Fund Fund Balance, January 1, 2007 Revenues Expenditures Fund Balance, December 31, 2007 S 12,250,065 S 28,965,450 S 5,558,966 $ 555,990 $ 315,500 $ 351,110 $ 520,381 $ 122,823 $ 1,684,587 $ 1,784,587 $ 22,823 $ 526,375 $ 621,200 $ 674,632 $ 472,943 $ 1,900,704 $ 1,824,500 $ 1,824,500 $ 1,900,704 Section 8. That the said budget shall be a public record in the office of the City Clerk and shall be open to public inspection . Sufficient copies thereof shall be made available for the use of the City Council and the public , the number of copies to be detennincd by the City Manager. Introduced, read in full, and passed on first reading on the 16th day of October, 2006. -6- Published as a Bill for an Ordinance on the 20th day of October, 2006 . Olga Wolosyn, Mayor ATIEST: 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 16th day of October, 2006. Loucrishia A. Ellis -7- COUNCIL COMMUNICATION Date Agenda Item Subject October 16, 2006 11 a iii Bill For An Ordinance Appropriating Funds For Fiscal Year 2007 Initiated By Staff Source Department of Finance and Administrative Frank Gryglewicz, Director Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2006 Goals/2007 Budget discussion on May 13 , 2006 . A preliminary budget summary and update was done on September 5, 2006. A public hearing regarding the proposed 2006 Budget was held on September 18, 2006 . The operati ng budgets and Multi ple Year Capital Plan for all City departments and funds was reviewed at a budget retreat held on September 23 , 2006. RECOMMENDED ACTION Staff recommends Council approve the proposed bill for an ordinance appropriating funds fo r fiscal year 2007. BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED The Charter of the C ity of Englewood requires the City Council to adopt the next year 's Budget and Appropriation Ordinances no later than thirty days prior to the first day of th e next fi sc al year . FINANCIAL IMPACT The General Fund is budgeting total s6urces of funds of $37,697,263 and total uses of funds of $3 9,182,556 leaving an unreserved/undesignated fund balance of $5 ,497,981 or 13 .2 percent of total revenues . The total General Fund appropriation is $39,182,556 for 2007. LI ST OF ATTACHMENT S Proposed bill for ordinance ORDINANCE NO . SERIES OF 2006 BY AUTHORITY A BILL FOR / /i1ii COUNCIL BILL NO. 42 INTRODUCED BY COUNCIL MEMBER~~~~~ AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORAOO, FOR THE FISCAL YEAR BEGINNING JANUARY l, 2007, AND ENDING DECEMBER 31, 2007, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2007. WHEREFORE, City Council and staff held a 2007 budget and goal setting meeting on May 13, 2006; and WHEREFORE, a public hearing on the Proposed 2007 Budget was held September 18, 2006;and WHEREAS, the operating budgets and Multiple Year Capital Plan for all City departments and funds were reviewed at a budget retreat held on September 23, 2006; and WHEREAS , the Charter of the City of Englewood requires the City Council to adopt bills for ordinances adopting the Budget and Appropriation Ordinance no later than thirty days prior to the fir st day of the next fiscal year . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Scctjon 1. That there be and there hereby is appropriated from the revenue derived from taxation in the City of Englewood , Colorado, from collection of license fees and from all other sources of revenue including available fund balances during the year beginning January l , 2007, and ending December 31, 2007, the amounts hereinafter set forth for the object and purpose specified and set opposite thereto , specifically as follows : GENERAL FUND Legi lati n City Attorney' ffice Municipal ourt ity Manager' Office Human Re o urce Finance and Administrative Services Infonnation Technology Public Work Safety Service ommunity Development ibrary Service Park and Recreation Service ontingencie -1- $ 325,959 720,646 932,562 655,188 563,298 1,700,220 1,2 81 ,168 5,176,852 16,833 ,823 1,68 6,645 1,33 6,2 63 5,705,171 395,000 Debt Service -Civic Center Debt Service -Other Total General Fund $ GENERAL OBLIGATION BOND FUND Total General Obligation Bond Fund 1,575,731 294,030 39,182 ,556 $ 1,100 ,406 PAVING DISTRICT #38 DEBT SERVICE FUND Total Paving District #38 Debt Service Fund $ CONSERVATION TRUST FUND Total Conservation Trust Fund $ COMMERCIAL REVOLVING LOAN FUND Total Commercial Revolving Loan Fund $ COMMUNITY DEVELOPMENT FUND Total Community Development Fund DONORSFUND Total Donors Fund MALLEY CENTER TRUST FUND Total Malley Center Trust Fund $ $ $ PARKS AND RECREATIO N TRUST FUND Total Parks and Recreation Trust Fund $ -2- 48,503 286,000 30 ,200 450,000 89 ,785 50,000 19,000 SPECIAL ASSESSMENT SURPLUS & DEFICIENCY FUND Total Special Assessment Surplus & Deficiency Fund $ 17 ,734 OPEN SPACE FUND Total Open Space Fund $ 913 ,000 PUBLIC IMPROVEMENT FUND Total Public Improvement Fund $ 3,063,735 CAPITAL PROJECTS FUND Total Capital Projects Fund $ 1,485 ,205 SERVICENTER FUND Total ServiCenter Fund $ CAPITAL EQUIPMENT REPLACEMENT FUND Total Capital Equipment Replacement Fund $ CENTRAL SERVICES FUND Total Central Services Fund RISK MANAGEMENT FUND Total Risk Management Fund EMPLO YEE B ENEFIT S FUND Total Employee Benefits Fund WATER FUND Total Water Fund -3- $ $ $ $ 1,952 ,048 1,089,664 354,605 1,2 73,985 4 ,700,200 8,261,825 SEWER FUND Total Sewer Fund $ 28,965,450 STORM DRAINAGE FUND Total Storm Drainage Fund $ 351,110 GOLF COURSE FUND Total Golf Course Fund $ 1,784,587 CONCRETE UTILITY FUND Total Concrete Utility Fund $ 674,632 HOUSING REHABILITATION FUND Total Housing Rehabilitation Fund $ 1,824,500 Section 2. The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated but shall not be construed to be appropriated to line items within any groups, even though such line items may be set forth as the adopted budget for the fiscal year 2007. Section 3. All monies in the hands of the Director of Finance and Administrative Services, or to come into the Director's hands for the fiscal year 2007, may be applied on the outstanding claims now due or to become due in the said fiscal year of 2007. Section 4 . All unappropriated monies that may come into the hands of the Director of Finance and Administrative Services during the year 2007, may be so distributed among the respective funds herein as the City Council may deem best under such control as is provided by law. Section 5 . During or at the close of the fiscal year of 2006, any surplus money in any of the respective funds , after all claims for 2006 against the same have been paid, may be distributed to any other fund or funds at the discretion of the City Council. Introduced, read in full , and passed on first reading on the 16th day of October, 2006. -4- Published as a Bill for an Ordinance on the 20th day of October, 2006. Olga Wolosyn, Mayor ATIEST: 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 16th day of October, 2006. Loucrishia A. Ellis ( COUNCIL COMMUNICATION Date Agenda Item Subject October 16, 2006 11 a iv Bill For An Ordinance Establishing The 2006 Mill Levy Collected in 2007 Initiated By Staff Source Department Of Finance and Administrative Frank Gryglewicz, Director Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2006 Goals/2007 Budget discussion on May 13, 2006. A preliminary budget summary and update was done on September 5, 2006. A public hearing regarding the proposed 2006 Budget was held on September 18, 2006. The operating budgets and Multiple Year Capital Plan for all City departments and funds was reviewed at a budget retreat held on September 23 , 2006. RECOMMENDED ACTION Staff recommends Council approve this bill for an ordinance establishing the 2005 mill levy to be collected in 2006. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood assesses property tax for the general operations of the government and for the Community Center Debt Service Fund . TABOR restricts the City from ra i sing the mill levy without a v ote of the citizens. This ye ar's G eneral Fund m i ll levy i s unchanged from 2 005 (5.880 mills ). Th e 2006 le vy is c ertified to A ra paho e Co un ty by D ecember 15, 2 006 for collection in 200 7. FINANC IAL IMPA CT Based on the assessed valuation for the City of Englewood as certified by the Arapahoe County Assessor, the net assessed value of all properties in Englewood for 2006 is $440,702,500 compared to $439,499,950 for 2005. The 2006 mill for General Fund operat ions is 5.880 m ill s and 2.520 mills for the Community Center Debt Service Fund. The total m ill levy is 8.400 for 2006 collected in 2007. The tota l amount budgeted for the General Fund is $2,565,000 (net of uncollectibles, abatements, etc .). The amount budgeted for the Genera l Obligation Bonds Debt Service Fund is $1 ,100,000 (net of uncollectibles, abatements, etc.). A homeowner with a $200,000 dollar home in Englewood would pay the following to the City of Englewood: Market Value Assessment Ratio Assessed Value General Operations Mill Levy Taxes Paid For General Fund Operations Market Value Assessment Ratio Assessed Value Community Center Bond Fund Mill Levy Taxes Paid For General Obligation Bonds Market Value Assessment Ratio Assessed Value Total Mill Levy Total Taxes Paid To City Of Englewood LIST OF ATTACHMENTS Proposed bill for an ordinance $200,000 7 .96% $15,920 5.880 $93.61 $200,000 7 .96% $15,920 2.520 $40.12 $200,000 7.96% $15,920 8.400 $133.73 (_ ORDINANCE NO. SERIES OF 2006 BY AUTHORITY ABllLFOll COUNCIL BILL NO. 40 INTRODUCED BY COUNCIL MEMBER~~==~~ AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN 1HE CrrY OF ENGLEWOOD, COLORADO. WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado, under the Englewood Home Rule Charter and Colorado Revised Statutes, to make the annual property levy for City purposes; and WHEREAS, the City Council has duly considered the estimated valuation of all the taxable property within the City and the needs of the City and of each of said levies and has determined that the levies as hereinafter set forth, are proper and wise; and WHEREAS, the following levies are permitted under Article X, Section 20 of the Colorado Constitution without a vote by the citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That there be and hereby is levied for the year of 2006, due and payable as required by statute in the year 2007, a tax of 5 .880 mills on the dollar for the General Fund of the City of Englewood, Colorado, and 2.52 mills on the dollar for the General Obligation Bond Debt Service Fund of the City of Englewood, Colorado. That the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable property within the corporate limits of the City of Englewood, Colorado, and the said levy shall be certified by law. Introduc ed, r ead in full , and passed on first reading on the 16th day of October, 2006 . Published as a Bill for an Ordinance on the 20th day of October, 2006 . O lga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, C ity Clerk -1- D 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 16th day of October, 2006. Loucrishia A. Ellis -2- COUNCIL COMMUNICATION Date Agenda Item Subject October 16, 2006 11 a V Bill for an Ordinance Adopting the Budget for the Littleton/Englewood Wastewater Treatment Plant for Fiscal Year 2007 Initiated By Staff Source Department of Finance and Administrative Frank Gryglewicz, Director Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2006 Goals/2007 Budget discussion on May 13 , 2006 . A preliminary budget summary and update was done on September 5, 2006. A public hearing regarding the proposed 2006 Budget was held on September 18, 2006 . The operating budgets and Multiple Year Capital Plan for all City departments and funds was reviewed at a budget retreat held on September 23 , 2006. RECOMMENDED ACTION Staff recommends Council approve the proposed bill for an ordinance appropriating funds for fiscal y ear 2007. BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED The City C oun ci l of th e Ci ty o f Englewood act s as administering authority for the Littl eton/ En glewoo d W as tewater Trea tment Plant. A part of the duties include adoptin g bill s fo r o rdinan ces for the 2007 Bud ge t and A p pro pria tion Ordinan ce no later than thirty da y s p rior t o th e fi rst da y of the next fiscal year . FINANC IAL IMPACT The 2007 Littleton/Englewood Wastewater Treatment Plant Budget indicates a beginning funds available balance of $115,674, total sources of funds of $50,19 4,271, and t otal uses of funds of at $50,194,27 1, leaving the ending funds availab l e balance at $115,674. The total appropriation (use offunds) for 2007 is $50,194,271 . LIST OF A IT ACHMENTS Propos d bill for ordinance )/aV BY AUTHORITY ORDINANCE NO. SERIES OF 2006 COUNCIL BILL NO. 43 INTRODUCED BY COUNCIL MEMBER~~~~~- A BILL FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE LITILETON/ ENGLEWOOD WASTEWATER TREATMENT PLANT FOR TIIE FISCAL YEAR2007. WHEREAS, pursuant to the provisions of an agreement between the City of Littleton, Colorado, and the City of Englewood, Colorado, a budget for the fiscal year 2007 was duly approved by the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee on August 1 7, 2006 and submitted to the City Council; and WHEREAS, a public hearing on said budget was held by the City Council within three weeks after its submission at the meeting of City Council on September 18, 2006, regular notice of the time and place of said hearing having been published within seven days after the submission of the budget in the manner provided in the Charter for the publication of an ordinance; and WHEREAS, the City Council of the City of Englewood, as the administering authority for the Littleton/Englewood Wastewater Treatment Plant, has studied the budget on numerous occasions; and WHEREAS, it is the intent of the City Council to adopt the 2007 budget for the Littleton/Englewood Wastewater Treatment Plant as now submitted . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That the budget of the Littleton/Englewood Wastewater Treatment Plant for the fiscal year 2007, as submitted by the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee and duly considered by the City Council after public hearing, is hereby adopted as the budget for the Littleton/Englewood Wastewater Treatment Plant for the fiscal year 2007, as follows: Littleton/Englewood Wastewater Treatment Plant Fund Balance -January 1, 2007 Re venues Expenditures Fund Balance -December 31, 2007 -1 - $ 115,674 50,194,271 50,194,271 115,674 Section 2. That the said budget as accepted shall be a public record in the Office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Introduced, read in full , and passed on first reading on the 16th day of October, 2006 . Published as a Bill for an Ordinance on the 20th 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 16th day of October, 2006 . Loucrishia A. Ellis -2- COUNCIL COMMUNICATION Date Agenda Item Subject October 16, 2006 11 a vi Bill for an Ordinance Appropriating Funds for the Littleton/Englewood Wastewater Treatment Plant for Fiscal Year2007 Initiated By Staff Source Department of Finance and Administrative Fra nk Gryglewicz, Director Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2006 Goals/2007 Budget discussion on May 13, 2006. A preliminary budget summary and update was done on September 5, 2006. A public hearing regarding the proposed 2006 Budget was held on September 18, 2006 . The operating budgets and Multiple Year Capital Plan for all City departments and funds was reviewed at a budget retreat held on September 2 3, 2006. RECOMMENDED ACTION Staff recommend s Council approve the proposed bill for an ordinan ce appropriating funds for fis cal year 2007. BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED The City Co u nci l of t he City of Eng lewoo d acts as ad mi n is t ering authority for t he Li ttl et on/ Englewood Wastewater Treatment Plant. A part of the duties include adopting bills for ordinances for the 2007 Budget and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year. FINAN CIAL IMPACT The 2007 Littleton/Englewood Wastewater Treatment Plant Budget indicates a beginning funds available balance of $115,674, total sources of funds of $50,194,271 and total uses offunds of at $50,194,271 leaving the ending funds available balance at $115 ,674. The total appropriation (use of funds) for 2007 is $50,194,2 7 1. LIST OF ATTACHMENTS Pr o p o d bill for o rdinan ce ORDINANCE NO . SERIES OF 2006 BY AUTHORITY ABILLFOR COUNctL BR..L NO. 44 INTRODUCED BY COUNCIL MEMBER~~~~~~ AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ l?NOLBWOOD WASTEWATER TREATMENT PLANI' PURPOSES IN THB FISCAL YEAR BEGINNING JANUARY 1, 2007, AND ENDING DECEMBER 31, 2007, CONSTITUTING WHAT IS TERMED TIIE ANNUAL APPROPRIATION Bll.L FOR THE FISCAL YEAR 2007. WHEREAS , the Cities of Englewood and Littleton entered into a contract to build, maintain, and operate a joint Wastewater Treatment Plant facility; and WHEREAS, the operations, including budget matters , of this joint facility are overseen by the Supervisory Committee ; and WHEREAS , the City of Englewood operates the Littleton/Englewood Wastewater Treatment Plant under the control of the Supervisory Committee; and WHEREAS , the Li ttleton/Englewood Wastewater Treatment Plant has its own fund for operat ions and maintenance; and WHEREAS , the Supervisory Committee approved the following as the 2007 budget at the August 17 , 2006 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. That pursuant to the Li ttleton/Englewood Wastewater Treatment Plant agreement, there b e and hereby is appropriated from the revenue derived from operation of the Littleto n/Englewood Wastewater Treatment Plant in the City of Englewood, Colorado, and from all other sources of r evenu e in th e Littl eton/E nglewood Wastew ater Treatment Plant Fund including available fund balance during the year beginning January 1, 2007, and ending December 31, 2007, the amounts hereinafter set forth for the object and purpose specified as follows: Total Littleton/Englewood Wastewater Treatment Plant Fund $ 50,194,271 Introduced, read in full , and passed on first reading on the 16th day of October, 2006 . -1- Published as a Bill for an Ordinance on the 20th 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 copl of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16 day of October, 2006. Loucrishia A. Ellis -2- .. . l/tl RBSOLlmON NO. SERIES OF 2006 A RESOLUTION APPROVING A SUPPLEMENT AL APPROPRIATION OF FUNDS TO THE 2006 BUDGET FOR ADDITIONAL EXPENDITURES TO MAKE NECESSARY ROOF REPAIRS TO THE SERVICENTER. WHEREAS , the City of Englewood is required by City Charter to ensure that expenditures do not exceed legally adopted appropriations ; and WHEREAS , the City ServiCenter Roof has been damaged and requires repairs; and WHEREAS, the passage of this Resolution will approve a supplemental appropriation to the Budget to make the required repairs to the ServiCenter roof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The Budget for the City of Englewood, Colorado, is hereby amended for the year ending 2006, as follows : SERVICECENTER FUND: SOURCE OF FUNDS: Retained Earnings $75 ,000 USE OF FUNDS: Roof Repairs $75 ,000 ADOPTE D AND APPROVED this 16th o f October, 2006. AITEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2006 . Loucrishia A. Ellis, City Clerk - COUNCIL COMMUNICATION Date Agenda Item Subject October 16, 2006 11 Ci Resolution for a Supplemental Appropriation for the ServiCenter Fund to make Necessary Roof Repairs Initiated By Staff Source Department of Finance and Administrative Frank Gryglewicz, Director Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has not discussed this specific topic but Council has made: "A City that provides and maintains quality infrastructure" an important outcome in the 2006 and 2007 (Proposed) Budgets. RECOMMENDED ACTION Staff recommends Council approve the attached resolution for a supplemental appropriation to the make required repairs to the ServiCenter roof in 2006 . SERVICENTER FUND: SOURCE OF FUNDS: Retain ed Ea rn i n gs US E OF FU ND S: Roof Repairs FINAN CIAL IMPA CT This will reduce the ServiCenter fund balance by $75,000. LI ST OF ATTA CHM ENTS Proposed resolution $75,000 $75,000 1. Call to order 1 '1?/) p.m. 2. Invocation ~\\K\,'J.; 3. Pledge of Allegiance WOW.iv)\\. 4. Roll call Members : 5 . and Tomasso / Moore / Barrentine / Oakley McCaslin / Woodward / Mayor Wolosyn j ___ \'7_present __ \+-__ absent cc /0/;J~inutes /~~ __..\..._\ ' ...... ~~» __ /_ N __ moved COUNC IL • M ling working not 1 . 2. 3 . THE ENGLEWOOD CITY COUNCIL Monday, October 16, 2006 Call to order. 7 : !:f:J ~ . Invocation. ~ Pledge of Allegiance. CJJ.,-7f!JJ' ~ l,KV'-'V{hCAA;,,IJ ~7.,f,AL4,ALJ'P7"':¢!J;~ I/ JI fi:AJ {) If-()1tfy /;~ ~NoW-71 11l/ ~ ~ f/ttJff 4 . RollCall . ~~ /~~ • 5. Consideration of Minutes of Pre vious Session . ~'/;. &,.-{) Minutes from the Regular City Council meeting of October 2, 200~ 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes .) b., ?fodamation d daring Novembe~_0.9~. as .N_a ti~al Li te~a~ Day in th e City of .J ~-"A op&--ir{nglewood. ~ ~ -II:" °"' ~~ ./J ,{Jrodam tion d daring th e k of O tob r 8 -14, 2006 as Fire Pre en t ion Week~ ~ ~lf!lN/-~~ Englewood City Council Agenda /J J... A .. " •. -A--~~ October 16, 2006 LA) l~ '{) 1 Page 2 tYp// 6-D ~ d--i -+-;2. ;_Consent Agenda Items. '/--(!._ I <R-0 ~. a. Approv rdinances on First Reading . Council Bill No. 38 , 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. Council Bill No. 39, approving an Intergovernmental Agreement with the Colorado Department of Transportation for design and construction of a bridge over the Platte River at Dartmouth. c. Resolutions and Motions. i. Recommendation from the Department of Finance and Administrative Services to adopt a resolution authorizing proposed changes and updates to the City 's Investment Policy. STAFF SOURCE: Frank Gryglewicz, Director of Finance and .. Administrative Services . 10. No Public Hearing Scheduled. ~ 11. Ordinances, Resolutions and Motions. a. Ill/ ~64) • Approval of Ordinances on First Reading. i. Council Bill No. 45 -Recommendation from the Community Development '-Gepartment to adopt~ bill for an ordinance authorizing an amendment to an Intergove rnmental Cooperation Agreement with Arapahoe County relative to Community Deve lopment Block Grant and HOME Investment Partnership programs ~ ~OURCE: )«net !:i_nnuoht, Me11s,~ • • • ii. Council Bill No. 41 -Recommendation from the Department of Finance and .. ~ces to approve a bill for an ordinance adopting the 2007 Budget for the City of"Englewood. STAFF SOURCE : Frank Gryglewicz, Director of Finance and~dmin;;~ice~~, ~ . Englewood City Council Agenda October 16, 2006 Page 3 l~f 3 ~/~W iii. ,Council Bill Na 42 -Recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance appropriating the 2007 /,. Al Budget for the City of Englewood . STA~<?URCE: Frank Gryglewicz, Director of ff-(/ Finance and Administrative Services.UYlJ/.J4o M ~ fl J iliv. Council Bill No. 40 -Recommendation from the Department of Finance and f • ii.if!. -lws....-Admmistrative Services to adopt a bill for an ordinance approving the 2006 Mill ~ 64) Levy for collection in 2007. STAFF SOUR~ ~rank Gryglewicz, Director of ..,, ff..,. -V Finance and Administrative Services. 01 ~ v . Council Bill No. 43 -Recommendation from the Department of Finance and J JIAJ7~A ""Adm1nrstrative Services to adopt a bill for an ordinance approving the 2007 Budget /If"%~ for the Englewood/Littleton Wastewater Treatment Plant. STAFf;iOU~C~: !rank f'J~~ ..,,t} Gryglewicz, Director of Finance and Administrative Services.~ tf'f/< , 1._;. {J/ Council Bill No. 44 -Recommendation from the Department of Finance and l•i,,/;~f3'f' Adm1nrstrat1ve Services to adopt a bill for an ordinance appropriating the 2007 I~ Budget for the Englewood/Littleton Wastewater Treatment Plant. STAFF SOURCE: v/r {;; ..-fJ Frank Gryglewicz, Director of Finance and Administrative Services.~ b. Ap~rdinances on Second Reading. 1 2. c. ~ons and Motions. Recommendation from the Department of Finance and Administrati v e Services to adopt a resolution approving a supplemental appropriation in the amount of $75,000 for roof repairs to the ServiCenter. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. ~ ~~·~~ a. Mayo r's Choice . .__-~111 ~~ b . .Council Members ' Cho~~~ ~· C ity Manager's Report. /6">-(/)-..-/t. ~ CV -/(l(J 14. C ity Attorney's Report. 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session October 16, 2006 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:30 p.m. C\1 2 . Invocation The invocation was given by Council Member Barrentine . 10'v 3 . Pledge of Allegiance Cub Scout Troop 172 preser.ted the Colors and led the Pledge of Allegiance . Participating in this event were : Benjamin Yates, James Long, Joshua Shanks , Cody Yates, Doniel Martins, Matthew Edwards, Sam Westra , Dashun Moffatt, Ryan T . Wilson, Pierson Henry, Brandon Hanson , and Nathan Henry. Benjamin Yates carried the American flag, Sam Westra carried the State of Colorado flag and Cody Yates carried the City of Englewood flag . Mr. Steve Yates said thank you City Council , I am the Pack Leader of Pack 172 and this is James Hanson and Steve Westra , leaders w ith our Troop. We would like to honor you with our pack cheer. 4 . Roll Call ~seN1 Council Members Tomasso , Moore, Barrentine~McCaslin, Wolo Present: Absent: None A quorum was present. 5. .v Also present: City Manager Sears Mlnutn City Attorney Brotzman -< )( ~ity Manager Flaherty City Clerk Ellis .J<-J Deputy Clerk Bush .A... Director Gryglewicz, Finance and Admiri.is_trative Services .,;( Fire Marshall Greene, Safety Services .X Housing Finance Specia list Grimmett, Community Development f'o liee Gemmande r Saneher , Safel) Ser"t ices • r 'TOI \)AN Fire Div is ion Operations Ch ief Pattarozzi, Safety Serv ices ~ fY1 lfK_ I<-'c f2.-1 C E,. ('{\ / ~tctlO! L.C u'I- L· ..--(: wv,<..< ....t. ) (a) COUNCIL MEMBER -J0[1!'.V:'.'110VED, AND IT WAS SECONDED , TO APPROVE T HE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 2 , 2006. 0 . C Mayor Wolosyn asked if there was any discussion . There was none. Vote results: ~ Ayes : Council Members Tomasso , Moore, Barrentine , Oakley , McCaslin , Wolosyn, Wolosyn Nays : None . Englewood City Council October 16, 2006 Page2 Motion carried . \\fJc; 6 . Scheduled Visitors (a) Fire Marshal Ben Greene recognized the winners of the 2006 Fire Prevention Week Student Poster Contest. Cherrelyn : Clayton : All Souls : Bishop : St. Louis Maddox Charles Hay Motion carried . 111 Place : Maria Moral{s, 2"d Place : Ashley Cleary-(ennett. 3rd Place : Moira ~ntgomery 111 Place : Joseph Tattone[2"d Place : Laura Johnson(3~1ace : Danyelle Ruggera ._/ 111 Place : Kate Schilmoeller,"200 Place: Eric Timmermeyer , 3rd Place : Anna Pavlakovich ./ 111 Place : Leslie Krening f 2"d Place : Abby Enos, 3rd Place : Cassie Nielsen v 111 Place : Michael Hoeft:1~ Place: Daniel Gibbons(3rd J>lace : John Beckman./ r::,.CJ.., 111 Place : Hunter Mendozad 2 00 Place : Jose Magallane~. 3rd Place : Bryant Foster--,"-' 111 Place : Ruben Rivas , 2" Place : Brady Tr~s. 3rd Place: Noah Stanley-Huff v p,;i) (b) A proclamation declaring November 1, 2006 as National Literacy Day in the City of Englewood was considered . /. COU NCIL MEMBER . \ L, OV ED, AN D IT WA S SECO NDED, TO APPRO VE A PROCLA MATION DECLARI NG NOV EMB ER 1, 2006 AS NAT IONA L LITERACY DAY IN THE CITY OF ENGLEWOOD . . { L,, l Englewood City Council October 16, 2006 Page3 Ayes : Council Members Tomasso , Moore , Barrentine , Oakley , Mccaslin , Wolosyn , Nays : None Motion carried . \U~ (c) A proclamation declaring the week of October 8 -14, 2006 as Fire Prevention Week was considered. COUNCIL MEMBER'\ 5YAA~ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING THE WEEK OF OCTOBER 8 -14, 2006 AS FIRE PREVENTION WEEK. , -0 Ayes : Council Members Tomasso , Moore , Barrentine , Oakley , Mccaslin , Wolosyn , \O ~ Wifiif: f"t. /X O r Nays : None lf"' ' Motion carried . Mayor Wolosyn presented the proclamation to Fire Marshal Ben Greene. 9 . Consent Agenda ~6 (a) Approval of Ordinances on First Reading ~ There were no additional items submitted for approval on first reading . OJ U (b) Approval of Ordinance,on Second Reading \o ., COUNCIL MEMBER UkvGUNtl "if MoVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (b) (I) AND (ll~l;ILIANJ&, ~ ~ (cJ (i) (i) ORDINANCE NO . =· SERIES OF 2006 (COUNCIL BILL NO . 38 , INTRODUCED BY COUNCIL MEMBER WOODWARD) 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. (ii) ORDINANCE NO. 31 , SERIES OF 2006(COUNCIL BILL NO . 39 , INTRODUCED BY COUNCIL MEMBER WOODWARD) A N OR DINAN CE APPROV ING AN INTE RGOV E RNM E NTA L AGR EE M E NT W IT H THE COLORA DO DEPARTMENT OF TRANSPORTATION FOR DESIGN AND CONSTRUCTION OF A BRIDGE OVER THE PLATTE RIVER AT DARTMOUTH . Vote res ults: Ayes : Nays : Motion carried . Council Members Tomasso , Moore , Barrentine , Oakley , Mccaslin , Wolosyn , .,, , ;a. Non e (c) Resolutions an d Motions ~~~A~~Vi GQHSE NT--AC2N!)A -~1c)itf." (i ) RESOLUTION NO. Ji, SERiES OF 2006 Englewood City Council October 16, 2006 Page4 A RESOLUTION AUTHORIZING PROPOSED CHANGES AND UPDATES TO THE CITY'S INVESTMENT POLICY. Vote results: Ayes : Council Members Tomasso, Moore , Barrentine, Oakley , Mccaslin, Wolosyn , Wiiiii;h Nays: None Motion carried . 10 . Public Hearing No public hearing was scheduled before Council Regular Agenda Approval of Ordinances on First Readin~ , 1 J... c1\~t0S-h ·n (i) Housing Finance Speci~ e GriR·.u::i:iett presented a recommendation from the (a) Community Development Department to adopt a bill for an ordinance authorizing an amendment to an Intergovernmental Cooperation Agreement with Arapahoe County relative to Community Development Block Grant and Home Investment Partnership programs for 2007 through 2009. \~ A COUNCIL MEMBER Lu cu ilu~\reD, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 45. ,,.. , f°iUNCIL BILL NO. 45 . INTRODUCED BY COUNCIL MEMBER I DoDclto a 1 {! \r(¥l., u {o W A BILL FOR AN ORDINANCE AUTHORIZING AN AMENDMENT TO AN INTERGOVERNMENTAL (\; COOPERATION AGREEMENT WITH ARAPAHOE COUNTY RELATIVE TO COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAMS FOR 2007 THROUGH 2009 . Vote results: Ayes : Nays: Motion carried . Council Members Tomasso, Moore , Barrentine , Oakley , Mccaslin , Wolosyn , l1 I I J None \~ ~ (ii) Director of Finance and Administrative Services Frank Gryglewicz presented a \ recommendation to approve a bill for an ordinance adopting the 2007 Budget for the City of Englewood . /." -( C' COUNCIL MEMBER \ t) ';)>MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) -\•fll) • COUNCIL BILL NO. 41. J~ '11 r~ l COUNCIL BILL NO. 41 , INTRODUCED BY COUNCIL MEMBER+{ vua L) X ) A BILL FOR AN ORDINANCE ADOPTING THE 2007 BUDGET FOR THE CITY OF ENGLEWOOD. Vote results: Motion carried . / Ayes : Council Members Tomasso , Moore, Barrentine , Oakley , Mccaslin , Wolosyn , ,,. j Nays: None (iii) Director of Finance and Administrative Services Frank Gryglewicz presented a recommendation to approve a bill for an ordinance appropriating the 2007 Budget for the City of Englewood . Englewood City Council October 16, 2006 Page 5 Q \ COUNCIL MEMBER ·f )!)'UL~--10~ED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) \Q' (~(111)-COUNCIL BILL NO. 42. ~~ftJ COUNCIL BILL No. 42. INTRODUCED BY COUNCIL MEMBER T0v11a :1 .>Z-1 A BILL FOR AN ORDINANCE APPROPRIATING THE 2007 BUDGET FOR THE CITY OF ENGLEWOOD . Vote results: Motion carried . Ayes: Council Members Tomasso , Moore, Barrentine , Oakley , Mccaslin, Wolosyn , ,, I ; 1 Nays: None -~:> (iv) Director of Finance and Administrative Services Frank Gryglewicz presented a __ ['.. {Yl j 11 '::. \?;,"j recommendation to approve a bill for an ordinance approving the 2006 Mill Levy for collection in 2007 . '.::> .Ss . ' . ~ /l ~ ,--+~r~ COUNCIL MEMBER . \ l)Y)\ffi: . MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Iv) -COUNCIL BILL NO. 40. YI o ~~ouNc1L BILL No. 40. INTRODUCED BY couNc1L MEMBER "'"IvYl\.fls-s .- \V~ A BILL FOR AN ORDINANCE APPROVING THE 2006 MILL LEVY FOR COLLECTION IN 2007 . Vote results: Motion carried . Ayes : Council Members Tomasso, Moore , Barrentine , Oakley , Mccaslin , Wolosyn , '3 I I ; ;; Nays : None (v) Director of Finance and Administrative Services Frank Gryglewicz presented a \\.\ recommendation to approve a bill for an ordinance approving the 2007 Budget for the Engle_xood/L~ton Wastewater Treatment Plant. ' ~ COUNCIL MEMBER'\ blf'f\Ct:>~vED, AND ITWAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (v) -COUNCIL BILL NO. 43. COUNCIL BILL NO. 43, INTRODUCED BY COUNCIL MEMBER :I7> )I)/) ll ?), '£) A BILL FOR AN ORDINANCE APPROVING THE 2007 BUDGET FOR THE ENGLEWOOD/LITTLETON WASTEWATER TREATMENT PLANT. Vote results: Ayes : Nays : Motion carried . Council Members Tomasso , Moore , Barrentine, Oakley , Mccaslin , Wolosyn , '.! IS J None Sc:; (vi) Director of Finance and Administrative Services Frank Gryglewicz presented a recommendation to approve a bill for an ordinance appropriating the 2007 Budget for the Englewood/Littleton Wastewater Treatment Plant. -r--< 1 COUNCIL MEMBER _·_....\_( __ ICVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (1) (vi) -COUNCIL BILL NO. 44. Englewood City Council October 16, 2006 Page& COUNCIL BILL NO. 44, INTRODUCED BY COUNCIL MEMBER .(C Y)1({_0 ') -) A BILL FOR AN ORDINANCE APPROPRIATING THE 2007 BUDGET FOR THE ENGLEWOOD/LITILETON WASTEWATER TREATMENT PLANT. Vote results: Ayes : Council Members Tomasso , Moore, Barrentine, Oakley , Mccaslin , Wolosyn , 15 S}R Nays: None Motion carried. (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 9 -Consent Agenda.) \ ~ \ (c) Resolutions and Motio~s COUNCIL MEMBER 1 uVY\:X ::{:~dVED, AND IT WAS SECONDED, TO APPROVE A SUPPLEMENTAL .,O APPROPRIATION IN THE AMOUNT OF $75,000 FOR ROOF REPAIRS TO THE SERVICENTER. VJ (i) RESOLUTION NO . 0 U , SERIES OF 2006 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $75 ,000 FOR ROOF REPAIRS TO THE SERVICENTER. Vote results: Ayes : Council Members Tomasso, Moore, Barrentine , Oakley , Mccaslin , Wolosyn , ... I S Nays : None Motion carried . 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn _... IM31 Council Members' Choice (b) ,si1 (i) QC Council Member Barrentine : ' --M ( 1oe, t ,ft., , 1L,{_/ 1Y\ • ku ,\ t \ ::-f1 (ii) Council Member Mccaslin : r\ (y , 1 ,1~'1 (i ii) Council Member Moore: ''{/(_ Englewood City Council October 16, 2006 Page7 (iv) Council Member Oakley : a)o~11-A-- Ci&y 4.UeFRey iFee"'a"' did not have any "'etteFe te eriAg hefere Cot1l"leil. 15 . Adjournment ~AYOR WOLOSYN MOVED TO ADJOURN . The meeting adjourned at ~; if-l p .m. City Clerk pc-6+ p c,Y1 e.