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HomeMy WebLinkAbout2002-10-07 (Regular) Meeting Agenda Packet.,. -- ) ' . ·• , .... .. .. .. .. ·• • • ' ... .. . . ,. I .,. 0 • • • •, . . . ,. t ••• . '· I . .. . .. .. "" .. . ' . . . .. : .. .. ~ . ~ \· '~\ . . . t • ·i "' ·• ' . ... ")_ ·:. ·~, .,-:-... .. . .... . ~ . ........ . ~ ·. .~. ---:·:...: ·_..; .. ' ............ ,· . .. Regular City Council Meeting Oc tober 7, 2002 ,,., r, ;Yo 1-,/(,. "· , .. "· "· " Reso f~~ ~ ~,)1f, 92, 93, 94, 95, 96, 97 '. • .. • \, • •• 0 . • • .I-, • t ., ,• •! 9· • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COWRAOO Reaular Sea1oa October 7, 2002 I. CaU to Order The regular meeting of the Englewood City Council was called to order by Mayor Bradlbaw at 7:33 p.m 2. Invocation The invocation was given by Council Member Nabbolz. 3. Pled1eofAllepaace The Pledge of Allegiance was led by Mayor Bradlbaw. 4. RoUCall Present: Absent: A quorum was present. Council Members Nabbolz, Grazulis, Garrett, Wolosyn, Yurchic:k, Bradshaw Council Member Moore Mayor Bradshaw advised that Council Member Moore bad a death in his family, so be is 0111 of state. Also present: 5. Minutes City Maoaaer Sean City Attorney Brolmlln A11istant City Mauger Flaherty City Clerk Ellis Director Olson, Safety Services Director Gryglewicz, Finance and Administrative Services Director Black, Parks and Recreation Golf Coune Manager Spada Housing Finance Specialist Grimmett Senior Planner Langon, Commmity Development (a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MUTING OF SEPTEMBER 16. 2002. Mayor Bradshaw asked if there were any corrections. Tbere were none. Vote results: Ayes : Nays : Absent: Motion carried. Council Members Nabbolz, Garrett, Wololyn, Yurcbick, Oruulil, Bradshaw Nooe Council Member MOOR En1lewood City Council October 7, 2002 Pa1e2 6. Scheduled Vlslton (a) Director Olson said it is a pleasure not to talk about police issues for a while. We are going to talk about fire division issues and this is a real honor for me to introduce tbete gentlemen. He asked that Jason Hehn, Roman Rede and Brian Baker come forward. These three gentlemen, be said, represented the Englewood Fire Division, and of course this City, in Firefighter Days down in Castle Rock back in August. Essentially, they were part ofwbat is called the Firefighter Combat Challenge. You may have seen it on TV, he said. It is part of our regular evaluation and training process. Even though there were only three of them they decided to participate in the five-member relay team. So they coq,eted against several other five-member teams, came in fourth place and they were offered the chance to go to the World Firefighter Combat Challenge, which is coming up later this month. Director Olson stated they did a great job. Firefighter Baker said, as Director Olson explained, we are a three-man relay team and we did qualify for the World Challenge. To qualify, you have to do all five firefighting tub in under two minutes. In response to Mayor Bradshaw, Firefighter Baker explained that the tub involve a five-story tower. You run up the tower with a 45-pound hose pack on your shoulder, in full bunker gear, with SCBA. Then from there we hand off, and a member hoists a 45-pound donut roll up the five stories with a hand over band rope motion. We then run back down and do a forcible entry simulation, which is a 165-pound forcible entry simulator. After that we run through a series of fire hydrants and drag a 220-pound charged hose line 75 feet and knock down a target. And from there, the big task is to drag a 175-pound rescue dummy, 100 feet to the finish line. And that all has to be done in under two minutes, which we did with three members in a minute forty-three and we took fourth place. Council Member Nabholz offered her congratulations. Firefighter Baker stated that they appreciate Council's support and letting them participate. And, be said, we appreciate your time here tonight. He thanked Council. Mayor Bradshaw thanked Firefighter Baker and wished them good luck. The firefighters were given a round of applause . (b) Eugene Norman said I read the President's speech tonight and I it very intaesting but I feel war is not our answer. Perhaps diplomacy properly employed could be, be said. Reading from a prepared statement. he said it is not my intent to place blame relative to our collective problems. hut to seek solutions along with each of you ... synergetks in action . The quicker we can do that, the better our chances of survival both as a nation and as individuals. The present implies fututt potential action. In the past, action evolved via approllimations, we simplified matters by nqlecting factors we felt unimportant. Some of those quantities, which we dilreguded in the past, must be brought back on line and integrated. For anything to happen it requires a difference in levels of energy, a change in our thinking. The following is an eumple of what. in part. I wish to present . In human evolulion, television is a relatively recent phenomenon and nay be perceived as an entity unto itself. It is, in a sense, quite amnesiac and dyslexic and crl'ates the same syndrome within the collective persona of its viewers. It naast be obvious that TV is funckd and controlled and, therefore, dictated to by a corpcnte network ofbia oil, peuocbemicala. goverrunem. tobacco , pharmaceuticals, insurance, automotives and ocher induslries. Money for the sake of money and not mtelliaent and common sense decisiom. If our Presidenls focus on evil is valid. could Ibis not be mdicative of that evil? The hypnotic and dyslexic aspect of TV, if not ahered. can dnlroy yw. Rl'al lifl' is not a picture show. nor can lnle democracy reaain a plUIOCracy of coq,onae COlllnll. We, u Ammcans. have bem lric:ked out of our dl'mocncy by fall la1ken becked by the otipn:lly of popolilical aptlalwn. w, -tao beyond the cCllllempC they have sboWII for the peaplc and aea a silualioa, "'htttm the domestic auditnce b«omn not just viewas, hul pan of die IClion OIIIOlnsically . Wonk -y • • Enatewood City Colllldl October 7, 2002 Pa1e3 become deeds only if acted upon by those here tonight. Revelation means disclosure. The First Amendment need not become a big joke. The far right majority of the Supreme Court along with the theocracy of the Christian ultra right and the censonbip ~ by telejournalists IDUlt be brought down by the people of this country. The infringement by the media cartel alone upon democ:ncy is no leu than pathetic. Rather than presenting intelligent, colllllUctive ideu and potential BOlutioas for our democratic illumination, we are fed coiporate ads, sports and weather . The liberal media, it turns out, is not democratic at all. Nor is it really liberal. The sheep and wms in this country must grow up and become rams if we are to survive in future time. We have all cootnbuted to the formation of apecial interest groups and big money; it is time that they began contributing to us . Let III form a special program on prime time television, in combination with the Internet, dealing with possible solutions and vote, as a nation, OD thole solutions, a true test dealin& with democ:ncy. We will then live that to the govemD*II for further action. The government IDUlt become more mpomible to the people. Our danaer is not where -are lookina, but where we are not looking. Israel, Islam and Christianity nast understand, for our collec:tive -n beina, that the old god oran eye for an eye" nmst be discarded, thrown into the garbage heap of the put. The god of foraiveneA and coaq,usioo must be enacted. Properly understood, the war in the Holy Land is a war OD the self and nmst be overcome for the sake of world peace. Goel may be aeen u a reflection, an image that we produce in our actions. Intelligent action produces or imnifesta an inlellip Goel. P-dlinking c:reaies feanome action. Came and effect incamate. It's that siq,le. In final ..iysil, it becomes obvious and breaks down to the fact that -are no nae than imaae to ourselves and each other. Whether created by Goel or ourselves it becomes a moot point. Their remains an unseen order and our supreme aood includes rightful relations to it, since it bu psychological. physical and monl iaJllible efl'ectl which, in the end. we are forced to deal with to ill ultimate conclusion. In retro1peC1, I wiab to re-empbaaize the fact that by acting on my ideu relating to national re-forestation and man-made aquifen, we will not only benefit future aenerationa, but ourselves u well, by llimalatin& the economy, creatina new jobs and brinpla nature back to a balanced system similar to, 111d even aaperior IO the oae that exialed prior ID the invuioo of the white man in this country. The other choice yaa have ii a desert in the not 30 ID 50 yean, or lea. Thank you . Mayor Bradshaw thanked Mr. Norman. 7. Umclleduled Visitors (al An Emison, 5S64 Soulb Lee Street, Littletoa, said I am back apin, after several yean, addressing the Council and ukinl for help. I'm havin& ~ COlllimally with my clevelapmnil of my property and l 'm ultin& for some help from Council . I would like 10 tee if I could eslllbliab a meetina with Council, hopefully on site, IO present somr ofmy issues. I believe the iaa are beina miwepewntecl and mishandled by staff. I'm panicularly having aoublc in the area of-... and code~ So I'm, of course, not prepared IOlligbt IO present, in the shon time allocllled 10 -· Bui if I CIIII F' -time I can come and present my isaun. I do bel~ it -.Id be beaer if-caulcl be oa site, bal wlwever, I do have reall y thousands of pictures of the isauc IO -can do whatever needs IO be ~-l'mjult NCkims help from Council. I have not, be stated. in Kven yean, S11Cceeded in aettilll uy ltiad of wwbble raolulioa. Mayor Bradshaw asked ifthett Wfft' any questions for Mr. E--. Thele -.e -· She advised Mr. Emison that Council would take it under adviscmrut. Mr. EmiMm thanked Council. Mayor Bradshaw thanked Mr. E-. (b) James C. Mobley, 378S South c:heroue. uid I_._ llln widl a odd....._ We have been driving by the Sltmitt House and tryiaa IO fi.t GUI no -could~ ... poai1lly buyias it. I bad been told once that it beloapd IO Enpcwoocl ..S I clilll 't bdleve it. Bui I saw a Oyer ad I did make a proposal. It bu been lllllminlNI. lit said. .._... I ._., It.w ifc-il Ml -it ,-. I mW_, Council earlier and wu lOld that you me c---. ""1111 • • I TNI ....... I .-Id lib ID .. you not 10 \·otc lo demolish it, 11 least IODlpl. He asked M C-il pve a bale time. Mr. Mobley 181d a Eapwood City Couadl October 7, 2002 Paae4 gentleman showed us the imide of the house this morning and I have beard two figures, but be told us ii was $135,000 for the property. We also heard earlier that it was $127,000 for the property. He noted that, through Colorado Praervation, I made an offer of $50,000. I want the house for myself, for cur home. I understand they have proposed to Council that Council delay this demolition for six months to try to work something out. I was told, at least IS of Friday night, that we were the only one that made a proposal to buy it through this setup. If you decide not to go that way, I would stiU wge you to delay the vote to demolition and give me a chance to negotiate directly with Englewood on buying the house for myaelf. He said if - get it through this setup, -would more or less have to let it be shown as the home of the originator of Englewood, especially during the centennial year. But that is not my intention, especially if I CID negotiate directly with Englewood and not pay a full price for it, then I would consider it mine really to do with IS I pleased. I would be willing to put a sign out front delcribing the property and the biltorical ICttiaa, but - would not be willing to allow toun. So whichever way you go, be laid, I hope I get a cbaace at it. We have been trying to for three months, he said, and I couldn 'I believe that the City of EnaJewood owned it. Mayor Bradshaw thanked Mr. Mobley. Council Member Grazulis asked Mr. Mobley, when be toured the house this morning. if they provided masks . Mr. Mobley said no, we didn't ask for any masks. There is waler damage, be said, but that'• nothing. I'm not worried about the old houses, be said, and if you're 1alking about asbestoa, I'm not the sJiabteat bit worried about it. He asked if lbeR were any other questions . There were none . Mayor Bradshaw thanked him. In respomc to what youj\111 pn>pOled, Mr. Mobley, we have asked staflto talk to Colorado Praervation, Inc . and they will get back to us next week. We're aania& oegociatioaa with them to get the property to them, if-CID strike a deal . That's where it is right now, she said. Mr. Mobley said I'm sure they will present my proposal IO you. Mayor Bradshaw said okay and she tbanbd Mr. Mobley. (a) A proclamation declaring October 20 through 26 as World Population Awuenea Weck was considered. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO DECLARE OCTOBER 20 THROUGH 26 AS WORLD POPULATION AWARENESS WEEK. Motion carried. Ayes : Council Members Nabbolz. Ourett. Wololyn, Yurc:hick, Gnzulia, Bradshaw Nays : None Absent: Council Member Moore (b) A lener from Ken Pub indicating his resipatioa from tbe PI--.11111 l.oaiaa Conunission was considered. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SICONDED. TO Ace&n nR RESIGNATION OF KEN PARKS FROM THE PLANNING AND 1.0NING COMMISSION. Council Member YIU'Cbick said be bad a quatioa. Does ID)'Olle bow wbat -... on? After --. this le ner, it sowxb like there was more underlying here lllu jult IOIDlbocly ...-.. Enpewood City Council October 7, 2002 Pa1e5 Council Member Nabholz said it was in the minutes the month before. City Attorney Brotzman explained that it was in regard to attendance . Vote results: Ayes: Nays: Absent: Motion carried. Council Members Nabholz, Garrett, Wolosyn, Yun:hick, Grazulis, Bradshaw None Council Member Moore • •••• Mayor Bradshaw stated the next three agenda items are appointing an alternative member, Kent Dielaneier, to the Planning Conunission, a resolution appointing Robyn Williams to the Liquor Lic:cDSiug Authority and a resolution reappointing Edna Blair to the Code Enforcement Advisory Conunittee. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 8 (c), (d) ud (e). ! (c) RESOLUTION NO. 87, SERIES OF 2002 A RESOLUTION APPOINTING KENT DIEKMEIER AS A MEMBER OF THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD. (d) RESOLUTION NO. 88. SERIES OF 2002 A RESOLUTION APPOINTING ROBYN WILLIAMS TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . (e) RESOLUTION NO. 89, SERIES OF 2002 A RESOLUTION REAPPOINTING EDNA BLAIR TO llfE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . Vote mutts: Ayes : Nays : Absent: Motion carried. Council Members Nabholz, Garrett, Wolosyn, Yun:hick, Grazulis, Bradshaw None Couocil Member Moore Mayor Bradshaw prescllled Kena Dielaneier, Robyn Willium and Edna Blair with 1beir Certificate of AppointmcDl and a City pin. Mayor Bradshaw expressed her thanks to them for takinc lime IO ICIVO lbeir community. 9. hblk Hnrilla (a) Mayor Bradsha.., advised that 11m Pllblic Hearurs, to pdler public ill"III on die Cily of Engle~'OOd 's 2003 Buclae1. isac-111t-ofdie PublK "--aofScpeember 16 ... u02. En1le,1•ood City Council October 7, 2002 Pa1e6 COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER PUBLIC INPUT ON THE CITY OF ENGLEWOOD'S 2003 BUDGET. Ayes: Council Members Nabholz, Garrett, Wolosyn, Yurchiclt, Grazulis, Bradshaw Nays: None Absent: Council Member Moore Motion carried and the Public Hearing opened. Director Gryglewicz, duly sworn, provided the City Clerk with Proof of Publication of Notice of the Continuation of Public Hearing, which was originally held on September t 6•. He advised that this notice was published in the Englewood Herald on September 20, 2002. He stated that this is a Public Hearing to gather input on the City of Englewood's 2003 proposed budget. Mayor Bradshaw asked if there were any questions for Mr. Gryglewicz. There were none. Mayor Bradshaw asked if there was anyone in the audience who wished to address the City Council about the 2003 bud et. There was no one. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING •TO GATHER PUBLIC INPUT ON THE CITY OF ENGLEWOOD'S 2083 BUDGET. Ayes: Council Members Nabholz, Garrett, Woloayn, Yurchiclt, Grazulis, Bradshaw Nays: None Absent: Council Member Moore Motion carried and the Public Hearing closed. (b) COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER PUBLIC INPUT ON COUNCIL BILL NO. 45, AUTHORIZING A SEWER RATE INCREASE. Ayes: Council Members Nabholz, Garrett, Woloayn, Yurchiclt, Gruulis, Bradshaw Nays: None Absent: Council Member Moore Motion carried and the Public Hearing opened. All witnesses were duly sworn. Director Fonda presented Proof of Publication of Notice of Public Hearing, which was published in the Englewood Herald on September 20, 2002 . The sewer rate increase has been discuaaed at a Study Seuion with the City Council, he said, and it has been published in the Englewood Herald. A small anicle about the proposed increase was also published in the Englewood Citizen. We prepared and distributed, in the Library and other locations, an information booklet on the proposed project, which require& this increase . By way of background, he said, we are requiring a major expansion of the exiatina facilities and the construction of additional treatment processes. The proposed rate increue will .-y for increued coats resulting from these requirements . The new COlliUUCtion is neceuary to accommodate recent denitrofication requirements imposed by the State Health Department. Additionally, the South Plane River has recently been reclassified as a recreational Class One river, which requirea increued patbogen destruction . The Plan Expansion portion of the project is the result of the rapid growtb in the area aerved by the plant. He pointed out that the growth has nearly doubled the projeca-..ct liace die last expansion. The Project is currently beina desiped by Brown and C.W-11 c-ltias Enp.n. It is estimated that the total cost of the project will be S 110 millioa. of which Euclewood will be rapomible for 55%. Design should be co~leted by the tint quaner of 2004 and at dial tum bida abould be ieceived for t • • En1lewood City Council October 7, 2002 Pa1e7 construction. Construction is expected to take about three yean. In order to finance this construction, the firm of Black and Veatch was retained to analyze financing alternatives. It was determined that a bond issue in the range ofSSS million to $60 million will be needed. It is proposed that this issue will be concurrent with the receipt of the bid in 2004. Sewer rates will need to be increased to pay the principal and interest on the new bonds. Black and Veatch is currently projecting that a rate increase of20% is currently needed to show adequate coverage on our existing debt prior to issuance of the new bonds. On the iasuance of the new bonds, they are projecting rate increases of 13% to I 5% for the next four years after that, to meet coverage requirements on the bonds. I have Mr. Gallager here, be said, to present additional information on his calculations and what he has found. John Gallager, with Black and Veatch Engineers, said I have been responsible for the Wastewater Rate Study. We have published a brief report and distributed it to Council and I would like to go over jlllt 10me of the highlights of our study with you . We'te recommending that you increase wastewater rates in 2003 by 20"Ai. This is the first rate increase that you've had since 1982, 10 that is 21 years that these rates have been in effect. That's a very long time for utility rates to be adequate, he pointed out. The reuoo for the rate increase is that, without this increase, we 're projecting a llhortfall, in the ability of revemies from rates to meet projected expenses in 2003, of about $800,000.00. Additionally, we 're projecting that you will not be able to meet your OUlltallding revenue bond covenants without tbi1 rate increase, IO we believe this is necessary. As Ditector Fonda indicated, additional increase, are being projected in the future and these will acconunodatc aerving the debt on the propoaed bonda for the propoaed facilities. The 2003 increase will result in a quarterly increaae in residential billa of$3.63 per quarter. We aiao looked al your current tap fee. Your tap fee is $1400.00 per equivalenl residential unit We are not fom:utina the need for a change in that at this time, however, we are recommending that after you know what the com are of your proposed facilities, that you reanalyze that tap fee to be sure that it is adequate. That coocludes my remarks, be said. Mayor Bradshaw asked if Council bad any quntiom for Mr. Gallager. There were-· A. C. Anderson, 3900 South Galapaao, said, I'm not aclinl to take up very much time be:.-dllle is another gentleman here that is better armed to talk this eveniJ1a than I, but I bappeoed to read iD the Englewood Herald an article concemina the Yt'Utewaler iq,rowemellll and iD that they qua4lld a (IOIIUlalioa that kind of staggered me. I wu juat wondering, he said, if £nalewood is supportina Hipludl Ranch colllllNllities on our wastewater facilities . Now, I undmtand that Litdeloa baa a WUleWatcr licility of their own . Mayor Bradabaw .advised that it is joint facility; it is the Eqlewood/Littleton W.._ter Treatment Plant. Mr. Anderson asked ifl:his is in conjunction with IOIJle of the residnla of Highlands Ranch . Mr. Fonda stated, no, Highlands Ranch has their own treatmenl plant but we do, however RrVe a large region. We are a regional plant and we serve evcrytbin&, rouply, from the Valley Hipway ID the foothills south of here, except Highlands Ranch. Mr . Andenon asked if the rates are allo loina up b everybody who uses this facility . Director Fonda said yes. Became, Mr. ~ said the licure that I saw was phenomenal and I know Enslewood is a captive city . We can'I pow that much from the f-aures that were in the newspaper. Mr . Fonda replied, lhat is lnle, we do aerve a populalioa iD the ranp of 250.000 to 275.000 people in that area that I described. Mr. Anderson said I thouJbt tt.c fipre in the paper was 300,000 and I jull woedered where cu - addition was . That answers my qunrioo. be said, 10 I'm aoina ID &uni it -ID lbe ,..ae-who follows me on this issue . He thanked Council. Mayor Bradablw tballbd Mr. Aadenm. Gary Dounay. 444.5 South Elati Street, said tint of all I WUI ID tlilak Mayor Bndllilw and the Council members for the Oflll()ffllllity to provide a few comnwnts OIi this . Actually, be said, -dlu ~ I have que stlOIIS. As you know, accordmt ID articles and a Public Notice pubtiabed ia die EaaJewood Herald. the City is propoa ... ~ -in the rain. Bui._ ialaraalicia tat I lllw _, be mcoq,ltte. he said. bccw all I have II whaa II publlllled ia die -J If u . So. Ill aid. pllaa, bw widl me . MOSlly what I have are qunlJOM -than~ 8-d oa lbe iafonnllioa iD the 111iclea. it En&lewood City Council October 7, 2002 Pace8 appears, when I go through and calculate my rate, that over the next five years ... al the end of five years, my rate will have increased 117%, because there arc annual increases in addition to what there is for the year 2003 that we just heard about. But when one looks at the total breakdown of the costs, as published in the paper, it said that 51% of the total cost of the project is to increase the capacity for the treatment plant. One of the articles includes a quote from Mr. Fonda indicating that the treatment plant serves 300,000 residents in Englewood/Littleton and the south metro area. Now, according to the U.S. census data, I see that Englewood has a population of 31,727 people and Littleton has a population of 43,580 people, so that means the sewer plant provides services to 224,692 residents outside Englewood and Littleton. And the service population outside the cities of Englewood and Littleton is 2.98 times greater than the combined population of Englewood and Littleton together. In other worda, roughly three times the rate is for outside the city itself. So, the question I have is, what is the advantage to the Englewood residents to be providing sewer service for people outside Englewood and Littleton? That is the fust question for your consideration. Secondly, if I go to the notice that was published in the paper, you see this little chart of the schedule, Schedule A. It appears, according to Schedule A, that in some cases Englewood residents could be paying more than people outside the City for the sewer services. For example, the minin:um quarterly charge for a single family dwelling in Englewood is $21 .78, according to this schedule. But the minimum quarterly charge for a single family dwelling outside the district, as listed in Schedule 4 of this piece, is $20.16. So that raises a question. I really don't understand that piece or the schedule where they have it broken down by the types of dwelling ... whether it is single family home, mobile home, apartments or whatever. And so when one looks at the census data, you sec that Englewood has 2.17 persons per household. This means we have a lot of houses with one or two persons per home. But this, to me, seems easily comparable to what you would expect for an apartment or mobile home. So I'm wondering, is ii fair and equitable to charge a single family dwelling more than a mobile home or an apartment as indicated in Schcdulc A? Mayor Bradshaw asked if be wanted thcsc questions -wcrec1 ooc al a time . Mr . Dounay said no, I just want to throw these out. Mayor Bradshaw said, OK, because Mr. Fonda is ready to answer. Mr. Dounay said no, let me go through all of them first. Mayor Bradshaw said okay. Mr. Dounay said that the cwrcnt census data also indicates there arc 2.53 pcrsons per household in Arapahoe County. So if you look al this and coq,ue that against what you have for Englewood, Ibis means the sewer rates for Englewood residenls, outside Engl.:wood should be greater than the ralel for Englewood residents, bccaute, obviously, thcsc households outside of Englewood arc going to gcaentc more volume of sewage than we will, if you follow this drift. More people, more sewqe. That's jual the way it goes. So it just docsn 'I seem to add up accordiJI& to what they have here. Therefore, if one lakes all this information into consideration, the way I figure things ... and I woa 't act inlD all the nitty-pitty details ... but just get to the bottom line, the way I figure it, the per houscbolcl incrcue for Englewood residents should be less than $50.61 per year based on the estimates for tbia population at the end of year 2008 . This estimate, by the way, docs not take in to consideration the industrial. commercial and hospital charges to the sewer plant. that should further decrease what the residential rate is . But, be said, $50.61 is a whole lot less as a projected cost for 2008 than the $ I 53.<lO per year that it would be in 2008, based on my current understanding of all this . One other question I have, he said, is that after the sewer plant llp8l1ldcs arc completed, will the sewer plant rate remain at the same rate as charJcd in 2008 or will it decrease when the bonds arc paid off! If the rate remains the same as 2008, then what is the lope for this and bow will this money be used"? So all things considered, be said, it appears that the public sewer fimd rate scbedulc is not fair and cquitsble to the Englewood residcnu, and there appears to be some ambiguity in the ordinance with respect to the sewer rate once the bonds arc paid off. So based on this, I would CIICCIUra&e you to not approve the rate schedule as it is published and if you 're interested, I'd be &lad to ao tbroup the details of my estimates and answer any other questions that I can, but mo&dy, I have qllCllions for you . He thanked Council. Mayor Bradshaw asked ifhe would you like ans•'Cfl to somt of thole questioaa . Mr. Dolmay said wby don't we wait and see if other people have somt of the same questions and then -c:111 do them all at the samr umr. Mayor Bradshaw said ol..~y. t • • Enctewood City Council October 7, 2002 Pa1e9 Bruce Goold, 3013 South Ogden Street, said I am a 20-plus year resident here, I grew up in Littleton, I'm from this area. I would like to echo some of Mr . Dounay's sentiments, in that it seems like it IUJIOUnts to a subsidy for the Littleton residents, since our growth is pretty much non-existent. So therefore, the people in Littleton arc going to be benefited. They arc not part of our tax base. lsn 't that correct? So, be said, I don't see the benefit that Englewood is going to get from this. It's not any increased son of benefit that I can see, in any way, shape or form. I'm not familiar with the whole area. I didn't see the article in the Herald and I'm not familiar with the geographic area that this cncoq,asaes, be said, but it really doesn't seem to be an equitable arrangement for us to subsidiu Littleton in their growth plana, when we arc not. I have some other concerns about fresh water in general, that I probably should have addressed earlier, but this is the first time I've been here. Mayor Bradshaw said that is okay. Mr. Goold said it is kind of bard not to talk about wastewater without addressing fresh water, in my mind. I'm not sure, be said, do we share our fresh water, our drinking water supply with Littleton as well? Director Fonda said no. Mr. Goold said I just think l 'm surprised that there arc so few people here today about this u it seems like a very important issue. The amount seems small, but if this is going to set the precedent for later increases, based on Littleton's growth, then obviously, I think it is something you all should maybe consider. It's going to be a larger issue, be said, and I think more people arc going to take it more seriously in the future. He thanked Council. Mayor Bradshaw thanked Mr. Goold. Council Member Garrett said I think we should address some of the more global issues from here and then we can defer to Director Fonda for some of the other issues. But, be said, I'd like to l1art with some preliminary statements i>n some of the questions that have been nised. Finl of all, you have been a resident for over 20 years and it ii quite remarbble you haven't bad any~ in aewage rata in 20 years. Almost everything else bu gone up dramatically. And the reuon for that, be said, ii that there wu a decision made by the City fathers, some time ago, that efficiency and IClle -a better way to provide sewage treatment. Littleton bad their own facility at one time . It was decided that when you arc buying a bunch of chemicals in bulk, for c~le. or doing a bunch of construction, bulk ii a lot cheaper than having all these individual plants. And when you talked about subsidies, I mean you could make the arpment that we have been subsidiud, because the new growth is paid for by tap fees. And over the yean since 1982 ... and you'll have the specifics, which I don't ... but we have collected about S20 million in tap fees, which is for that new growth. Also that occurred in Englewood u well u OU1lidc of Ena)ewood. That money is helping, u we arc using that money now to suppon the bonds, which ii not a part of the rate increase. So that's part of the reason why this Council ... wben we bad the facta ... bad to look at it carefully. Yes, we arc going to see a huge increase. A lot of that is coming from regulation and unfortunately, in this environment, the regulations will continue. Whatever comes out of Wahington will help dictate how future rate increases will go with that . So I think we have examined that to make sure that the citizens here are gening a fair bargain. from a global perspective, on the subsidization issue and we have enjoyed certain economics of scale over the years, which is one reason we have not bad to increue rates for 20 years, which I find remarkable. When we looked at the scales, and we actually see our increases in rates to our citizens, we arc still going to be at the low end in 2008 . Vis-a-vis what other people arc paying for wastewater treatment today . Assuming they have no increases, we are still going to be at the low end. So I think that is one of the advantages we looked 11. Now, be said, u far u the specifics, I'll have to defer to Stu Fonda . Director Fonda said I would like to make several comments. First it ii difticuh for someone radin& all of this in the paper to pull out all of the details. Mayor Bradshaw said ablolutcly. But, Mr. Fonda said, I would like to say that in the .,..tet we talk about the regulatory c~ isauea, which ii an addition of an entire treatment process that all the customtn need to pay for~ it's new, it never exileod before . That is $31 million of the S 110 million of the project that ii being required by the regulatory agencies . Infrastructure modernization. in other words. keeping the existing facilities up to fllJ, Im been • • En&lewood City Counc:11 October 7, 2002 Pace 10 integrated into this project . We are spending $22 million of the SI 10 million on that That is also more like an operation or maintenance expense, like a power cost. I le pointed out that it would be paid for by all the customers. The capacity addition ponion is approx ima tely SS6 million, of which Eqlewood is responsible for SS'Yo, because our llows to the plant are J5% of the total nows. Littleton's half is 45%. The 55% of the SS6 million is approximately $30 million. Of the $30 million we've collected about $20 million and that is in cub in the bank and will be pu1 forward in this project u put of our cub l1ow to fund the bond issue and then a ponion of the incrnsc, of the tap fees, will be counted u revenues apinat the future bonds. When you look at all that, we come pretty clolc to the capacity addition costs that are allocable to Englewood. So I think we cu say lhal llC!llally there rally isn't a subsidy one way or IIDOthcr. We are very clOle to havina the tap fea pay for the powtb put of the plant. Council Member Yun:hick said wllcn Y'IJII Me talkina about cOlla, ifwc are allocalcd SS% of the coat, do we set 55% oftbe -IOO? DiJKtor Fonda explained 1h11 Llalcloa ud E.-.,d opcnlC scpemely. We pay 5S% of the COit oftbe plant and they pay 4S% and we 111111 arOlad ..t c ..... ~ in our district. which ii rouply ~ eut of Broadway and 1My tab cwr,-""ofBniedway. So. he Mid, wllell the,-opcna. we submit a btll lO Linlel0ll b4S%ofall dleCGlla, din we pay SS%ofdieC0ltofdie plaml fiumthe nln that we charp. We -the l1ows nay ,ear ..t alocalt •die..._ of the flow, wllich ii wrly clOle to the 55%/45%. Council Member Yurchic:k said so our,-,'Ollcclioa ii 55% ofllle laClll nln c:ollecled. Mr. Fonda Did for the plant, yes ... ofthe COit, )'CS. Council Member Garren said the -• 11111 L.._ .. tlieir owa ralel. lflMy decide IO c:llllp a lot for whatever, they may collect -._ SO% of die -,...-Med ft.a Ille plaml. Director Fonda said I would like to make cmc PCJIIII •die.-fad rMt ldleclule, which ii difficult to understand . We ,thar&e • unit charse, which ii in the IOp plrt. where ii says Sewer T.---CbarJe. That is the charge that we charp IO every c-.r in our •Y*ffl far --.,e ...._.. Sewap c:olllc1ioD is • separate sewage collection 1ys1em charae and it is wt,,u we charae our owa raidea far -•ini• our own collection system. The outside districts cbarae their owa CUIIOlmll .,....ly. TIiey do 11111 include that. . That is why there is a diffemacc in die mil COit m ii..,... ... we c:llllp -· ID fact. ft do, but that extra amount is for the collection l)'llml c ..... far nee-. our owa cokliall .,._ The unit charge per treatment is charsed to ~-He explaiDed dial ..._ 1alllel are imiDly e.lCeptioa tables fo! when we have a problem and we don 't have a measured way ofc ...... • CIIIIOmer. For instance , every house that's metered. we -die winln hllR waler flow, tbell we~ the c:bup each year based on your contributiom rrom eacll houlc, adl .,._.. 11M i.ed • dleir _... waler flow in the winter time, which is very close to what Y'IJU would -• 11*' Mme. So ft feel lhM ii abolll u fair a system as we cu come up with, he uad. aJdioup dlere Me 11111 • lol of Ila ,.. waler ~ in Englewood. hence we 11111 need to ---dinr lablft. • t • • ED&lewood City Council October 7, 2002 Pace 11 a very small plant that would only serve 30,000 people. Mr. Yurchick said that's where a lot of confusion comes in, because when Director Fonda says Englewood, I tend to think 30,000 and not the rest of the area . Mayor Bradshaw noted we have other districts out there. Director Fonda said yes, there are a total of 18 districts served by the whole plant and I think Englewood has 12 of them. Mayor Bradshaw said we have 12 of the 18 districts and Littleton only has 6 of the 18 districts. Diffi:tor Fonda said it is co~le land area. Mayor Bradshaw said that is all called Englewood, all 12 of those, plus the City, is called Englewood. Director Fonda advised that that is the part Englewood manages. Mayor Bradshaw said that's wher it get confusing. Mr. Y urchick agreed that that is where a lot of the confusion is coming from. Is Englewood, itself, just one of the 12 districts or is it more than one district? I am talking about Englewood, the City, he said. Mr. Fonds replied that Englewood, the City, actually has several districts croaaing it. South Englewood Sanitation District covers our southern portion of the City. So the part we control directly is everything except that. Did I answer the question? Mr. Yurchick said, well, no, I'm just curious out oflhe 12 districts, is Englewood primarily one district or how many districts is it? l 'm trying to get a geographic concept of the district, he said. Diffi:tor Fonda replied that the City itself ii a portion, which bu no dis1rict, and that is when charp that collection charge and then the southern portion of it, rouply IIOU1h of Oxfonl is a part of South ED&lewood Sanitation District. Then there is a portion of J!n&lewood that is oo the welt side of the river, which is a part of the Valley Sanitation District That's on the west aide, say south of Oxford. Council Member Yurchick said I hate to belabor this, but I want to undentand. Mayor Bradshaw said, please do, that's the purpose of a Public Hearing. Council Member Yurchick asked if City ofEnglewood residents, west of Broadway, are in Littleton'• or Englewood's rate district. Mr. Fonda advised that they are in South Englewood'• Sanitation District and they are part of our system. Council Member Yurchick asked if everything, eut of Broadway, is in the Englewood collection area. Mr. Fonda said yes, the entire City is controlled by Englewood regardleu of the district they are in. Everything in Englewood is part of our system, although parts of it arc part of districts. Mr . Yurchick said then the same is true for Littleton; whatever is east of Broadway in Littleton is collected by Littleton. la that correct'! Mr . Fonda said yes, the two cities control through their own population. Mayor Bradshaw asked if there were any other questions for Director Fonda . Dire ctor Fonda said we would be happy to go over any of this with any citizen if they would like to come and have it explained. Mayor Bradshaw asked if any of the citizens who spoke before like to speak apin. Mr . Goold said I appreciate his effort to try and explain it, but it just serves to confuse me all the more . Mayor Bradshaw said I saw that. Mr . Goold said I would mve appreciated some son of map, you know, where be could point out these diffemlll district,. I mean Iha could not be more confusing to me. He thanked Council Member Yurchick for ukifta bis questions. I could lee, he said, that you were a little bit concerned too. I would like to try to encourqe Council to naybe c~ thia, he said, to have a little IIIIIR opportunity for public input and provide a bener layout for poor, dumb people like me to get a better undentanding. Especially, be said, with the whole SS%l4S% and where does who, do what and those projectiooa are hued on today. Maybe it's SS%/4S% today bul what about in 20 years? I'm not sure what benefit we're getting out of those tap fees that Littletoa ·s paying for. Are we getting any benefit out of that? And if ao, for ~le. what's going to happen in 20 years for people on fixed incomes. I'm IOIT)', but I just don't get it. Mayor Bradlhaw said would it help if Mr. Fonda met with you? Mr. Goold said I thinlt it would help me, bul what about everybody else? Mayor Bradshaw said I'm concerned about you too. Well, Mr. Goold said, I appreciate that, I really do, but you know, unfortunately, it's not all up to me. Mayor Bradshaw said I know. Council Member Garrett said what if we bad a meeting to explain the rates. However, I don't know bow nany people would attend. Mayor Bradshaw agreed that we could have a meeting to explain the rates. Mr. Goold asked what would happen if the rates didn't increase? What would happen to Englewood residents? How would they be ~ if we didn't get on board with this? Council Member Wolosyn said one thing that Stu Fonda said and Doug Garrett reiterated, ii that the rqu1atiolll about what we nut pu1 back into the South Platte River mve cmnged, ao we have to Dllke u,..uvemenll OIi our wutewaeer treaement facility, no llllltel' what And, she noted, we have all been benefllilla &om very low raea for a very loaa time . Mr . Goold said right now it 1ee1111 like a good deal, SSo/e/4S%, but in the future, obviously, that ii going to change. Littleton ii growina ao rapidly that they're going to oua pace us. Director Fonda said the fonmla will change yearly. In other words, right nbw it ii SS%/4S%, but u the ratio changes. your bill..,of coune, will change. Mr . Goold said okay, but that wasn't made apparent and I have a lot of other questions tbll I could take up a lot more time with, but I'm sure you have other things to do. At least I had this opportunity to speak. I just bate to 1ee this tbing anowbalL He aaid I thank you for rxplaining that to me, but still it's not readily apparent because of all the different districts. Again, what Mr. Yurcluck was getting at WIS bow nany districts does Englewood proper encompus? IJ that one d istrict? Mr. Yurchick said I think where my confusion was, was when they talked about the Englewood piece, I trnded to think of Englewood proper, when that's really not the right thought process. There ii a lot more to what they 're calling Englewood. Mr . Goold said that's right. exactly. My sister lives off of about Havana and Orchard and she bas an Englewood address. But. be said, IS far II I know, she doesn't pay any taxes to Englewood. I uked her today ... who she signs her checks to for water and she said Denver. Council Member Wolosyn said everyone who is on our wastewater treatment system will be receiving these 1ncrrases. It 's not just the City of Englewood . Mr . Goold said I'm not just concerned about that. Ms. Wolosyn replied. but you seem Iv be buina your arithmetic on the City and bow it fits in . Mr. Goold said, that's the whole thina, that's lOIDCthina I've been En&lewood City CouDdl October 7, 2002 Pace 13 so confused about. Where does Englewood stop and begin and what kind of benefits arc people getting versus what they're paying in? For example , my sister, she's got an Englewood address. Mayor Bradshaw said but that is Centennial or unincorporated Arapahoe County. Mr. Goold said okay . This is where my confusion comes in . Mayor Bradshaw explained the thing that is confusing is the post office addresses . Council Member Yun:bick asked Director Fonda if the system runs clear down to Park Meadows . Mr. Fonda replied yes it does. Mr . Yun:hick said, so what I means is that it's not jua1 a littlc system, it's a big system. Mr . Goold said I guns u long u you know that my main concern is that it be equitable in the funue and apin. I have a concern for the people on fixed incomes, which is where I am going to be in 20 yean . I guess I've made about u much stink u I can here, he said. Mayor Bradshaw said no, you arc doing fine . Council Member Garrett said let me reiterate . If you think you would show up and we could get other people to attend a presentation, we could set that up . Because, he said, we bad a very good presentation and we came in with similar concerns, don't think we dido 't. I mean when you look at the rate increua and you go, what? And after the presentation, we went through all the numbers. we got comfortable that it was fair to the citizens and we found out we would, actually, still be at the low end of the rates. I mean, it took us a while to get there, just like it will take anyone. It tee1111 like that may be a worthwhile endeavor, he said, if you think it would help, for the three people here that made comments, u well as anyone elac that might be interested. 1bat 's a better forum to belp go into the more specific questiom that you have, be said, because that -y they can have the maps and show you bow it works. Mr. Goold said ifwe don't have the option of having Littleton paying for this ... disproportionate, to offset, at least into the funue, then, I guess I' II be comfortable with it. He thanked Council for their time. Mayor Bradshaw thanked Mr. Goold. Mr . Anderson said, one final question . Is this going to be a new stand-alone facility or is it an addition to what's already existing? Mayor Bradshaw replied that it's in addition to what is already there. Mr. Anderson said all right, now what happens later down the road to the existing system that we have now? What money tears that down and replaces it later on? Because , obvi ous ly, it 's aged. Is that included in the price that we 're looking at right now? Director Fonda said we have done fairly extensive studies showing what we need to do to keep the plant from deteriorating and we have included that in this package, there is a good portion for that. Mr. Anderson said demolition . Director Fonda said no, not demolition . All of the facilities, that we have there now, arc long-term facilities . Mr . Anderson asked if they will remain. Mr . Fonda answered yes, but wc have calculated what we need, like pumps wearina out and not being n nlaced . We arc &oina around systematically and repairing roofs, replacing machinery, on a 1ystemati, basil. Pan of this ii beina done u pan of this project and then when this project stops, we continue doing that u a high level of operation and maintenance so the plant does not deteriorate . Because , he explained, it is much more expensive to fix it after those facilities deteriorate . Mr . Anderson said so the cxistin& plant will be incorporated, u much u pouible, inlo the new facility . Mr . Fonda said totally incorporated, yes . We did a master plan in 1985 because,just what you spoke about had bc tn a major problem and at that poIDt, wc laid out the plant that would serve the entire dninllp basin. Eapewood City CouacU October 7, 2002 Pa1e 14 When it is fully built out, he said, we added some cushion to allow for an increase of densities, if that should occur. Because these are the facilities that you don't want to have to build twice . They are extremely expensive to build twice . Mr. Anderson said, I just wanted to make sure we were not looking at an additional fee later on down the road to demolish what is existing now . Mayor Bradshaw thanked Mr . Anderson . Council Member Grazulis said I just have a co111111mt that perhaps oae thing that miaJit help would be toun of our facilities for the public . We could have them open, duriaa this time, so they can actually see what exists and what would be happening and perhaps where . Beca111e, she said, I wu quite impreued myself when I went through our facilities . That is just a suggestion. a comment, she said. Mr. Dounay said after all of this, I still have two questions. Now I UDdentaad that the reuoa for the increased rates is to deal with regulatory rcquiremeats. I have no problem with that whatsoever. What I don't undentand, he said, what I haven't heard aa anawer to yet, is thejllltificatioo for the City of Englewood residents &o pay for the increase, for the cost for increased capacity of the plant for people outside the City. That's one thing. The other thing I haven't heard an anawer &o is justification in the rate schedule for different types of residences. whether it be a mobile home, or a single family or an apartment, because when your talking about a very small home for a midence type number, you have ID !mow that, that number would fit any one of those situations. So those are the two key questions I have outstanding at this point, he said. Mayor Bradshaw asked Mr. Fonda to address Mr. Dommy'1 qucstioas. Mr. Fonda said, regarding the second question, thatbuically we cbaqe Sl.00 a 1000 pllom for winier water sewage usage . The rate tables are only for odd exccptiom. lfwe bad a trailer boUle lbal isn't meter or part of some odd historical conglomeration of pipql that we can't pt a meter ia. He explaimd lbal we've had these tables, historically, to be able to addlas the odd libation. But buically, jUII about everyone, exct-pt the Oat rate water customm, are now cbarpd limply on the willler water lmF· 0a the other question, which was, are our citizens, in fact, •nidizina the capacity addmoa. Aa I iDdicalled earlier, our share of the capacity addition is about S30 millioa and we have collected lap feel in advaace that are equal to nearly S20 million over the put years. I think the cap feel that are paid by new Cllllomen, u opposed to Englewood citizens vcnus outside City citizens, is really old customers venus new . And I think the tap fees were raised substantially, ~ qo, to have capacity additions paid for by new growth and we arc very close to doing that. The fees from the tap fees go to pay off'boads and that really makes up the difference between the $30 million and the S20 million that's already there in cub. But, he noted, we have collected these and that hu been factored into the cash flows that fl,-the ratea that we aeed. If we didn 't have the S20 million that we have collected from tap fees, the rate bikes would be substantially higher right now ... the ones that we are proposing . Mayor Bradshaw thanked Mr . Fonda . Bruce McDowell , 3250 South Elati Street, said I pesa my question probably 1ocs to Mr . Oallqer. I think I heard him say that next year, -need $800,000.00 Ill pay for our imnediate Ille, or sometbina to that affect. And 1 guess my question is, is that $800,000 .00 for everybody and wu there that nu:b p'Owlb this year or did that money pay that bill this year or are we $800,000.00 sbort aext year? Mayor Bradshaw said one thin1 I can say is the rqulationl have cbaapd and we have Ill 10 IO a differeal le vel of treatment and that costs money. I.D&lewood City Colllldl October 7, 2002 Pa1e 15 Mr. McDowell said that basn 't been built yet. Is that right? That's the $31 million? Mayor Bradshaw said that's right. Mr. McDowell asked if that will happen next year . City Manager Sean advised that that will happen in conjunction with the construction project. Council Member Garrett said Mr . McDowell is asking about the operating budaet sbortfall, which requires the rate increase today. That, I believe, is the question be is asking. Mr. McDowell said that is my question. Mayor Bradshaw asked if Mr. Gallager~ mpond the Mr. McDowell's question. Mr. Gallager said that we looked at the~ of revenue from exiltin& rates 111d fees 111d we ~ that with projected cost in 2003, 111d this is before the treatment plant additioa. This is just the cost of doing bulineu right now. There ii, be llaled, a projected $800,000.00 sbortf'all in the ability of existing rates and fees to meet thole projected expenses. Mayor Bradshaw asked if that amwaed Mr. McDowell'• question. It is the operating ClOlta tbat have changed, she said. Mr. McDowell uid oby. Council Member Wolosyn said I just wanted to go back to Mr. Doullly's second point. Remember when be originally asked the question, that be said it appeared, in looking at the tables, that in the area out of the City of Englewood, that their rate was cheaper than our rate, their flat rate. That their rate wu smaller than the citizen's flat rate . Director Fonda said that is what I wu explaining about the collection system COit. We charge everyone the same unit cost for sewage treatment. There are no flat rata outside the City. They are all meteRd, bul we would apply that flat rate table if, 11y, one oftbem bad a problem that we couldn't fix, we mipl UM tbat u the cbarJe or if their meter didn't wan or -.etbina lib that. I'd lib allo ID addlaa-orlbe- we're fmding some discrq,aocy in the income, be llid. The 20% really ii aeded ilr • ID 1111b pn,jecled covcrqe requirements for our exiltin& bonds . Tbat meam our openliaa caltl have ID be ao llip. Pan of the problem is that the revcoues that we were receivins from illlaat earned oa our~. tbat we llld been bankinl, bu dropped drmmtically, u I think )'OU're .U awme. We -aaldaa pnilllllly ia .. range of S% 111d now we're do_ ID I~% or 2%. That -put of die---. pla aot baviDI .-ltibs for 20 years, inflation is finally catching up with us, be llid. Mayor Bradshaw asked if there was anyone else wbo wanted ID addlaa Council oa this ~-There wu no one. COUNCIL MEMBER GARUTI MOVED, AND IT WAS SECONDED, TO CLOSE TIii: PUBUC HEARING TO GATHER PUBLIC INPUT ON COUNCR. BILL NO. 45, AUTHORIDNG A SEWER RA TE INCREASE. Ayes : Council Members Nabholz, Garrett, Wolosyn, Yun:hick, Gnzulis, Bradshaw Nays : None Absent : Council Member Moore Motion carried and the Public Hearing closed. Mayor Bradshaw thanked everyone for comin&. I appreciale it, she said. 10. Coueat Asnda AGENDA ITEM II (a) (Iv) WAS PULLED FROM THI CONSENT AGENDA. Eapewood City Council October 7, 2002 Paae 16 COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (1) (I), (II) and (Ill), 10 (b) (I), (II) and (Ill), 10 (c) (I). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO. 46, INTRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A S9,SOO.OO GRANT PROM THE COLORADO DEPARTM.ENT OF LOCAL AFFAIRS (OOLA) FOR ENTERPRISE ZONE MARKETING AND ADMINISTRATION. (ii) COUNOL BILL NO . 48, INTRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR DESIGN AND CONSTRUCTION OF SIDEWALKS ON BELLEVIEW A VENUE IN THE CITY OF ENGLEWOOD, COLORADO. (iii) COUNCIL BILL NO. 49, INTRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR DESIGN AND CONSTRUCTION OF SIDEWALKS ON SOUTH UNIVERSITY BOULEVARD IN THE CITY Of ENGLEWOOD, COLORADO. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 44, SERIES OF 2002 (COUNCIL BILL NO. 38, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE APPROVING THE PLANNED UNIT DEVELOPMENT (PUD) FOR THE SHOPS AT HAMPDEN AND LOGAN PLANNED UNIT DEVELOPMENT, IN THE aTY OF ENGLEWOOD, COLORADO. (ii) ORDINANCE NO. 4S, SERIES OF 2002 (COUNOL BILL NO. 42, INTRODUCED BY COUNCIL MEMBER GRAZULIS) AN ORDINANCE AMENDING TITLE 7, CHAPTER 68, SECTION 6; TITLE 11 , CHAPTER 3, SECTION 3 (B); AND TITLE 16, CHAPTER 4 , SECTIONS 10, 12, AND 19; AND CHAPTER 8, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO PUBLIC SIDEWALK SALES OR FARMER'S MARKET . (iii) ORDINANCE NO . 46, SERIES OF 2002 (COUNCIL BILL NO . 47, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE EXTENDING THE SIX-MONTH TEMPORARY SUSPENSION OR MORATORIUM ON THE ISSUANCE OF PERMITS FOR NEW SlNGLE FAMILY ATIACHED AND MULTI-FAMILY RESIDENTIAL CONSTRUCTION, OR ANY HOUSING REQUUUNG THE SUBDIVISION OF PROPERTY, IN THE AREA LOCATED BETWEEN WEST EVANS AVENUE ON THE NORTH. WEST VASSAR AVENUE ON THE SOUTH, SOUTH TEJON STREETON THE EAST AND SOUTH ZUNI STREET ON THE WEST, FOR AN ADDITIONAL SIX MONTHS . Eapwood City Couadl October 7, 2002 Pase 17 (c) Resolutions and Motions (i) RESOLUTION NO . 90, SERIES OF 2002 A RESOLUTION APPL YING FOR FUNDING OF S200,000 FOR THE HOUSING REHABILITATION PROJECT FROM THE COLORADO DIVISION OF HOUSING . Vote raultl: Motion carried. Ayes : Nays: Absent: Council Memben Nabbolz, Garrett, Woloayn, Yurcbick, Grazulis, Bradshaw None Council Member Moore • •••• 10 (a) (iv) A recommendation ftom the Pub and Recreation Departmen1 to adopt a bill for an ordinance approving an agreement with a concessionaire to opera~ the Indoor Leaming Center at the Englewood Golf Course wu comidered. Director Blick ellj)laincd that this is a concession agreement, where• will lease out the Indoor Teaching Facility to a private vendor. Mr . Yurcbick aalted if it is the co1111uter golf thing. Mr. Black said that is correct. Mayor Bradshaw thanked Director Blacl,. COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 18 (a) (Iv). COUNCIL BILL NO. 53, INTRODUCED BY COUNCIL MEMBER YURCHICK A BILL FOR AN ORDINANCE APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND '"TNT TRAINING FOR GOLF' FOR TIIE LEASE AND OPERATION OF THE ENGLEWOOD GOLF COURSE INDOOR TRAINING CENTER. Voteraults: Ayes: Nays : Ablmt: Motion carried. 11 . Reaular A1end1 Council Memben Nabbolz, Garrett, Wololyn, Yurchic:k, Grazulis, Bradshaw None Council Member Moore (a) Approval of Ordinances on Finl Reading (i) Senior Planner Langon presented a ~lion from the Community Development Depanment to adopt a bill for an ordinance approvina the Univenity Homes Planned Unit Development and she requested Council set a public bearing for November 4 , 2002 to galber input oa the Planned Unit Development. This is a rezoning ftom R-1-A to Planned Unit Developmenl by applicaDI David DiPane 10 develop 4 sinale-family lots that are accessed off of South Univenity Boulevard, Ille uid. It is a .88 acre parcel in the nortbeut pan of EnaJewood, buically at South Univenity and Eat Danmouda Avenue . This property, I might add, she said, also will have a lUbdivisioa. The IUbdivilioG, however, ii predicated on approval of the Planned Unit Developmeal. aiDcc die Plullled Unit Developmeal f'IMbliehes the zone di stricts and the requirements of the diluicts. We caa't lUbdivide propeny until die clillrict Enatewood City Colllldl October 7, 2002 Pqell requiremmls are established, she explained, so that will come IS a resolution, in conjUDCtion with the PUD if it's approved. Mayor Bradshaw asked if this is the area just north of the cbun:b . Ms. Langon replied that is correct, it's the vacant lot. Mayor Bradshaw asked if there wm: any questions of Ma . Langon. Council Member Garrett said I saw the lot sizes. About what aw: house would go on a lot this sii.e? Would it probably be a two-story? Ms. Langon said a two-story. They are ukiDa to aligblly exllOed die beiaht limit in the current R-1-A regulations, but that is the purpose of die PUD ... to provide aomc fleu'bility in standards. Council Member Garrett asked what square foocage are diey looking at. Ms. l..ugon explained tbll square foocage is dependent on whether it is a single-family or single story or two-story. What diey are doing is selling a building envelope, an area in which the house can be built. As far IS square footage, she said, they are probably looking at 2000 plus. They are going to be larger homes, abe said, but apin, the PUD ii DOt stating that. Mr. GaneU said I UDdemalld, but it gives us an idea of the type of development we are looking at. Ms. Langon replied, larger homes, yes. Mayor Bradshaw said those lots are coq,arable to some of those on East Dartmouth Place. Ms. Langon said they are slightly smaller. Again, there is the flelu'bility issue. Because of die shlpc of the propcrty .. .it is a long narrow property ... the oaly way it could be developed, currendy, is with one singlo-wnily home or it could be aubdivided. in which cue you would have quite a loaa property. What diey are J11UP01D11 is to provide an access drive for the four houses. Mayor Bndabaw said I c:ukle-sac. Ms. Llllpn replied that's right. Mayor Bradshaw asked if there were uy odier quaticma. 1bere -noae. Mayor Bradshaw thanked Ms. Langon. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (1) (I) -COUNCIL BILL NO. 5' AND TO SET A PUBUC IIEAIUNG FOR NOVDDUl 4, 2002 TO GATHER CITJUN INPUT ON THE PLANNED UNIT DEVELOPMENT. COUNCIL BILL NO. S4, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE APPROVING THE UNIVERSITY HOMES PLANNED UNIT DEVELOPMENT (PUD) AT 3055 SOUTH UNIVERSITY BOULEVARD lN THE CITY OF ENGLEWOOD , COLORADO . Vote results: Ayes: Nays: Absent: Motion carried. Council Memben Nabbolz, Garrett, Wolosyn, Yun:bick, Gnzulis, Bradshaw None Council Member Moore (b) Approval of Ordinances on Second Reading There were no additional ite1111 submined for approval oa lCCCllld readina, (See Apada ltmn 10 -c-i Agenda .) ED&lewood City Coaadl October 7, Z002 Pqel9 (c) Resolutions and Motions (i) Housing Finance Specialist Grimmett praentcd a recommendation from the ColllDlllllity Development Department to adopt a resolution approving a $200,000.00 Grant to the Western Arapahoe County Homeleu Alliance (W ACHA) for the Acquisition of 3301 South Grant Street. This request wu made by the State of Colomio, she said, to assist them in completing their approval of grant funds that, unfortunately, were c:ut by the Governor in the budget cuts for this year. Tbeae funds will be replaced to the City by a separate grant that was previously paued on Consent Agenda, to apply to the State for Housing Rehabilitation funds. So, she said, we are going to be tlkiDg Housing Rehab funds that we would have used in 2003, provide the grant to the Western Arapahoe County Homeleu Alliaace and then replace thole funds with a aepuate application from the State. So, Ms. Grimmett said, in aaencc, it's baaically just a pus-through type of proposition. Ms. Grimmett stated there is a conectioD on the resolution that Council should have received a copy of. Mayor Bradshaw said Council received the 111:w copy. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I)· RESOLUflON 91, SERIES OF DOZ, RESOLUTION NO. 91, SERIES OF 2002 A RESOLUTION APPROVING THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR ACQUISmON BY WESTERN ARAPAHOE COUNTY HOMELESS ALLIANCE'S HOUSE OF HOPE FAMIL V. RESOURCE CENTER (WATCHA) OF THE BUILDING LOCATED AT 3301 SOUTH GRANT STREET IN THE CITY OF ENGLEWOOD, COLORADO. Vote reaults: Ayes: Nays : Absent : Motion curicd. Ms. Grimmett thanked Council. Council Members Nabbolz, Gunn, Wololya. Yurchick, Gnzu1is, Bradshaw None Council Member Moore Mayor Bradshaw thanked Ms. Grimmett for all her aood wort. 12 . General Dlscuutoa (a) Mayor's Choice (i) Mayor Bradshaw pve kudos to staff for a IUCCCUful IBIS fire.up .. .it's peat. C ity Manager Sears said it really is and Mike Flaherty really deserves a tremeDdoua IIIIOUllt of credit for doing that. he really is outstanding. Mayor Bradshaw agreed and offered her thanks to Auistant City Mamaer Flaherty. (b) Council Members' Choice (i) Council Member Yurcbick said I forp,c 10 do tbis 11 -budpt meetiDa, bul I wanted to thank Frank Gryglewicz and his group,~ I llkcd for -addilimal mmiben dlll answered a lot ofmy questions, but that didn't really play inlO the dilamioa dlll day. Eftllewood City Counc October 7, 2002 Pa1e20 City Manager Sears said yes, they did a rally good job 1111d I'll pal that OQ to them. They will appreciate that. Mr. Yun:hiclt said I didn't reali7.e the number ofboun 1bat request would require 1111d I do appreciate it. 13 . City Muqer'1 Report City Manager Sears did not have any matters to bring befOR Council. 14 . City Altoney'1 Report City Attorney Brolmlall did not have any mattcn to bring before Council . AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, OCTOBER 7, 2002 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. '7 :33 ~ 2. lnvocation .1}~ 3. Pledge of Allegiance. ~ 4. 5. Minutes. tiffd (,-(). M;nutes from lhe Regub, Gty Council Meeting of Septembe, 16, 2~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) 7. 8 . a. Chris OlsQD, Director of Safety Services, will introduce Englewood Fire Fighters Brian Baker, Jason Hehn, and Roman Rede, who will represent the City of Englewood at the World Fire Fighter Combat Challenge in October. b. ~ene Norman will be present to address City Council on a variety of issues . ~~s1~u~~~EJ~~J~;'~~'f.V~l:~~~ /r.~IW3, llto&f-f~.l/M;'iEftJAII.~~ . ~ Communications, Proclamations, and Appointments. ~ /_-{)a. A proclamation dec~Jler 20 through 26 as World Population 7r\A lf) Awareness Week. l/ __ 0-- • t .. • • Englewood City Council Agenda October 7, 2002 Page2 A letter from Ken Parks indicating his resignation from the Planning and Zoning Commission.~ A resolution "poin~ng Alternate Member Kent Diekmeier to the Planning d Zoning Commission. A resolution appointing Robyn Williams to the Liquor Licensing Authority. A resolution reappointing Edna Blair to the Code Enforcement Advisory Committee. Council Bill No. 46 • Recommendation from the Department of Community Development to adopt a bill for an ordinance accepting $9,500 from the State of Colorado, Economic Development Commission to fund marketing and administration activities for the Arapahoe County Enterprise Zone. STAFF SOURCE: Darren Hollingsworth, Business Development Specia6st. Council Bill No. 48 · Recommendation from Public Works to adopt a bill Tor an ordinance authorizing an Intergovernmental Agreement with the Colorado Department of Transportation for Belleview Avenue Sidewalks. STAFF SOURCE: Ken Ross, Director of Public Works. iii. Council Bill No. 49 -Recommendation from Public Works to adopt a bill Tor an ordinance 101horizing an Intergovernmental Agreement with the Colorado Department of Transportation for University Boulevard Sidewalks. STAFF SOURCE: Ken Ross, Director of Public Worb. iv . Council Bill No. 53 · Recommendation from the Parks and Recreation Department to adopt a bill for an ordinance approving an agreement with • a concessionaire to operate the Indoor Leaming Center at the En~~ Golf Course. STAFF SOURCE: Bob Spada, Golf Coune Manapto _ _ _ Pi.ate note: If you haw• 6allllly wl wtl....., _.or_..., ....... ~ .. Clly.,, E._•••• (303-762-2405) al ............ ..._. ol ......... _ ....... n..11,-. t • • Englewood City Council Agenda Octoblr 7, 2002 Pagel b. Approval of Ordinances on Second Reading. (}?JI-# i. Council Bill No. 38, approving the Safeway Planned Unit Development as amended. /M.J.tk ii. fnd-11-# iii. Council Bill No. 42, amending sections of the Englewood Municipal Code pertaining to Sidewalk Sales to allow the indusion of a Farmer's Market Council Bill No. 47, approving a six-month extension of the moratorium on new residential construction in northwest Englewood. c. Resolutions and Motions. ~JJ.9o i. Recommendation from the Department of Community Development to adopt a resolution authorizing staff to apply for $200,000 for the Housing Rehabilitation Project from the Colorado Division of Housing. STAFF SOURCE: Janet Grimmett, Housing finance Spedalist. 11 . Regular Agenda. a. b. c. Approval of Ordinances on First Reading. i. Council BjU No 54 • Recommendation from the Community Development Department to adopt a biU for an ordinance approvin1 the University Homes Planned Unit Development and request to set a public heat;:;: November 4. 2002 to gather input on the Planned Unit Dev ent and ihe p~ subdivision. STAFF SOUICE: Tricia Langon, Senior Planner. ~ Approval of Ordinances on Second Readins. .,g- Resolutions and Motions. i. Recommendation from the Department of Community Development to adopt a Resolution approving a Grant to the Western Arapahoe Homeless Alliance (WACHA) for the Acquisition of 3301 S. G~~~ ~~-. STAFF SOURCE: Janet Grimmett, Housing finance Specialist.~ 12 . General Discussion. a. Mayor's Choice. b. Council Members' Choice. PlnM note: If )'OU haw. tllalillly aNI .... ...., .... ...._. ......... a, .. , .. • •• (303-762-2405)at ............................................. ,.. - Englewood City Council Agenda October 7, 2002 Pqe4 13. City Manager's Report. 14. City Attorney's Report. Adjournment (:'!:15r--- n,e following minutes were transmitted to City Council between September 13 • October 3, 2002: • Englewood Liquor Licensing Authority meeting of Auaust 7, 2002 • Alliance for Commerce In Enalewood meeting of Aupt 8, 2002 • Englewood Transportation Advisory Committee meeting of August 8, 2002 • Keep Englewood Beautiful meeting of August 13, 2002 • Englewood Board of Adjustment and Appeals meeting of August 14, 2002 , Englewood Parade Committee meeting of August 14, 2002 • Englewood Code Enforcement Advisory Committee meeting of August 21, 2002 • Englewood Cultural Arts Commission meeting of September 4, 2002 • Englewood Planning and Zoning Commission meetln1 of September 4, 2002 • 1 . 2. 3. 4. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, OCTOBER 7, 2002 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. '7 ;33 ~- Invocation. l}~ Pledge of Allegiance. ~ Rollcan.ftJ~> /~{~) 5. Minutes. ~ (,-(). M;nutes from lhe Regula, Oty Council MeetinB ol Septemb« 16, 2~ 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) 7. 8 . a. Chris Ols Director of Safety Services, will introduce Englewood Are Rghters rian Baker, Jason Hehn, and Roman Rede, who will represent the City of Englewood at the World Fire Fighter Combat Challenge in October. b. Eugene Norman will be present to address City Council on a variety of issues. Unscheduled Visitors5Pleas.e limit VOIJ[ PI~~~~l\~t~.~.~ .. -r:. .., .. _,. ., ~ J ti. ,t/1.T Ji ,fl,J~OA.)' ftl:l)}l~UI/ Jl,o~-w_....., ··-~ (r.Jl/W-,/lt~f-.!.tA,;-s,.~-... . ~ Communications, Proclamations, and Appointments. A proclamation declaring Octo~er 20 through 26 as World Population Awareness Week. ~ Englewood Crty Council Agenda Odober 7, 2002 Pagel /jJIJIJJJi_j b . vr-v-f?;~ /J@a~ ~ft /?.JMlf A letter from Ken Parks indicating his resignation from the Planning and Zoning Commission.~ A resolution "poin~ng Alternate Member Kent Diekmeier to the Planning d Zoning Commission. A resolution appointing Robyn Williams to the Liquor Licensing Authority. A resolution reappointing Edna Blair to the Code Enforcement Advisory Committee. i. Council Bill No. 46 -Recommendation from the Department of Community Development to adopt a bill for an ordinance accepting $9,500 from the State of Colorado, Economic Development Commission to fund marketing and administration activities for the Arapahoe County Enterprise Zone. STAFF SOURCE: Darren Hollingsworth, Bulineu Development Speda6st. ii. Council Bill No. 48 -Recommendation from Public Works to adopt a bill Tor an ordinance authorizing an Intergovernmental Agreement with the Colorado Department of Transportation for Belleview Avenue Sidewalks. STAFF SOURCE: Ken Rou, Director of Public Works. iii. Council Bill No. 49 -Recommendation from Public Works to adopt a bill Tor an ordinance au1horizing an Intergovernmental Agreement with the Colorado Department ofTransportation for University Boulevard Sidewalks. STAFF SOURCE: Ken Ro11, Director of Public Wons. iv. Council Bill No. 53 · Recommendation from the Parks and Recreation Department to adopt a bill for an ordinance approving an agreement with • a concessionaire to operate the Indoor Leaming Center at the En~~ Golf Course . STAFF SOURCE: Bob Spada, Golf Coune Manaprv PleaM note: If you haw a cllallilty an4 Med..., .. or---.,_..~ .. Clly e,f I 4'1wOOII (303-762-2405) at lnlt .q haunill ..._ ol ..... ....__ ......_ ..._.,_. • • Englewood Caty Council Agenda October 7, 2002 Page 3 b. Approval of Ordinances on Second Reading . vdl-L/4 i. Council Bill No. 38, approving the Safeway Planned Unit Development as amended. (h)-ltk 01JII-% ii. iii. Council Bill No. 42, ame nding sections of the Englewood Municipal Code pertaining to Sidewalk Sal 5 to allow the inclusion of a Farmer's Market Council Bill No. 47, approving a six-month extension of the moratorium on new residential construction in northwest Englewood. c. Resolutions and Motions. Recommendation from the Department of Community Development to adopt a resolution authorizing staff to apply for $200,000 for the Housing Rehabilitation Project from the Colorado Division of Housing. STAFF SOURCE: Janet Grimmett, Housing Finance Specialist. 11 . Regular Agenda. a. b . c. Approval of Ordinances on First Reading. i. Council Bill No 54 • Recommendation from the Community Development Department to adopt a bill for an ordinance approving the University Homes Planned Unit Development and request to set a public hearing for November 41 2002 to gather input on the Planned Unit O"evelopment and the proposed subdivision. STAFF SOURCE: Tricia Lan~on, Senior Planner. ~ Approval of Ordinances on Second Reading. g Resolutions and Motions. i. Recommendation from the Department of Community Development to adopt a Resolution approving a Grant to the Western Arapahoe Homeless Alliance (WACHA) for the Acquisition of 3301 S. Grant St STAFF SOURCE: Janet Grimmett, Housing Finance Specialist.~ 12. General Discussion . a. Mayor's Choice . b Council Members' Choice . Please note: If you have a diubility and need auxiliary am or MMCM, plew nodfy Ille Qty al &.-,ood (303-762-2405) at leut 41 houn in advance of when Mmces -MNN. n.. yaa. Englewood City Council Agenda October 7, 2002 Page4 13. City Manager's Report. 14. City Attorney's Report. Adjournment (:":15 r--- The following minutes were transmitted to City Council between September 13 • October 3, 2002: Englewood Liquor Licensing Authority meeting of August 7, 2002 , Alliance for Commerce in Englewood meeting of August 8, 2002 , Englewood Transportation Advisory Committee meeting of August 8, 2002 Keep Englewood Beautiful meeting of August 13, 2002 • Englewood Board of Adjustment and Appeals meeting of August 14, 2002 Englewood Parade Committee meeting of August 14, 2002 , Englewood Code Enforcement Advisory Committee meeting of August 21, 2002 Englewood Cultural Arts Commission meeting of September 4, 2002 Englewood Planning and Zoning Commission meeting of September 4, 2002 ENGLEWOOD CITY COUNCD.. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Rqular S-lon September 16, 2002 I. Call to Order The regular meeting of the EnaJewood City Council wu called to order by Mayor Bradlbaw at 7:32 p.m. 2. Invocation The invocation wu &ivco by Council Member Nabbolz. 3. Pledp or AJlealaaee The Pled&e of Allegiance was led by Mayor Bradshaw. 4. Roll Call Present Absent: Council Members Nabbolz. Moore, Grazulis, Garntt, WololyD, Yurcbick, Bradshaw None A quorum was present. Also present City Maupr Sean City Aaomey 8IOIZIDll1 City Clerlt E1lia Direclm Grys)ewicz, FiDallcc 111d Admillillnlive Servicll Senior P1-l..aaaon, Oxmnwity Dnelopmmlt Utilities Mampr Boc:t Senior Mwpr DumemiJler, c-mity Dewlapmeat Direclm Roa, Public Wom 5. MIDut• (a) COUNCIL MEMBER GRAZULIS MOVED. AND IT WAS UCONDD, TO APPROVE THE MtNUTES OF THE REGULAR CITY COUNCll. MUTING or SUTUDlll 3, 2002. Mayor Bradshaw asked if there were any corrections. There were -· Vote results: Motion carried. Ayes : Council Memben Nabbolz. Moore, Garntt, WololyD, Yurcbick, Gnzu1ia, Bndlbaw Nays : None 6. Sc:bedulecl Vlslton (a) Mayor Bradshaw said it ia my undallllldiq dial Jolm Hoelm ia lllllt i.... IO lOlll ..._ will be speakin& to III OD behalf of the PonerCare Foundalim Englewood City CouncU September 16, 1002 Page 2 Mayor Bradshaw noted that she and Ms. Mason worked to j!ether on the Great Relay Race in 1983 to help raise funds for a bike trail. Ms. Mason said it worked. Ms . Mason presented each Council member with a copy of the "PortcrCarc Foundation's Corporate Parmer's Program" packet. Joan Mason, Chief Development Officer for the PortcrCarc Foundation, advised that she is respomible for raising money for Porter and Littleton Hospitals. I am here this evening, she said, to talk to you a little bit about the crisis in health care, which I don't think most of us have any problem Ulldentanding. Specifically, Littleton Hospital bas been in the communities of Littleton and Englewood for fifteen yean, next year. It was built to accommodate acute care and bas grown through a recent, and current, development project, to 172 beds. Ms. Mason pointed out that the issue with most hospitals today bas to do with emergency care . It bas to do with access for people without insurance and it baa to do with giving caring and diligent treatment to those in need. My position, u Chief Development Officer, is to try and convey the need to coDUJWDities. I am approaching eight communities that access and utilize the services of Littleton Hospital, specifically for the issue of trauma care. What we have found, in the greater Denver area. is that we have t!ic acute problem of making sure we have enough emergency depanment beds, waiting rooms and access for ambulances so they do not have to go all away across town, particularly in our adverse weather, in many seasons. The real access issue, she said, is if there is not room, Ibey divert and the diversion in the last two years was 8,000 hours. Now, she pointed out, that doesn't sound very critical unless you happen to be in the ambulance or you happen b> have been a puenl at Columbine or you arc involved in an accident on I-25 or 225 and have to be taken from soudl 1-25 all the way b> Denver Health on 6• Avenue or as far west as Lutheran Medical Center. So wbat the planning deputment of Littleton Hospital determined WU needed, WU to increase their ttawm capacity b> Level ll from Level ill. That incurs certain expenses, certain expansion and certain a~ of the colDIIIIIDity in order for that to oc cur . So, she noted, we arc right in the middle of that process rip! now. For DllllY IIIDlllba lime -a b,g cr ane sitting on Littleton Hospital which is located on South Broadway 111d Minenl. When I bcpn to do th e r,~earch of the communities it only seemed rclevut, to 1111, lavina pown up in tbis community of Englewood. going to Englewood High. Flood Junior High. Denver University 111d beina sort of a raR nativ e of this area, that it would only be relevant to this Council if you could see how it baa affected Englewood residents. So I did a sean:h and we have them all divided by zip code, and, u of the end of July, over 7,000 mcmben of the cOIIIIDUDity ofEnalewood bad acceaed the euwaae..:y deputment of Littleton Hospital. The growth is absolutely phenomenal. The way I relate to the powtb. sbe said, is that I was on the Two Forks Conunittee many yean ago, talkiog about that dam 111d Ibey were beginDiJII to talk about a development that would comist of90,000 households and I juat could DOI belicvc that could be lbc case , but today that is Highlands Ra...h. What we find in the coimmmities lib Easlewood 1111d Lillle1on is that we have to have health care cloae by, particularly for scnion and e~. What we arc flllding is that with the growth, that wu unparalleled in lbc last decade ... the aaowtb wu 500,000 people, we look for the next decade to bring 800 ,000 individuals to the south corridor of Denver's ,rester metro area. So torught 1 wanted to convey to you that there is a tremendous need. A need that I have, 111d that I want to convey to you. is to have the City of Englewood think about becoming a Cbaner donor. Ms . Muon pomted out that Littleton Hospital bas never raised one dime from the private sec10r, they have never gone out to the community . Porter, their sister hospital, bas done that for certain thinp lib the Ca...er Center and 1 think most of us have attended or gone tbrou,h these facilities through the years. Swedish, Lutheran and Children's and all the rest of the hospitals have been raising money for a very loaa time. So I was brought in :is :i consult:int, she s:iid, to see wh:lt would happen if we bepn b> ask collllllllnities 1111d citizens to help the hospital. 1 have worked with fundnising for 25 yean. I worked on the CirNnway Trail System and many national proJccts . This is working very well and we ue early inb> the procaa. I bepn my work m March of this year . The aoal for raisina enoqh money to become Trauma n ii $7 .5 million and what you see m our packet ... if you will open them bricfly ... is, on the left side, a history of the hospital 111d on the nght side , rucked in the back. 11 a draft paolpCCtlll that dacribes the Tnuna D. the -·s center, the other dcmienas of the hospual that are bein& mcreascd in their capacity ud their efficiencies. One of the • • Eapewood City CouacU September 16, 2002 Pa1e3 things dlat Littleton is findina is that we an: drawing the top physiciam, onbopedic 1urgeom and neurosurgeons to the hospital, because thal is all required for Trauma ll. What that meana is the ditTereoce between m and n and now what Swedish bas found with Level l, ii tbat you have docton lib dial available to ua all day, all nisht. 24 hours a day. So, when we do have an accident lib the crane tippina over on south 1-25 or the tragedy at Columbine ... the children. the families, the driven can be helped at the fint stop, by the ambulances. I bad no idea, 1mtil I sblrmi to do the research, that ambu1anca were having to diven all over the metro an:a and it ii happening all of the time. So 1h11 hospital ii well rounded, well founded in the communities of Littleton and Englewood, 1111d my request ... and I would love to accept any questions you might have ... il to have you comider involvement. You will see a lener in there that I wrote to your Mayor and expreaod 1h11 need and pve an IDIDIIIII of-y. I know what COllllllllllity budgets are like these days and we would jlllt like you to COlllider joiniq the effort. Tbele ii a vuy little known surprise at Littleton Hospital 1bit 1DD1t people don't know about and lbat ii, that it ii the only Level ID NICU, which is a neonatal wud for teeny liale babies. Additioaally, what I have iDvmd you to do is have David Crane and I give you a~ tour of the bolpital before you finalize a decision and we have invited you to a breakfast. in that leaer, u weU. I would be glad to answer any quntiom you mipl have, sbe said. Tbele were no queatiolll. If Council baa quettioaa later, she said, you can cer1ainly give ua a call. She thanked Mayor Bradabaw. 7. Umchedaled Villton (a) Ken Holland, Englewood Fire Division Battalioa Chief, said I Wllll to tbult you for allowing me 10 spen It baa been just a liltle over a year since the 9 11 tra,edy, be said, and none of us can really estimate the amount of pief it cauaed to all of the people tbroupout the coun&ry. Not to minimize the effect on the civilians, the police officers and the emergency medical people that periabecl in dial fire, we, as a group of staff officcn with the Enpewood Fire Division, decided to come up wilb a colllllleDIOrative pin, dial wiU, hopefully, keep dial in die miDda of all of our t\dme 6refiplm in the decades to come. Our hope, our goal, ii that you could walk into a 6re --. 1111 yean fiom oow, ad - a firefighter with a pin, lib die one on my shirt, ad have dial~ know euctly wlllll hlppeaed or have a good idea u to wbat hlppeaed ad what it mellll. He aplaiDed dial the 343 you -cm then it actually symbolic of the 343 tirefilhlim dial loll their liva in the Twill Towwa. Toaipt, Ill aid, cm bebllfofthe fire staff, Director Olton, Chief Lockwood and tbe Baualiaa Chieti, I would lib to pnaenl -ofdlae pins to each member of Council and Mr. Sean, if( may. He pmed out tbe pilll ad lblaked CouDeil for tbeir lime. 8. CommmucadllM, Prodamatlo• ud Appoiam...11 (a) A proclamation declaring October, 2002 • Crime Prevention Mondi -COlllidlnd. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDID, TO APROVE A PROCLAMATION DECLARING OCTOBER, 2812 AS CRIME PREVENTION MONTH. Mo1ion carried. (b) considered. Ayes: Council Memben Nabbolz, Moon, Ganwa, Woloaya, Yun:hick. Grazu1is. Bradabaw Nays : None A proclamation decJarinl October 6 tluoup 12, 2002 u Fire Pm,aiml Week was COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDID, TO APPIU>VE A PROCLAMATION DECLARING OCTOHR 6 THROUGH 12, Hl2 AS PIH PUVENTION WEEK. Ayes : Council Members Nablaolz, M-. Galntl, Wololya. Yun:hick. Grazu1is. Bndabaw En1lewood City Council September 16, 2002 Pa1e4 Nays: Noae Motion carried. Mayor Bradshaw presemed the proclamation to Battalion Chief Kea Holland and Safety Education Specialist Tracey Taylor. (c) considered. A proclamation declaring October 20 through 26, 2002 as Red Ribbon Week was COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING OCTOBER 20 THROUGH 26, 2802 AS RED RIBBON WEEK. Ayes : Council Memben Nabbolz. Moore, Garrett, Wolosya. Yurcbick, Grazulis, Bradshaw Nays: Noae Motion carried . Mayor Bradshaw explained that Red Ribbon Week is for the schools and Parents for Drug Free Youth. ( d) A letter from J. L. Barnes indicating her resignation from the Enatewood Liquor Licensing Authority was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO ACCEPT, WITH REGRET, THE RESIGNATION OF J. L. BARNES PROM THE 11:NGLEWOOD LIQUOR LICENSING AUTHORITY. Mayor Bradshaw noled that Ma. Barnes is one of the oriplal people oa the Audiority. Their home aold, so she is movinc on, but she bas given Enclewood a pat cleat ofber time. Council Member Ganett said that sbe also served OD -commiaees ud oae time she WU Oil tine. Mayor Bradshaw said that ia ri&ht and she didn't say no, she just apeed ID serw. Voteresulb: Ayes : Couacil Members Nlbbolz, Moore, Garrett, Wololya. Yurcbick, Grazulis, Bradshaw Nays: Nooe Motion carried. • •••• Mayo r Bradshaw sud she would like 10 tbank the firefiaJl!en for coming to our meetiq IDlli&ht I appreci ate everything you do, she said. as I am sure the rest of Council does . Tbaalt you so much for corning . 9. Public Hearla1 (a) COUNCIL MEMBER WOLOSYN MOVID. AND IT WAS S&CONHD, TO OPEN THE PUBLIC HEARING TO G.t\TIUR PUBLIC INPUT ON THE CITY or ENGLEWOOD'S 2003 BUDGET. Ayts : Council Memben Nabbnlz. MOOR, Garrett, Wololyn, Yurchick, Graulia. Bndlllaw Nays : oae Mo uon earned and the Public Hnrina opened. Eapwood City Council September 16, 2002 PaaeS Director Gryglewicz. duly sworn, advised that this is a public bearing to galher citizen input on the proposed 2003 Budget. The preliminary budget and memo wu discuued with Council at the Study Session on September 9111 and the Council retreat is scheduled for September 28, 2002 in the Community Room at Civic Center. [Clerk's note : Notice of this Public Hearing wu published on September 13, 2002 in the Englewood Herald.] Mayor Bradshaw asked if tbete wu anyone present who wanted to address City COUDCil regarding the 2003 Budget. There wu no one . Council Member Ganett said I have a protocol question for City Attorney Brotzman. One of my concerns is that Council is having the Public Hearing before the committees, particularly the Cultural Ans Commission, the Parks and Recreation Commission and aome of the otber citizen groupa have bid a chance ro have received direction on what we are doing wilb the budget this year. Coosiderio& that we have, basically, no tramfen for capital this year, plus some CUii in~ I would lib to continue the Public Hearing to October 1•, in cue those people want the opporlllllity to have input in the public bearing process. City Attorney Broczman stalM that is absolutely approprialc. City Attorney Broczman said be would lib to ask one question. We will still brio& forwmd tbe ardmance on first and second reading in the traditional timeframe . la that correc:1? Council Member Ganett said yes . Mayor Bradshaw said that is right, but this is to allow our boards and commissiom the opponunity to have input. And our citizens, she said, in case Ibey couldn't be here this eveJlin&. Mayor Bradshaw asked if there wae any otber questiolll. There --· COUNCIL MEMBER GARUTI MOVED, AND IT WAS SECONDED, TO CONTINUE THE PUBLIC HEARING TO OCTOBER 7, 2NJ AT 7:31 P.M. Ayes: Council Memben Nabbolz, Mooce, Oumt, Wololyn. Yurcbick, Gnzulia, Bradshaw Nays : None Motion carried and the Public Hearing will be continued Mayo! Bradshaw thanked Director Gryglewicz. 10. Comeat Apada (a) Approval of Ordinances on First Readiaa There were no additional items submitted for approval oa first reading. (See Aaenda Item 11 • Replar Agenda .) (b) Approval of Ordinances on Second Readina COUNCIL MEMBER GARUTI MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (b) (I) ON SECOND HADING. (i) ORDINANCE NO . 42 . SERIES OF 2002 (COUNCO. BILL NO . 44, INT RODUC ED BY COUNCIL MEMBER WOLOSYN) AN ORDINA NC E APPROVING A JOINT USE AGREEMENT FOR TIIE CITY DITCH RIGHT-OF· WAY WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR HIGHWAY En&lewood City Council September 16, 2002 Pa1e6 IMPROVEMENTS ALONG THE CITY DITCH ALONG SANT A FE DRIVE FROM COUNTY LINE ROAD TO PRINCE STREET IN LITTLETON, COLORADO. Vole reaulll: Motion carried. Ayes: Council Memben Nabbolz, Moore, Garrett, Wolosyo, Yun:hiclc, Grazulis, Bradshaw Nays : None ( c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 11 -Regular Agenda.) 11. Replar A&enda (a) Approval ofOrdioaoces on Fint Reading ( i) Senior Planner Langon pmcoted a recommendation tiom lbe CollllDWlity Development Depanme.ol to adopt a bill for an ordioaoce approving a six-month ex1eDlioo of lbe moratorium on new residential construction in northwest Englewood. 1bis area is bounded by West Evans A venue, West Vassar A venue, South Tejoo Street and South Zuni Street She explained that this extension is being requested so that Community Development and Clarion andAuociates may continue lbe process of working on lhe Unified Development Code. Ifwe stayed within lbe lime fnme oflbe cunent moratorium, our lint public bearing would have to occur tomorrow Di&bl at lbe Plaooina and ZoniJI& Conunission meeting. We are not prepared to l1arl that proc:eu, so we are requesting a six-month extension. She asked if Council bad any questions. Council Member Yun:hick asked if anybody bas come forward IIDd wmmd IIO split a lot or build IDllti. Ml. Langon said I have only bad two requcsll and I explained lbe liluation IIO lbem and both reques11 wae merely informational. They wanted to know what Ibey would have IIO do. Neither penoo indicated that then: was a tremendous desire ... that ii bad to be done. Mayor Bradshaw asked if there were any other questions. There MR none. Mayor Bradshaw thanked Ms . Langon. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I)· COUNCIL BILL NO. 47. CO~'CIL BILL NO . 47 , INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL i;OR AN ORDINANCE EXTENDING THE SIX-MONTH TEMPORARY SUSPENSION OR MORATORIUM ON THE ISSUANCE OF PERMITS FOR NEW SINGLE FAMILY ATTACHED AND MUL TI-FAMILY RESIDENTIAL CONSTRUCTION, OR ANY HOUSING REQUJRING THE SUBDIVISION OF PROPERTY, IN THE AREA LOCATED BETWEEN WEST EV ANS A VENUE ON THE NORTH, WEST VASSAR A VENUE ON THE SOUTH, SOUTH TEION STREET ON THE EAST AND SOUTH ZUNI STREET ON THE WEST, FOR AN ADDmONAL SIX MONTHS. Vote results: Ayes : Nays: Council Memben Nabbolz, Moore, Gaaea. Wololya, Yun:biclc, Gnmlis, Bradlbaw None Enpewood City Council September 16, 2002 Pace7 Motion carried. (ii) Utilities Manager Bock presented a recommendation from the Utilities Department to adopt a bill for an ordinance authorizing a sewer rate increase for the Bi-City Wastewater Treatment Plan Improvements and a recommendation to set October 7, 2002 as the date for a Public Hearing to gather public input on this issue . Mr . Bock noted that Director Fonda, and the consultants from Black & Veatch engineers, went through this with Council, in great detail, at the last Council Study Session. So I don't feel the need to go into any depth here, he said. The Water and Sewer Board has passed this and recommends Council's approval. The Utility Department, be said, requests Council pass this bill on first reading and set the date for a public bearing on October -,. . Mayor Bradshaw asked if there were any questions for Mr. Bock. Council Member Garrett said there were two points he wanted to emphasize . One is that we haven't had a increase in our sewer rates since 1982, if I am not mistaken, and two, even though these are fairly large percentages, our rates will still be below most communities in the metropolitan area. Mayor Bradshaw said that is right. Council Member Wolosyn said she would like to add that she thought the Water Board had a very well considered discussion of it, they looked at the numbers and approved it I felt very good about this, after that. Mayor Bradshaw noted that the Water Board is made up of citizens. Mayor Bradshaw asked if there were any other questions . There were none. Mayor Bradshaw thanked Mr. Bock. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a)(il) • COUNCIL BILL NO. 45. COUNCIL BILL NO. 45, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE ESTABLISHING AN INCREASE IN SEWER RA TES AS RECOMMENDED BY THE ENGLEWOOD WATER AND SEWER BOARD. Vote r,esults: Motion carried. Ayes : Council Members Nabholz, Moore, Gurett, Wololyn, Yurchick, Grazulis, Bradshaw Nays : None (b) Approval of Ordinances on Second Reading (i) Senior Planner Lan11on advised that at the Sepcember J"Public Heariq on Case PUD 2001 -02. The Shops at Hampden and Logan Planned Unit Development. allo known u the Safeway PUD . Council requested that staff provide some wordin& for additional conditions, bued on coacerm expressed during the Public Hearin11 . Those concerns centered on three key area. 1be cloliq of the fueling faciliry , if it should close, what would happen, the off-premise 1ipaae 111d allo liabtiDa-Al IIIICd in the staff report, she said. there is proposed lan&ua11e to be added to the site plan reprdiq 1i&htina and that will be that all canopy ti11hting shall be directed downward, shall be fhllb.lllDUIIIDd uaiq lharp-culotT lununaries and no drop lenses . She explained that this will contain 1iabliDI to the Idle 111d III the -llld • • Eaatewood City Council September 16, 2002 Page8 not allow spillage outside of the canopy aiea for the fueling facility. The second issue is that in the event that the fueling facility should close, that the uae be discontinued. We are recommendina a one-year time frame so that Safeway may locate or lease to another fueling company. Abo we are recommending a six- month extension of that time period; but that six-month extension would only be if there is a viable 111C in negotiation . Thia one-year time frame, she said, seems to be a time frame that would be reuonable for Safeway, u locating new tenants for any business is not necessarily a quick task. That is why the one-year time frame bas been suggested. Mayor Bradshaw asked Council Member Yurcbick if that wu his condition. Mr. Yun:bick said yes. I am comfortable with that, be said. Senior Planner Lanaon said the third item was the signage. We bad a request by one oflbe adjacent property ownen for signage. That would be off-site signage for itj, shop and other shops •Iona the north perimeter of this PUD, she said, to allow them to 111C sipaae on the PUD site. That would also be placed on Sheet 7 of the PUD ... that Sign # 4 will not exceed I 00 square feet in area and that Safeway will allow up to SO square feet of signage for use by the adjacent retail shops . Mayor Bradshaw asked if there were any other concerns that Council brought up, that this does not address . There were none . Mayor Bradshaw said Ms . Langon did an excellent job. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b)(I) · COUNCIL BILL NO. 31. COUNCIL BILL NO. 38, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE APPROVING 11IE PLANNED UNIT DEVELOPMENT (PUD) FOR THE SHOPS AT HAMPDEN AND LOGAN PLANNED UNIT DEVELOPMENT, IN 11IE CITY OF ENGLEWOOD, COLORADO . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO AMl:ND COUNCIL BILL NO. 38 BY ADDING CONDmONS 4 AND 5 AS STATED IN TIU COUNCU. COMMUNICATION. Mayor Bradshaw asked if there were any corrections or additions. We are votiha on the amendment to add Condition 4 and 5 as written in the analysis, she said. Council Member Moore asked if the lightin& is already included somewhere else. Mayor Bradshaw said they need to add the lighting condition. Senior Planner Langon advised that the lighting condition is already on the site plan. Vote results on the amendment: Ayes : Nays : Motion carried . Council Memben Nabbolz. Moore, Gurett, Woloayn. Yun:hick, Gruulis, Bradshaw None Vote results on motion to approve Council IOI No. 31 u .-cled: Ayes : Council Memben Nabbolz, Moore, Gamtt, Wololyn. Yurchick, Grazulia, Bradshaw Nays : None Enctewood City Council September 16, 2002 Pa1e9 Motion carried. ( ii) Council Member Garrett advised that he would not be panicipating in Agenda Item 11 (b) (ii), as he is currently employed by AT&T Broadband. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (II) -ORDINANCE NO. 43, SERIES OF 2002. ORDINANCE NO . 43, SERIES OF 2002 (COUNCIL BILL NO. 43, INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE APPROVING THREE LICENSE AGREEMENTS WlTii PUBLIC SERVICE COMP ANY, AT&T BROADBAND AND QWEST TO PLACE THEIR UTILITIES WITHIN AND ALONG CITY DITCH AS A RESULT OF HlGHW A Y IMPROVEMENTS ON SANT A FE FROM COUNTY LlNE ROAD TO PRINCE STREET IN LITTLETON. Vote results: Ayes: Nays: Abstain : Motion carried. Council Members Nabholz, Moore, Wolosyn. Yurchick, Grazulis, Bradshaw None Council Member Garrett {c) Resolutions and Motions (i) Senior Manager Dannemiller presented a reconunendation from the Department of Conununity Development to adopt a resolution authorizing an application for additional fimdina from the FY2003 Transportation Improvement Propam to ~lement the EnaJewood Circulator Shuttle. I am here tonight, she said, to request support of this qeoda item, requesting permiuion to apply to DRCOG's supplemental funding cycle in their 2003 TIP Program to support the Englewood Circulator Shuttle. A5 you know, she said. we have talked to RTD about partnering with them for tbe two-year cycle, u they bad originally talked to us about funding this shuttle. But funding at RTD, u we know, is on the downside and they responded with the information that they weren't able to fund tbe shuttle in 2003 . So we are searching for additional funds . This is to request one-year of fimdina for the sbu,ttle, in the form of a S7S,OOO.OO match to a $330,000.00 total project budget, which is operating costs and lease costs for the vehicles . In future years, she advised, we will search throughout the metro area, statewide and nationally for allemative funding sources . But, again, this is just a one-year request to this 2003 cycle, she said. Mayor Bradshaw ,noted that if we were to run this for one year and then we didn't get tbe funding, we would have to tell people, of course, that we don't have iL Did RTD give us a window u to when they might participate? Ms . Dannemiller said their response is that it is bued on ID annual budget cycle and we have a better option in the second year. and future years, if we CID show that this shuttle bu been sw:cessful for one ye ar. But they can't commit to anything until we have, number one. shown those numbers and, nwnber two, that they have funding available. We will search diligently for other fimdina sources, she said. Last year at this time , we didn 't know th.it this money would be :ivllililble and there could be, potentially, olber sources of funding out there . Mayor Bradshaw asked if Swedish is participatiJI& al all. Seruor Manager Oanncmiller said. at this point, we are bopina to get u much private participalion u possible . We need to know whether we will have funding and bow much fimdina and then we will go to ,. t .. • • En&)ewood City Council September 16, 2002 Page 10 Swedish and ask. Last year when we applied for the RTD funding they were committed, as well as other private organizations. Council Member Moore asked if we get to year two and we have not secured additional funding, are we tied to any of these numbers or can we just do this one year at a time. Ms. Dannemiller said yes. we can do it just one year at a time. Council Member Moore said then ihc lease costs are not binding us to more than one year. Ms. Dannemiller said no, just one year at a time . Council Member Garrett said I will be votina against this, because I have a lot of concerns about year two and I don't want to start a project that I don't think we can finish. We have done that before and it is not very comfortable. And if we do have excess funds and we don't have outside sources, I think, if we have money in the General Fund, considering the Capital Projects needs, that I would probably be more inclined to direct them there than to keep this operating. Mayor Bradshaw said I think we have to try it for a year. I have to disapee with Council Member Garrett. I know this is a promise I made to constituents in the Swedish area, she said, and I feel like I need to follow through on that. Council Member Wolosyn noted this is a pilot project and, sometimes, pilot projects are for just a year. Mayor Bradshaw said we need to make it clear that it is a one-year pilot project. Ms. Dannemiller said yes, we can do that. Council Member Nabbolz said sbe just wanted to say that with all our budpt cuts and our sbonfalls in tlte budget that as Iona as you say it is for oae year and we 1111b it petfectly clear where the ~ ii c:omina from, because if we are just taking it out of our General Fund, in my opinion, lbat does 11111 look aood Council Member Garren confirmed that it is $75,000.00. Ms. Dumemi1ler said yes, lbat ii our match. Senior Manager Damiemiller advised that there ii a requimnent, on the pan ofDR.COG's application process, to explain bow you will rmrket the project. So in the application we will, very definitively, say that this is a pilot project and we are hoping to justify numbers for fu111re years funding. Council Member Moore said if this works and we get the grant, bow long would it be running before we have to make the year two decision? l:las1cally , Ms. Oanncmiller said, you can apply to RTD within their bud&ct cycle, but you are committed for a years worth of funding . For example, most likely this project will not start until fall, with this funding cycle, so ifwe went from November to November wc would have that period of time to acneraee additional funds for the 2004/2005 cycle, but we would apply to RTD in the 2004 cycle for a years worth of funding . Council Member Grazulis said I think we need to ao ahead with this one-year pilot u indicated, because I have also made promises to constituents who were very 11D1cb in favor ofiL I feel. sbc said, lbat we sbould at least try and especially with DRCOG. I think wc have a 11ood chance . Council Member Garren said. during the budget retreat I would like to poim out that we mipt want to consider that we add another S7S,OOO .OO to the budaet. which will diminish our raerve unlcu we 1111b it up in other places . Coimc il Member Wolosyn said isn't this almldy in the budaet? • • Eaclewood City Coundl September 16, 2002 Pace 11 Senior Manager Danncmiller advised that this is in a Community Development fund a!Rady, this is in our operating budget. City Manager Sean said I am sorry, I did not think that it wu. But it is in the Capilal lmprovementl then, be said, I stand conected. Mt. Danncmiller explained that it is not listed in Capital Improvemems becauae it is not, actually, a physical Capital ~vement. We put it in our matching fianda, in our Operational Bqet Council Member Garrett said that is $75,000.00 we could use otherwise ifwe didn't pled&e it. Mt. Dannemiller said yes, it bu not been approved yet ... you ue right. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I)· RESOLtmON NO. 85, SERIES OF 2002. RESOLUTION NO . 85, SERIES OF 2002 A RESOLUTION AUTHORIZING APPLICATION FOR 1llE 2003-2008 TRANSPORTATION IMPROVEMENT PROGRAM. Voterenltl: Ayes: Council Memben Moore, Wololyn, Yun:bick, Gnzulia. Bradlbaw Nays: Council Members Nabbolz, Garrett Motion carried. (ii) Director Rau pracnted a retilMIUIM dlrioa flom tbe Depaw o{c-ity Development to adopt a raolution IUlborizin& an application for addilioml ftlltdina hm tbe FY2003 Transportation Improvement Program for the Bis Dry Creek Tnil pn,joc:t He nplaiad dial the Solld, Suburban Trails Foundation bu ~ tbe City of EnaJewood to apply, oa their balf. far TIP funding for extendina the Bis Dry Creek Trail between Pnlpaa Part and Lellow A-. We -1111e to ult Council to approve a resolution to authorize the Mayor to sip dat applic:aliaa, lie said. COUNCIL MEMBER GARRrn' MOVED, AND IT WAS SICONDID, TO APPROVE AGI.NDA ITEM 11 (c) (U) • RESOLUTION NO. 86, SERIES OF Zlt2. RESOLUTION NO. 86, SERIES OF 2002 A RESOLUTION AUTHORIZING APPLICATION FOR 1llE 2003-2008 TRANSPORTATION IMPROVEMENT l'M.OURAM . Mayor Bradshaw said I will be abstainina because I am the chair of tbe South Suburbia Pub Foundation. Although I would love to vote, she said. it mipt look improper, so 1-•'*"inina , Council Member Moore asked Direcior Rau to review the numbers . I Sot a little coallised by that S 131,000.00 illld the different soun:a, be said. OU'CCtor Ross advised that, buically, !bu applicalioo is for a Pllliect M CCIIII $656,000.00. n. TIP applications are required to maich 20% of !bat, so our reqwred ~h is S 131,000.00. In Ille 2002 8udpt we conlributed $50,000.00 to the Soulh Suburban FOllllllalioa. They an ,.._.. dial we am dam anolher SS0.000.00 in our 2003 Budpt and by..__. ... ii il. dial is an -will be ...... ID~ They w1ll 10 to Littleton. he said. or IO their eX1111111 -.. lbat Ibey llave avaiiabll to lllilfy die NII or that match. Mayor Bradshaw said the Fowidauon WIii . Mr . llOll llld lhal II cornet. En1lewood City Council September 16, 2002 Pase 12 Council Member Moore said, so, we are putting in SI 00,000.00, in total, to the project. Duector Rou said if you approve the second SS0,000 .00 installment. Council Member Moore said you list St 9S,OOO.OO for the State trails and S 120,000.00 for South Suburban. Are those monies going in u welt? That seems to exceed the match required, he said. Director Roa said it does. BL~ically, this is a long shot If they do actually pt thia TIP mmiey, be said, they will take that money that is already available and apply it to go beyond Lebow to Bruedway or to try to accelerate further trail construction. They are just doing some leveraging. Council Member Wolosyn said it is a long shot. I lbink tbae are ftmds tbat are out there, that ue going to go somewhere and we should, at least, try to brina them to OID' comnamity. It ii somethiDa we are conunitted to in the long nm anyway. That ii my feeling. sbe said. She noced that all oftbae DRCOO things are really big long shots. Director Ross stated there are SO jurisdictions co~g for the same -r that we are, u Council Member Wolosyn indicated. Mayor B111dshaw said I would love to participate in this dilculSioo, but the allOnley bu told me DOl llO, IO I will just let it go at that. Mayor Bradshaw called for the vote. Vote renlts: Ayes: Nays: Abscain: Motion carried. Council Members Nabbolz, Moon, Garrett. Woloayn. Yurchick, Orazalis None Mayor Bndlbaw 12 . Geaeral Dllcualoll (a) Mayor's Choice ( i) Mayor Bradshaw said I recmed an iDYitalima ID aaimd die Saiat Lum Lofts Open House, being held tomorrow. She noted it ii a Fullerton project IfanyCOUDCil members are interested in attendin&, she said, I have the information. ( 1i) Mayor Bradshaw sud I would like to coq,limcat Cllria Oboa 1111d 1u Slaff; 1111d Ken Holland, on the excellent 9 11 pro8f11111. It wu an honor to be a pan of that. From the feedback I received. it was one of the most tuteful proarum in the area . Council Member Wolosyn said I tbouaht so, too . (b) Council Memben' Choice ( i) Council Member Gan-eff: I. He said 1 would hke to see if it ii Council 's -tllat we llad Ma. Williaaa a"'- accepnng her applicatlM to the Liquor Authority. Councd coac:uned. Englewood City Council September 16, 2002 Page 13 2. He said I attended the Fanner's Market this past weekend and it was a delightful experience. I bought too much and ate too much that afternoon and it was really fun to come down and see that. ( ii) Council Member Wolosyn said I remember when the Cultural Arts Commission came and visited the City Council and they talked about the fact that several members were involved in trying to do a partnership with the school district's kids classes and the Englewood Education Foundation, to get a Strings program going in one school, Maddox. That has been successfully initiated, she said, so much so that they put another one in Clayton and they have 50 students. All the money that I made teaching at MOA this summer goes directly to helping out with that. I feel very good about that, she said. (iii) Council Member Yurchick advised that he, probably, wouldn't be here next week. (iv) Council Member Grazulis said I will say that the 9 11 ceremony was very nice . The large flag, hanging between the two ladder trucks, was a real Kodak moment When I tumcd around, she said, and the flag was swaying in the wind, it really did choke me up. She thanked Safety Services. 13. City Manaser's Report (a) City Manager Sean said we sent a proposed agenda out for the budget workshop on the 2s•. Obviously, it will be a pretty intense discussion that morning. We wanted to have all of the departments speak a little bit about their budget and what they have done and maybe some options or how the finances are going to affect them. But are there any particular approaches or items that the Council would like for us to add to the discussion that morning? If you don't have anything tooi&ht, he said, but later you think of something. please let me know. Council Member Wolosyn said I am surprised that we are ending at I :00 p .m., not that I am particularly dismayed, but generally it goes longer. Mayor Bradshaw said that was my request that we start earlier and we pt out sooner and that way you still have pan of a Saturday left, instead of going to 2:00 p.m. or 3 :00 p.m. in the afternoon. But, she uked, what is Council's pleasure. Council Member Yurchick commented that he felt they could go over that time if they needed to. Council Member Wolosyn felt it would go over that time . (just didn't know if the time was locbd in, shl: said. City Manager Sears said if we go over, that is fine . That was just kind of a goal that we had. Council Member Grazulis said she had one idea or request. When we talk about deleting the funds for the Skerritt House, the Depot and the Cultural Arts, she said, 1 would like to pull thole items out and deal with them individually, as opposed 10 grouping them all together. I would like tbal, shl: said. Mayor Bradshaw asked if there were any other requests. Council Member Yurchick s:iid I r quested some nwnbers from Frank Grypewic:z. some additional detail, and I would just like to see it included in all of the Council's packets this time. Ciry Manaser Sean said we will gtt them to everybody. D iret"tor Gryglew1cz said we are actually workina on those . They take quite a bit ofim. to compile and we will have them 10 you as s oon as possible. With just aertin& the budgcl pnnlCd and now doin& the Eaatewoocl City Council September 16, 2002 Pa1e 14 monthly, and everythin1 else, we are pretty buay riaht now . But, be said, we will aer it to you u 100D u possible and it will be sent to everyone OD Council . Council Member Yurcbiclt said before the 28*. Mayor Bradshaw said before Salurday the 28*. Director Gryalewic:z said yea, they better have It done by then u it wouldn't be very belpfta) if you don't have it before then, IO we are wOlking OD it 14. City Attomey'1 Report City Attorney Brotzmu did not have any matl9n to brina before Council. IS. AdjG111111m11t ~AIIIIIHIAW MOVED TO ADJOURN. Tbe meetiDt ad,joumod at 8:20 p.m. . J.~ ·J . J -D -0 ...D _, _, J _, __jJ -~ A ~ _;,I ...;.I ....I ..... ~ _. ~ _. _. 4 -· _. 2, ---. ___ ,2. .Jf(_,e.7J_~e.__£ n._l&~e.ls _ .. / _<':.7(_~, ;----.. _ -~ ~~~-~-zl~i ;71: ~~«.~: 'llt:·;I{;;.:, .. ~ ~ ~-----~ ~ ~. · . ------11e.. 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J .. .-i-r -· i" -clte 7teitt -tL·;.t; t" -/J·~ ~.-.., •~4's. . . -. . -- . . . .,_ __ -- RECEIVB>:---·==~ -=-~----_ • . _ _.._._. -IEP .11.·21112. -... ;. ___ .!_ -·---. --· ------·---Ge-----. -. ~~--~--:-~-~-~~=~---~ --··--- .-__ _, ___ ·-· •__: __ "'-·· .. ~ ~------·--._.._:--· -·----.... ··-·· .... ,_ .. ,_ ·--··· -.:.·-···-- ----·-----... ___ _ .... -.t ..... ----·---· . ··-·_._:,___ __ ...... __ ··- --· · --------·-----__ . _ .... ..__ ___ ··- ··--- . • • ____ :..__. __ • __ t __ _ • : .a. -· -~ _ _,. .. __ _ · ..... · .. -... _ ... ___ ·----.. .._ ___ _ ... ·. --_ ........ -·- --··-··--···--· ·--------------:----. . . -. _: __.._ -..._. __ _ ..... __ ., ------- -·--·------:· •... e • C l C. l C C. ... ... t... ~- 1,,. ~ .. ~ c.. ... .... ..... ~ ~ • ... ~ ... 1-..... ..... t- r r. r. ~ PLEASE PRINT PUBLIC COMMENT ROSTER AITEM 7 DATE: October 7, 2002 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FNE MINUTES =NAM=E _____ AP ...... PBE~s""'s __________ • 1111111.iC: PIC!ase add vour name and address, then fax or mail! "'e. the citizens of Englewood, own the 1864 homestead of our town founder Tom Skerritt. Our City Council promised to save it. Now they say "Tea,. it Dow, Let's ttll them R'ftljlp THE DEMOLITI01 C\ lV MI-\NAbtti~OfflCE ENGLEWOOD. COLORADO Tt1 All City C1J~1ncil l\ilembers: ,k..:rritt l l11u$e ·,; :i uni(i~..:. irreplaceable ::omm•.i:1:~ asset -a remarkable su!'\ j, or of 11ur p1on.:..:r :'~:;· ~k..:rritt Huus , w;;:; u,·dared an Englewood h,,.oric landmark in order to protect it frr m destructi<1n . In 200~. L· :rl c:,v •.>0d wiil ..:eh:brate its I 00th b!rthday. Skemn House will ceiebr:ll..: its 139th . Show :.ome respect fo our pioneer founders . ,_. .... -~~-:!'•,: ~.,11se as th..: c.entc ·:: ,;e of our Cc:ntennial cclebr:ition . ",J· ··: .~i.. ,•:,-i•.• ·~-;!1, • ••• · :1 =1•1· ·., .tt m,: ·hildren and grandchildren. j "'1 1 \\:Jill , ,H: ,,, , ,1 ·., ••• i.:; C:1! .-:;1l ft• tns.:11·.: Si;" ·•itt Ho11s.: aml Cu/,1r,ui11 Pr.:s.:n-11io11 . Inc. lO JI.' ~ .1 pi .111 t,• ,.i,·..: ",j..:mtt House :md lc:g:ill~ ::,· .. :c i·s sill"\ i\':il into the ti.lture . D i \\ ant :h..: ..:11, , ~-:· .iir ; ,m 11-:: :i,:,, • ,: :~\·,:nitt H,nse in perpetuil~ and proci:ed "it , the pr.:, ious i:- i'lann,:J rd1ahil 1:1:K'n .. TL' as,1s: :r. · ·:,'·,n .: :~ .• fo ids nec:ucd to s;i\'e the huus.: ..1.ml estar,lish .i !1\! , 1..::1.mt. I h..:rdw . :<.•·: ·:: -----··-·---. M \..:c..:pt m~ ,,i't'..:r : p:Jrchas..: Si..•:mt!J:tiu~ J..ur::lerst:im!, the: ,·,>11,m m;,;: ~ • \h mimmur ·ffer\,illh,:S-~-~-6,:;t ·C'~ • fh1 s .imnun• ,t,,: ..:ity 's rurch~ic: p, ic -,,i 3\-:mtt Hous.:. kss an rnsuranci: ,, ·tkm.:m ~,:c.:1\ ,, • 1'11,: lwu~..: 'Ol ,, t->..: us..:d as .i resid.:;,ss,_ ,~re=ai:astl:; it'ive . ~ -':::J ,~ .. --- • I .1;,;n :.: tll rcb ,'-i i;•~·:: !he (Klll!C ;!)11\ l..•·ei:, 1h~ ,,ropc:n~ in gooJ rc:pat?'on its c1 m:nt site:. :\n~·"· I ,..:ii th..: pn,r ;~:,-to must Jo th<' ,.,,,1c:. • I ~.m ..:.1\1 ~o.: ·N~--eti1' for rn:n~n ·:t",·1 •• mi:, .ies.:npuon of :1,·:i1lahlc: i;rant ~ funJs aml ux :,, .. --J ,? ) ( J _J~ i.£S..,,_l __ ,._._,:~/>:. t>. &it· -;--· ._ ,-· • -L l... ·:-~ .. ". _,._._;:·"'..,""-'~-...__ ..... ;...· ---''-~-''""" J ' \ .:.L' / J :..J __ , _ _.~' -ff..-....., ~ ~ ·,:it"; C -,4=4"i t. •,ti ·::cs.~ '\.un: -., ~ / / ) I ~: !' l'h, •n..: l.l·.6111 .. uM.11...l rC.:i'l¥!p#riilftciiiw;.1rt 1 .._' ,. -, / !,' / <.; (' ./.,.*.,.~r~-------- _.; <;, 7~·~ C:·1+·'7 1fl- c~11 Ci~· ('ouaeH"""303-762-2:Ho f,n o: ,n~il to Colorado Pr1M1"arioa, lac .• at JOJ-193 -4.3~3 t 'N.M· ,, ~. ce ~trttt. Suite 36ll. Deanr, Colorado so·.u? .1 ... c. l!obla7 Jr. C':':"!lt.r·:~t!.c-!: Superi.'"lte:i:ient fro:t Feb. 1967 to June 1$, 19!!2 I wu ecploy.: 'tJ.r Olson Cautnction Co., 81'0 so. Juan, !>enwr Colo. 80223, phone 7~1$1. ~ •jar project.a wit!. • The area la:.cnm as West Coi::;,la at Cin3Nlla Cit)' Shoppq C•ter (Bet.wen ,!>Inv• llr'y on the north and Lunan an the aouth) • The llay D l F Dlpartment Store in Colorado Si,rinp ( Anthlan Plasa) • At Sa!'eway Distributic:m Cent.art The !roan Foods Warehouse; lan-Foo:ia Warehoaae; Bakery; Pro11lce WarehounJ Grocerr ~arehoase, Truck llepaiJ' Gvaire and !)1.spatch o!rice. • '!'ht! Cor.ipla at !>er.ffr Te::'!lnolo11:ical Center I S -the job I u 1110St 'Pl'OU':! or. ad!!. t!.on! to t."ie Conve.'"lticn Center and X.yat.one ii ct.el Sho.:. , anc: the Su:r.1 t F.ouse. • ':'he s:::=.: Cc1:1;:la at ,Dlnnr '!'eat O!'!ice Park. Buildinp 8 an::I 10 are o!!ieu and Buil:i~ 9 1a t~• Scl..r Enera Labontcry. Fer re!e!'ene• at Olson Construction call, l!r. John Johansson, Phone 791'-3~77 , rar work dc:me 'ba!'ore Jan. 1979 llr. !lick Goodman, Phone 1'21'-o8~3 , !or wcrk done be!'ore .!an. 1979 l'or work do:ie since ,Tan 1979 call Mr. Georfe Childs• Dan J.indemre, CII' G&r7 ":'?lomu at Olllan Canatructian Co. TIJ,-61$1 Lilted below an 1om or tha jobs I dU betON 19671 • The Stea Plant !xpandm Project• ,_blo Aff(f Depot far Tratan l Sbre9Y9 lnc. For referenoee1 call Te::I Sh""9 at SIS-7291 • !he Tanet Star. at .. atland Shappial C•t.er for I. T. l1drard CGDatnctica. • The FCJl't Colliu Stora,-~ for T•Wiaa c .. tncuca. • Onel.q 'fwrm1nal lluu-roir for Utilities ~. and Cout:racticm • s~ w.1'1.llic' Coimt7 Roapital, Fort ColliDa, Colo., Cook Dl'1II Store; lndaatri&l Art.a hil.dinc, Colorado Colle,.e at OreeJ.q. Calo. for C&rna7 Caaatruction Co. • 111' Force Acadnt' H.tainq 'l'lalls; General llotors Zane Office an~ 'P.'arehouae at 43 and le&fflll,T• Dalffer, Darnv, Co1o., lllYine bdaar School ad bctory-. Colorado S]ll'1ap; 1'eatm.mtel' Plua Shoppq Cater, Westainster, Colc.r Structural Cancnte Dlclr at Bowan !iscuit Co. (now leeblera) 5000 Oaapf for Lane Conatnctian Co. • '!'huter I l at Lowr7 ?'ield, Safnq Store at 38th and Aas, &Dd house projects for DeD"fv Builders Inc. Call Foreat J. J1Daen at 794-1827 :er . reference (or call hilll at IC Conatnction md Suppq). Two 7ears or Arcl-.itectlll'al ~inNl1D& at Colorado 1Jbi'l'9l'aity 1n !lmTv, plus siz o: the Supeniso17 C01D"Na offered 1n the 1. o. c. Trainq Prep-am. __ ._ cel.e!IAN - ~t 10, 1111 Mr. Jala Jobam•• Ola• Caaamactica c.,-, ,. o • ._ 9314 Deanr, Color .. o Dear Jala: I Wllld N nmaa if I tia1 t writa aad tall,-.._ plau .. w wn wltb tba baadU.111 of tba -aeon at Colorup ,~prmp. 1 ~ Na S.Olwd la• lot of lluildm, phjeCCII la tba laat tllalft ,-n • 1 llaw .. MWr ... _. pod • aaootlll7. !Ilia, I tldak, Sa ...... trtlluta to ,-, ,-r oqaaia&tica _. to JS. 11111a17. llaouelf J9UI. ~:-; . .!~ Attention: J ... s Mobley Rodney Burt From: David Butler RE: Hartin Marietta Memorandum High-Bay, Air-Lock and Boiler HouH Addition Date: Noveaber 10, 1982 After todays project aite visit we are auch iapreaaed with tha prog r eaa of your job. The auperviaion and direction that your affordin& the various subs haa contributed treaendoualy to the overall proareaa. Now that the project ia aovina, it'• up to ua to keep it aovina and ae t our siRhts on improvinR the completion date. Close coordination with our aubs and aanaaeaent can produce tboae deaired results. Keep up the aood work David J. Butler Director of Construction 1011 Saalt 8-SL • 0-., CO I022J.2197 • (303) '73:M6S4 October 21, 1185 Mr. Jta lloblty Anheuser Busch BrtWtry 3500 East County Road 152 Ft. Collins, Colorado 80524 REF: Anheuser Busch Fort Coll ins, Colond:, 18537 Dear Jia, All to often we do not takt tht tt111 to pass alont a coapltatnt tvtn though wt always pass on a coaplaint. At this ttat, I .ould likt to pass on a COIIP 11 atnt. Recently Ray Pieper, Prtstdtnt of J.S. Albertct, was speaking with Al Littiktn, Viet Prtstdtnt of Anhtustr Busch for all dtsign and constructton, about soae up coatng llfOrk lllhtn Al started talki!II about hts vistt to tht Ft. Colltns job site. Mr. Ltttiktn told Ray that ht had vts1ttd Ft. C~111ns and loollad at your .ark and it appeared our people kn• llllat thty wen doing. I believe H.K. Ferguson confi....a-thts to Mr. Lttttktn. Jia, you and your crtw are to be coap11atnttd. KNp up tht good .ark. Sincerely, ALBERICI/DENYER, INC. , (ij~J::~ ~~~'-- Charles Gibson President CG/rb cc: Lyn Farley Barry Stegtl TO: All Saladecl Peraoaael naMs Cbarlu 1. Cibaon DAD s S.pteaber 25, 1914 MINO U: lockwll llltenati.onl luilcli111 460 lult•taatial Coapletioll I -pleuecl to UIIOUIIC• tbat lock7 flau Mt it'• aabatuatial caatleti.on elate 7eatarclay, S.ptaber 24, 1914. ly cloi111 ao, tltia project will bri .. to the caapuJ a aubetalltial b-• cbeck, $150,000.00 for aai-early coaplation. Special coqratalatiou an bl order to L,a rarl-,, Jia lloltl-,, Jia llaWll, lob 1.ea'IJ aM lboD4a Viut for tlteir efloru ia ••ti .. tltia .. te. We aboalcl all be nry prod of tll• locky rlau hoject or.... fteJ a.... aacceeclecl ia obtaW .. a pal aicll ~dci llku to nfer to, "Oa tiaa ac1 Uacler laqet~" Due to tit• effort pot fortll Oil title project, Al.Hrici ua a -•ll•t csllaac• ill obtailli .. futar• aeptiatocl projecu wt.tit lockwll acr•• tile ..-Cl'J• lock7 Flau Ila• bHll • project eicll will b.-fit our caapaay fr• tit• profit •taaclpoint u wll u tit• aarkati .. auupoiat. One• aaaio, coqratalationa for a fiae job! Siaceraly, Cllarlu 1. Gibaoa Preaicloat cc: la,_.. Pi.o,.r Jack ._t GuJ Joator ,,.. .. ,. DATE: October7, 2002 PLEASE PRINT NAME (J PROCLAMATION WHEREAS, more than one billion people -one sixth of the world's population -are between the ages of 15 and 24, the largest generation ever in this age bracket; and WHEREAS, nearly half the world's population, and 63% in the least developed countries, is under age 25; WHEREAS, 17 million young women between the ages of 15-19 give birth every year, including some 13 million who live in less developed countries; WHEREAS. early pregnancy and childbearing is associated with serious health risks, as well as less education and lower future income potential for young mothers; WHEREAS, approximately half of the 5 million people infected with HIV last year were young people aged 15-24; WHEREAS, almost 12 million young people now live with HIV and about 6,000 more become infected every day; WHEREAS, the choices young people make today regarding their sexual and reproductive lives, including responsible male behavior, will determine whether world population stabilizes at 8 billion or less or 9 billion or more; WHEREAS, the theme of World Population Awareness Week. proclaimed last year by United States Governors of 31 states, Mayors of 288 U.S. Cities, and 266 organizations from n countries, is "Population and the Next Generation"; NOW, THEREFORE. I, Beverly J . Bradshaw, Mayor of the City of Englewood, Colorado. do hereby proclaim October 20-26, 2002 as W ... Pip I t1en Awanam W• f and urge all citizens of our City to take cognizance of this event and to participate appropriately in its observance . under my hand and seal this 7th day of October. 2002. Beverly J. Bradshaw, Mayor .. ' • • September 15, 2002 Mr. Kells Wagoner Chail'llllll Plannin1 and Zoning Commission Qty of Enpewood c/o 3301 Soudl Race Stteet Enafewood, CO 80110 Dear Mr. Wagoner: RECE~VEO SEP l E 2002 CIT y MANR\)01.::> urr-t~E ENGLEWOOD . COLORADO Servin1 briefly widl die Enpwood Plannin1 and Zonin1 Commission bu been a pleasure. However, II tbis time I would like IO lender my resipalion effectively immediately. The considerable voluntary time commitment tbll is required is no lonpr acceptable IO me after radin1 die less dlu collelial remarb by c:ommiuicmen in die IIIOlt recent minuees of the commission. As it reprds commiaioner comments reprdin1 my prepuedness. you can rat IISllred tbll I wu very much in IUDe widl tbe iuues II bud and prepared IO assert myself a I professional. I consult top-level CEO&. eucutive direc:110n and aovenumat officials each year and succ:essfully bill diem 111ree....,... of a millioa dollm i• fees for my 11mC11. I llaw served suc:cessfully on IIIOle dlu two-dozea hip profile boards of directon whit pnile for 0Ulltlllldin1 service clurias my distinpisbed 22-year w-i• tbe Deawr-. Before tbat I wa a topdecoraMdjournalist in tbe U.S. Navy. Consiclerin1111at I have specialized in civic and real -developmenc in Deaver uce 1911, wu die bead of PR for the largest chamber of commen:e west of die M"lllillippi for five yun ud am a real est.are wrieer for The Denver P'olt. I would aaert dlll I am betlerqualifted ID ave die city than several of my esteemed colleques on die commiaion. The usertion by fellow commissioners chat I wa less thaa fully prepared for die issues II band is wron1, mean spirited and ill informed. Pemaps before commelllins. die~ commiuionen would be beaer served to aaune themlelves widl credeatials rllber dlan shallow assumptions . Best wishes to you in your work. Sincerely, cc : Bob Simpson. Beverly Bradshaw NO. SERIES OF 2002 PLANNING AND ZONIN COMMIS. FOR THE CITY OF ENGLEWOOD. WHEREAS, Kent Diekmeicr bas served on the City of Englewood's Planning and Zoning Commission as an alternate member; and WHEREAS, currendy there is a vacancy due to the resignation of a member of the Commission; and •• WHEREAS, the Englewood City Council desires to appoint Kent Diebneicr u a regular member to the Planning and Zoning Commission; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood City Council hereby appoin11 K.ent Dielaneier u a member of the Englewood Planning and Zoning Commission with bis term effective irnmectiately and exp~g on February l, 2004. ADOPTED AND APPROVED this.,. day of October, 2002. AITEST: Beverly J. Bradshaw, Mayor Loucrishia A. Ellis, City Cleric I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. Seric5' of 2002. Loucrilbia A. EUia • . ..L SERIES OF 2002 . fr'll!l •·~,~~..,_al'Y nn •~v •fll!ll ~-~ • '19 if%\ fM--'lVnUn ~n.,..w.-. .... llllftr~ .. L O'i SING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Robyn Williams bas applied for appointment to the Englewood Liquor Licensing Authority and City Council bas interviewed applicant; and WHEREAS, a vacancy bas been created by the resignation of J. L. Barnes; and WHEREAS, the Englewood City Council desires to appoint Robyn Williams to the Englewood Liquor Licensing Authority for the remainder of that term. NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCll. OF TIIE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Robyn Williams is hereby appointed to the Englewood Liquor Ucensing Authority effective immediately with a term expiring July 1, 2004. ADOPTED AND APPROVED this .,. day of October, 2002. ATTEST: Beverly J. Bradshaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City ofEnpwood, Colorado. hereby certify the above is a true copy of Resolution No . Series of 2002. SERIES OF 2002 t1111cw•• recwa,r, ORY COMMITl'EE FOR nm CITY OF ENOLBWOOD, COLORADO. WHEREAS, Edna Blair bas served u a member of the Code Enforcement Advisory Committee; and and WHEREAS, her term expired October 1, 2002 and she deaiJa to be reappointed; W'HEREAs, the Eng)ewood City Council c1aua to reappoint Edna Blair to the Code Enforcement Advisory Comminee for anocber term. NOW, 1llEREFORE, BE rr RESOLVED BY 11IE CITY COUNCD.. OF nm CITY OF ENGLBWOOD, COLORADO, mAT: Scc;tigp I. Edna Blair ia hereby n:appoiated to the Bnalewood Code Enfon:ement Advisory Committee with her term effective immediately and expiring Fellruary I, 2004. ADOPTED AND APPROVED Ibis -,. day of October, 2002. Beverly J. Bradshaw, Mayor ATI'EST: Loucrishia A. Ellis, City Clerk I, l...ouc:ri5hia A. Ellis, City Clert for lbe City of EnaJewood. Colorado. beaa,y cenify the above is a true copy of Raolulioa No. _. Series of 2002. City of Englewood AGENDA ITEM I DATE: October7, 2002 To ptller public lapat on die (Coatlaaed from September 16, 2N2) PLEASE PRINT NAME Debt Serva Ftnll _..,lo,"' llCiCIIIUlllall ""',.,. nwtalbondplltqla llld ...,a,., .... ~ debt _,,,., . .,.,._.."',,.,,,., ... .... General Oblglliorl Band FIIIII S 482,000 $ 368,825 PO t 37 -v• S 3.253 3,523 Concrlll~Cllillrict S 5,711 $ 4,300 PO t 38 S 75,579 $ 81,500 PO t 35 • Navajo S 38,340 S 30,800 ~AlwawFtnll_.lor.,,.. __ .., nllgafy-*-'ID ....... lor,-taa,..._ ec.-.lon Tlllll l;nl S 315,840 S 310,000 QJmrneldll ~ Laa, F S 8,00D S 25,100 Comnuily ~ fin S 150,000 S 150,000 Donall Finl S 144,500 S 141,400 c.,.. Pro;,c,, Ftnll_..,lor,.~llld- slndoo al m,;o,...,a,,.,,.,, ,_ ....,,,,~ p,ielaty Mids 111d ..... Uldt. Nllic lmpl-,i FIR! S 2,752,088 S 2,301 ,800 Capilal Projlctl Finl $ 90,000 S Jon v ...... ...,..,,..._.,wllidl~ --~ ........ llld ... a:Mylor .. ,,.,.,, al,. Id* ar ... ....-llld n wllidl,. Ol'i*" .. ,.., anguini, ... ..... l.AIIIIDrw'Engl w........ S 18,821,564 S 18M2,013 ...... E:;1 • W ,,.,,,.,S.-Ftnll80DOlnlor ........ al ... ar-*-p,Vllldldl,y_._..,ar..-=,IDdltlr ..-.ar .... al ... ~IIIIIIDdltlr ~1111-cnamltllilllll m•IIIIIIIIL Snclllllr F11111 I 1,504,5151 I 1.175.212 Clpl&I Equip AlplamaC Fu I 111,7.. I eao, 121 Clnnl SIIVicll 1'11111 I 310,500 S 333.154 lllklla ....... 1'11111 I -.000 I 1,108,18' Enpp 11n111 1'11111 I 4,471,120 I 4,15211, 1• ir-e,.... a...,.Fllllfl811111111111r ....... ....,llld .... ..,.,__. ... .,,... ..... ...... w.r 1'11111 I s,a, 111 I 7 :rNlfJ2 S.. 1'11111 I 7,Q4111J 112,121,521 9lalm Dnlinlgl 1'11111 I M.OOD I a.e,11 GIIICallNFIIIII I 2,Clli2,000 I 2,514,112 Canela la, 1'11111 I 5e.21iO I 715,1111 Hau11np lllhlllllllloi, 1'11111 I 1,0l2.000 I 1.0l2.000 111eRM/aryFundlaniltalNlluldJlllll..-=,tna TIUIFclldJ • lllldlD8111111111 lor _. hlldl,y"' Glly ., ...... ~ . ..., ........ ., ...... . -hlldbylllG'ly• ..... lor ...... ,...~ imfclll, ,,,,,,,_,_.....,,,,,,.,... MlllrCnlrTIUIIFinl I 15,00D $ 300,000 Plllil I Alalllall TIUII fin I 14,00D S 10.000 Specill---!kilM I 11,313 S 50.III 2003 Budget Summary City of Englewood PTOplllyTu Spec:ilic o...tip Tu S-IUNT- Cigll-.Tu Flllldile F-~,,.... 2003 GENERAL FUND REVENUES 2,4111,000 Fina I FGllllua 3IO.OOO a..,. tar 9INIGII 23,711,708 ...... --flllllllan •l'lapatrTa •11pea11ca...,. Ta Dllllla&U.T- ·~Ta ........ Fem •u...a ........ .... ".._.. ..... •""-a fclllllll.-•a.v-tar a.... ....... DAlrnllllarl 1.0ISJIO 1.111,m D,IIIIO 1.3111.411 1,l'I0,1111 If 5 IIGUIIOlw 111,1111 -.on "*'1P*"·· ....... 1,411, .. TCIIII......_ • ..,.. 2003 GENERAL FUND EXPENDITURES Ufllllan Cir,..,.,,, C..Ult Cir ...... .._ ...... ,__,Mia. .... ...... T ..... .......... •car..,.., ·aCDuit •car....., •Fllwme&Adnl •1n1ann111on Tedi 14% •P\dc WOIIII .Col*lglncy •Salltys- .ColNNnly Dav DUblwy .Aecnllloll 422,422 NIie Walla 4.m,374 741,121 S.,SINIDa 15,38"4«1 143,171 eai-.,DMlapllM 1,110,528 111.7117 ... 1,211,221 --~ 4,171,443 1.-... DIIII.._ 1,710J!l7 1Al.111~ 3M,IIIO TCIIIIEpdul • ....... IDterOfflce Memo To: Englewood City Council / From: Frank Gryglcwicz, Director of Finance and Administrati ,,...-://~ -····-7 !. , Date: October 2, 2002 • / Sabject: Updated 2003 Budget Notes For The October 7, 2002 Public Hearing I have updated the budget notes, and a IUIIIIIIU)' of adjUltmentl made at tbe Sepmnber 28, 2002 Council/Staff retreat. I have allo attached a 2003 Budaet worbbeet for tbe Geaeral had. Tbc worlcshcet indicates an endiq ~pated fimd balance ofS3,387,886 or 9.4 percent of total sources of funds. General FaDd Reveaua ud Trudll'I: • Sales and Use taxes an: lbown $1.4 million biper than tbe c:unmt 2002 atimlle. Tbc reason for the increase is tbe build-out of CityCcntcr Englewood and a modest economic recovery in 2003. • Only previously collected administrative fees due the General Fund are included in tbe 2003 revenues. • A proposal to include a $25.00 sales laX lic:enle fee to help ofliet tbe COit of ismmce. This proposal should genenae $15,000 to $20,000 in additional reveaucs. • Ambulance fees were increued in 2002. Thil ICtioa lbould remit in a ldditioaal $100,000 in rnmuea for 2003 . • Parks & Recreation Deplrtmmt bas propONd a five percent acrma tbe lard fee increase. • The Bates Station, Depot, and Skaritt HoUle encumbnncea may be mened. The Bates Station fimds will not be decided until after tbe OclDbcr 15, 2002 I.TD Baard meeting. The residual IIDOUDt after making tbe PIP whole could allow a eati_...., $300,000 transfer (shown in 2002 estimated) to the General Fund. • The Capital Projects Fund will transfer $250,000 (lbown in 2002 ~ tiom ftmd balance to the General Fund. • The Capital Equipment Replacement Fund (CERF) will ll'IDSfcr $41,152 to General Fund. These funds will be transfcmd because Public Works, Parks and Recreation, and the Utilities have agreed to delay tbe purchase ofvcbiclea. General Fund Expeadltura: • A proposal to reduce sales tax vendor fee &om 1.6 pcn:ent to .5 percent will be prllllllllCl to ACE for their comments. This propoul requires an ordinance beilll ...-• 10C111 • possible so new tax forms can be printed. Tbc •vinp to tbe City ii •in-.d It $296,706. • The ScrviCcntcr Fund bas agreed to temporarily reduce General Fund realall lmlll $151,639 . • The Information Servica Depar1mmt bal delayed ID upplde of tbe wicc and dlla circuit for Wastewater and ScrviCcatcr resuhina in •vinas of$36,000. t • • • The Information Services Department bu ream:ed penonnel uvinp ofS40,128 u a result of tbe softening marlcet for rr prof'euioaals. Geaeral Fuel .......... w1 Related Espeadltuel: • The full-time Buyer polition in tbe Finlnc:e and Adminiltratm Semces l>epa1amd will become a put-time clerical politian. • A one percent palb.w pay w added at a COit of $135,000. • Safety Scrvic:a will bold tbe followina pclli1iou open: two Police Offlcln, oae Scrpant, one Diviaian Chic( one Pl'E Policie Officer, C1D11 C 1 • .._ S..,.ftllll", and one Recordl ........... apecialilt A reductiaa la tbe ._. oftwu ScllDol RAllom'c:el Offlc:en ia pn,pollCl. The followins poli*-WUllld be elbnie.-d· oae lell- tiem 111d two~ Diapaldm, and oae Police Diak Ollcer. • Public Worb will not ftU one poaitioa in tbe !Ina Divilm in 2003. • A lea expensive dental benefit will be implemmted in 2003 lmfll 175,100. • The Municipal Court ia leavina I pat-tam violatiala .... elllk .... Clplll la 2003. • Conemunity l>eveq@WII ii holdina oae .... pCllidaa Clplll in 2003. • Paeb and Recreation ii boktiDa one flell-tiem paaitian in tbe ...._ opm and oae full-mm position in Parb open in 2003. Capital Projecta: • The $125,000 contributicm far tbe Cllblnl Alta Laad 1111k will Olllllill ofS7S.OOO a.a tbe Pablic lmpeoveemat Puad and $50.000 hm tbe Oa11 ntllllita n.hDd. • The Ocnenl Puad will not provide faDdiaa far tbe a,illl ...... • Mlic 1D¥oveaat PllDda in 2003. Odler: • The Forestry Pro;nlm ii not fteaded far 2003, bl!I will be llila 11 e, 1 ..... I have lttlCbed a apreadlbeet abowiDa meaum, npenctih.._ and lead belwe .._ llr 2002 and 2003. General Fund Statement of Revenues, Expenditures and Changes In Fund Balances ........ ,.. ...... ---PlopatyTa Spdc Ownnhip Ta Salel & l.111 T- Cip9111 Ta Frntllllt FtN Admllllolll Ta HalatbllTa 1.1cna I Plmil ~llli\jONIWIBilll RIMnll8 a... b Srilll Recnllllan lbwyr:... r:... I Forlliua lnllrlll ~ ,...,..._ °"" Rnntlg Soi,-,..., ,_ ,,,_. ,,.-,~s.vae lnlormalion T ICllnmogr "'* Works SalelyS.- CamU!lly llMlapi1*l lbay Recnllllan ,...,~ ..... Transllrs ConlinglnciN Dlbl~ Dlbl SenG-Ols F"rie Y• Caplal Pia! ,..., ...... .,,... ,...,,_ ...... i.-: ~~ 0,,., ___ ,_ ..... ,. Adull ,11,117,m 1,759,054 249,513 211,170,709 808.2«) 1,790,952 13,211 12,508 lm,257 1,451.8110 1,538,711 1,250.0 18,571 907.8511 310,571 90,717 -.m.121 1113.253 11.-.m 180,1149 807.2411 542,1138 517.241 532.909 1,314.222 814,688 3,699,567 12,163,079 1,339,510 967,341 3,625,733 .. ....,, 7,814,000 173,1188 954 ,88' 1,571 ,703 11,111,111 l,l1Ul1 III.CIIO .,.. .... .. 20ff Adull Adull 11,111,211 ll,M1,U4 2,141,100 2,141,581 284,913 305,819 23,941,579 22,635 ,921 848,427 712,889 1,798,150 1,915,047 23,118 38,5111 11.248 11,842 882,501 714,8118 1,380,CXJ8 2, 188,3111 1,II00,588 1,852,819 1,403,484 1,387,9114 15,227 17,975 81111,948 979,431 540,11115 4111.349 95,414 75,240 11,417,174 11,111,117 11!111J 804,000 ....... ..... m,,z, 378.585 9115,GII 718,078 819,373 1178,5811 91111.371 1124,424 537,738 577,572 1,442,878 1,434,072 924.8118 1,087,512 4.203,944 4,1124,579 12.987,4811 14.Glll.982 1,314,731 1,5111.291 1,155,108 1,2111.414 4,120.271 4.4411.503 a.m.m 11,IIUtt 3.522.253 3,1211.048 7811.81111 811.223 1,0>t,925 1,87UII 2111.177 211.1125 M,ID,Jl1 ..., ... l,N1,114 U1Ul1 117.000 a.mo l1oa a.GIii IUIUl1 ..... .. .. -.. ..,.., ... &fllllllf ..,.., ..., Adllll flMUlt 11,111,121 11,111.121 11,aUW 2,450.000 2,450,000 2,450,000 2,4l!O,OIIO 2l!0.000 333 .802 333,lm 350,000 2!1.GIID.000 22,107,900 22,107,900 23,798,708 125.000 818,082 8111,082 125,em 1,1111,000 1,736,9CI 1,738,948 1,790,190 32,000 13,8113 13,8113 0 113.000 11,338 11,338 12,000 834,880 '103.2ll5 7113,2115 8.1175 1,3113,21N 1...-1,1111,8111 1,418,4114 1,M.1113 2,1911,387 2,1911,387 1,9111,133 1,257,l70 1,3118,988 1,3115,8811 1,3112.415 111,500 18,500 18,181 17,500 923,2115 1,027,088 1,D25,«J5 1,111111,7!0 405,400 188,043 1811,043 205,000 1111.IOO 190.000 190.000 98,1111 ...... M,111,411 M,m,411 -.1 ... 0 911,452 151,1131 ...... ,.,..... ...,.,.. --..n 413,002 3111.D 410AI C12,GJ 72U12 708.415 708,3III 1 .. IOO,GII 714,421 11111.9111 113.111 1ID,ll2 •.m a,11111 111.1111 112,QM 1111,514 157.111& -.nz 1.-.. 1.--1,5111.444 1,IG,MI 1,41U10 1,40U04 1,G,798 1.423.S 5.1U,7911 5.088.8511 5.029.D 4.122,374 15.0IM,1111 14,1811,909 14,780,081 15.31111.4113 1.935.'32 1.1111,!0II 1.8111.858 1.810.sa 1.251.2114 1.2211,238 1.2411.1147 1.211.221 4.1112,521 4.1111.D 4,870,945 4,871 ,443 14,111,'tS >t,041 ,133 33,798,738 ,..., .. 80,751 80.751 111.791 --1.577.122 1.57• 522 1,574.122 1,571,410 2111.571 193,177 1IU77 tl.\l17 0 -.NUt ...... ...... II.MUii , ..• ....... ...... ..... ... 433 1.DOO,IIDO 1.000.000 1...-• 511.«Xl 115,G .. ....... .. .... .... PROO,O,PUaJCATION nm ENGLEWOOD HERALD STATE OF COLORADO s COUNTY OF ARAPAHOE I, Thomal L ....... do IOlemnly - that I am the,....... of the Eqlewood Benld and that the Nffl9 la a weekly ,-.paper publiatled In the city of Lilllllon in the County of ArlipllhN, ..... of Colorllclo, and has a ganeral cln:ulatlon lherwl; Iha! said ,-ape- per '-been publilhed conllnuoully and unintenupladly In Aid County of Arapahoe for a period of "'°"' than 52 WNlcs prior to the first publlcallon of the annexed nolce; that Aid newapeper ii en1er9C1 In Ila Poat Office of Lffllelon, Colorlldo, • 8-,d Clau Mail mllllar and that ... said ,-ape- per ii a MW9p111M1r wllhln the -*'Iii of the act of the 6--AaaTmly of the ..... of Colorlldo, approved Man:h 30, 1923, and entitled -up1 NolloN and AdvWtlaetw,ls" and Olher 81:11 l9laling ID the printing and ptjJliltling of legal nollcN and -publilhed in the regular and .... ila&IN of Mid i-.papet, once Ndl WNk, on the -day of aadl week, for a pe,tod of LCOl1MC1Jtive mer1ions and that the llrlt publication of Slid notice WIS in the _,. cl ~~cz?o2002 The lut l)IA>licalion of said notice wu in the l issue of said ~ dated Subscribed and sworn to befont /:i.. me, a Notary Publlc, ~ dcy of >k,it&nt.kY002 CIIWC.... ...... • ,, ..... ,:11,_ ... ai,c...a c:e.....t1PJ ,a.11 c..r.-, ..... ...... -~ ........... .. ................ 1 .... ... GluCS 1 CMPa: C ..... M ........ ..... -, ..... ...................... .......................... -.. Cir Clllfl -...... -OCTGllll 7, .._ .,._ ........ .......................... ... .. Cir Clllll'a .... .... .., ................ a ............................ ..... n, _., of ... I . a, ai,· c..a. e ' Lu 111111a I. 11111c, CIIC CIIWClllfl Cllrtllql .. . ..... .. ...... ..... -Cclclaa llttt City of Englewood AGENDA ITEM 9 PIIIIIICNU.111111 DATE: October 7, 2002 To ptber public Input on €11•dl-Ne.8, .......... 1 ......... lilllMI I PLEASE PRINT NAME ADDRESS ORDINANCE NO. _ SERIES OF 2002 BY AUTHORITY COUNCIL BILL NO. 4S INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE ESTABLISHING AN INCREASE IN SEWER RATES AS RECOMMENDED BY THE ENGLEWOOD WATER AND SEWER BOARD. WHEREAS, the State Health Department IDd Water Quality Control Commission have increased the requirements for discharge into the South Platte River; and WHEREAS, there bu been a arowth of population in tbe uea served by tbe Wutewatcr Treatment Plant that is nearly double arowtb projectiom IDd wbicb requires an expansion of the Plant; IDd WHEREAS, Englewood's share of the cost of these improvements is fifty-five percent (55%) of 110 million dollars; IDd WHEREAS, in reviewina the fmancina alternatives, it WU determined tbat a twenty percent (20%) rate increase is needed to cover existina debt so that new bonds can be iuuad to cover the COit of the exp11111ioa; IDd WHEREAS, at their September 10, 2002 mectiDa, the Wa&er IDd Sewer Board recommended a twenty percent (2CWe) inc:reaac in acwcr services cbarps to cover the cost. effective January l, 2003. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $cctiog l. Title 12, Chapter 2, Section 3, Puapapb 8, SubsectioD 8 of the Eng1ewood Municipal Code 2000 shall hereby be IIIICDded to read: 12-2-l-B-I: fffl aad C~aran. (B) (8) Tbe ra&cs on Exhibit A anachccl bcreto and incorpontcd herein by n:ferace shall become effective January l, 2003. Section 2, Safety CJ11nn Tbe City Council hereby finda. determina, IDd dcclan:s that Ibis Ordinance is promulpaed under the aencraI police power of tbe City of Eng1ewood, tbat it is promulpaed for tbe bcallb, safely, and welfan: of the public, IDd that Ibis Ordinance is necessary for tbe praervabOll of bcaltb and safety IDd for the protection of public convenience and welf'an:. Tbc City Council funher determines tbat the Ordinance bears a rational n:laaion to tbe proper lcplative object souabt to be obtained. Section J . ScmJbiljty . If my clw, leatllace, pananpb. or pan of dlis Ordinance or the application thereof to uy plllCIII or cimumlaaccs sball for uy -1 - reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4. Inconsjstqrt Qrdjn,osca All other Ordinances or portions thereof inconsistent or cont1ic:ting with this Ordinance or any portion hereof ue hereby repealed to the extent of such inconsistency or conflict. Sections. Effect of repeal or modification, Tbe repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not ·release, extinplilb. alter, modify, or cbanp in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which sball haw been incurred under such proviaioa, IDd each provision shall be treated and held a still remaiDina in force for the purposes of 11.,.,inina any and all proper actioaa, suits, proc:oectinp. IDd prosocutions for the enforcement of the penalty, forfeiture, or liability, a well a for the purpoae of SUIWllina any jud1111ent, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceectinp, or prosecudoas. Sectiop 6 . .bolltx. 1be Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and pused on ftnt readina on the 16th day of September, 2002. Published u a Bill for an OrdinlDce on the 20da ., of Sepwnher, 2002. Public hearina wa held the ~ day of October, 2002. Beverly J. Bndsbaw, Mayor ATTEST: Loucrisbia A. Ellis, City Clerk I, Loucrisbia A. Ellis, City Clerk of the City of Enalewood, Colorado, hereby catify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first readina on the 16th day of September, 2002, public hearina wu held on the 7'~ day of October, 2002. -2- PROOP OP PUBLICA1'ION I nm ENGLEWOOD HERALD STATE OF COLORADO COUNTY OF ARAPAHOE s I, ThomM E. lplrgur, do IOlelMly swear that I am lhe ,...._ of lhe Enatewood Benld and that lhe ume II a weekly newspaper published In lhe city of Lillleton In lhe County of~ ..... of Colorado, and hu. general c:m:ulalion therein; that said newapa· per hu been pubhhed continuoully and uninterruptadly in said County of ~ for a period of more than 52 _. prior to lhe flnlt publlcallon of lhe annexed nollce; that said NWlplpel' II entar9d in lhe Poat Office of Llttleton, Colorado, .. Second a.. Mall maller and that lhe Mid MMpa· per •• NWlplpel' wllhin lhe ~ of lhe act of lhe G-.1 "--"bly of lhe .... of Colorado, apprOV9d Man:h 30, 1923, and entitled ·Lip! NollCfl and ~-and Olher acta rating to the printing and publllhing of legal nollcea and -publlhed in lhe NgUlar and .... .__ of uid newapaper, once Heh welk, on lhe -day of MCh welk, for a period of _l_~ inMl1iona and that lhe Int publication of Mid notice -in lhe ... of said ~ ,.,~.L~ Subscribed and sworn to befcn ~ me, a Notary Public, ~ day of xk,i#/Yfk i.t(Yoo2 ,) 4~?£01~~ ~.1119 of Notary P\Allc CITY OF ENGLEWOOD • . . ·-¥-~ J..:.i.\_,',.'·t...,..' . . . . ~-' r • ~ , , ' f ...... -. ~ - :.,; ...... t· • I Al llllerlllld par1IN ..., ...... oplnlone In penon at ... pullllc l-1nt or In wnlng • lie _... a,, Ille City Clal1l llr 1:00 p.m. on OCTONlt 7, 200I. An,-. ........ .. ....................... ..., call ... Clay Clerk'a OfllN, .. .,.. 240Tto ...... llelr ...... llllan ora99H1PMN1wllaavalallleal thedoor. . ., ordar of ... .. .... IIIOOd ca, Council L.cluartellla A.-., CIIC CllyClelti City ol lilgla•ood 1 ........ ood......, E1191..,ooc1, Colonldo I0110 f I 171 iF I .IIIEf ............... ,.., < My Conmss,ian :.-•l" ~, :,,, ;. • ; I . .. . . -. -. . . -. . . . .. -... --. ... .. -. . . ' .. -.... -. --. -. -. -.. -.... ----... -.. ·----------. ~----- rn1.i ,1 1; 11 !1uuni !r1unu1n11 1 § ii -4 f1I _ , I 1!1i1111 11_15il!il1i. ~ ~ ~ ~ ,r i l it"!i 1 1:1=;JI P1*Hi•nn11 i I I i , • u • 1 • ... , i!i e 11 ,,.,, lil'lll'lll'if'IIJJJ!I I 1··1 I ,1••1 1111,1.1 ,i ~,,;1r 11 1 ! I 1 I I , t'J ~·:tflill ,.,1 ! Iii• I ~ i; J~; !!!11' 1h!1 ·J·1!'!i1 ll;l1l I I I 1111 ,,I! 1,, .. 111,I 111.! I • c:, c:, Cl ::z: ..., :a ::D ,.. Cl Ii -!I" I · 11·· I ·-:UI ... I ~ Lli.. ' . .. ·I' i "" Ii . , r:-} i I .. : -J.• .. flf . ~~· I· f1; >1 If 1;1 (l -,~, 11u 11 -. I ,1,. ... -iSfjl ' I 1(1 . ,1 ,. ~ i i, 11 .. I ' I I i ill ; I . { I if f I - !JP B .. ~ ! · , lr .t. • •• ,, • COUNCIL COMMUNICATION "' DATE: AGENDAITTM SUBJECT: October 7, 2002 10 a i Economic Development Commission - Enterprise Zone Marketing and Administration Grant -EDC #517 INmATEDBY: STAFF SOURO: Community Development Department Darren Hollingsworth, Business Development SnPt""ialist COUNQL GOAL AND PREVIOUS CQUNQL ACTION; Community Development Goal: Initiate business retention, revitalization, and growth strategies. Community Development Goal: Leverage City resources through grant funding. City Council has approved previous marketing and administration grant contracts with the State of Colorado -Economic Development Commission to support the Arapahoe County Enterprise Zone. RECOMMENDED ACOQN; Staff recommends that City Council approve the attached Bill for Ordinance accepting $9,500 from the State of Colorado -Economic Development Commission (EDC). This grant wll be used to fund marketing and administration actMties for the Arapahoe County Enterprise Zone. BACKGROUND, ANALXS,S, AND ALJJINAJMS IQENJIRB>; In 1990, the City applied to the State of Colorado and was granted Enterprise Zone status for a majority of the industrially and commercially zoned property in Englewood. The South Broadway corridor and CityCenter Englewood site received Enterprise Zone designation effectiye July 1, 1998. The Enterprise Zone was also expanded on November 6, 2001 to include the Enalewoocf medical campus including Swedish Medical Center and other surrounding businesses. The Economic Development Commission has a competitive grant program for Enterprise Zones, which provides marketing and administrative support This is the seventh consecutive year Englewood has applied for and received this funding. The Enterprise Zone marketing grant is used in Englewood as an incentive to support business retention and community marketing activities. Marketing activities funded with this grant encourage businesses to take advantage of Enterprise Zone tax credits and highlight the Englewood business community. FINANCIAL IMPACT; The Economic Development Commission requires that the City provide rnuchins funds to meet grant requirements. The attached contract between the Economic Development Commiuion and the City of Englewood pledges $9,500 in loal matching funds to meet this obllption. These funds are included in the Community Development departmental budget. Grant and l'lldl:Nna funds wil be used for a variety of Enterprise Zone marketing and administrative ac:tivlllel. USJ Qf AJTACHMENJS; Proposed Bill for Ordinance Ec onomic Development Commission -Contract -EDC1517 • ORDINANCE NO._ SERIES OF2002 BY AUTHORITY .. atGIIDIIWJCa AIJll9(w,nn MDIP'fMlmtJI A ....... lllMilftlMII I 1'ltE C()LiO.lW:)O Dli>~ OF ~.AfF~ (DOI.A) FOR ENTERPRISE -~ANl)ADMINbft'IIAflON. , WHEREAS, in 1990 the City of Englewood applied to the Colorado Department of Local Affairs and waa lll'anted, Enterpriee Zone statue for a majority of the induatrially and commercially zoned property in the City of Englewood; and WHEREAS, the South Broadway corridor and the Cinderella City lite (now Englewood CityCenter site) received Enterpriee Zone deaipation e6dift July l, 1998; and WHEREAS, the Department of Local Aft'ain hu a competitive IJ'&llt procram for Enterprise Zones, which provide& marketing and adminiatrative support; and WHEREAS, this ie the eeventh year in which the Community Deftlopment Department of the City of Englewood hae applied b and received euch fundinr; and WHEREAS, the Enterpriae Zone is used in the City u a vehicle for buaineu retention; and WHEREAS, by encouralinl buaine-to take advantap of Enterpriae Zone tu credit.a, an opportunity ie created for buaine-to etnngtben operatiom tbrouch reinveetment of theee dollare back in their buaineBB; and WHEREAS, the Colorado Department of Local Afrain requine that the City provide matching funds to meet IJ'&llt requirements; and WHEREAS, the Contract between the Colorado Department of Local Afrain and the City of Englewood pledpe 19,500.00 in local matching funds to meet this oblisation;and WHEREAS, this Grant and the matching funde will be used for Enterpriae Zone marketing and administration in the City of Englewood; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : $t<;tioo J . The Contract between the Colorado Department of Local A&ira, Economic Developme nt Commiaeion and the City of Enc)ewood for the acmptallce of a $9,500.00 Grant to be uNd Im Enterpriae Zone Marblinf and Adminiatnaon is a t tached hereto u Exhibit 1. -1- • • Stctlon 2 The Contract between the Colorado Department al. Loc:al 4&in, Beonomir l>eftlopment Ccnnmi,.;aa lm &be acceptaw al. a '9,500.00 Gram ii benby accept.Id and apJll'(lftd by the En,lewoocl City Council and the Mayor ia ambariaed to eucut.e and the City Clerk t.o attea and leal &be Contract for and Oil behalf of the City of En,lewoocl. Sectioo s The City Manapr and the Piwlce and~ Ser.vioN DiNctor an authariad to tnDlfer matdri'II flllldl hm tbe General had 0.....,.. had Balance to tbe Community Dnelapmem Budpt ol tbe City ol BDsl-ood, CoJando. lnt.rod-1~-,,-r...d m full, and puacl on 6m readina cm &be 7" day ol October, 2002. Publilbed u a Bill for an Ordinance OD the 11th• day of October, IOOI. ATTEST: Loucriabia A. ma. City Clerk I, Loucriabia A. Bllia, City Clerk o/.&be City al. ........ Oalando, ... wti(r that &be abaft and....._ ia a lnll capJ al. a BiD far an Ordiaanm. ~ read in full. and puacl OD flnt nedins Oil tbe ?" day o/.October, IOOI. -2- EDC#lli_ CONTRACT THIS Contract. made this __ day of ~ by and between the State of Colorado for the use and benefit of the Colorado Office of Economic Development. Economic DeYelopment Commisalon ("E.D.C.j, 1625 Broadway #1710, Denver. Colorado 80202, hereinafter referred to aa the State, and JdtL!!1 Englewood, 1000 Enqtewood Parkway. Englewood, co 80110 • hereinafter referred to a the Contractor. WHEREAS. authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unenc:umbentd balance thereof remain8 available for payment in Fund No. J& Approp. Code~ Org. Unit .11m2_. Contract Encumb. No. E3EDC517; and WHEREAS. required approval, dearance and coordination has been accompllshed from and with appropriate agencies; and WHEREAS. the State desires to promote economic development in Colorado by assisting local communities in expanding their economic base; and WHEREAS, pursuant lo 24-46-101 to 105, C .R.S. 1987, the Colorado Economic Development Fund is created, and is to be administered by the Colorado Office of Economic Development In the Office of the Governor: and WHEREAS. applications for distributions from the Colorado Economic Development Fuiid have been received by the Economic Development Convniaion; and WHEREAS. the Economic Development CorrirniNion hal nwiewed and racammeilded to the Governor that the project described in this conlract be financed with a grant; and WHEREAS. the Governor haa l1IView9d the pfOPONd upencllln of money from the Economic Development Fund to finance the project described in this c:antract; and WHEREAS. the Conlractor is an eligible recipient of Colorado Economic Development funds; NOW THEREFORE it is hereby agreed that 1. Scope of Services. In consideration for the manlea to be received from the State, the Contractor shall do, perform, and carry out. in a satisfactory and proper manrw, • detamiled by the State,' all work elements as indicated in the "Scope of Servic:el", Mt forth in the Attached Exhibit A. haall..,.., referred to as the "Project". Wor1( performed p ri or to the executlan of lhla Contract shall not be c:onaldered part of this Project. 2. ResponsibleAdministrator. Theperformanceofthe..vlcNt9qUnd~shallbeunder the direct supervision of the employee or agent of Contnldar idln1llled In the atladled Exhibit A., who la heNby designated as the adminiatrator-in-charge of this Project At any time the acll'linialrlllofi.dwge le not assigned to this Project. all work shall be suapended unlll the Connclar 8lligna a mutually acceptable replacement administrator-in-charge and the State receives l10lillcalloll of IUdl ,...,...,_It aaaigl.menl 3 . Time ot perfgmlance. This Contract shall became eftecllYe upon proper exemloll of thla Contract. The Project contemplated herein shall c:ommeuce • IOCIII • pradlcallle aftlr the exemloll of 1111 Contract and shall be under1aken and perfanned in the sequence Ill far1tl In the 9Tlme al Perfanm11ce• 1n the attached Exhibit A. No Economic Development ComlTluion Funda pnMded under Ille COMaCt wll be expended prior 10 !he fuh execution of this contract. The ConnclOr 11Q1N1 that time la of the ..a in the Page 1 of 7 Pagea ·~ .4!· • • ., .181'1C8 of its obligations under this Contract, and that completion of the Project shall occur no later than Mfflinalion data set forth in the "Time of Performance.• 4. Compensation and Method of Payment. The State agrw to pay to the Contractor, 1n conaideratlon for the work and services to be performed, a total amount not to exceed NINE THOUSAND EIYE HUNDRED AND N0/100 DOLLARS 159,SOOl: The method and lime of payment shall be made in accordance with the "Payment Schedule" set forth in Exhibit A. s. Accounting. At all limes from the effective date of lhla Contract until completion of lhla Project. the Contractor shall maintain property segregated books of State funds, matching funde, and other funds auociated with this Project. All receipts and expenditures auoclated with Aid Project lhill be documented in a detailed and speciftc manner, and shall accord with the "Budget" set forth in Exhibit A. Conlracllar may adjust budgeted expenditure amounts up to ten pen:ent(10%)withln aid Budget without approval of the Stata. Adjustments of budget expenditure amounts in excess of ten percent (10%) must be authorized by the State in an amendment to this Contract property executed and approved pursuant to the State Fiscal Rules. In no event shall the State's total consideration exceed the amount shown in Paragraph 5 above. a. Unless otherwise provided in this Contract, if Exhibit A provides for more than one peyment by the State, the initial payment set forth in the Payment Schedule shall be made as 900n as practicable after proper execution of this Contract. The Contractor shall initiate an sublequent payment requests by submitting documented proof of proper expenditure of State funds thus far received to a contract monitor designate..J by the State. b . The Contractor shall request the ll!!il payment, which is the amount withheld by the State unW the Project is complete. for the Project by submitting to the contract monitor a detailed coat accounting of all State fund• received and expended towarda completion of the Project. Upon determining to its satisfaction that all fundl received by the Contractor have been property spent towards accomplishment of the Project, the State lhall promptly make llnal payment to the Contractor. c. Within ninety (90) days of completion of the Project, the Contractor shall submit to the contract monitor a detailed cost accounting of expenditures of the final payment received from the State. Any State funds not expended in connection with the Project shall be remitted to the State at that time. 6 . ~-The State or its authorized repreuntatlve shall haVe the right to Inspect. examine, and audit Contractor's records, books and accounts, induding the right to hire an independent Certified Public AC'Gountant of the State's choosing and at the State's expense .to do so. Such discnalionary audit may be called for at any time and for any reason from the effective date of this Contract until five (5) years after the data final payment for this Project is received by the Contractor, provided that the audit ia perfanned at a time convenient to the Contractor and during regular business hours. Whether or not the State calla for a discretionary audit as provided for in this paragraph, if the Project ia accampliahed within • single llscal year of the Contractor, the Contractor shall, at the conclusion of the Project. and in edditlon to my other reporta required, submit a report and auditor's statement of the Project account to the Economic Development Commission. Such report shall be prepared in conjunction with Connctor's regular yeerty audit. and must be submitted within six (8) months after the dose of the then current Contrac:tDf'1 llecal year. 7. P,rsonnel. The Contractor represents that he ha, orwll 18CU1'9 at his own expense, unlell otherwise stated in Exhibit A. all personnel, as employN1 of the ContractDr, nec:euay to perform the work and se,vicn reQuired to be performed by the Contractor under this Contract. All ot the l8MC8S required hereunder will be performed by the Contractor or under his supervillon, and al personnel engaged In the work shall be fully qualified and shall be authoriZed under State and local law to perform IUdl MMC8S. Page 2 of 7 Pages ' • • 8 . independent Contractor Reiationship. THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOJ AS AN EMPLOYEE, NEITHER THE CONTRACTOR NOR ANVAGENT OR EMPLQYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED JO BE AN AGENT QR EMPLOYEE OF THE STATE, CONTRACTOR SHALL PAV WHEN QUE ALL REQUIRED EMPLOYMENT TAXES AND INCOM! TAX AND LOCAL HEAD TAX QN ANY MONEYS PAJP PURSUANT IQ IHII CONTRACT, CONTRACTOR ACKNQWLEPGESTHATTHE CONTRACTOR AND ITS EMPLQYEES AftlNQTENDD,EDTO UNEMPLOY- MENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR A THIRD PARTY PRQVfDES SUCH COVERAGEANDTHATTHESTATEQOESNOTPAVFOROROTHERWUIEPRQYJDESUCHCQYERAGE, CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR N'YEP, TO IIND THE SIAD IQ ANY AGRQMENTS, LIABILITY, OR UNDERSTANDING QC!PT AS QPRESSLY SET fORJH HIRIIN, CONTRACTOR SHALL PRQVfDE AND KEEP IN FORCE WORKER'S CQIIPENMDON (AND SHOW PRQQFOf'SUCH NURANCl)AND UNEMPLQYMENTCQMPINIATIQNINJUMNCI INTHIAIIQUND REQUltED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS QF THE CONTRACTQ& !II EMPLQYIES AND AGENTS, 9. Termination of Contract for Convenience of EjllJer Party. Either the State or the Contractor may terminate this Contract at any time the party determines that the purpose of the Contract would no longer be served by completion of the Project. The party desiring to terminate the Contract shall effect such termination by giving written notice of termination to the other party and specifying the effective date thereof, at least thirty (30) days prior thereto. In that event, all finished or unfinished documents and other materials shall, at the option of the State, become its property. Contractor shall repay funds advanced and not expended in accordance with the terms of this contract. Contractor shall not be relieved of any obligations to repay funds advanced as a loan, notwithstanding any termination of the contract for convenience. 10. Termination of Contract for Caua: Repayment of AdylQCld funds 11 . a. If, through any cause, the Contractor shall fall to fulfll in a timely and proper mann« its obligations under this Contract, or if the Con1nlc:IDr ltlall violate any of the covenants, agreements. or stipulations of this Contract. the State lhall thereupon have the right to terminate this Contract for cause by giving written notlc:e to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the eff9c:live data of such termination. In that event. all finished or unfinished documents. data. studies, surveys, drawings, maps. models, photographs, mediacontractundreportsorothermaterial prepared by the Contractor under this Contract shall, at the option of the State, become its property; and the Contractor shall be entiUed lo receive just and equitable compensation for any satisfactory work completed on such documents and other materials. b. Notwithstanding the above. the Contractor shall not be relieved of liability to the State for ,rry damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payment to the Contractor for the purr,ose of setoff until such time as the exact amount of damages due to the Slate from the Contnldor is determined. c . If funds have been advanced to the Contractor. Contractar lhall 1'9P8Y such funds to the extant they are not expended in accordance with the terms of this contract at the time of i.rninallon. ~-The State may, from time to tilne, require changee in the ecope of MMCN of the Contract to be performed hereunder. However, this Contract is intended• the c:amplete integration of all understandings between the parties at this time, and no prior or contamporaneous addition . deletion, or other amendment hereto. 1nduding any inc:reue or dec:reaN in the amount of moniee to be paid to the Contractor. shall have any force or effect whatsoever unleu embodied in a written contract amendment incorporating such changes executed and IPPl'Oll9d pursuant to the State's Fiscal Rules. Notwithstanding th is provi sion . changes 1n the time of performanc:e may be agreed to by lettal' if so provided for in Exhibit A . ana contractor may make adjUllmenta ol lNI ltlan 1 O percent in budget Hne items as provided for in paragraph 5 of this Contract . Page 3 of 7 Pagee ' .. • • 12. BIQsml. At least two (2) copies of all reports prepared as a result of the Project will be submitted to the Economic Development Commission within two (2) weeks of completion of such reports. 13. Conflict or Interest. a. No employee of the Contractor shall perform or provide part-time services for compensation, monetary or otherwise, to a consultant or consultant firm that has been retained by the Contractor under the authority of this Contract b. The Contractor agrees that no person at any time exen:lling any function or responsibility, in connection with the elements of this project that are financed with State funds, on behalf of the Contractor shall have or acquire any perlOl'lal llnanclal or economic interest, direct or indirect. which will be materially affected by this Contract, except to the extent that he may receive compensation for his pe,formance purauant to this Contract c. A personal financial or economic interest includes, but la not limited to: i. any businns entity in which the perSOI) hal a dll9d or indinlc:t monetary lnteraat; ii. any real property in which the person hal a direct or indirect monetary interest; iii. any source of income, loans, or i;fla received by or promised to the petlOl'I within twelve (121 months prior to the execution date of lhis Contract; iv. any businns entity in which the person is a director, officer, general or limited partner, trustee. employee, or holds any position of management For purposes of this subsection, indirect investment or interest muns any investment or interest owned by the spouse, parwit, brother, sister, son. daughwr, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law of the peraon by an agent on his/her behalf, by a general, limited, or silent partner of the penon, by any buainea entity controlled by Uid person, or by • trust in which hwshe ha subetantlal lnterNt. A buainns entity is controlled by • person if that per10n, hlslher agent, or • relative • dellned above l)OIIIISHI more than fifty percent (50%) of the ownership lnlnst. Said 1*90f1 hal a substantial economic interNt in • trust wtler'l the person or an ~ l'9lallve hal • present or future interest WOt1h more than One Thousand Dollar9 (11,000.00). d. In the event a conflict of interest, as described in this Paragraph 13, cannot be avoided without frustrating the purposes of this Contract, the person involved in such • conflict of lnternt stlal submit to the Contractor and the State a full dlaclosure statement Nlllng far1h the detaile of such conflict of interest In caaes of exlr9IM, and unacceplable confllc:ta al interNt, • determined by the Sta\e, the State reserves the right to tenni,ate the Contract for cauN, • provided in Paragraph 10 above. Failure to Ille a disc:losul'9 statement l'9qUirad by this Paragraph 13 shall constitute grounds for termination of this Contract for cause by the Stalll. 14. compliance with Applicable Laws. At a11 times during the performance of lhis Contract. the Contractor shall strictly adhere to all applicable federal and State laws that have been or may herutt.r be N- tablished. 15. Subcontracts. Copies of any and all subcontracts entered into by the Contractor to accampllsh this Project will be submitted to the Economic Development Comrnisllon upon 19QU9St by the State. Arty and all contracts entered into by the Contractor shall comply with al applicable f9derlll and Colorado state laws and shall be governed by lhe laws of the State of Colorado notwithstanding proviliol• therein to the contrary. 16. Seyerabiljty. To the extent lhat this Contract may be executed and pel1armaia al the obligaliona of the parties may be accomplished wilhin the intent of the Connet. the terms al lhis Contract .. S9VW'llble, and should any term or provision hereof be declared invalid or become inoperallYe far any reason. such invalidity or failure shall not affect the validity d any other tarm or provilian hereaf. The waiver of any breach of a term hereof shall not be construed u waiver of any other 19rm . Page 4 ot 7 Paga • t • • 17. Binding on Successors. Except as herein otherwise provided, this agreement shall Inure to the beneftt of and be binding upon the parties, °' any s,Jbcontractors hereto, and their respective SI ICCeSsors and assigns. 18. Aaljgnment. Neither party. nor any subcontractors hereto, may assign Its rights or duUes under this Contract without the prior written consent of the other party. 19. Limitation to Particular Funds. The parties hereto expr9111y recognize that the Contractor la to be paid, re1r1 bursed, or olherwiH compensated with funds provided to the State for the purpose at contracting for the servicN provided for herein, and thanlfant, the Contraclar expreuly undemanda and agrees that all Ila rights, demands and clalma to CDffll*IUllon artalng under this Contract .. contingent upon receipt of such funds by the State. In the event that such funds or any part thereof .. not received by the State, the State may lrnmedlately 19nn1nate this Contract. 20. Minority Bysjnag Enterpna ParticjP1119o. It la the pallc:y of the State of Colorado that minority business enterprises shall have the maximum practlcable opportunity to per1lc:lpate In the perfarmanc:e of its construction grant contracts. The Contraclor ~IO'* Ila belt efforts to carry out this pallc:y to the fullest extent practlcable and conalatent with the .nlclent perbmance of this Contract. As used In this Contract. the term "minority bualneaa entarprlN" means • bualneu, at least 50 percent (50%) of which Is owned by minority group members or, in the c:aaa of publicly owned bulinNNa, at least 51 percent (51 % ) at the stock of which ia owned by l'llilority group rnemberl. For the PIJl'PONS of this deftniUon, minority group members are Negroes or Black Americans, Spanish-speaking Americana, Asian Americans, American Indians, American Eakimoa and American Aleuts. The Contractor may rely on written representations by bidders, contractors, and IUbconll'IICtora ragan:tlng their ... tu, • minority enterprises and need not conduct an independent inv9lllgallon. 21. Pantu' Bll•JionlbiP· Except with reapec:1 to its llduclary obllgallo,IS to the State set forth in Exhibit A, the Contraclar shall not be deemed an employN or agant of the Sia. No agent or employee of Contractor shall be or shall be deemed to be an employN or agent ot 'IM Stale, oth.-than for purposes of compliance with the fiduciary obllgallol• to lhe Slale In Exhibit A. Contraclar wll be solely and entirely reaponaible for Ila acts and th-. acts of Ila agenla, emptoyw and aubcontradln during the performance of this contract. Page 5 ol 7 Pagel SPECIAL PROVISIONS (For 1/•e Qnlv with lntcr;;Governmcntal Conrncul 1. CONTROLLER'S APPROVAL CRS 24-30-202 (11 This contract shall not be deemed 'lalid until 1t has been approved by the Controller of the State of Colorado or such assistant as he may des1g~a1e . 2. FUND AVAILABILITY. CRS 24-30-202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that pull)ose being appropnated, budgeted, and othelWise made available. 3. INDl!MNIFICATICJN. ;To the extent allowed by law,the Indemnity. 1"I contractor shall indemnify. save, and hold harmless the State againsl any and all claims, damages. liallility and court awards induding costs. expenses, and attomey fees inCUff9d as a result of any act or omiuion by the Contractor. or its employees. agents, subcontractors, or aaignNa pursuant to the tem,a 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, nghts, 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. 2871 et seq. as applicable, as now or hereafter amended . 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 THE CONTRACTOR ~ALL PERFORM ITS DUTIES HEREUNOER AS AN INOEPENOENT ~ ANO NOT AS AN EM'I.OVll. NEITI-ER ™E CONTRACTOR NOA ANY AGENT OR EMPLOYEE OF ™E CONTRACTOR SHALL 3E OR SHALL BE OEeMID TO Ill! AN AGENT OR EMP\.OYEE OF THE STATIE . CONTRACTOR SHALL PAY 'M'l!N DUE ALL Al!QUIRED EMPLOYMENT TAXIS ANO INCOME TAX ANO l.CCALHEAD TAX ON ANY MONIES PAID BY THESTATIE PURSUANT TO THIS CONTRACT. CONTRM:ToRACKNOWI.EDOES THAT ™E CONTRACTOR ANO ITS EMP\.OYEES ARE NOT emTl.£0 TO ~OYMl!NT ~ IINll'ITS UNL£SS THI! CONTRACTOR OR THIAO PARTY ""OVIOES SUCH COVERAGE ANO TMAT THE STAT! DOU NOT PAY l'OR OR Cffl4ERWISI! PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHOl'IIZATION, l!XPR!SS OR IMPI.JEO, TO IIINO THE STAT! TO ANY AGREEMENTS. l.lA81l.lTY . OR UNOERSTANOING E.~CEPT AS EXPA!SSI.Y Kl'l'Olffl4 HIR!IN. CONTRACTOR SHALL~ ANO KEEP IN FORCE WORKERS' COMPENSA rlON (ANO PROVIDE PROOI' 0,, SUCH INSUIWIC& 'M'4l!N RIOUEST!D BY "n4t!STAT'E) Nill UNEMPt.OYMENT COMPENSAnON INSURANCE IN ™E AMOUNTS Rl!OUIAEO BY LAW, ANO SHAU.. SOL!LY AESPONSl8Le l'OII THE ~CTS OF THE CONTRACTOR. ITS EMPLOYEES ANO AGENTS . 5. NON-OISCRIMINATION. The contraetDr Jgrees to comply w,th the letter and the spirit of all applicable state and fees.al laws rnp9Cllng discnmmauon and unfair employment pracncn. I. CHOICE OF LAW . The laws of the State of Colorado and Nies Jnd regulallons iaued ;,ursuant ther9t0 shall be applied in the interpretabon . execuuon . Jnd anforcement of tn1s con1raa. Any proYIIIOf'I al thia contract. wnecn.-or not incoroorated herein by reference, which prov1de1 for art>itruon by any extra-judlaal body or perlOl'I or which is otherwise 1n conftict with said laws . Nies . .311d regulations shall be conlidered null and void. Nothing contained in any provision incorporated heretn by reference which pUfl)Clnl to negate tl'li1 or 111y oll'I• special pravilion in whole or ,n part shall be valid or anforceaole or Jvailable in any adlOn at law whether by way of complant, defenM, or otlle,w,se. Any prov1S1on rendered null Jnd vOld by the oper'llian al 11'111 provision will not invalidale the~- of t111s contract to the ttxtent that tile contract i1 capable ol uecullon. At all limes dunng the performance of this contract. the Contractor shall stncUy adhere to all applicable fed.-al and state laws . Nies. and regulations ll'at have b--. or may hereaftar be 8ltalllilhed. 7. !MPLOYEE FINANCIAL INTEREST. CRS 2,.11.201 & CltS 2'-50-507 The signatones .Jver 1ha1 to 1ne1r kn owledge. no emOIOyN al Ole Stale ol Colorado Ila allY personal or benellclal interest whatsoever ,n th e :.eN1ce .Jr property descnbed -..,,. t .. • • SPECIAL PROVISIONS THE PARTIES HERETO HAYE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: BfbbPmNI GOVERNOR CITY OF ENGLEWOOD By_...,..,. _______ .;.._ ___ _ Olrectar, F. Robert Lee ~-o,Fi!IN PRl!-APPROV!D FORM CONTRACT REVlll!WEI: By _____________ ...;._ Evan Metcalf CORPORATIONS: (A c:a,pa,a9 IUI 01 ~ ia 19QUiNd.) ALL CONTRACTS MUST BE APPROVED BY THE STATE CQNIBObbEB CRS 24-30-202 requlrN that the State Control• appnwe all -COlllradL l1lla COlllnCt Is not valid 1111111 the Stat• Controller, or such miatant • he may-...-. ha .... It. The coillnletar la not~ ta be9in performance until die cantrac:t la •i9Md Md dallld below. If perfonnaice beglll9 p,lar ta Iha ~ below, the State of Colorado may not be obllplad to pay for the goocla lltd/o, NN1cN provided. STATE CONTROLLER: By _____ .,.,,. _____ _ Tentlel D•·------------- _,21,111 man'A SCOPE OF SEIMCeS AND ftAYIIINT 1C1aDUL.1 EDC#517 ExHIIITA Colorado Economic Development Commission SCOPE OF SERVICES 1. Project Qucrtptton and Reaulrern,nts The Project consists of providing the Contractor with matching funds for the promotion o1 economic development in the Arapahoe County Enterprise Zone aru. These funds shall be used for the purposes of promotional ac:tiYitles that will market and advertise the advantages of locating a businesa in the contradOl"s enterprise zone area, aeate a positive idenllty for the ente,prtse zone .,.., encowage retention and expansion of existing businesses, promote redevelopment, expand the region's IOurlsm industry, attract new businesaes, and generally enhance the ac:cnomlc: growth of the enterpriN zone .... Such activilles shall indude the preparation, produc:tion, and/or distribution of market ,....-ch, printed materials. direct mail campaigns. print media advertising, trade show promotions, special events, direct business prospect visitation, and other dosely related activities. No more than 25 percent of these funds may be used to pay for contractor's adminislrallve or staff costs. Contractor may allocate funds to one or more subcontractors involved in promotion and economic development activities in the enterprise zone. Contractor shall be responsible for ensuring and documenting the expenditure of the required local matching funds by Conlrac:'.or or by its subcontractors. The contribution from the Economic Development Fund under lhla Conlraet shall not eXCNd the amount of 1oca1 matching funds expended on this project or NIN§ THOUSAND FM; HYNQREQ dAIIIIJ cg PU, whichever is less. All project costs in excess ot this amount will b9 the rnponsibillty of the Contractor. Contractor shall match E.D.C. funds used on this projeCt with at !Nit. dollar.farl.dollar cash match from local sources . Local expenditures on enterprise zone markellng projects incurred prior lo the eff9Clive date of this project but subsequent to January 1. 2002, may be counted toward the matching funda requirement. provided that such expenditures have not been used to meet oltler state contractual matching fund requirements . The performance of the services required hereunder shall be under the direct supervision of ~ Hollingsworth. an employee or agent of Contrac:tor. who is hereby designated a the admini- strator-in41arge of this Project. 2. Time of Performance The Project shall commence upon execution of this Contract. The Contract wiH expire on Jun• 30 ~. except that the Contract may be extended a maximum of 12 months subject lo the mutual agreement of the Slate and the Contractor. A request for extension by the Contractor shall be submitted to the State at least JO days prior to the expiration of the Contract with a ruu juslitlcallon tar the extension request. EDC # 517 • Exhibit A Page t of 2 Pages 3. lllllllll E.D.C. Fl#lda 19.500 9.500 TOTAL 119,000 4 ....... .,., ** MarMI Rllladl, Pullllc11lla11a. ~IQ. St*illl E-Mnla. 111d Dnct Mlll1clllkig far the Mpatlae Caunty EnllrprtN Zone Pragram Zone Adn*liltlllllai, TOTAL 114.250 4,750 119,000 I. 13,000 1n111111 ~lobe paid upon req&INt by the COl .. lldui fallawlng the execut1an af thla can1raCl II. 5,500 1n11rtm P9>'ff*ila la be paid upon ,.... llld Ille llllllnillllan of PRII*' dacunentallar'i of expandllane of E.D.C. 111d laclll bldl 111d wart pn,g,Na. Ill 1,000 Flnlll payment ta be made upon 11M1fKloly Clllliplelk,n of the Praject. The Connctar will lUbrnit • llnlll lkwlcial 111d narralM f9P(lrt dac:umentlng the expendib,n of .. E.D.C. furlda far wtliC:ti payment ,_ .,_. tlqUNlild and of "'*'*19 1ac111 funds. si,iio TOTAL R...-far~ will be ....... by the ConlrllClar In liQXlidaiW will .. Pl'CMlialil af......, I af the fflllin body of Ille c:anlrllct. I. C Owlft ** The Conncllar will lUbrnit 11'1 intllrim ~ and lllffalN9 f9P(lrt p,aperty dacumlnllng ......... af E.D.C. furlda al the time intarlm peymenta 11'11 '9q1Jlllld. 1be Connclar' will lllbmlt II flnlll ftnancilll ....,. l"IIPCl'1 prape,ty documenting II upendlturN al E.D.C. bldl al N time the 11n111 payment la 19QUN111d, in ac:caida ice with the PIIYffWll lCtledule. EDC # 517 • Exhlllit A Page 2 af 2 PagN Date October 7, 2902 INfflAll:D BY Department of Public Works COUNCIL COMMUNICATION Agenda Item Subject 10 a ii IGA with COOT for Belleview Ave. Sidewalks STAFF SOURCE Ken Ross, Director of Public Works COUNCIL GOAL AND PRMOUS COUNCIL ACTION Council approved Resolution No. 3, Series 1996, Resolution No. 78, Series 1999, and Resolution No. 43, Series 2002, authorizing the City to apply for Federal funds under the Transportation Equity Act for the 21" Century (TEA-21 ). RECOMMfNDfD ACTION Staff recommends Council approval of a Bill for an Ordinance to enter into an agreement with the Colorado Department of Transportation. This agreement covers financial commitments related to the design and construction of •lellewiew Ave. Sidewalks". IACKGOUND, ANALYSIS, AND AlTHNATIVfS IDENTIFIED West Belleview, between Federal and Lowell, is identified in the City's #Sidewalk Missing Links". Installation of sidewalks at this location is desirable for the safety and convenience of pedestrians. In 1996, the City of Englewood realized the potential to receive federal funds for this project Staff prepared applications and Council approved submitting to the Denver Regional Council of Governments (ORCOG) to include this project in the Transportation Improvement Program (TIP). Based on the criteria used by ORCOG, the project did not score high enough to be induded in the TIP at that time. The City continued to re-apply for the project over the following two TIP cycles and ORCOG agreed (regardless of the score) lo include the project for funding in FY 2003 . Amending our application in any way would require the project be thrown back into the pool to compete. The project cost estimate and scope of work used in 1996 were not adjusted. Originally, the total estimated cos t was S 140,000. The Federal share remains at the 1996 programmed amount of S 112,000. Englewood is responsible for all costs above the original estimate. The total estimated project cost is now S 192,000 and Englewood's match is now estimated at $80,000. The proposed intergovernmental agreement addresses costs associated with design and construction of the project. Design will commence in late October 2002 with construction anticipated during the summer of 2003 . FINANCIAL IMPACT The federal participation towards the Belleview sidewalks is S 112,000. Englewood's match is estimated at $80,000. Adequate funding is being programmed in the "S idewalks Missing Links" budget in the Public Improvement Fund. UST OF ATTACHMENTS Bill for an Ordinance lntergovemmental agreement ORDINANCE NO ._ SERIES OF 2002 BY AUTHORITY WHEREAS, the area on West Belleview Ave . between Federal and Lowell are identified in the City's "Sidewalk Missiq Linb"; and F I WHEREAS, installation of sidewalb at 1bit loc:atjon is desirable for the ufety and convenience of pedeslrians; and WHEREAS, City Council applied to Denver Regional Council of Governments (DRCOG) to include this project in the Transportation Improvement Proaram (TIP)/ and WHEREAS, DRCOG agreed to include the projecta for fuodina in 2003 and WHEREAS, the Federal sbare for 1bit project is SI 12,000 and the City of Englewood's share would be $80,000. NOW, THEREFORE, BE IT ORDAJNED BY TIIE CITY COUNCIL OF TIIE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Scctigp I. The City Council for the City of Enalewood, Colondo, hereby approves the Transportation Enhancement Contract between The Colorado l>epartmeat of Transportation and the City of Enalewood, State of Colorado, a copy of wllicb is attached hereto and incorporated herein by reference . Scctjon 2. The Mayor is authorized to sian and the City Clerk to attest the Transportation Enhancement Contract for and on behalf of the City of Enalewood, Colorado . Introduced, read in full and passed on tint reading on the 7" day of October, 2002 . Published as a Bill for an Ordinance on the I Ith day of October, 2002. BeverlyJ.Bndabaw,Mayor -1 - ATTEST : Loucrishia A . Ellis, City Clerk I, Loucriahia A. Ellil, 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 pused on tint readiJl8 on the 7tb day of October, 2002 . Loucrilhia A . BUia -2 - (FMLA WRKENH) STE M395-005 (12745) REGION 6/{NSO) Rev 2/00 02 HA600081 CMS ID 02-224 TRANSPORTATION ENHANCEMENT CONTRACT THIS CONTRACT, made this __ day of 20_ by and between the State of Colorado for the use and benefit of THE COLORADO DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State or COOT, and the CITY OF ENGLEWOOD, ST A TE of COLORADO, 1000 Englewood Parkway, Englewood, CO 80110, FEIN: 846000583, hereinafter referred to as the Local Agency, or the conttactor. FACTUAL RECITALS . 1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment of project and Local Agency costs in Fund Number 400, Appropriation Code 010, Organization Number 9991, Program 2000, Functions 3020 & 3301, Object 2312 1 P, Phases D & C, Reporting Category 6240, Contract Encumbrance Nwnber 12745, (Contract Encwnbrance Amount for 3020: $20,000.00; for 3301: $120,000.00 for a total encumbrance of: $140,000.00). 2 . Required approval, clearance and coordination have been accomplished &om and with appropriate agencies. 3 . Pursuant to Title I, Subtitle A, Section 1108 of the Transportation Equity Act for the 21st Century of 1998 (TEA-21) and to applicable provisions of Title 23 of the United States Code and implementing regulations at Title 23 of the Code of Federal Regulations, as may be amended, (collectively referred to hereinafter as "the federal provisions"), certain Federal funds have been and will in the future be, allocated for highway projects requested by Local Agencies and eligible under the Surface Transportation Program that has been proposed by the State and approved by the Federal Highway Administration (FHWA), hereinafter referred to as the program. -1- 4. Pursuant to§ 1007(a) ofTEA-21, at 23 U.S.C. § 133(d)(2), certain Surface :'r:i.usportation Project funds arc made available only for eligible "Transportation Enhancement Activities", as defined in§ 23 U.S .C. § lOl(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 of fcderal funds for a program project performed by a local agency under a contract with the State. 6. The Local Agency bas requested that a certain local highway project be funded as part of the program as a Transportation Enhancement Activity, and the Local Agency Represents that the project is an eligible Transportation Enlwicemcnt Activity as defined in 23 U.S.C. § IOl(a), and by the date of execution of this contract the Local Agency (and/or the State) has completed and submitted a preliminary version of COOT form #463 describing the general nature of that project work. The Local Agency understands that, before the project work is actually started, the description of the project work in that COOT form #463 will likely be revised as a result of design changes made by COOT, in conjunction and coordination with the Local Agmcy, in its internal review process. The Local Agency desires to agree to perform the project work u described in the Form #463 , as it may be revised in that Process. 7. Federal-aid funds have been made available for project STE M39S-005 for design and construction of sidewalk, handicap ramp, relocation of signage, traffic sip]s, and curb cut reconstruction on the west side of Belleview Avenue, fiom Fcderal Boulevard to Lowell Boulevard in Englewood, Colorado, as more specifically descnbed in Exhibit A (the Form #463 and/or a "Scope of Work'') and hereinafter referred to as "the project" or "the work". 8. The matching ratio for this fed eral-aid project is 800.4 federal-aid funds to 20'te Local Ag ency funds , it being understood that such ratio applies only to such costs as ue eligible for federal participation, it being further understood that all non-participating costs shall be borne by the Local Agency at l 00°/o . -2- 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 for the project. 10. The Local Agency has estimated the total cost of the Work and is~ to provide its match share of the cost, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to expend its match share of the Work. A copy of this ordinance or resolution is attached hereto and incorporated herein u 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 ., as amended. and the Local Agency onlinanceheaolution. 12. The parties hereto desire to agree upon the division ofresponst'bilities with reprd to the projecL 13 . The Local Agency is adequately staffed and suitably equipped to undertake .and satisfactorily complete some or all of the Work. 14. The State certifies that such work can be mon: advmtageoully performed by the Local Agency. NOW, THEREFORE, it is hereby agreed that: I. STANDARD FORM CONTRACT This is a standard form contract that is designed to efficiently contract for and lda,jnitde, 2 types of program projects : I) program projects which include the same basic work elements (design; construction; construction administration by local agency; right-of-way; utilities; etc .); and, also, 2) program projects with specific differences in those basic work elements (U.. a specific project may include design but no construction. or it may include design and c:onslnlction but the State will do the construction administration, etc.) The form contract accommodates both types of projects by usins qualifying language to condition the application of particular contract req~ bued on wbelber apecific wort clements an: included in the project. For instance. where the contract providel ... "If the Wodt -3- includes engineering/design services, the Local Agency shall perfonn the following requirements ... ", the Local Agency need perform those requirements only if engineering/design services are expressly included in the project, as defined in the Scope of Work. (Convenely, notwithstanding that language is in the contract, the Local Agency can ignore those "requirements" if engineering/design services are~ expressly included in the Scope of Work.) The Local Agency shall interpret such qualifying language in that manner. By using such language, the form contract can apply to both the general and the specific types of projects. thus making it easier to administer and saving the State and the Local Agmcy time and expense. n. PROJECT DESCRIPTIOH "The project" or "the Work" under this contract shall consist of design and construction of sidewalk, handicap ramp, relocation of signage, traffic signals, and curb cut reconstruction on the west side of Belleview Avenue, tiom Federal Boulevard to Lowell Boulevard in Englewood, Colorado, as more specifically described in Exlul>it A, attached hereto and made a part hereof (the Form #463 and/or a "Scope of Work") u it may be revised by the parties in the design review process before the project work is actually started. m. INCORPORATION BY REFERENCE All federal and state statutes, regulations, specifications, administration checklists, directives, procedures, documents, and publications that are specifically identified and/or referenced in this contract, together with all exhibits and attachments and addenda to this contract, are incorponded herein by this reference as te:ms and conditions of this contract as though fully set forth. IV. WORK RESPONSIBILITY The Local Agency shall be responsible to perfonn all design and/or right-of-way and/or utility and/or construction and/or construction administration tasks required to complete the Work. and the Local Agency shall comply with all applicable terms and conditions of this contract in performing the Work, including those process and task n11pOD111>ilities and llandanla • specifically indicated in the Pre-Coaatruction and Construction Adminimation Chectliltl attached hereto and made a part hereof. The responsible party shall perform all such tasks in accordance with applicable requirements and standards, including those in this contract and in applicable law . V. PROJECT FUNDING PROVISIONS The funding provisions for the project are attached hereto and incorporated herein as Exhibit C. VI. TRANSPORTATION ENHANCEMENT ADVANCE PAYMENT PROVISIONS The advance payment provisions described herein shall apply only to a perceatap of the construction work portion of an enhancement project, • dacribed below. Payment fo r all otller work portions of the Project, including for the design work, sball be on a reimbursement basis, as described below. A. Punuant to FHWA's approval under 23 U.S.C. § 133(e)(3)(8), the State will provide an advance payment up to a maximum percentage of the total amowtt for the construction portion of transpogation enhancement project activities, in accord with the following procedures. I . the State will provide advance payment to the Local Agaw;y of 70-A of the fcdenl funds budgeted and available for the conslnletion of this transportation enhancement project, in accord with 23 U.S.C. § 133(e)(3)(B and u described herein. 2. the Local Agency sbal1 submit the following to the State repaesmtative identified in section VIl, after execution of this Contract: 3. a) a financial statement for the comtruction of the project; IDd b) an invoice for advance payment of70'.4 of the federal funds budgeted and available for the construction of the project. After receipt of such statement and invoice, the State will iauc a wsmnt to the Local Agency in the amowtt of the approved advance payment of conmuction proje . t funds, subject however to the prior performance of the following: A) the satisfactory completion of the desip of the project; 8) the State approving the -5- 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 fiom 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 docs not start the construction work within 120 days of receipt of the notice to proceed, or if the Local ~y 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 Agerr.y discontinues/abandons performance, u applicable. S. When the Project construction work is completed, the Local Ageooy shall submit to the State all required paperwork for that comtruction work. together with a final statement of costs for that COllltruction work and a billing for the remaining 30-.4 of the federal funds budgeted and available for the Project CODltrUCtion work. The State shall not reimburse the Local Agaw;y the remaining 30% of the construction work costs mtil the State baa reviewed the billinp and baa inspected the completed project c:onstruction work. subject to tho tenna and conditions of this contract. B. Except u provided in A. above., the State will reimburse tho Local Apa,;y 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 cbargea for COits incurred relative to the design. and work portions of the project. Providt'd, however, that charps incW'nd 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 bis deaipee will not be charpd by the Local Agency to the project, and will not be reiuibuncd by tho State, ablent specific FHWA and/or State Controller approval thereof. ' t • • • C. The State will reimburse the Local Agency's reasonable, allocable, allowable costs of performance of the Work, not exceeding the maximum total amount described in Exhibit C. The applicable principles described in Title 49, Code of Federal Regulations, Part 18 (the ''Common Rule"), Subpart C ("Financial Administration''), including 49 C.F.R. 18.22, shall govern the allowability and allocability of costs under this contract. The Local Agency shall comply with all such principles. To be eligible for reimbursement, costs by the Local Agency shall be: 1. in accordance with the provisions of Exhibit C and with the tams and conditions of the contract. 2. necessary for accomplishment of the Work. 3. reasonable in amount for the aoods and ICIVicell provided. 4. actual net cost to the Local A&m,;y (i.e., the price paid minus any refunds, rebates, or other items of value m:cived by the Local Apa;y that have the effect of reducing the cost actually incurred). S. incuned for Work performed subsequent to the effective date oftbia contract. 6. aatisfactorily documented. D . The Local Agency shall establish and maintain a proper IC'q)lmrinc lyatem in accordance with pnerally accepted accounting mndarcla (a acparaae let of ICC'Omt1, or u a llplrate and intepal part of its current accountma acbeme) to aaure that project ftmda are expended and costs accounted for in a IDIIIDS COlllillmt widl tbia COlllnct and project objectives. l . All allowable costs charged to the project, includina my approved ICl'Yicel contributed by the Local Apa;y or Olbcn, shall bo supported by properly executed payrolls, time reconls, invoiccl, contncta or voucbms evidencina in detail the nature of the charges. 2. Any check or order drawn up by Li . Local A&m,;y, incll.ldina any itan which ii or will be chargeable apinlt the project account shall bo drawn up only in accordance with a properly aiped voucla than on file ia tbe office oftbe Local Agency, which will detail the purpoee for wllic:b Aid c:boclt or Older ia drawn. All .7. 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 Agcncy undentanda and agrees that the State may perfonn such services, and that payment for such NIVices 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 u 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 usistance 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 reMOD. then all actual incurred costs of such services and aasistance provided by the State lbaU be the aole expense of the Local Agency. F. If the Local Agency is to be billed for COOT incurred direct costs, the billing procedure shall be u follows: 1. Upon receipt of each bill from the State, the Local Apm:y will remit to the State the amount billed no later than 45 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State wi~ 45 days of demand or within such other period u may be agreed between the parties hereto, the Local Agcncy 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 Hipway Uaers Tax Fund and to pay such funds directly to the State. Interim funda, until the State is reimbursed, shall be payable from the State Highway Supplemenllry Fund (400). 2. If the Local Agency fails to make timely payment to the State u required by dlia section (within 45 days after the date of each bill), the Local A,-,:y lball pay -8- 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 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 acc:ordance with the State's standard policies, procedures, and standardized billing format attached hereto and made a part hereofu Exhibit D. 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 u earned, in whole or in part, from available funds, encumbered for the pun:hase oftbe 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 Apa,;y may be withheld at the discretion of the State until completion of final audit 3. Incorrect payments to the Local Agea,:y due to omission. error, mud, or defalcation shall be recovered from the Local Agm;y by deduction from subsequent payment under this contract or other contracts between the State and Local Agency, or by the State u a debt due to the State . 4 . Any costs incurred by the Local Agew;y that are not allowable under the Common Rule shall be reimbursed by the Local Agency, or oftiet against current obligations due by the State to the Local Agea,:y, at the State's election. -9- VII . STATE COMMITMENTS A. The State will provide liaison with the Local Agency through the State's Region Director, Region 6, 2000 South Holly Street, Denver, Colorado 80222, (303) 1S1-92Sl. Said Region Director will also be responsible for coordinating the State's activities under this contract. Said Region Director 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. Until changed by notice in wri1ing, all such notices and communications shall be addressed u follows: Ifto State: Kevin Hsu COOT Region 6-Design 2000 South Holly Su= Denver, CO 80222 (303) 7S7-993 l Ifto State: Ron Buck COOT Region 6-Conlt. 8833 S. Wldawortb Ct. Littleton, co 80128 (303) 972-9112 If to the Local Agency: Dave Hendenon City of Englewood 1000 Enp,wood Parkway Englewood, CO 80110 (303r 162-2S06 8. The State will advance/reimburse the Local Agency for the federal-aid share of the project charges, u provided in Exhibit C. C. If the Work includes construction, the State, at its diacretion, will review COllllluction plans, special provisions and estimates and will cause the Local Agency to make tboae changes therein that the State detenninea are ncc:mmy to aaure compliance with State and FHW A requirements . D. State will pcrfonn a final project inspection prior to project accepbiuCe a a Quality ControV Assunnc:~ activity. When all project work ha been saliaf'ac:torily completed. the State will sign the FHW A fonn 1212 . vm . LOCAL AGENCY COMMITMENTS A. I. DESIGN. If "the Work " includes preliminary dcsip. or final deaip (a.k.L •CCJllltrUCtian p1ami. or design work sheets, or special provisions and Cltimaaa (coUectivcly rdmld lo • ~ -10- Plans"), the party that is responsible under Section IV (either the Local Agency or the State) for the Plans'dcsign shall comply with the following requirements, as applicable: 1. perform or provide the Plans, to the extent required by the nature of the Work. 2. prepare final design ("construction plans") in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual. 3. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction. 4. 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. S. stamp the Plans produced by a Colorado Regiataed Profeuional Engineer. 6. provide final assembly of the Plans and contract documenta. 7. be responsible for the Plans being accurate and complete. 8. Make no further changes in the Plans following the award of the conllruction contract except by agreemcot in writing between the partiea. The Plaas lhall be considered final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein. II. If the Local Aga,ty ia the raponaible pmy: 1. It ~ afford the Stale ample opportunity to reviaw the Plaas and make any changes in the Plans u directed by tho State to comply with FHW A rcquiranam. 2. It may enter into a contract with a conaultant to do all or any portion of the Plana and/or of cooatruction administration. Provided, however, that if fedcnl-aid funds are to participate in the COit of such work to be done by a conaultant. the Local Agency shall ensure that its procurement of that comuhanl cootract (and the performance/provision of the Plans under that cootnct) complies with all applicable requirements of Title 23, Code of Federal lleplllicm (CFR). Part 172, ( concemin& the Adminiatralioo of Ensineerin& and Delip Related Service Contncta), and with any procedura implemenlina tboee requinmlllla • pnmded -11- by the State, including those described in Attachment #1, which is incorporated herein by this reference. Those requirements and procedures include, without limitation: a) it shall (or its contractor shall) submit any consultant subcontract to COOT for approval prior to its execution by the Local Agency/Contractor, as required by § 172.S (d); b) it shall ensure that all changes in the consultant contract shall be by written supplemental agreement and must have prior approval of the State and FHW A. As soon as the contract with the conaultant bas been awarded by the Local Agency, one copy of the executed contract shall be submitted to the State. Any amendments to such contract shall be similarly submitted; ' c) it shall require that all consultant billings under that contract shall comply with the State's standardized consultant billing format. Examples of the billing formats for the various methods of contract payment are attached hereto as Attachment 2; d) it shall (or its contractor shall) alao use the COOT procedures as descn"bed in Attachment #1 to administer that desip c:onsultant IUbcontrlct, to comply with § 172.S(b) and (d); e) it may expedite any COOT approval of its proc:urement procea and/or of its consultant contract by submitting a letter to COOT from the Local Ag,:al:y's attorney and/or authori7.ed aepresentative certifying compliance with thole COOT Attachment # 1 procedures and with the requirements of§ 172.S(b) and (d). f) it shall ensure that its consultant contract complies with the requirements of 49 CFR 18.36 (i) and contains the required provisions as well u the following language which shall be included veabatim: l ) "The desisn work under this contract shall be compatible with the requirements of a separate contract between the Local Apx:y and the State (which is incorporated herein by this aefaence) for the -12- design/construction of the project. The State is an intended third party beneficiary of this contract for that purpose." 2) "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." 3) "The consultant shall review the construction contractor's shop drawings for confonnanc:e 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." B. CONSTRUCTION. I. If "the Work" includes construction, the party that is rapons1"ble under Section for the construction/construction administration IV (either the Local Agerw;y or the State) shall perform the construction in accordance with the approved design plans and/or administer the construction all in accord with the project's Pre-constructio and COllllnlc:tion Contract Administration Checklists. Such adminimalioo shall include project inlpcc:tion and testing; approving sources of materials; perfonning required plant and shop inspections; documentation of contract payments, testing, and impec:tion activities; preparing and approving pay estimates; preparing, approving. nteecuring the funding for contract modification orders (CMO.) and minor CODlnlet revisions (MCRa); processing contractor claims; construction supervision; and, meeting the Quality Control (QC) requimnents of the mw A/State stewardship propn. all • more fully delcn"bed in the project's Pre-construction and Contract Adminiatration Checklists. II. If the Local Agency is the responsible party, it shall: l. appoint a qualified professional engineer, licensed in the State of Colorado, u the Local Agency Project Engineer (LAPE), to perform that eclmioimalion. The LAPE shall administer the project in ICCOl'dance with tbia apeement, the requirements of the c:omtruction coalnlCt, and applicable Stale pn,cedurel. The -13- LAPE may be an employee of the Local Agency or may be a consultant. If the LAPE is an employee of the l.ocal Agency, the LAPE shall be in responsible charge of the construction of the project (u provided in § 12-25-102 C.R.S. as amended), notwithstanding any exception described in § 12-25-103, C.R.S., as amended. 2. if·bids are to be let for the construction of the project, the Local Ager,cy shall in conjunction with the State advertise the call for bids and upon concum:nce by the State award the construction contract(s) to the low responsive, responsible bidder(s). a) In advertising and awarding the bid for the construction of a federal-aid project, the l.ocal Agency shall comply with applicable requirementa of 23 U.S.C. § 112 and 23 C.F.R. § § 633 and 635 . Those requirementa include, without limitation, that the Local Agency/Contractor shall physically incorporate the entire "Form 1273" (which, if relevant to this contract, is attached) vabatim into any subcontract(s) for those services as terms and conditions thereof: as required by 23 CFR.633 .102(e). b) The Local Agm,:y 1111 the option to acc:cpt or~ tbe propoal of the low bidder for work on which competitive bids have been received. The Local Ageo,;y must declare the acceptance or rejection at the award confennce or within 3 working days after uid bids are publicly opened, wbic:beYs occun later.) c) By indicating its conc:urrence in spch award It the award conference, the l.ocal Agency acting by or through its duly autboriz.ed aepcwutatiwa. aarees 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.) 3. if all or part of the coilltnlction work is to be accomplished by Local ~ personnel Ci&.:., by "force account"}, aatber than by a COlllraCtor pursuant to a contract with the Local Ageo,;y, the Local Agency will cmure 1h11 all lUCb force account work is accomplisbed in accordance with die per1iaent State -14- specifications and requirements and with 23 C.F.R. Part 63S, Subpart B, "Force Account Construction". a) Such work will normally be based upon estimated quantities and fum unit prices agreed to between the Local Agency, the State and the FHW A in advance of the Work, u provided for in § 63S.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. b) An alternative to (a) is that the Local Aaa,,:y may apec to participate in the Work hued on actual costs of labor, equipment rental. materials supplics and supervision necessary to complete the Work. Where actual coats are used. eligibility of cost items lhall be evaluated for compliance with Federal Acquisition Regulations (FAR}, 48 C.F .R. Part 31. c) Rental rates for publicly owned equipment will be dctennined in accordance with § 109.04 of the State's "Standard Specificationa for Road and Bridge Construction". d) All fon:c 1CCOU11t work lhall have prior appn,vAI of the State and/or FHW A and lhall not be initiated until the Statc bu i8IIIOd a written notice to proceed. C. ROW ACOUISWON/RELOCATION. Prior to this project being advertised for bids, the Local Aaa,,:y will c:atify in writing to the State that all right of way bu hem~ in ICCOldance with the applicable State and fodcral regu1atioaa, CII' that no additional ri&bt of way ia rwquired. D. lITILITIES, The Local A~ will be rcapomible for obtaining the proper cleaaace or approval from between the Loc:al Ager,l;y and the utility, if MCI lllly. Prior to this project being advertised for bids, the Local Aaa,,:y will catify in writiaa to the Statc tbal all such clcarancca have been obtainod. -1S- E. RAILROADS. F. In the event the project involves modification of a railroad company's facilities at a railroad grade crossing whereby the Work is to be accomplished by railroad company forces, the l.ocal Agmcy shall make timely application to the State Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the work without complilncc. The l.ocal Agmcy lhaU also establish contact with the railroad company involved for the purpose of complying with applicable provisions of23 Code of Federal llcgalations 646, Subpart 8, conccming federal-aid projects involving railroad facilities, including: 1. Executing an agreement setting out what work ii to be accomplisbed and the location(s) thereof, and that the com of the improvement sball be elip"blc for federal participation. 2. Obtaining the railroad's detailed estimate of the COit of the Work. 3. Establishing future maintenance raponsibilitics for the l*opoecd instaUation. 4. Prac:n"bing future U1C or dispositions of the l*opoeed impnnanada in the event of INDllomncnt or clhni,wrion of the p'ldc cnllling. S. Emblishing future repair md/or replacement rapoma"bilitia in tbe event of ICCiclental dellructioD or damage to tbe instaUalion. ENVIRONMENTAL The Local Aa,:r,,:y shall perform all wast in acconl with tbe aequiaemeata of current federal and s1a1c enviroameneal n,auhdon, including tbe Naaoaal Elma«••_... Policy Act of 1969 (NEPA) u applicable. G . RECORD KEEPING, I. The Local Agency lhall maintain all boob, documenta. papen, acuudio& records and other evidence pertaining to COits incurred and to mate IIICb materials miillble for inspection at all reasonable times during the conmct period and tor 3 )'ml fiom tbe date of final payment to the Local Aprcy. Copies of IUCh recorda lbaU be ftnilbed by tbe Local Agency if requested. -1~ II . The Local Agency shall, during all phases of the Work, permit duly authorized agents and employees of the State and the FHW A '" inspect the project and to inspect, review and audit the project records. H. MAINTENANCE. 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, and will make ample provision for IIUCb maintenance each year. Such maintenance and operaliona shall be in accordance with all applicable statutes and ordinances, and regulations promulgated tbcreundcr, which define the Local Agency's obligation to maintain such improvements. The State and FHW A will make periodic inspections of the project to verify that auch improvements arc being adequalely maintained. I. FEDERAL REOUIRBMENTS. J . The Local Agency/Contractor shall at all times during the execution of this contract strictly adhere to, and comply with, all applicable federal and stale laws, and their implementing rcgulationa, a they cumndy exist and may bcrafter be amended. which arc incorporaled herein by this refcrcocc u tmna and c:oaditioaa of this coall'ICL The contractor sball alao require compliaacc wilb these ltatUtel and ........... in IUbgnnt agreements permitted under this contrllct. A liltina of IOIDe of the federal and stale laws that may be applicable, dcpencling on the Local Apncy/Comractm wort rapcmalKlities under thia contract, arc clcecn"bod in ADDENDUM A. DBE BEOUIREMENTS The Local Agew;y will comply with the rcquinmenta Construction Contract Administration Checklist repnlina DBE requiremela for the work, except if the Local Agew;y desires to use its own DBE Program to implcmeot and administer the DBE provisions ofTitle 49 CFR Part 23 UDder this contract, it must submit a copy of its program 's requirements to COOT for review and approval before the execution of this contract. If the Local Apr,,;y 111a its pn,pm1 for this coall'lct, the Local Agency sball be solely rapomiblc to defend that DBE PropllD and its UK of that -17- • • • Program against all legal and other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation, determinations concerning DBE eligibility and certification, adequate legal and factual bases for DBE goals, and good faith efforts. COOT approval (if any) 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. K. LOCAL AGENCY FUNDS The Local Agency shall provide its match share and indirect cost funds for the work as outlined in Exhibit C. IX. GENERAL PROVISIONS A. 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 within the Work of this contract B. If the Work involves construction, the State shall have the authority to suspend the Work, wholly or in part, by giving written notice thereof to the Local Agem;y, due to the failure of the Local Agency or its construction contractor to conect project conditions which are unsafe for the Workmen or for such periods as the State may dean necessary due to unsuitable weather, or for conditions considered unsuitable for the proeecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. C . This contract may be terminated as follows: I . Tennjnation for Cause. If, through any cause, the Local Ager,,;y shall fail to fulfill, in a timely and proper manner, its obligations tmder this contract. or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this conbact for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show CIIUle why termination is otherwise not appropriate. In the event of termination, all finilhed or -18- • t • • unfinished documents, data, studies, surveys, drawings, maps, modela, 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 received just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payment advanced wider the provisions of this contract. Notwithstanding above, the Local Agency abal1 not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency. It shall be grounds for the State to terminate this contract for cause, if after a period of two (2) yan from the date of this contract, the Local Agency fails to substantially proaecute the work outlined in the contract. If after such termination it is determined, for any reuon, that the Local Agmcy wu not in default, or that the Local Agency's actionfmaction wu excusable, such termination shall be treated u a termination for convenience, and the rights and obligations of the parties shall be the umc as if the contract bad been terminated for convenience, as deacribod herein. 2. J:mniw,tjon for Conyegienc;e, The State may terminate this contnct at any time the State determines that the purposes of the diatnoution of mnda under the contract would no longer be served by completion of the projec:t. The State shall effect such termination by giving written notice of tenninmoo to the Local Agency and specifying the effective date thereo( at lealt twenty (20) days before the effective date of such termination. 3. Termination Due to Lou of:fypljps The parties berelo cxprealy recopizc that the Local Agency is to be paid, reimbuned, or otherwile compemated with federal and/or State funds which are available to the State for the purpoeea of contracting for the project ;,rovided for herein, and therefore, the l..ocal Apncy expressly undcratanda and aarees that all its ripla. demands and claims to compensation arising under this COllll'act are continpat upon availability of such -19- 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. D. Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and attachments hereto which may require continued perfonnance or compliance 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. E. This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such fflluircd 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 specifically provided otherwise herein, 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. F. To the extent that this contract maybe executed and perfonnance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract arc severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failme shall not affect the validity of any other term or provision hereof. The waiver of any brellcb of a term hereof shall not be construed as a waiver of any other term, or the same term upon sublequent breach. G . This contract is intended as the complete integration of all understandinp between the parties. No prior or contemporaneous addition, deletion. or other mnendment 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 written contract executed and approved pursuant to the State Fiscal Rules. H. Except as herein otherwise provided. this contncl shall inure to the benefit of and be binding upon the parties hereto and their respective succesaon and auigna. -20- I. The Local Agency represents and warrants that it CU1TCDtly bas no interest. and shall not acquire any interest, direct or indirect, that would conflict in any marmer or degree with the perfonnance of the Local Agency's obligations under this contract. The Local Agency's further covenants that, in the performance of this contract, it will not employ any person or firm having any such known interests. . J. This contract shall become "effective" only upon the date it is executed by the State Controller, or designee. The term of this contract shall begin on the date fint written above and shall continue through the completion and final acceptance of this project by the State, FHW A and Local Agency: K. The Special Provisions, Attachment LO (Certification for Federal-Aid Contracts), and Appendix 8 (DBE requirements) and Addendmn 8, Contract Modification Tools attached hereto are hereby made a part of this contract. The Local Agency shall comply with all applicable terms and conditions of such attachments. L. If a conflict occurs between the provisions of this contract proper and the attachments hereto, the priority to be used to resolve such a conflict shall be as follows: I . The Special Provisions and the attachments enumerated in Section VI, pansnpb K, above; and 2. This contract proper; 3. Other contract exhibits and 1UICbrneota, in deacencting order of their lltacbmenl M. It is expressly undenlood and agreed that the enforcement of the tams and cooditions of this contract, and all rights of action relating to IUCh enforcement. aball be ltrictly reserved to the parties hereto, and nothing contained ~ this contract shall give or allow any such claim or right of action by any other or third penon on such contract. It is the express intention of the parties that any person or entity other than the parties receiving services or benefits under this contract be deaned to be an incidental beneficiary only. N. The Local Agency assures and guarantees that it possesses the legal authority to enter into this contract. The Local Agency warrants that it has taken all actions requited by its procedures, by-laws, and/or applicable law to cxerciae that authority, and to lawfially authorize its undersigned signatory to execute this contract and to bind the Local A,-,:y -21- to its terms. The peraon(s) executing thia contract on behalf of the Local Ageuq warrants that they have full authorization to execute thia contract. -22- IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. ATIEST: By ______ _ Chief Clerk ARTHUR L BARNHART State Controller ATIEST: (SEAL) By ______ _ Title ------ STATE OF COWRADO Bll.L OWENS, GOVERNOR By __ ~~~~~- Executive Director DEPARTMENT OF TRANSPORTATION APPROVED: KEN SALAZAR Attorney General CTI'Y OF ENGLBWOOD. COLORADO By ________ _ Title _______ _ Federal Employs ldmtiftcalion Number: 846000583 .23- COIOf'lldO Department of Tr11na~tlon ·Origin Date: 12127/2001 Project code: 12745 .. STIP number: DESIGN DATA Revile Date: Project runber: M395-005 Ps:-~-Pi:---- 011111r1c 0Enlllah Aevtaloll " I Page 1 Region: 06 I r-,11 llf"\I ... • I I Af"llnl I LI Status: • l)f9llminary Q tlnal 0 r9'AMd ---. Prepared by: RIMsedby: Project dNcllpllon: W.BELLF.VIEW SIDEW ALKS:FEDERAL Dave Henderson Counly1 : 1County2: 1Colny3: Date: 12/18/2001 Date: Munlclpallty: Englewood Slbnllled by Ptoj.Mcl Approved by Pnlconstrucllon E.-: Syatem code: Q IM QNHS esTP Q OTHER o-.ighl: • COOT QFHWA QOTHER Dete: 12/27/200 I Pl.-cl lenglll: 0.5 GeograpNc location: W$ Belleview, from Federal Blvd . to Lowell St. Ten.In tvna: 0 Level u Plllinl 0 Rallng • Ulban 0 MaunlalrlOU9 o..atpllon of p,opoeed ~ (altlch 11111111 lhowirlg lile locallan) Installation of 5' wide sidewlllt along the nocth side or W. Belleview Ave. lnllallalion of handicap ramps • curb relllmS willl auocilled incidenlal wort, including relocaion or liana,e. traffic signals. ud curb cut RICOIIIIIUCllon 11na111c (Nole: use c:olumna A. B, elwJlor C IO lderlllly tacllty dNclliect blloWI Cunent year: Ful\nyew: ------F-IDcallorl l'aclllly Mir DHV DHV '!lo lruolla Mir 'DHV lndlllllllll RNldlnllal Olw A u u ~ - 8 D D -- ~ - C I r I - lldwyC .... --llafpl ..... .......... lla1•an ...., .. ........ t. z. a. DNlgn 9tancllnll (ldenlly ~ illfnl will a c:hec*nwk In tit calumn and clarify In rwmuks) ". •• C• S1andald IE**'II 11"-.d ..... 8llndlllll E*'"9 P,apaNd I.JI*'-' ...... .... ........ ..... D 5""-tvna 8 Typical MClon type loftnl .... ,_ D Wldlh of It ,,_ D Shoulderwd .:llan B Shoulder wd rt . ~ulllde Side s1ooe ctat rz1 D Meclan wldlh D Poai.cltpeed 8 Deaiclrl IPNd Mu. D Mn. .... D ..... to,m,,111 11d 8 lln.. vwkal ud Mu.grade P,qec1 undef Q 1A Q 3R 0 4A Q Olw: allllla Ellillllg .......... _... ...... Q Y• QND V-,ce ,n rN-.m «lllil,I ....... Nqlftd Q Yaa • ND o .-,piajact c-.: RJUlillcalion _,_ R--'° be ....... Nalll ...... Bildae i-._ •> s.. ---....... r1 s..~ ~p,qedl n ~...,..--.-,,.y ..... ~ CIDOI'..... ... Page2 Piqect Code: 1274S I Pn:Jject Number: M395-005 I ReviH 0ate: U. Major StruolllrN 19-tori, .....,t,e_ p_,., ___ I SlandlnS SWClln ~ Ver1iclll v-.,_-_, .... ,_la ... ....._. ,. __ Wldtl -..... ca--a--Bull .• ' ~ PropoMd ..,_,. of blldgN ID r9fflllin in place (addrNa blldge 11111, capeclly, and allOWllllle ..tace '*""-l .Projeol ca.ac...l 1MJ I (pOpoMd) ....... i,,a:0......, 0 palnlld QIIIINd o- -ILlnhllnn 7 -IT!allDOOIMII-1•- Culband-Curl>anlv I ull-lllln .. I I-*'-..... '.r Sidewlllk ...... s· 1-widll· ·-----11-*'-...... -........ °"°'" -11 ......... I undacllpe ~: (dacltplon) ua,a: .. fllthl of • ., YN ND Eal.ND. .-.. Olll--d~.--.--, ROW rd/or penn. __,. Nqlnd: 0 • Xcel l!mrs, • 0. A l!lecaic: illribulioa, 0-. ATAT Ralocallo,I 111q1a19(1: 0 • 8mdJlnd. Dawr Waer Dl,pt., LialuD Sanitaliori . Tempn,y __,. Nqlnd: • 0 Ctwigeeln-0 • Ctwigee ID co,w-rng nieda: 0 • ............... • d amalngl:. ............ ...... .............. ~--1 L 2 - 3 - 4 -Aeca111•'Clllkll•: lilln¥trollfMIIIIII Type: CE Programmalk: Caagorical EJdullan t: 23 CFA 771 .111.....-(c) (3) 121 lnillallon Dale:01/14120m ANllallO..: a...Aalalla..: eornr-.: II ~--(power .-.19Mr'«Jirs. •-> dNl9d ~ ll!Uot._. .... aaa. , ......... _ New lnllllc ~....., 1 1 1 .......... d ......... 1-1 \ • •. Ohr: Ill COMtNctMln IMlllod ~:Q o.ii,i 0 Laall~A .. ,. .. , .... _ .......... AchwllMd 1,y: O s .... Q P.O. OM~A • lclCIII 0 ~ Qia.~A .... ...-..: JID.112-2'°' Q None Q COOT FIA 0 1111111-...... (lrlc:lum ...... pagN • ......, AITACHMENT #1 THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT RDl:RAL-AID PROJECT AGREEMENTS WITH PRORSSIONAL CONSULTANT SERVICES Title 23 Code of Fcdcral Regulations (CFR) 172 applies to a fcdcrally funded local agency project agreement administered by COOT that involves professional consultant services. 23 CFR 172 and 23 CFR 172( d) state that, "When fcdcral-aid highway funds participate in the contract a local shall use the :same proccdurea u uacd by the State to administer cootracta ... •. Therefore, local agencies must COll1)1y with this CFR rcquimneat and the followiDa ltale procedures when obtaining profaaioaal comuJtant services under a fcdenlly funded c:omaltul comnct adminiltered by COOT. COOT bas formdated ill procedures in Procedural Diffctive (P.D.) 400.1 and the .elated opentiom pidebook titled "Obtaining Professional Comultaot Services". This directive and guidebook incorpolale requuaneDII fiom bodl Federal and State iqulatioaa, i.e., 23 CFR 172 and Colondo Reviled Stature (C.R.S.) 24-30-1401 et acq. Copia ofdle clinc:tive and die guicleboolt -y be obcaincd upon request fiom COOT, ApclDCllCI and Comu1tant Ma•p n• 111 Unit. [Local qcacics sbould have their o-written procedures oa file for each method of proanmmll lhat ~ die i1mll in 23 CFR 172.S(b)(l-6)]. 8cc:auac die procedurca and laws dcsc:ribcd in die Procedural Directive and the gujdeboot are quitll lenathy, die subsequent ltepl serve U a abort-band guide IO COOT procedures that a local qcncy must filllow in obtaillina profaaioaal c:onsultant services. This guidance follows die fomat of 23 CFR 172. 1be ltepl are: I . 1be contracting local agency aball document the need fOI' obtainin& profcssioaal servica. 2. Prior to solicitation for c:onsultant IGViccs, the coalnCtin& local apncy shall develop a detailed ICGpC of wudt and a lilt of cvaluatioa facton and their relative iq,onance. 1be evaluation filc:ton are dae idatified in C.R.S. 24-30-1403. Also, a detailed cost cstinate sbould be prepared for u. durina-.,cillioal. 3 . 1be coatractiaa qcncy must advertise fOI' COlllnlc:tl in coal'Clffllity wilh lhc n,qgilW ofC.R.S. 24-30-1405. The public DOlice period, when u:h DOCice is required, is a millillaa of IS dayl prior IO lhc llllcliaa of lhc tine most qualified flrml and lhc advcnilina sbould be doae in oae or -cllily •WJPIIPIR of ...... cimaliD& ... 1be request for -.lmat acrvices sbould include die ac:ope of-", lhc ffllualimt .................. iq,or1ance, lhc method ofpeymclll, and die pl of'llm ,-eal (10%) Diladvallllpda..iw l!allprile (DBE) panicipatioa U a mininun for die project. S. The analyais and aclectioa of'dle _.... sbould be doae •-clmce wilh C.R.S. 24-30-1403. 'l1lil IICliaD of lhc replatioll identifia lhc crilaia to be Uled ill lhc ewlllllioa of a><>T ..--.,lifted priml ca• t S al their tum. It also shows which crileria are Uled to llhort-lial and to nab a fiml aelectimL The short-list is bued oa the followiq cvaluatioa facton: a. Qualifications, b . Approach to the project, c. Ability to fllmisb profeuioaal services. d. Anticipated design c:oaccpll, and e. Alternative methods of approach for f\arnishina die profeuioaal servica. Evaluation factors for final selection are the ~s: a. Abilities of their ~I, b. Put perfonmnce, c. Willinpeu to meet the time and budpt requimnent, d. Location, e. Current and projected wudt load, f. Volume of pevioully ....W COlllnC1I, and I · lnvolvemelll ofmim.ily-1ba1111. Uwc2+lf:Hfl,SMIMMSl!tts ICUl4MI"""" .. " t 1 lie t t 6. Once a -itllll ii aelectecl, tbe local apncy enters ialo aqodalialll with tbe comuklnt to obtain a filir and realOlllble price for .. lllliclplllil ! wart. ~ mditl .. pnpnd far oamnctl apec:llld to be paler than SS0,000. Pedenl teimllaaWWill filr eo1t1 -limiled to !MN COiia aJlowlble aader tbe eoll priDciplel of 48 CPlt. 31. Piud fees (profit)-dellitmiued with CCllllidetatioa pen to m.e, complexity, lbaliaa, and depee of rilk involwd ia tbe wart. Pto&t ii ill lbe 11111e of six (6) ~ 6ftem (IS) pen:at oftbe IOIII dit9ct IIMI iaditect com. 7. A qualified local apncy Clllployee allbe ~le &llll ill c:llllp of lbe project to emae 11111 tbe wmlt beiDa purmed ii complete, accunll, liMI cwillEill with lbe IEiml, C nlitil m, and apecHlcllica af .. ccamct. AJ tbe end ofpn,jec:I, tbe local apncy pnpua a petfotnwwwce eYalllaallD (a COOT form ii available) Oil tbe-ii.. 8. l!acboflbe 11ep1 lilledabove ii tobe don Nied iaaccardwe wilbtbeprcmaiolllof49CPR 18.42, wllicb pnmde ilrteCOD III be apt II llilllt tine (3),-a .._ .. date dllltbe localapsy .... lei 8lal expetNlilme report Records ofpn,jec:11 aader titipciClll lball be bpt ll llilllt tine (3) ,-. der tbe-• bemlllded. Tbc C.R..S. 24-30-1401 dnup 24-30-1408, 23 CPR Pan 172, IDd P .D. 400.1, pnwide tlddlliwl dlllill lir _..a,.. with tbe eialNl (8) 111p1 jull dilcaaed. PRECONSTRUCTION ADMINISTRATION CHECKLIST Region: ______ ~----"--Project Code#: 1274S Local Agency: Englewood COOT Design Proj. Mgr.: Kevin Hsu COOT Resident Engineer: Ron Buck Project #: M39S-OQS . Location: W. Belleview: Fed. Blvd to Lowell Description: Sidewalk and BNDPI The following checklist shall be utilized to establish the PRECQNSTllUCTION ADMINISTRATION QfflC!CJ IST responsibilities of the indi·ndual parties to this apeement. RESPONSIBLE PARTY LOCAL NO. DESCRIPTION OF TASK AQENCV CPOT 1. Transportation Improvement Program(T.I .P.) 2 . Design Data (COOT Form #463) ............................... . 3. Funding Authorization ....................................... . 4 . LA/COOT Project Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _x_ .JL S. Utility, Railroad, and Consultant Agrccmcnla . . . . . . . . . . . . . . . . . . . . . . . . _x_ .JL 6 . Consultant Selection . . . .. . . . . . . .. . . . .. . . . . . . . . . . .. .. . . . . . . . . . . _x_ .JL 7 . Field Inapection Review (FIR) .. .. .. . . . .. .. .. . . . . .. .. . .. . . .. .. . . _x_ .JL 8. Public Hearings ............................................. . 9 . Environmental Processes ..................................... . 10 . Design Approval ........................................... . 11. 12 . Final Office Review (FOR) Force Account Justification .................................... .................................... 13 . Proprietary Item Justification .................................. . 14 . Davis-Bacon Waae Rates LX... Yes _No) ....................... . 15 . OesilP' Exceptions .......................................... . .JL _x_ _x_ _x_ _x_ _x_ .JL .JL ...L ...L ...L ...L Page2 PRECONSTRUCTION ADMINISTRATION CHECKLIST HQ. DESCRIPTION OF TASK 16. Rights-of-Way ............................................. . 17. Plans, Specifications and Construction Cost Estimates .............. . 18. EEO/DBE Requiranents ..................................... . 19 . Advertising Less Than Three Weeks ............................ . 20. LA Ad and Award .......................................... . 21. Construction Administration .................................. . .1l. Final Checklist Date: 12(27/01 Revised Checklist Date: _____ __, # Requires COOT review/concurrence/approval/involvement. • Requires FHW A concurrence/involvement. 04/29/96 Rev . 11/98 RESPONSIBLE PARTY LOCAL AGENCY Q2QI _x_ ..1L _x_ ..1L _L _x_ .JL _x_ ..1L ...x.. CONSTRUCTION CONTRACT ADMINISTRATION CHECK LIST Page 1 CDOT Region:~~~~~~~6~~~~~~­ Local Agency:~~E-~~~~l~t~w~·~·~~~~~~~~ Project Code (SA#) : I? 14-S- Project No.: tj l, .t · oo £ CDOT Resident Bngineer: R•, B ..... , f-Location: ~, J.,\litrt,.I Eden\ +, Lo...it\\ Local Agency Project Manager:J>,~• ij, ... ~,..Oescription: s:.lt~s\k ,..J,. fV••f .S The following check list shall be utilized to establish the COBSTRUCTION CONTRACT ADMZNISTRATION responsibilities of the individual parties for this project. THB CHBClt LIST SHALL BB INCORPORATED INTO TBB BNTITY AOUBMBNT AT PROJBCT DICBPTIOR. THB CHBClt LIST SHALL BB PRBPARBD BY PLACING AN X UNDO TBB RBSPORSIBLB AGBNCY, OPPOSITB llCH or TBB TASltS LISTBD BBLON. MJen COOT is selected to be responsible or co-responsible by option, the method of the Local Agency's reimbursement for CDOT'S costs must be established. 1'HBN A TASIC DOSS ROT APPLY TO TBB PROJB:CT, NOB-APPLICABLB (RA) SHALL BB PLACBD UNDO BOTH AGBRCIU, AND AN BXPLARATION or WHY IT IS ROT APPLICABLB SHALL BB IRCLUDBD. TASltS IIRICB WILL BB PDFORDD BY DADQUARTBRS STAPP WILL BBS DIDICATBD OB TRIS CHBClt LIST. TBB RBGION DI ACCOlll>ARCB WITS UTULISJIBD POLICIBS AND PROCBDURBS, 11RBR APPLICABLJ!I:, SHALL DBTDIIIRB 1IRO WILL PDFORII ALL OTDJl TASltS 'IIIIICB ARB TD RBSPONSIBILITY or CDOT. THB RBSIDBNT DGIDO OR CDOT DUIGND 8JIALL :IDD"nff AND IIOTiff TD APPROPRIATB STllDOLDBRS, A1ID TBOSB ON TD IIINDIUII DISTRIBUTIOR LIST BBLOlf, or rIBLD INSPBCTION RKVIB1fS (l'.I.R.) Alm PINAL Ol'l'ICB RSVIB1fS (l'.O.R.) l'OR ALL LOCAL AGBNCY PROJBCTS. INSTRUCTIONS TO INITIATE TBB CHBCI LIST Alm IP TD CONTRACT ADIIIHISTRATIOB RBSPONSIBILITIBS HAVB CHAHGBD: A preliminary check list shall be prepared by the CDOT Resident Engineer (RE ) with the COOT Design PM, in cooperation with the LAPM, prior to the F .I.R. a nd submitted to the Region Program Engineer (RPB) with the F.I.R. no t ice. I f Co ntract Administration responsibilities are changed after the F.I.R ., the CDOT RE , in cooperation with the LAPM, shall pre~are a revised c h eck l ist and distri bute copies. The COOT RB ahall prepare the l'DIAL check list p rior 'o the F .O.R. and submit copies to all persons receiving t h e F .O.R. n o t ice . The minimum distribution list is shown below. con, CDOT U/ .. • t .. • • CONTRACT ADMINISTRATION CHECK LIST PAGE 2 ** RBSPONSIBLB PARTY LOCAL NO. DESCRIPTION OF TASlt AGDCY CDOT 1. Set Disadvantaged Business Enterprise (DBE) X goals for the project. (COOT Region EEO Administrative P.rogram Specialist) 2. Set On Job Training (OJT) goals for the ~ project. (COOT Region EEO Administrative Program Specialist when COOT is responsible.) 3. Assure the correct Federal Wage Decisions, X all required DBE/OJT Special Provisions and the FHWA Form 1273 are included in the Contract documents. (COOT RE or Designer) This project is exempt from Davis-Bacon requirements as determined by the functional classification of the project location. (Note: Projects located on local roads and rural minor collectors may be exempt.) COOT RE or Designer Date 4. Advertise for bids/open bids. (COOT ...l.... Construction Contracts Unit, Staff Design Branch, when COOT is responsible.) s. Distribute •bid set• of plans and specifications ~ to the person responsible for showing the project. (COOT Printing and Visual Communications Center, Division of Human Resources and Administration when COOT is responsible.) 6 . Review work site and plan details with prospective bidders while project is under advertisement. (COOT Resident Engineer when COOT is responsible.) ** HOTB: Only one responsible party should be selected. If both are selected, a auppleaental agreeaant specifying what task details are the responaibili.ty , of each party shall be attached to the Check List. When COOT is responsible or co-responsible by option, the method of the Local Agency's reimbursement for COOT's costs must be established by an attached Memorandum of Understanding (MOU). CONTRACT ADMINISTRATION CHECK LIST PAGE 3 ** RBSPONSIBLB PARTY LOCAL NO. DBSCRIPTIOH OP TASlt 7. Determine compliance with DBE requirements before the Contract is awarded: a. b. c. Check COOT Form ·#715 -Certificate of Proposed DBE Participation, when the low bidder meets DBE goals. (COOT Business Programs Office, (303)757-9234, Room 287, Division of Human Resources and Administration) Evaluate COOT Form #718 -DBE Good Faith Effort Documentation, and determine if the Contractor has made a good faith effort when the low bidder does not meet DBE goals. (COOT Business Programs Office) Approve/disapprove award of Contract by completing COOT Form #719 -DBE Participation Summary. THIS FORM MUST BE COMPLETED BEFORE THE CONTRACT IS AWARDED. (COOT Business Programs Office) 8. Approve rejection of low bidder. 9. Award Contract (COOT Construction Contracts Unit, Staff Design Branch, when COOT is responsible.) AGBNCY CDOT X X X ..JL ...1- 10. Distribute [number: minimum of six (6)) . . . . ~ "award sets"of plans and specifications to •• COOT Resident Engineer. (Further distribution will then be made to the Region Program Engineer (RPE), COOT Staff Construction & Materials (2 sets), the Region Materials Engineer (RME), and others as required. COOT Printing and Visual Communications Center, Division of Human Resources and Administration when COOT is responsible .) MOTB1 Only one responsible party ahould be •elected. Refe r to page 2 for additional information . CONTRACT ADMINISTRATION CHECK LIST PAGE 4 ** RBSPOWSIBLB PARTY LOCAL NO. DBSCRIPTION OP TASX AGBRCY CD0'1' 11. Issue ~Notice to Proceed• to the Contractor. (COOT Construction Contracts Unit, Staff Design Branch, when COOT is responsible.) 12. Conferences: a. Preconstruction (Request Preconstruction packet of information from Region EEO Administrative Program Specialist prior to the conference. COOT Resident Bngineer when COOT is responsible.) b. Partnering c. Presurvey: (1) Construction staking (2) Monumentation d. Structural concrete prepour e. Concrete pavement prepaving f. HBP prepaving 13. Supervision of construction: •• a . Professional Engineer (PE) registered in Colorado, who will be •in responsible charge of construction supervision•. Local Agency PE or COOT RB/PB If Consultant, company: J•l -"' l -u-., Phone number b. Develop and distribute public notice of planned construction to the media and local residents . NOTB1 Only one responsible party should be .. 1ected. Refer to page 2 for additional inforaation. ) ) ...L. ..L CONTRACT ADMINISTRATION CHECK LIST PAGE 5 ** USPORSIBLB PARTY LOCAL NO. DBSCRIPTION or TASJC AGDCY CDOT C. ** Competent, experienced, staff who will . . . _){_ ensure the Contract work is constructed in accordance with CDOT policies, standards and procedures. ' (Refer to the CDOT Procedural Directives and the following CDOT Operating Manuals for guidance and assistance -CDOT Local Agency Federal Aid Construction Manual, CDOT Construction Manual, CDOT Field Materials Manual, CDOT Sutvey Manual, CDOT Standard Plans, CDOT Erosion Control Manual, CDOT Davis-Bacon Manual, CDOT EEO/Labor Compliance Manual) ( 1) CDOT Form #205 -Sublet Permit Application: (a) Check CDOT Form #713 -Contractor DBE Subcontract, Supply and Service Contract Statement. Sign Form #205 if Form #713 is complete. (CDOT Region EEO Administrative Program Specialist) (b) Check and sign approval of Form #205 . after Form #713 has been checked by the Region EEO Administrative Program Specialist. ( 2) Construction inspection including calculations, measurements, and documentation of interim and final pay quantities. ( 3) Conduct Contractor/Subcontractors reviews to ensure conformance with the Equal Employment Opportunity(EEO) /Affirmative Action(AA)/DBE/OJT requirements contained in the Contract. (Standard Special Provisions, Project Special Provisions and FHWA Form 1273) (CDOT Region EEO Administrative Pr ogram Specialist) L NOTB: Only one responsible party •hould be .. 1ected. Refer to page 2 for additional infor,aation. X X CONTRACT ADMINISTRATION CHECK LIST PAGE 6 ** USPORSIBLB PARTY LOCAL NO. DBSCRIPTION OP TASJt AGDCY CDOT •• ( 4) Notify CDOT Region EEO Administrative ~ Program Specialist and request assistance for all EEO/DBE/OJT/ Davis-Bacon questions or concerns. ( 5) Complete and submit to the CDOT Region ~ EEO Administrative Program Specialist, the required number of CDOT Form #280 - Equal Employment Opportunity and Labor Compliance Verification. ( 6) Monitor DBE participation to ensure compliance with the "Col'llllercially Useful Function" requirements .· J( ( 7) Complete and submit to the CDOT Region ~ EEO Administrative program Specialist, the applicable number COOT Form #200 - OJT Training Questionnaire, when project ut i1 i zes OJTs . ( 8) Check certified payrolls to verify .. Contractor/subcontractors are in compliance with Contract requirements. The checking shall be completed by project personnel trained in payroll checking. (Contact the Region EBO Administrative Program Specialist for training requirements.) X ( 9) Coordinate submittals by Contractor ..x_ and all subcontrac tors of FHWA Form 1391 (Highway Construction Contractor's Annual EEO Report) to the CDOT Region EEO Administrative Program Specialist. The Report is due to the Region EEO Administrative Program Specialist by August 10 for all construction projects Active during the last complete week of July . NOTS: Only one responsible party •hould be •elected. Refer to page 2 for additional information. ** CONTRACT ADMINISTRATION CHECK LIST PAGE 7 ** USPOHSIBLB PARTY DBSCRIPTJ:OH OP TASlt (10) Materials: (a) COOT Form #250 - Materials Documentation Record: ~ AGUCT CDOT I) Fill out and distribute COOT ~ Form #250 before the Contractor conmences work. II) Complete Form #250 after work is completed and distribute per instructions in the COOT Field Materials Manual. (b) Approve changes to typical section .. (c) Development, Checking, and Design mix approvals: I) Concrete ........ II) Hot Bituminous Pavement (HBP). X (d) Acceptance of manufactured products. ~/'A (e), Inspecting fabrication of structural ~ steel and prestressed concrete structural components. (f) Inspecting fabrication of bearing devices. (g) Laboratory Check testing (h) Acceptance testing ... (i) Independent assurance testing . . _!_ (The LA shall us AASHTO accredited laboratories. The IAT lab shall not be the same lab as the acceptance lab. The LA shall develop, COfllllete, and distribute the COOT Form #379 -Project Independent Assurance Sampling Schedule.) JfOTS1 Only one responsible party should be selected . Refer to page 2 for additional info1'11111tion. CONTRACT ADMINISTRATION CHECK LIST PAGE 8 ** RBSPORSIBLK PARTY LOCAL HO. DBSCRIPTIOR OP TASK ACDlfCr •• (11) Approve sources of materials .....L (12) Approve shop drawings ~ (13) Perform Traffic Control Inspections ..L (14) Approve traffic signal equipment J( (15) Construction surveying -L (16) ROW monumentation -1 (17) Prepare, approve and sign vouchers ..lL for interim and final Contractor pay estimates. (CDOT Resident Engineer and Region Finals Engineer if CDOT is responsible.) Provide the name(s) and phone number(s) of The person(&) authorized for this task. )>,1,t ~,c ,dlru" l• l -1 C z -u·• ' LA Administrator Phone Number (18) LAPE Phone Humber Prepare, approve and aign voucher• for interim and final Utility Company billings for utility relocation work. (19) Prepare and authorize Change Ord~ra: i.e. COOT Form #94 -Minor Contract Revision (MCR) and CDOT Form #90 - Contract Modification Order (CMO) (20) Approve Change Orders (MCRs and CMOa) (21) Approve Federal -Aid funding for MCRa/CMOa. i (22) Monitor project financial statu s and. . -X- submit monthly in a format acceptable to the Region, such as CDOT Form 165a - Project Financial Status Report . NOTB: Only one responsible party ahould be selected. Refer t o page 2 for additional i nfo1111Ation. CDOT CONTRACT ADMI.ffISTRATION CHECK LIST PAGE 9 ** RBSPONSIBLB PARTY LOCAL NO. DBSCRIPTION OP T~K 14. (23) Prepare and submit monthly progress reports to the Region Finals Engineer: COOT Form #llOa -Status of Active Construction Projects, and COOT Form #517a -Status of Construction Project Finals. Due by the 1st of each month. (24) Contractor claims/dispute resolution Local Agency must follow COOT procedures unless Section 105.17 of the Standard Specifications is modified by a Project Special Provision. ALL contracts let for bid by the Local Agency shall contain a project lll)tlcial provisi.on removing CDOT from th• resolution proc•••· Make monthly progress and final payments to the Contractor for completed work. (COOT Center for Accounting, Division of Human Resources and Administration when COOT is responsible.) ACDHCY CDOT X 15. Make monthly progress and final payments to. . ~ Utility Companies for completed utility relocation work. (COOT Center for Accounting, Division of Human Resources and Administration when CDOT is responsible.) 16 . Co nduc t routine, random, project reviews . . . . _!_ ** to ensure the project is being administered in accordance with the terms of the construction Contract and the approved project specific agreement between COOT and the local agency. Provide the name and phone respor,'3 ible for this task. )) ~ w 4 I"\ ,le.,. .... Name of LA or COOT RE/PE number of the person l•l -1 Ct -zr• C Phone Number HOTS, Only one responsible party ehould be se lecte d. Refer to page 2 for additional information. CONTRACT ADMINISTRATION CHECK LIST PAGE 10 ** RBSPONSIBLB PARTY LOCAL NO. DESCRIPTION OF TASJt A<DNCY CDOT 17. Joint FHWA/COOT Quality Assurance (QA) Review Teams will conduct select program reviews in accordance with COOT's Stewardship Plan. (CDOT Staff Construction & Materials) 18. Conduct final project inspection, complete and submit COOT Form #1212a -Final Acceptance Report. COOT Resident Engineer with mandatory LA participation. 19. Final project acceptance, write final project acceptance letter and distribute per procedures in the COOT Construction Manual. 20. Advertise for final settlement. (COOT Staff Construction when COOT is responsible.) 21. Prepare and distribute final aas constructed• _.x... plans per procedures in the Construction Manual. Retain original cross sections with final documents. 22. Check final quantities, final plans and the. . . . X final pay estimate. 23. Sign final pay estimate sheets and voucher. ...1._ 24. Check material records. 25. Submit final materials certification. 26 . Obtain CDOT Form #17 -Contractor DBE Payment Certification, from the Contractor and submit to Region Program/Finals Engineer. 27 . Obtain FHWA Form PR 47 (Statement of Materials and Labor Used ... ) from the Contractor, check and submit to Region Program/Finals Engineer. (RBQUIRBD ONLY ON RBS PROJSC"l'S WJ:TB TOTAL PINAL PAYIIBN'l' SXcs.DING $1,000,000.) 28. Complete and submit COOT Form #950 - Project Closure. 29. Retain project records. (For six years f rom date of project closure.-)~ ** NarB: Onl y o ne responsible party should be selected. ..JL ..1L ..JL ..JL ,HWAr1273 Eemonic.......,,. -Mln:ft 10, 11M FHWA Fonn 1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General .................................................................. 1 II . Na11dleak1•111110n ....... ........•..... ...... .. ....... .... ... .. ... .. 1 Ill . Nanlegr9Qllld Fac:illtles .....•.. ..... .. ...... ... ........... .... 3 IV . Payment of Prwclellrmined Minimum Wage........... 3 V. Slallmenll and PaY'Olle ................... .................. ..• 6 VI . R-.1 of---. Supplin, and Labar .............. 6 VII . Sublelllrlg a, AAIQr*IO Ille Connet ...................... 7 VIII . Saf9ly: Aa:iclerll F'!9v9ntlan ........•......•••••.....••..•...• 7 IX. F-. S...._.,. eanc.1*lg Hlgllwy Prajecta.... 7 X. ~ilallan of CINII NI Ad and Feclnl Waler Palulan CCII*°' Ad ................................................... 6 XI . Cerllcalan Reganllng o.tiam..l. Sulpanllan, lnellglbllly, and v__., Elldullan ...................................... a XII . Cer1illc:allan Raga,dng UN of Connet Funds for Lobbying ................................................................................. SI AlTACHMENTS A. E,npklynwll "'*--for Appalac:hlan Cannell (lncluded In AppalacNan ainncla only) L GENERAL 1. n-ClClllhcl pnMliana 11ia1 1PP1Y 1a II work performed an .. cantrac1 by .. canndlll'a awn 111ga;izalkJi1 and wllh Ille Mlilllnca of warura under .. cannclDr's Immediate 114*'•1111,dence and la II work peifa,med an Ille contract by pieaewark, atallan work, a, by IUbcantract. 2. EJICll)I • alhawlle pnMded tar In uc:11 ac:llan, .. cannc:IClr ahll 11-1 In uc:11 IUIICIClllncl .. of .. atlplalla,II contained In ._ Reqi,nd Connet PnMllane, and fllrls ,equire llieir lndullan In any 11MW lar lUbcannc:I or purdae order that may In ""' be male. The Req&nd Cannct Plol,l- alana ... nal be klClll1IClfllld by ....... In ..,. -· The prime cannc:lar ... be ......... tar aan.-nca by ..., awcantradar ot llMW lar IWWi,.ac:b wlll .... Reqi,nd Contract Provlalana. 3. A lnedi af ..., of ........ canlalned In ... Required Contract PrlMllana ... be aulllclenl glQUllda for _af .. cannct. . 4 . A bfuc:h af Ille lalcMlng ~ ol .. Reqi,nd Conlrad PtOVillana may alla be glQUllda for cleblmlenl • pralllcled in 29 CFR !1 .12: Sedlan I, psagrapl, 2: Sedlan IV, pan,graplla 1, 2 , 3, 4, and 7; Sedlan V, pan,graplla 1 and 2a hough 2$1. 5 . Oispullls arising out af the labor a1andanla pnwlalana ol Section IV (ucepl paragraph 5) and Section V af .._ Required Cannct PnMlians lhall nal be aulljec:I la .. gene,al dieplllla dalae of .. -Such clllpla ... be relCIMld In accanlance with .. procecuw of .. U.S. Oepamwnt af Labar (OOL) • aet lartll In 29 CFR !I. 11. llld 7. Dispu1es ......... '-*Ill af .. dalae Include clllpla be'-.. cannc:IClr (Cit any af .. auball•ec:acn> 111d .. contradlng agency, the OOL. a,,. CICII,._....,.... or ... ,._...__ 6. Selec:tlan ol Labar: During the pe,ionnma of Na can- lnlcl, Ille contradar ahll not a . dlsatmlnale against labor from any Clltier Slale, ~. a, llnltay of .. Unllld Stal9a (.-pl for ~· prefe,-:e far Appaladilal'I canhela, --appllclble, • apecffled In Allac:hmenl A), a, b. employ convict labor for any pu,paN wllhin .. llmill af the prajed unleN II IS llbar performed by CCIIWldl who .. an panile, ~,....,or prabellan. I . NONDISCIUMINA110N (Appllceble la II Fednl-ald CIClilmldlan CCIM'KIS and la 11 lelaled NICIClnnCla of $10,000 Cll fflCIN .) 1. 1.-i lmplo,IWII Opporlunlly: Equel ~ appa,1unlty (EEO) niqunmen1a na1 la dleatmlnel9 111d la taca allrmallve ac:llan ID -eqilll apparllnly a aet lartll undlr ..... ..a11Ne anlera, RM,~ 128 CFR 35, 211 CFR 1830 and 41 CFR 80) and anlera of .. SecNtary of Labar• madled by .. pivvlllana IRICflbed "-"'· and lmpaNd pur...i la 23 U.S.C. 140 allll aanllMI .. EEO and apecllc: alllrmalhe ac:llan ---for .. CICII ..... prajed .... undlr .... aannct. The Equel Oppaiu,lty Canlwclan Cannct SpecMclllcll• set lartll unCllr 41 CFR 80-t.3 111d .. pnMliana of .. Amertcen DlllbalN Ad af 1SISIO (42 U.S.C. 12101 II BD,) aet lartll under 21 CFR 35 and 29 CFR 1830 .. IIICIClipolllld by ..,._ In W. cannct. In .. aeaillan of 11111 cannct. .. cannc:mr aar-la aamply """ .. lalcMlng mlnnun apecllc: ............. af EEO: •· The aannca w11 WOik """ .. ._ 111g1-, agency (SHA) and .. F....i GcMlnlnall In _,... out EEO Clllllgllalll and In llieir ...... of.....,_ acthllN under .. aannct. b. The cannclot wll --• "" aperllng pallc:y .. lalcMlng ..-.it: "II IS .. pallc:y al W. Campany ID -llal ......... ' .. ernptowed, and ................. cblnO ~ .......... l9glld ID .. -. ......... -. oatar, nelaNI Clltgln. age or dlllllar· 8udl ac:llan .,.. Include: ..,._... .....-.., llllllc*n. or ~ ~ or -'*'*" .......,_ la,alf or lln'linallan; ralla al pey or alllr bml al w.,.-a111c11~ 111d NIKllotl tar lrlllnlng. lnclu*lg ............... . Pl'NPIII ...... and/ol" ~ ....... . 2. DO CMlolr: The aannca wll ........ and IMM llnllMI ID .. SHA aannc1nO allcaa • IEO Ollca wlla wll haw .. ,apllliellay far and ffllllt ........... of~ admliila ... :119 and ~ • ac:lhe cannclClf program f/1 EEO and who fflUII be ....,_ ....... aullClllly and ,81j1Uiiella) ID do aa . 3. 111111 I illlus: fll P911aJ: M _...,. al .. CICII ........... wlla -....._. ID l*e, ..... PIQIIIDII. and..._........,..., or 1111D --• lldi actlan,crrwlla-• a ... ..._11:lldiecllllll. ... be ............ al .................... ..... IEOllllllar ............ RR ID~m>lli uc:11.,... ... 11 a a flla•puall. To-1111 .. ._ ..,....... ........... .......,_ ..... ...... ....._: IU!QUIUD BY U Cl'll '33.102 - t • • • a. ~ 1Netingl of aupeMSOry and personnel office ~ wll be condudad befol9 ... 11a1t of WOik and 8- not INa often lhan once -v lix manlll, at whldl time ... COM'adof'a EEO pollcy and Ila ~llalan wll be ,....., and uplajned. The ~ .. be canduclld by lwEEOOllar. b. ""-~Ol~olllce~wll be gi_. a IIOnlugll lndcdlnallDn by ... EEO Ollcs, cov.ing al fflljOr aapecta of ... connc:lol'9 EEO obllgaliolll within '*1y days tolowlng .... rwpor1lng tar duly ""' ... contractor. C. /Ill ~ who -e,lglg9d In dnc:l l9alillnlnl tar Ille prqect wll be lnnUclld by ... EEO Ollar In 1w contraclar'I pnad&na tar IDc:atlng and hiring minarlly group ~- d. NollcN and .,...,. Mlllng loltl ... cannca'9 EEO policy wll be placed In -...ay ~ ID~. appllcanla tar lffllllo,manl and pallrlllll ~ a. The connc:lol'9 EEO pollcy and 1w piacadlna ID implement IUdl polcy wll be bnluglll ID ... alllllklfl al ~ by -al IIINlingl, ampqN llaldllolU. Of Olliar apprap-. ....... 4. ~ WIien ~tar~-... a,nndo, .. lnc:tuda In .. -----·tar~ .. notallon: "NI Equal OpporUllly ~-· M IUdl IICMl1iwlalla wa be placed In publcallana halllng • 11111a drallation among mlnOrlly graupa In .. -tram whldl ... project work boa WOUid ,-naly be dlrMd. 8 . The canlnldor ... unlNa pradudad by 8 vald bargaining ___... conduc:t lyalllMllc and dnc:l reauilment ttwaugh publlc and prtWII ampqN ....... -lkely ID yield qualllad mlnarlly graup appllc:arla. To "-' Ihle ............. connctar .. ldalllly -al polantlal mlnarlly group ~ and ........... IUdl ldanllllad -..-.-...... mlnarlly ...., appllcanla may be rwlllff9CI lo ... -tar •• ...,_. oonaidarallon. b . In ... 9*11 1w cannctar ha 8 vald bagalNng ~ providing tar _.... hiring ............ la a,ipadild lo ollNrw 1w pnMllaila al ... ..._.... ID .. mant tllat .. ayatan pamlll lw oanncW9 Olll'llllllia ... EEO cannc1 provlllana. (The OOl. ha 111111 ... .._ !mplemalldal, al IUdl avr-• ._ ..... al claatminallng agaillll "*'«lrw. Of -· Of .._. .. cannctar lo do .. -· IUdl i,...,,alllllal, ...._ Exeal1lw Onlar 112441, a M*ldad.) c. The connc:b .. --. Illa..--~ lo rater minollty group applicMla tar ~ lillannallan and procedlna .... rwga,d lo rwlamg mlnarlly group applk:anta ... be dlacuuad .... anployaa. 5. ...._.... Actlona: W8QN, WOlldng candllona, and employN benaltl ... be Nlallllhad and adl, ..... and pel90nnal actions of ._y type , Inducing hiring. upgrading, prnmotion, trar.atar, damoClon , ta,off. and "'"*-"'· .... be ........ without rwga,d lo ,-, color, Nllglan, ... ....... origin . age Of dlaablllly. The tolowlng pnad&na .... be lollowad: 8 . The contraclor wll conduct palodlc ......... al project .... lo ..... tllat working candllona and ampqN facillllN do nol lndlca• dlla1mnalDly ----al piqacl ... l*l()l'llal. b. The connctar .. paladlcaly .............. al wagea paid .... Ndl cla11llcalon lo .....,.. Mr awlanca of dllalinlnalDry .............. C. The -.. parlOdlcaly --Mladld I*--* aclloill In dapll lo dalamina whatllar ... la ..idanca al dlla:minallon. Whara ...idalCa la lound, ... connctar .. piomply ... c:onactN9 action. If .. ravlaw lncllcalN .. .. dlaa(l •• lllllo/i may axllnd ~ ... aclona ....... IUdl COfi9dlva ac:llon .... lnc:tuda .. llladld ..-. d. The connclOI .. piomply lnVNllgala .. _......,. al alagad dllc:llinlilall mada lo .. connctar In connacllon will Illa obllgallolia under 1111 conhd, wll ....,.,. lo INIIM IUdl ~-and ..... app,oprlale ~ action wllllil 8. wlallla time. If Ila in.I ..... indlcaMa ... Ila dlwli1•11111G1 may IIIICI P1110i11 OIIIS llal Ila 0011_a.._ IUdl OiiiiwctNe action ahal lncluda IUdl OIIIS ..-. Upon oomp1111on a1 ac:11 1n nu a 11, .. connc101 .. lnbm ew,y mi••• al al al Illa -al lP!INI. 8. The -.. --In localna, ~ and incnllllna ..... al mlnarlly gn:11.tP and -employNI, and applcalla tar ampqma,t. b. Conalala,I ... .. Oill......... -" laiw ~and .......... undlr ....... and ... ......... .. -............ -ol ...... piOUiW, La., 4P ilwat4,,, and _... nli*ig piagraM tar .. QIIIOUJ!il$INWI -of ..... pabiWiOI. Whara ........ 21 IIIIWIII al QPW ..... or..._ In Ndl ~ 111111 be In ...... ,-r ol QPWM Pilp Of nlNng. In .. _.. 8 apac:la9 .-,laian tar nli*ig la pi'IMdaP undlr 11111 -*"'cl.• rtr aa,.,i ... be aupawdad • lndlc.-cl In .. apac:la9 fliV'jlllon. C. The_ ...... ~ and appPlcana tar •• -.-11 al ........ nli*ia PftlUiW and _.._ ~-.... d.TheOilllRClar ................... and ......... ,_.... of .-..Ir ... and -employNI and .. -... ....... ...,.. ... -........ and pillildan. 7. UlllaM: If .. aonncb ,.._ In wllClla or In pa1 up1111 unPanla8_al......., .. Oilllbl:D .. _ 9ilalllS ...... ID alllalil .. ca Cf I a11Dti al lUdl ..... ,,_ appcn.nl1al tar llllnalltr 1111111119 P11P -.... ........ aid ID ............ .., ....... of .-..Ir ... ..... ........ AclDlla .., .. OilllbCD ... .__ OI ttwaugh 8 oanndlll'II ---1al, ... a 8$11111 .. lncluda ............. bll...., a. TheOilllRClar .. _ .............. mooopa_ .. ....,_, wlll Ila unlllnl, Jalnl nli*ia p.aglWN ...... ._.. ~ -ffllnailly ... -... -tar " ..... In .. unlllnl and lnGi9aali,a ..... al mlnarlly gn:11.tP...,.. and -IIO lwl lier...,~ tar hlgPw ,,..,a a14IIO,mall. b. TheOilllRClar .. _ ........ lD~ffll EEO dalaa lnlo adi Ulliali ......-a ID .. aid 1w1 IUdl UNOil .. be........, IIDinl ID .... _._. ...... IW$llid lo...,-· catar. lllglon.-. lllllloilllP Oillln, 1811 or .... c. The ....._ la ID alllalil ............ a ID .. ...... ..,.._ ....... al .. llllor Ulllail ........ . .................. 1aw1111n ........ .......... a1 .. 1111or Ulliali lllll lUdl lab~ llillall ...... ID .... .. lnblllaPPllil ID .. aonnc:tar, .. oonacllDr 11111 N ... ID Ila lt4', and 11111 all lolfl liPiat alllllll 9-........ ID allllln lUdl lnblliaPIDft. IU!QUIUD BY ll CR 6.J) IOZ - ,. ' l .. . ' . I • • , . • • • d . In the 81111111 the union la unable to provide the contractor with a real018ble flow ol minority and women referrals within the time 1lmll NI lor1h In the CDlledlll9 balgalnlng agrwnent, .. contrac:D •. lhn:lugh hlepandent ~I allons, M the ampqmenl vacanclal without regard IO race, color, Nllglon, 111X. national origin, age or dlaabllty; making ful allons ID oblall quallllad and/or qualltlabla mlnor1ly group paraooa and women . (T1la DOL ha held that II shall be no UQIM that the union with which the contractor ha a calecllle bargaining ~ pnMdlng lat exclusiYe ,.,.,,.. lallad ID ,.._ mlnor1ly employaas.) In .. _, .. union ,.,.,,.. pradlca ..-its .. cantraclDr flan maatlng the abllgallans iu-a,t ID ElllCUllva Onie, 11248, as amended, and .._ apac:lal provllian8, IUCh contrador shall lmmedlalely notify .. SHA. 8 . laladlon of lubcolllnCIOra, "'--nant of ...... and a.-lng "' l!qulplnanl: The cantraclDr ..... not dllaimlnalll on the gniunds ol race. color, nillglon, -. national origin, • Of dlUbllly In .. Nlac:tlon and rwlanllan ol 1Ubw1bcbs, lnc:ludlng ~ ol rnalallala and INw ol aqulpnwlt. a. The connclDr lhal notify al polallllal IUbw,,.....,. and auppliers ol ~ EEO ollllgallallS under '* connct. b . Olwlvallagad bualrw ...... (DBE). - dalnad In '9 CFR 23, lhal '-equal apparlUnlly ID campala lat and paibm IUbcal*ac:la wllldl .. llllillaCIDr ... lnlD pur-..it ID '* canncl The cannca • 1M 1'111 basl allons ID IGllcll bide flan and ID ulla 08E MIClllillacbs or subconbacbs wlll mwlingM mlnortly group and _... recn-1talo11 among lwlr employaas. ConnClora lhal oblall llsts ol DBE conmic11on Inna flan SHA panonnal. c. The oon1raC1or .. 1M hil bast albta ID - IUbclontrac:D oompllanm wlll 1w1r EEO oblgatlcna. e. .._. and 11apo11a: The cannca shall kNp IUCh l'IICOldl as ~ ID documant oompllanm will .. EEO _.__ Suell l'IICOldl ..... be Nlalnad lor • pa,lod ol .... yeas folkMlng oompllllon ol lw oonncl --and ..... be ....... at_... Ina ... plama lor lnapaclOn by a.lllorlad ..-1a11-al .. SHA and .. FHWA. a . The l'IICOldl kepi by .. cannca shall documanl IWllolowing: (1) The number al mlnortly and IQ\-mlnaltly group n*7lbars and "°"*' anlPkJl,ad In w:11 WIIIII clasalllcallo,, on theprqad; (2) The p,oar-and allDrla being made In cooperation with unions. wlWI appll<;abla, ID ~ ~ cppor1UnltlN la, mlnonllas and-: (3) The ~ and allDrla being made In locallng. hiring, training, qualifytng. and upgrading mlnor1ly and ........ employees: and (4) The progr.a and allDrla being made In NQlllng the MMCN ol DBE IUbw*acbs or IUbwllrac:IDls wlll meaningful minority and ........ ·•-llatlof• among .... employeas. b . The contradon wil libnll ., annual raport ID .. SHA aadl Jlir lat Ila durallon al Ila prqac:I. indlc:allng .. number ol minority, wonw,, and --mlncdy group employaas CIUll9llly a,'IIIQ8d In w:11 WIIIII I T .. I r9qUnd by 1w conncl wmll. TIiis lnbmlllan ts ID be repor1ad on Form FHWA-13111 . II -e. Jab -..no ts being r9qUil9d by apac:lal p,v,,lslan, 1w cannca .. be l9Ql*9d ID called and raport -..no dlla. •. NONRGM~TIO 'M:IUTWI (Appllcable ID al Fedenll-akl oonstrudlon contrac:ta and ID al nilalld IUbcontraCII ol $10,000 or more.) a. By submluion ol 1111a bid, .. U8alllon ol 1111a contract or subcan1racl. or Iha CCIIIIUfflffl8I ol 1111a mallrlal aupply ~ Of purchaN order, -apptqlllalct, .. bidder, Fedaral-ald oonstrucllon canndor, IUbwillac:IDr, mallrlal IUPl)llclf, or wndar, as appnlllltata, _....that .. firm dOM not maintain Of pnMda la, Ila ~ .. y 1811f81181lid faclltlas at a,y of Ila ~-. and that .. firm dCIN not l*fflit Its employaas ID peifarm lwlr NMCas at a,y locallon, under Ila con~. ""'*" 1811f81181lid facllllas .. malnlalnad . The Inn l9NS that • tnact, ol .... -acattcn la a Wllalloll ol .. EEO provllian8 ol Ills canncL The tlnn furlw' ca1ltlas ... no amplopa .. be dantsd -ID adaquala facllllae on .. basts o1-or dlslbllly. b. ,,. UNd In .... -1111catton, .. laim "NQIWllllld facllllas" -anywalllng-. ---,.._,. and wastwamns , ....... and --NlnCI -· lmactodca, todcar -· and --.... Of drwalnO -. parlllng loll, dl1nldng launlalna, l9CIUllon or ••1a1111•• -· lrai,aporllllun, and hauslnO ..... pnMdad tor employaas wllldl .. asgragalad by 8lllllcll dnc:IM, or ... In lacl. asgrwgllsd on .. basts ol race. mor, Nllglon, nallonll origin, • Of dlslbllly, bacalM ol habll. local Qllibn, Of OlhalwlN. The only ......... be lat .. dlRllllid ........... tor ac.cwtllay a.ride (e.Q. clllalllad peddng). c. The llllillaCIDr agr-. that I has Olllllnad or .. oblaill ldsnllclll callcalon flan papmad IUbwillacb'I or ...-.i auppliers p,lor ID ~ al aullaorncll or ~ al fflMSllal Sl,pply _.._ ... al $10,000 or -and that 11 • rwtaill such mr1tllcllo,• In ...... . IV. PAYMINTOFWIEW--WMa (Appl$cllllla ID Ill ,......... ODIIRUCllon oonnclli ...... '2.000 111d ID Ill 191111d lllbcclftnds, --tor llftllatll lDcaMd an....,. .... as local INdl or nnl rnnor CClltsclDls, -'*" .. ..._, ,. GaMral: a. M madWllca 111d llbcnrs ...,.. or .._ upon ...... ol .. --... paid ... -.-..~ 111d nat ... allsn ... -• ---...... UINlll*II daduc*ln or rwball on-,-. laiapt alCIII ...,at: dadldans • .. pa,mi8sd by ...-... C2t CFR 3) ..... by .. 9aa9111y o1 1.a11ar unc1ar 11a Cclpa$alld /Id (40 u.a .c. 2111:11 ..... ---ol .... and bona .. ltnga ..... (Or cash aquMlsnta ..._,, ckla al Ima ol ~ 11w ..,,._i .... be~ al ..... not :.a'*'._ contalnad In ................. ol .. 8aa9llly ol Labar ~ ............. -..,,11111c:111s .......... ... mada • part ..... ......... d ., OllllhClual Nlallonsllip wlilCII nay be lllagscl ID .... ,..._, Ila cannclDr or Ila IUbwillac:IDrli ..i alCIII llbcnrs and maclianlcs. 11w ............... (lndudlng any ........ Clltt ll:f6w• llld waga ... canlannad under....,. 2 al HI Sacllall IV and .. DOL .--(WK-1321) or Fam FHWA-14911) shall be paaad al al.._ 11r .. ClllillaclDr and Ill aibwllll-**• al ..... ol .. --Ill ......... 111d ~ .... --·--~-by ... ...... For .. purpma ol .. Saclan. CllllillllulDM ..... fll .... .__ ~ tar bona .. ltnga ..... under 8aclall 1(11)C2) d 1w Dao• a-c, ltd (40 u.a.c. 27lal an ...,..ol..._or...,... _ _...... .... PlldlD ............................... d 8aclall rv • ....,_a. .... Also. tar 1w ...,_ o1111s Sacllall, ._.. Clllllltllulona IMdl or ODalli 1ncu1911 lar- '-' a .-Ir pa,lod 111111 lllll ,._ allill llM......,....., ... .................. _ .. ....,......, pailod, -daaiNd ID be 11111 .... ..,, ... fll lncul9II IU!QUIUDIY2J CR633.102 - t • • • during such Mekly period. Such labcnra and mechanics shall be paid the appropnate wage rate and fringe benefits on the wage delenninatlon for the claasl!lcatlon of wor1( actually perfam,ed, wl1hout regard IO skill, except as provided In peragraplls 4 and 5 of lhil Sedlon IV. b . l..abof9ls Of rnec:hank:s perfonnw,g wor1( In mont than one clasalfic:ation may be compenaatMI at the rata spec:ffled for each ctassltlcatlon for the lime actually wor1(ed lhefein, provkled, that the employe(s payroll IIICOtda accuralely HI !ooh the time spent In each dessificatlon In which wor1( Is pern,rmed. c . All rulings and lnlerpfetatlorw of the Oevill-8econ Act and related Ilda contained In 29 CFR 1, 3, end 5 .. herein lncaporatad by reference In this contract. 2. Cteulflcatlon: a. The SHA contrac:llng olllcer lhatl 19111*11 tllal eny class of taborenl Of mec:hanlcl ~ under .. connc:t. which Is nol 11111d In .. wage dallmliliellon, .... be c:lassified In ~ with the wage ...... iatlon. b. The contracllng officer lhatl appowe an addlllonal c:lassfflcatlon, wage ..... end fringe beneftta only when .. following atlefta ha'M been met: (1) the wlllll ID be peibmed by .. addlllonal c:lassfflcallon requNted II not peibmed by • c::taNlltallon In the wage cletenNlallon; (2) the addlllonal c:tea111'cat1011 Is uatad In .. - by the construdlon lndullry; (3) the prqlOl4ld wage ...... lnc:ludlng eny bona 1lde fringe benetlls, bean a IN80l\llble retalonlhlp ID the wage rates contained In the wage delannll•tlon; end (4) wlll reaped ID helpan, when IUCh a c:taalflc:allon prevails In .. -In .elldl .. .... la priwmed. C. If .. oanndor Of IMbuJililac::b'a, N IIPPIQIIIIIIII, .. laborers end mec::hank:a (II known) ID be ~ In .. addllional ct111:flcat1011 or lll8ir ..-11a11-. end the contradlng olllca ..,_ on lie c::laNllcatlu:, end wage ,... (lnc:ludlng .. amount dNll,lallld lar fltnga ...... .._ approp,tele), • report of .. acllon lllan .... be lall by .. contradlng ollalr ID the DOl.. Adnw.ilRalDi ol .. Wage end Hour OMaion, ~ S1andanll Adi ....... . WahlnglDn, D.C. 20210. The Waga end Hour AdnlililRallli, or an au1honzad ..-,1a11ve. .,. IIPIJl'IM, modify, or disapprove ~ addllional c:taultlcallon adlon wlllln 30 claye of r9Cl8ipl end so advise .. contracting ollalr Of ... rw:llly the contracting olllcer within the JO.day period .. , addltlonel lme ls.-y. d. In the -I the con-.c:IDr or IWCOl.-.c:IDrs. • appropriate, the iebofW9 or mechanlca ID be~ In the additional dassitlc::atlon Of .. ··-·-· end the c:onlracting olllcer do not agree on the prqlOl4ld deulll clllklit and wage rate (lnc:ludlng the amount dNlgneted lar fringe beneftts , ....... IIPl)fOpllala), the connc::lng ollalr .... .... the QIMSlions, lnc:ludlng the ..... ol al...._.. ...... end the l1IOIJIM*tdlilion ol lie contracting olllls, ID the Waga and Hour Adminlstralor for delMninallon. Said Adnlil ...... cw an authorized rep1-,tat1w,. wll laaue a dola11liliil11M within 30 days ol l9Cllipl end eo .,... the ~ dies or will notify the connc::llng olllcar wlllln the ». peliod liel addllional time Is .-y •. The wage ..... (lnc::ludlng fltnga ..... .._ eppropriale) delem*led pur.-it ID pna,111111 2c or 2111 of Ills Sec:tion IV lhal be peid ID al -"-pe,fam*lg wlllll In the additional clasaiftcatlon from the ftrat day on which wor1( Is J)8fformed In the c:leaaltlcation . 3. PIIYff*!l of Frlnoe lleneftta: a . Whenewr the mlnmum wage rale preeaibed In the contrac:t for • c::tau ol laborerll o, mec:hanlc::a Includes • fringe beneftt wl1k:h Is not expreaed as an hourly rale, the contrador or subcontractors, u app,oprlate, lhatl either pay lie beneftt as stated In the wage determination or lhall pay anoCher bona ftde fringe beneftt o, an houfly case equivalent thefeof. b. If the contradar or aubc::0111Jad1Dr, • eppropriate, doN nol make P8Yff*lla ID a WIIJle or olMf llir1I pe,wal, helllte may consider •• part ot ... WilgN ot eny laborer Of mec::hanlc: the amount ot eny OOlll ,-uibty antlclpalecl In prowling bona 1lde fringe beneflt8 under • plan Of p;-owam, provided, that the Secretary ot Labor has bind, upon ... written ~I of the contraclor, Ila! the appllc:able ltandenls ot the Dallla-8ealn Act haw bean mat The Seaalaly ot Labor may 19111*11 the contraclDr ID Ht aside In a aeparale account asNl8 for the IM8llng ot obllgdone under ... plan Of program. 4. ApprMllcee and Trai-(Proar-of Che U.S. DOI.) andltelpan: •. Apprentlcaa: (1) ApprenlioN wll be pennlllld ID wark al laN than ... predeliNmli.ed rall lar .. wark they peibmed when they .. ~ pur9UMI ID end lndhldully f9lllatlnlcl In a bona Ide app191illc:elhip PIOIPffl reglatlred wllh ... DOI.. ~ ment end Training Admlnlatratlon, 8ulwl ot Apprelillc:elhip end Training. or wllh a Sta1e app191illc:elhip agallCY recognlDd by the au..u. or ti e ~ la ~ In his/ls fllWI 90 claye of probellonary .. ..,,.,_. • an app,9llllce In IUCh an ~ p;-owam, who la not lncNduallJ f9lllatlnlcl In ... p,ogram, bul who ... been «.llad !Ir ... Burau ot Apprelilwalllp and Training or a Slall ...,..wilwalllp agallCY (whw9 ~) ID be ellglble far pidll,llai•y empqmwlt • an app,91111ce. (2) The alowl8llla rallo of ...,..wibl ID ~ employNe on .. iOII • In eny cnft 2 ?calllli, 111811 nol be~ than .. rallo pennlllld ID the canhdllr • ID ....... wmll tan. undlr the f9lllatlnlcl p;-owam. /lllrt emplo,-llalad on e ~ al an app,9llllce -. rale, wllo la not ........ or llllwwlN ...,_ • alllled --· 111811 be paid not 1Ne t1a1 .............. ... 111111 In .. M09 ........... lar the 2 •=••· of wllllt ec::utty pwfom.ed. In ediltlon, eny ~ pe,fam*lg wllllt on .. IOII • In -ot the rallo pennlllld under ... ....., program .... be pa2d nol ... 118n ... apptScabll -... ,... on .. M09 dolan•1111aa. lar the wllllt ec::utty peibmed. wi.. a canhdllr or NICXlllilac:D la pwtomlillg conmdon on a piqac1 In • 2oc::a11y Olla._ 1181 In .elldl .. Pftllll8II\ la ............ ral2oe end wage ..... ,......, In l*CM lqjll ot .. ~ hourlyrall) ...-.i In .. wlililCb'a or NICXlliladon f9lllatlnlcl program ..... be allaerwd. (31 E.-y app,9llllce fflUlt be pa2d at not laN than ... .... ...-.i 1n .......... p,ogram far the app191 .... ...iot....-....-•• ~ot .. journe,mw ...... IIOultr .... apec:lled In .............. dolan.llllaJL Appl¥ ..... 11'81 lie paid fringe 11¥111111 In _... .... ,_......o1 .......... 1 tsp....-,. t1 ......... r: a ali1III .....-.._ na1 IPICIIV falalgl ....._ ............. lie paid .. 1111 aNIUlll fll falalgl 11¥111111 111111 on .. -.. Midwlil.alo.1 IDr .. 8111]111111111 3 ? 1 L ti .. 1\da•Jat k IDr .. Waga end Haur DMllon ........................... lat .. apptScabll .........,. s n a ~ 111ngae 111812 lie paid 1n _.._ ................ L llQUlll£D BY 2J Cf1t 6ll.102 - ' .. .. • • (4) In the event the Bureau of Appf9nllca:lhlp and Training, or a State appnw,Ucleshlp agency l9COglliDd by the Buntau , wllhdrawa approval of an apprenllcelhip program,.,. contractor or subcontractor will no tonger be pennllted ID ulllia apprentices at less than the applcable pl9ClellllmilNld rale for Iha comparable wor1< performed by regular employNa until an acceptable program is app,oved. b . TraiMa: (1) Except• provided in 29 CFR 5.18, lnllrMN will nol be permilled ID work at less than the preclelelmll Mid rate for the wor1< performed unless they .. employed pul'llall ID and indMdually ragislllld in • program which hae rwceived prio,- appn,val, ew1encec1 by formal C111111callon by the DOL, Employment and Training Admlnlslrlllon. (2) The ratio of lraiMN ID ~ employNa on Iha job Ille 111111 nol be giuler 111n Plfflllllld under the plan app,oved by the E~ and Training Adn*limtllon. Ally employee llaled on the payroll II a .._ rale who is nol ragislllld and par1lc:iplling In I nlnlng plan appRMICI by the Employmanl and Training Admlnialrlllon 1h11 be paid nol llu lhan the appllcabla wage Ille on .. W1111 delermlnlllon for .. dlsllllcltlol, "'worll ldullly parlarmed. In lddillon, any lrlinN pe,fomMg wor1< on lie job Ille In ._ of the ratio pennltled under the ragislllld program lhlll be paid no1 less than the appllcabla wage ra11 on .. wage delermlnallon for .. wor1< ldullly parlarmed. (3) Ev.y tralMe must be paid II not llu 111n .. rale specillld In the app,ovect program far 111111a llvll of progrw, upraued • I ..-,taga of the~ ilvll houl1y rale apedfled In 1111 appllcabla WIQI dllii11•.allal• Tral,_ 1h11 be paid fringe benellla In ICCOldlncl wlli .. p,ovisiona of 1111 .... program. If the .... pn)glllTI doll not mention fltnga benella, lraiMN 111111 bl paid .. M amount of fmga benella 11118d on .. wage dllii11•11111cM unlesa 1111 AdninlllmDr of .. Waga and Haur DMliall dellennna 1111 .... is an IIJPIWillcllhlp program lleodlled with 1111 CDfNlpondlng ~ wage ,.. on .. wage clltam*,llllon which PRMdN far .... 111n .. fltnga blnellts for applllillcls, In whlc:h cw IUdl nlrW 111111 111a1M1 1111 -fmga benllta • IPl)lllllkal. (41 In lie .-it 1111 ~ and Training Admlnislrltlon wWidrlM appn,val of • nlnlng pn)glllll, .. connc:a or lUIICDlilrle:lor wll no longlr bl Plfflllllld ID.,_ trailW II llsl 111n .. appllcabll p1dllennl111d ,.. for .. wor1< pe,formld unll "' ICQlplabla pnigram is appn,wld. C. Helpers: Helpers wll be pennilled ID wor1< on I pajlcl If .. helper ctaaiflclllon is specillld and dallnld on .,. appllcable wage delennslatlon or is IPPfOWCI .,...._.. lo lie conloonlnc:a procldurl NI ta,111 In Section IV .2. Ally WOike, listed on • payroll 11 • helper wage rale, who ii not • hllpar under a app,ovect deftnllon. lhall be paid not lea 111n lie applicable wage rale on the wage delennlnallon for the classification of wont actually pe,formld. 5. Apprenllcn and TralMN (ProgrWM of the U.I. DOT): Appflnlklls and ..... working under appraillcllhlp and akll nlnlng programa wllictl hlw bean C*llld by .. Secntary of Tranepo,tallon • PRlfflOllnll EEO Ill QOfflldlon will, Fedlfal.ald ~ aannuc:lon p,agr.w .. lllll Nljed lo .. ~ of l*IIGIIIPh 4 of 1111 Section fl/. The lhlgtil 111111 lioulty wage raa for ....,._ and --under IUdl programa .. bl ......... by .. pa,1lc:ular programa . The ra11o of applllllal and nma ID journeymen llhaA not be giuler than pennitlld by 1111 lenna of the pa,1lc:ular program . e. Wllhlloldlng: The SHA shall upon ill own action or upon Wllllln raquest of an au1IIOflzld ,._iallw of 1111 OOl wllllhmd, or c:auH lo bl wlthhald, lrOln lie canndor or IUIICDl"acb under this contract or any ollllr Fldlral cannc:I wtlll lie - prime contraclDr, or any ollllr Fldlral) 1ul It j contrac:I IUbjed ID Davla-8acon p!9Y8ling wage llqlilamenll whlc:h is held by the -prtma connctllr, • much of 1111 accrued pa~la or advancN • may bl conaldlrwd ~ lo pay laborera and mac:lllnlcll, lnc:ludlng appiamlcll, ...... and helpers, employed by .. canlrlclor or any IUIICDliheb .. ful amount of W11111 niqund by Ill -*9ct. In lie -' of failure lo pay any llbolw or lllldlanlc. lnc:ludlng any apsnntlcl, "'*"9, or hllpar, ~ or working on tie 1111 of 1111 worl<, al or part of 1111 wagea raqund by 1111 -*8c:I. 111 SHA conlnldlng ollclr may, alllr wllllln nallcl lo Ill conlracla, laka lUCII acllon • may bl~ ID -Ill 1U1P8f111u1i of any ""* PIIYff*II, advanm, or g&aWIIII of funda untll auc:11 vlallllolll haw --'· 7. o-tlnll ......... : No contraclDr or lUIICDlilllCIDr -*-*'II far any part of the cannct work whlc:h may 19q1n or lrMlM .. ~ ment of llbolwl, mechlnlc:I, ..,_, or Ill** (lnc:Ullng ipplWlllcll. ...... and lillplra dllatbld In ....,.. 4 and 5 --> 111111 l9qWI al pannll any llbcnr, ffllClailc. ..icflmM, or ~ In any ~ In wllldl 11111111 is ~ on IUdl work, lo worll In -of 40 hDln In IUdl WOl1tWINk UNIII IUCII llbolw, rnachanlc, .-.-. or~ ~ m,.-11111o1, at • ,.. not leM 1111n __ ........ _ hall lln.a 1111,111' 1111k:. ,_ cl P11Y tor al hDln wmllld In -of 40 hDln In IUdl wor1lwNk. a. Vlollllon: Uellaly tor~ Wagaa; ~ Danlligll: In .. -.1 of any vlallllan of .. --NI. In .......... 7 --. .. CXlllhclDr and any • t ........ ..... .,..0, .... lie 111!1e ID .. ..._.......,.. tor~ ..... ...... In ....................... .. lllllllbllllllllD .. ~-(ln .. _ol-.11._ undlr aanncl lar .. Olllllct of Collll*a • 1 llntlllly, ID IUCIII DIRtcl or ID IUCIII llnllaly) lar llquldalld ........ ludl llquldalldcllmlglllllllllbl ................. lDaac:11 lndlvldull llbcnr ........ ----.,,, ..... ---In *-llallof ............... ln ..... 7,ln .. _lllf 110 lar aac:11 CIIIIIIClllf day on lllllldl IUCIII .....,_ - raqund or pannllld ID ..ti In -cl ......... ..ti WIik cl 40 11111n .... PIIVff*II of .. -""' wagaa niqundby ..................... 7. 9 . Wllllhalclll. far Unpaid ..... Md ~ IIMIIQII: The SHA 1111111 upon 111-.-.oruponWIMlll .....-lllf any llllholtad •IPI-.... of Ila D0L ....... or-ID be wllihlld. nm ..,, mon111 pa,-. on _... "' ..ti pe,formld by .. oonnca or NIOlll*wlDr undlr "" IUdl connct or any Clllar F.-.. aanncl .... -...... -*wlDr, or..,, Clllar ..... .., I I f aanncl llllitllll ID .. Connel WGlk Htlull -..._ ..... Ad. wllldl ii lilld by .. -...... cianndllr. IUCIII -• .... lie dlllmllnld ID Ill -, ID ~ atr ....... 1111 IUCIII oannc111r or u *-*' lar ...-i ..... • ........ c11m1g11 a piNllld In .. --NI 1111111 In .......... II IINMt. V. ITAftMINTS MD l'AYIIOLU IIEQUIIIED IY 13 en 6JJ.102 - .:,,, , ,• .. t • • -' (Applicable ID aN Federal-aid oonstruellon oonlradl exceeeling $2,000 and IO II related aubconlradl, except for p,ojeda located on roadwaya daultled n local roads or nnl colleclorl, which .. eicempt.) 1. Compliance with Copeland Ragulatl-(21 CFR 3): The a,ntractor 1h11 comply with the Copeland Regulalionl of the Sea.iary of Labor which .. herein Incorporated by relefence. 2. Payrolls and Payroll RK«da: •. Payrolls and balk: reCOlds relaling thantlD shall be maintained by the conlnlc:IDr and uch IUbc:onlnlc:IOr durtng the COUl94I of the work and prnawd for a period of 3 yea,s from the dal8 of oomp1e11on of the contract for all laborela, mechank:a, apprentices, ....._, watdwnen, ~. and guards working at the 1118 of the work. b . The payroll remda 1h11 contain the -· aoclal HCUrity number, and addrNa of uch IUCh ernployN; hie Of her c:onect claaillc:atlon; houlty ,. ... of WIIQ8I paid (Including rates of oontr1butlons or COila antlclpetlld for bona tide fringe beneflta Of C8III equivalant hllWof .. typea dNcr1bed in Sec:tlon 1 (b)(21(8) of the 0... Bacon Ad); dally and waakly number of holn worked; deduc:tlone made; and actual W11Q81 paid . In addition, for Appalac::hlan cannc:11, the payroll NCClldl 1h11 contain • nolatlon Indicating whalller the emptoyN does, Of does not, nonnlly .... in .. labor -.. clellned in Attachment A. paragraph 1. W'*-lhe Secnta,y of Labor, pursuant IO Sadlon IV, paragraph 311, hN bllld that .. wages of any lllbcnr Of ~ include .. amount of any costs reaonabty anldpallld in pnMdlng benefits under • plan or program delatbed in Sadlon 1(bl(21(8) of the o.• Bacon Ad, the connclOr and eadl 1ubc:onllactor 1h11 malnlaln recofds which lhow that the con•t•1mant IO provlda IUCh benefita la enloralablll, that the plan or program la tlnanclally ,-ponslble, that .. plan Of program ha baan c:ommunk:alld in WIiiing IO .. laborara or mac:hanlc:a ltllaclld, and lhow .. cost antlcipallld Of .. actual coal incunad In pnwlding benaftts. Cannctrn 011ubc:onnctrn ~ appranllCN Of lraiMN under appv,,ad ....-.... mainlaln Wllllln evidance of .. l9Qlalrallon of IIPPf8llllma and ..... and ratios and wage 111111 p!9latbad in .. applcable ~- c. Each oontraclOr and 1Ubco11tracl0r 1h11 fumial\, eadl Mek in which any a,ntract WOik la pe,tarmed, IO .. SHA l'IISidant engk.w • payroll of WllgM paid aadl of .. a,nployNa (indudlng IIPIJl8IIIICN, ........ and halpara, dasatbad in Sadlon IV, paragraphl 4 and 5, and~ and QUM1s 81,gagad on work durtng .. ~ waakly payroll parlod). The payroll lUbmllllld 1h11 NI out acanllly and complelely all of Ille infonnatlon requlrad IO be malnlalnad undar paragraph 2b of thll Sadlon V. Thia inlomldon may be submitted in any form dallrad. Opllonal Form WH-347 la avaitabla for 1h11 puriaa and may be purdlalad from .. Suparintandent of Ooalmenta (Faderal stocll number Q29.005.. 0014-1 ), U.S . ~t Pnnling Office , Wahington, O.C. 20402. The prime contractor la raepolllible for the IUbmiaelan of copies of payrolls by .. IUbconndara. d . Each payroll IUbmitlld 1h11 ba aa:ompanlad by a ·statanl8nt of Compllanca." llgnad by .. aw11rac1Dr or suboontraclOr or hlallw agent MIO paya or eupan,laaa .. payment of the paraonl employad under .. c:ontract and .... cel1ily .. folowlng: (1) tllat .. payroll tar the payroll par1od contalna lhe information requlrad IO ba malnlalnad undlr Plf8CIIIIPII 2b cl this Sadlon V and lhel IUdl inbmallon la c:on9d and complata; (2) 1181 IUCh labalar a, madlanlc (klduding eadl hllpar, app,anllc:.e, and ..._, employad on .. aannct (J durtng .. payroll par1od ha bean paid Ille ful weakly WIIQ8I aanad, without rabllla, allhar dndly or lndndly, and that no dadudlona ha"8 been mac1a allher dndly or lndndly flom Ille Y WIIQ8I ...-ned, Cllhar then parmillibla dadudlona n 181 for1h in the Ragulalklnl, 29 CFR 3 ; (3) !hat aadl lllbcnr or~ hN bean paid not -tllat .. applc:able wage ,... and fringe benalltl Of c:nh equivalent for .. c:laaalllcallon cl worked l)llformad, .. ll)8Clfted in .. appllcabla waga dallrmnallon incorporated Into the contracl •. The waakly IUbmlulorl cl • pniperly all8CUlad -1lftcatlon 181 for1h on .. -tide cl Opllonal Form WH- 347 11111111 satllfy t,e requnmant for IUbmlNian cl .. "S~ cl C'..ornpllancl9° requlrad by paragraph 2d of 1h11 Sactlon V. I. The lalaltlcallon of any of .. abcM C8l1lllcallorw may lllbjacl the conlraclOr IO c:MI or c:rtmlnal PfQNClltlon under 18 u.s.c. 1001 and 31 u.s.c. 231 . g. The conlraclOr or aubc:utbactor 1h11 ma1ce .. rac:onll requlrad under paragraph 211 cl 1h11 Saclon V IMlllblll for inlpacllon, copying, Of lla.aatptlon by aullClllmd ,..,._ ... _ of Illa SHA. t,e FHWA. or .. D0L. and 1h11 pennlt IUdl ,.-,11a11-IO inllMaw ....,_ durtng WOllcinQ haura on .. jab. N .. cannc:mr or NICDltbaclOr fall ID IUblnll tl,e ,aquncl r9tOldl ot lO malce Ian avalllbla, .. SHA, .. FHWA. .. D0L. or II may, 111111' Wllllln nollc:a IO lie connclOr, aponaor, appllcanl. or -. tau IUCh acllollS n may ba ~ IO -.. 8U1P1111i011 of any lurtllr PIIYff*II, advanca, Of a-w-. cl lundl. F""'*1nora, fllilllra IO IUbmlt .. requlrad r9tOldl upon request a, IO maka IUCh remda awllabla may ba grounds lar ~ acllon ~ 10 29CFR 5.12. YI. ReCORD OF MATERIALS, IUPPUU, NfO LAIIOR . 1. On II fadaral.ald c:onhcla on .. Nllllanal ~ Syallm, acapt '-llilNdl prowlda llllaly far .. 1na111at1on cl pmlaCllla devlCN at rallmd .... ,,...... ._ ""*" .. conlllUclad on • bll8 ~ or -.a 11tiar bnll, 11W1WY baaut11a11an c:onhcla, and C111111am far ""*" .. IDlll lnll COIIAIICllan coat for ......, and lllldga. -.... $1,000,000 C23 CFR 835) .. c:onnca 1h11: .. Bacoma ....... wtlll ..... "' apacllc ffllllllalll and 811PP1N c:onlalnad In Fann FHWA-47, "Slllafflalt cl M111r1a1a and Labar Ulad by Connc:a cl ~ ConaN:lorl lnvoMng fadaral funds," prlDr ID .. CDIIWII·-~ cl WOik undlr .... conncl b. Mania,, • ~of .. lDIII coal cl .. ffllllllalll and IIUpplln pura,aaad for and inc:olpotalad in .. wa.11, and alllO cl .. qua;llllaa "'._ apacllc ,........ and 8IIPPIN llltad on Fonn FHWA-47, and In .. unMa ._ on fOlm FHWA-47 . c. Fumlati, upon .. c:omplatlon cl .. cannd, IO lhe SHA Neldant engk.w on Form FHWA-47 IDgals wt111 .. data requlrad In paragraph 1b iWlllla IO ffllllllalll and IIUpplln, • llnal labor aummary cl .. oonnc:I WOl1l indlcallng .. lalal holn -.lead and tl,e lDIII arnaunl eaned. 2. M .. prtma COttbac:u'a apllon, alllar a lingla iwpo;1 ~ 11 aannct-ic « ....,...1apar11 for .. connca and lor aacfl UICDllhc:l lhll ba ........... W. ~ Oii AI-TMcanucT lltllQUIIEDBY 13 CR6ll.102 - ' • • - subcontract and lhe amount ol any such apec:lally items per· formed may be deducted from lhe IOlal original connc:t price before computing lhe amount ol work raqund lo be performed by lhe contractor's own o,ganizallon (23 CFR 835). a. "Its own organization" lhall be oonatrued lo include only work8f9 employed and paid dil9ctly by lhe prime contractor and equipment owned or 1111118d by lhe prime contractor, with or without operators. Suell '8ml does not include em~ or equipment of a subcontractar, 891ignN, or agent of the prime contractor. b. "Specialty Items" lhall be construed to be Hmillld lo work that requir9I highly epedaliad knowledge, abllltles. or equipment not ordlnariiy available in the type of contracting organizations quallfted and expected lo bid on the contract u • whole and in general .. lo be llmillld lo minor components of the overall c:onnct. 2. The c:onnct amount upon which lhe ~ta NI for1h in pa,agraph 1 of Sec:llon VII II cornputad indudN lie a»t of malilrtal and manufa«*nd producta which .. lo be purdlaled or produced by the contractor under lhe conlracl provisions. 3. The contraclor 1111111 furnish (a) • compellnt super'•lllndent or IUl)9MIOI' who ii employed by lie Inn, ha ful autllortty lo diect performance of h work in accordance with the contrac:t raqunmanta, and II in charge of al connuctlon operatlonl ,,.,..... of who Plffonna .. WOik) and (b) IUCh oiler of Ila own organlDllonal - (supeMlion, rnanage,,-1, and ~ a.vlca) ..... SHA contracting olllcs dellnninN II ~ to 8111ft b performance of b contract. 4 . No portion of h contrac:t 1111111 be sublet. INlgrled or olhelwile dilpoaed of ucapl with the wrillan ---of ... SHA contracting oflar, or authorlzad ,._ ....... and IUCh ~· when giV9II 111111 not be -"* lo ...... 1w cmtrac:IDr of any ...... ..._ far .. .... al .. conlract. Wiltlen cor-,t .a be giV9II onlr allar 1w SHA ha .-eel that each 1Ubconnct ii evidenced in wr11no and 11111 It conlains .. pe,tinlnl pnMliorw and .......... of .. prime conhcl VII. SAFETY: ACCIDENT PREVENTION 1. in b performance al 1w conncl lie _...,, 111111 comply with .. applic:able ....... Slala, and local .... ll(N9rlllnl! ur.ty, hNIII, and .......ion (23 CFR 835). The contractor 111111 p,ovtde al ulaguarda. MIity de*-and prolilC:llve equipna,t and take any alls ilNdad aclana u II detenninel, or u lie SHA contrac:llng olllcs may clalannlne. lo be iNSOil8bly ~ lo p,otect ..... and hNIII ol employees on lie jab and 1w MIity of lie pubic and lo p,otect p,operly in connecllon will ... performance ol lw work ~bylhecontrac:t. 2. II ii a condition ol Ilia connct. and 111111 be made a condition of ucll subc:onnct, which ... connclor ... inlo punuant lo this conlract. that 1w connclor and any suba>ntractor shall not pe,mil any empoyee, in performance ol lhe contract, to work in ~ a, under condlllonl which .. unsanltaty, hannloua a, dangl,oul to~ healll or safety, u dellnnnd under COIIUldDn MIity and healll standanla (29 CFR 1929) p,omulgalad by 1w Secnlary al Labor, In accon1ance with SeClian 107 al ... Canncl Wortl Houts and Safety Standaidl Ad (40 u.s.c. 3»). 3 . P\1,--,i lo 2ll CFR 1828,3. ii II a aandlan al 1w connc:t 1111 .,. Secntary al ullar ar ......_. raiw-tallloe lleNol, 1111111 '-rlgN al a*'f ID any ... al c:onnct performance ID inlpecl a, ~ 1w ...-, al compllance with ... conmdan MIity and 1111111 ....... and to carry oul ... dullN ol lie Secnlary under Sec:11!'11 107 of lhe Contract Work Hain and Safety Standards Ad (40 u.s.c. 333). IX . FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to USU11 high qualty and durable c:onstructlon in confolmity with appRMd plane and apecl1lcda, .. and • high degree ol 19Nab1111y on ....,_. and ~Ilona made b)! ~. contractonl, auppllera, and workerl on Fedenll- ald highway projedl, " ii ~ that .. pel90IIS .COIICMl'Nld with lhe project perform their functions .. anfully. IIM:JrouGtlly, and honu1ly u pouibll. WIifui lalllllcallon, dlllal1ton, or miliep,NMlltlon with l9lplCI lo any fllCls 181811d to ... praject ii a violation ol Fednl law. To ~ any mill.llderltaidng regarding .. ..tcMnua al ._ and linlllar acta, h flllowlng nolce 111111 i. poalld on each Feder»ald higliny project (23 CFR 835) in -a, men places wl*9 " ii iUdily avalable to .. pel90IIS COIICMl'Nld with .. p,oject: NOTICE TO ALL PERSONNEL ENGAGED ON FmEIIAL• /il/J HIGHWAY PRO.ll!CTS 18 u.s.c. 1020 INda u fallowl : w.o.-. being .,, offlcer, aglfll, or.,,..,,... ol lhe IJnlled State•. a, ol any State or Tlfflb)I, or wfloftw. ..,,.,,._ a ,__., auoclallon. 4ml, orcarpcnflon, knollqlly _,_ any ,.,_ .,.._.,, t... ,....,,...,, or falu ,.,..r u ID lie dlaladw, ,iually, quailly, or mat ol ,,,. ,,_.,,. ueed or ID lie .,..c,, or Ille qw,iMy or quaWy o/ Ille -" ,-fotmed or lo lie pedotmed, or Ille COIi ,,,._,, ti CDllll9clbt .., lie umlNlon ol,.,,., ffllPI, .............. COllhctl. or_.. al conallucfbl on any /lltll-,, or....,, ptfl/ed IUllmllad b' -,,,,,owl ID Ille s.a.ta,y ol Tia,epcwlalb.; or Wlloeww knollqll)o ,,... any ,.,.. ........ ,.,.. ..,,,...,.._,, ..... ,..,, or.,_ dlllll .. ,..,_, ID lie dlllacllt; ,iually, quailly, or coat al any -,.. ,-fotmed or ID lie ,,..,._,, or ,....,. *"'*'-' or ID lie un1111e4 ti cannecllon .., lie Olllllfndan al any /llgl-.y or ,.,._, Pfflled -,,,,,oved,,,.,,. s.a.ta,yal n...,.llllb.; or Wlloeww knollqll)o ,,.... any ,.,.. ....... or ,.,.. ,........ .. 111,...,_,.,.,any ........ ---. or ,wpo,t aullmllN ~ ID p,IMllanl al lie ,,..,.,._ Rmdl Ad -,,,,,oved July 1, 1911, (39 Slat •• 11 -'*" _,.....,... s,,., lie fined na1.-lllal 110.000 or.,..,,...., 11111- ,,_ 5,... or llolll. • X. •l'LEmNTAllON o, CUM Nlt N:r AND 1'm1M. WATa POUU110N COlffllOL N:r (AclPllc:II* ID al Feclarll-ald OIIIIRUCllon aonhda and ID al Nlalad NIClOi*-dl al 1100.000 ar men.) By IUllmmlon al Na bid ar 1w -*" al 1w -*Kl. ar IUbcanhct. .. applllllllala. ... blddlr, .......... COIIAIICllan CIIMldar, or ....... -... u ~ . .a i.clumed ID .......... ~ 1. Thal any llcaly ... 11 a, .. be ..... In .. pats1•a al Na -*Kt. ..._ 1111111 _... II --...., .. caun ,. /id. • _.... cu u.a.c. 1111 • .... • Maldld II, Pub.L .,_..).and ....... ,.._. W., PlllulDn CG11R1 Aa. • _.... CS1 U.S.C. 1211 ..... • ..... .,, "'*-Lo ........... a. 11131. ... .............. ~.... ... ........ Cl'll 11)111111 ...... on III dllll o1 aN8l:I ...i. • .. u.a. l.wtu 01111 PuaaallDul..,.,,, CIPA) LIii GI ....... ....._....-• 40 CPI' 1UO. UQUlll!O IY JJ CR W IC - ' . ·lot ' ., .. . , . • • , ·, 2. That lie tlnn agrNS to comply and remain In compliance with al Ille requinlmenta of Sedlon 114 of lie Clean I.JI Act and Sedlon 308 of the Federal Waler Polu1lon Contn:JI Act and all regulations and guidelines Hated thereunder. 3. That the llnn shall promptly nollfy the SHA of Ille receipt of any communication flOm the Oinlclor, Ofllce of Federal Activities, EPA, indicating that a fac:illty that la or will be utlllzed tor the contract la under c:onekleratlon lo be bled Ol'I lhe EPA Ust of Violating Facilities. 4. That the flnn agrMS to include or cause to be Included lhe requinlmer,ta of paragraph 1 through 4 of this Sedlon X In every 1101'18xempl subcontract. and fur1her agrNS lo take such action aa lhe gowmment may diAlcl u a ~ of enforcing such requiremel'lts. XI. CERTIFICATION REGARDING 0£8AIUIENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. lnatructlor. for Certlflcatlon • Primary C-.cl Transadlons: (Applicable to al Federal-aid contrada • 49 CFR 29) a. By lignklg and IUbmltllng t11i1 p,opcul, lie p,ospedlw prtmay par1k:lpant is providing Ille cer1111c:allan 181 out below. b . The inabil1y of • peqon lo provide .. C8111tk:alon 181 out below wll not ,-artly !null In denial of pa,tidpatlon In .. covered lransadlon. The proepece,,e par1ldpant ..... 9llbmll .,, uplanatlon of '#tr/ ii cannot provtde fie cer1lllcatlon 181 out below. The c.1lllc:atlon or uplanatlon wll be conalclef9d In cannectlon will lie depamlalt or agency's de"'"*'8tlon wllelller lo .,. lnlo Ilia IIWIAdlon. ~. fallln of .. proepece,,e prtmay perlclpn lo lumish a C*1lllcallon or an eiiplanaliall 11181 cllaquallfy IUCII a peraOl'I flan pa,1lclpaloi1 in Ilia lransadlon. c. The ~ In Ilia dal-. la a mallrlal repl-ilaliOII of fact upon 1Mlldi Nllance W placad ~ Ille depam,e,.t or agency delarrnNd lo .., 1nm W. lransadlon. If II la INr detllnnlned 1181 lie proapec:IM prtmay parllclpanl lcnowlngly l9llder9d • .,, - -1illcallan, In addition lo olw ....... availabla lo .. Federal c.o-nmem, Ille depamlent or agency may lllmlnala lhis tr8llll8dion tor -of default. d . The proepeclw prtmay partldpant .... .,..,... immediate wrttlan nollce' lo lie depamln or agency lo whom lhis propi)Sal la 9llbmllllld II -, time lie pniapec:IM prtmay pa,tidpant leama that Ila car1ltlcatlon --~ submitllld or has NOorne -by ._, of changed circumstances . e . The .,,,,. "CIMINd lransadlon," "debarr9d." "su-,ded." "Ineligible." io--lier CIMll9d lransadlon." "participant," "penoo," "prtmay covered lransadlon." "prilldpal," "propoul." and "volunlartly excluded." -laed In lhis clause. have the _,.. 181 out In Ille Deanltlons and Colletage sedlons ol ... ~.Illig Ell8CUllw Oldlr 12549. You may contact lie depamlent or agency lo wllidl this propoul la IUbmilllld tor aal8lanoe In oblalr*'O • oopy of those regulations. f . The p,oepedi¥8 prtmay par1lcipant ..,.. by IUbmltllng .... propoeal .... lhould .. pnJpONd -- lransadlon be enlnd lnlo, II 11181 not lcnowlngly ...., IMI-, ic-lier CIMll9d lransadlon 1111111 a peqon wllO la ...... suspended, dedar9d lnellglble . or valunlally .-..i flan pa,tidpallan In Ilia covered lransadlon, ..... aullonnd by lhe depamlenl or agency~ inlD 11111 nnudlon. g . The l)K)ll)IICIN9 primary pa,11dpant further agrea by IIUbmllling tllil propoeal thal II will include the dalae lltled °Cef1llk:atlon Ragardlng Debarment, Suspenaian, lnellgiblllty and VOU'llary Exduslan-loMr Tier Covenld T,-actlon," provtded by fie ......,_t or agency enllltrlg lnlo 11111 --tranaadion, without modification. In .. ic-lier --~ and In .. IOlic:ltdons tor ic-lier --nuc:llorw. h. A partlc:lpant In a CIMll9d lransadlon may raly upon a Olll1ltk:allon of a p,oepecli';e par11cipanl In a ic-lier COWll9d lransadlon that la not debaned, IU8l)ended, lneliglble, or '«llunlaltly Ududed flOm lhe cowred lrarllactlon, ..... ii le,-that Ille -1lllcallan la -· A participant may decide .. melhod and hquency by 1Mlldi ii delermklN .. ellglblllly of Ila prtndpala. Each perlclpn may, but la not raqund ID, c:hec:k lie nonpn)CUWIIIIII porlon of lie "1.1111 of ,..... Excluded From Federal Procuwnwlt or Nonp,oanmenl Plograml" (Nonproanmanl I.Jat) 1Mlldi la oomplled by lie General SeMcN Adml111Aallon. I. Nol*'II contained In lie flngolng 11181 be OOllllnlad ID f9CIIR Nlabllllw1•.t of a ayallln of -* In onler ID !Wider In good fall! .. C9f1lllcallon raquncl by .. -... The knowledga and Information of perlclpn la no1 raqunct ID DCNd 1181 wllidl la normally .--eel by a prudenl peqon In .. ordinary -of bullr.u dealings. J. EJIOIIII for nnucllona aullorizlad under ....... f ol ._ lillwclona, II a parlclpanl in a -.i ~ kncMingly....,. inlD a ic-ler -.i nnucllon wlll a peqon who la IUll*ldad. Cllben9d, inlllglbll, or va1un1a11y a:luded flan per1lclpallon In Illa lranlacllon, In adlllon ID olw ......_ 8Yllable ID 1119 Federal ~ii. Ille depamln or agency may lalminlila Ilia nnucllon for - ordelallll 1. The~ prtmay perlcipall--ID lie belt of 111 lallMlldga and bellf, ... 11 ... Ill pitncfplll: •. lift not..--.................. piopoNd for cllbalMnl, ............... 0, ~ ....... flam --........ hr air Federal ......... 0, aoenc:r: b . Haw ncil .._ a 3-,-PIIIOd ........ 1111 propoul been CIDIMl:llld of o, had a CINI ....._.. ....... aglirllt llleffl for OOIIWlliilbi of flaud 0, 8 crlnnll ofllla In oonnec:llon wlll ablali*'8, ....... ID cillllln, o, ......... a pubic (Fedalal ..... 0, looll) ......... 0, oonncl under • pubic ftNICtlan; ...... of ....... 0, .... .... ...... or OOIIWlliilbi of .......,,.ii, .... bglry, bribery, ........ 0, ClaRuc::lon of --...... ..... ..........,or...ingllOlln~ c. lift not ..-ay indldld for or olllerwlN Clllilinlly or c:Mly dlaQld by a IIIMIM*..i .._ ~ SIiia ar IOcal) 111111 OCIIWiliilbl of-, of .. oflillw wlilld In paragraph 1b of W. callcalan: and cl. HI.,. ncil .._ a 3-,-PIIIOd ........ Illa applclllon/plQp had -o, -pu111c •• a • (fedlrll. SIiia arlooll)...-.-. tor-o,dlllull. 'w... ..... ,,12,......, ............... ID oatfy ID air d ......... In 1111 wS ., aldl PftlllllCIM ......... ...,_ Ill J alD:1 ID 1111 propoul. ltEQUIUD BY Jl Cfll 6ll .102 - ' ,• • • • 2. lnatructi-for Certification • Lower Tier CciveNd Transacti-: (Aj)pltcable ID al 1Ubcon1racta , pun:haM orders and Olher lower tier transacllona of $25,000 or more· 49 CFR 29) a . By lignlng and IUbmll1lng thls proposal, the prospective kJMr lier la providing the cenlflcallan set out below. b . The C811111callan In thls clause la a malllltal repreuntallon of fact upon whk:11 ...._ -placed when thla tranuc;tlan -... 1en1c1 Into. If " la later dlllelmlned lhat the prOljl9Clllle kJMr lier parlldpant knowingly r9nder9d ... erroneous -1lllcatlon, In lddl1lon lo Olher rwmedlN awllable lo the Federal GcMmment, the dllpar1men~ or agency with which lhla nuc:llorl arlglna!lld may pur.-awllable remedlel, lncludlng IIUljlellllon Md/or debarmenl C. The p,oapec:the ..... par1ldpant lllall provide lmmedillll wrilllln notice lo 118 person ID which 1h11 proposal la aubmltled If al ... time .. pniepectMI '°"'9r ... pa,tclpanl INma flat Ill calllcallon --by -of changad c:iralmllanc:N. d . The tamw ·--~.-"dllbared," "suapenclecl," "lnellglllle," "prmary ----.ctian," "paltidpant,. ~.-"pnndpal," "propoul," and "wlunlarlly ududed," -uaed In Ilia c:i..e. have .. ~ ... out In the Oellnltlons and Coverage NCllona of ruin lmplemenllng Exeaithe Order 12549. You may contacl the peraon lo which llliS propoul .. IUbmfflall for alSistance In obtaining • copy of lhoH regulatkln8. •. The p,oapec:the .. ... participant agrWN by submiltlng 1111 propoul lhal, IIIOUkl the p,opoud ClClll9r9d nnucllon be ....... lnlD. It 1111811 not knowingly --Into anr '°"'9r ler ClClll9r9d nnuc:lan wlll a .,._.. wllO II cleban9d, IUll)efldecl, dlc:larad lnllQlllle, or Wlluntarly edudecl flam pa,11cipalion In .. --nnuc:lan, unleu aulla/tncl by 11119 dllpar1ment or agancy will which 1w nnuc:lan ariginalld. f. The~ ..... perldpant lurller agrWN by submitting this propoul ... It .. tnc:lucle .. --... "Certflcallon Reganlng Deberment. Suapenelan, lnallglbaly and Voluntary ~ T1ar eo-.d Tranuclllln," without modiflcallan, In .. '°"'9r ... --~ and In .. aollcilatlona tor '°"'9r tier --•• IACllal .. g . A partidpanl In a ClClll9r9d ~ may r'9ly upon a certfflcallon of • ~ participant In ...... -- transaction that ls not dllbared, IUll)efldecl, lnellglbte, or voluntarily excluded fr om the c:,oo,wed --.ctlon, unllee It knows that the cer1Hk:allon II .,,_._ A paldpll,I may decide the method and hql,enc:y by which " ClellnNl,a .. eligibility of its prlncipals. Eadl perlc:ipanl may. but la not required ID, check the~ Llal h. Nothtng oonlalned In .. trngoirlg lhal be COIIRU8d ID '9qUl,e -~ al a 9yallm al _.. In order lo --In good lalll ... ca1lllc:allan rwqund by ...... The knowledge and lnfalmallan al par1lc:lpant II not NqUil9d lo exceed flat wNc:11 la ramaly paaeuecl by • prudent .,._.. In ... ordinary courN al~ clNlnga. I. Except tor nnudlane aullarll9d under png,apll e al --lnHuclane, ......... In. --~ k,-,gly -Into ...... --"--*" .... per-, wllO la 11111)81111ed. cllllen'ad. lnllQlllle , or ~ ucluded from pa1lc:lpallan In NI .-...c:lon. In adrllall lo Olher l9ffledlea awilalll9 ID the ,___ ~ the depar1ment or agency with wl1k:h 1h11 tranaac:Uon origlnatad may ~ available remedies, Including IUeperllion and/or ~I. Cartlflcallon Ragardlng Debarment. Suepenelon, lnellglblllly and Voluntary Exel~ Tier C-.cl Tranuc:tlona: 1. The pn>speclMt lcJw9r lier participant cartfles, by IUbmlnlon of lhla propout , lhat neither It nor Its princ!pels la sw-llY dllbamld, auapended, prQPOHd tor debarmen~ declared lnellglble, or voluntarily excluded from par11dpallon In lhla tranuctlon by anr Federal department or agency. 2. Whenl Ille pn)lpllcli¥I '°"'9r lier parlldpant la unable lo cartlfy ID any of lhe a~ In lhla C*11tk:allan, auc:11 p,oapeclve participant ahal llllach an uplanallon lo thle pn,poaal. XI. CU1IFICA110N REGARDING UIE OF CONTIIACT FUNDS OR L08IIYING (Applcable lo .. Federal-aid conatrucllan CDllracla and lo al l'9lalad auba1n1rac1a whk:11 umed $100,000. 49 CFR 20) 1. The p,oapec:the participant --· by alQr*'II and IUbmllllng NI bid or propoul, to lie beet of hll or her knowteclga and belief, that a . No Federal appnipnalld funda have bean peld or wll be paid, by or an behalf of the unclllalgned, lo anr peraon for lnlluMdng or atllmpllng lo lnlltaQ an olllcer or~ al anr Feclefal agancy, a Mambar al c:anai-. an olllcer or lfflplOwlN al c:anai-. or an ~ al • Mambar of cai.-In -.iaclan ..... -.111,g of ......... canncl, .. nadrlg of ... federal ....... nadrlg of any ,..... laal, .. ...ing "*'of ... Ollllpnhe ~ and the ....ion. ......,,., .....i. _._II. err mocllcllon ol anr federal aNlld. s,anl. laal, err coopa,allll9 ..,__.._ b. If ... a.Ida alls than federal ...,waplaid ... have bean peld or .. be peld to anr ...-lar lnllulnc:lng err ~ lo lnlltaQ an olllcer or~ ol anr Fedllal agancy, a Mlmber of eanar-. an olllcer or ~ of cai.-. or an ....,_ of a Mlmber ol Cm..-In connedon wlll tw Fedllal aNlld. granl, IDal, or ~ ..,__.._ .. unclllalgned ... ---and aubmlt 8tanclMI Form.u.L, "Dlldoaur9 Fonn lo Raport l..ollbylnQ. • In --.a wttll Ila lnalrucllone . 2 . Thie carlllcallon la • malartal .ep-llllal, al fact upon """6cll .-..ce -placed.._ NI i'...:llan -ffl8de or .... Into. 8ullmiallon of NI_..... II a IIIWIIQ .... tor mating or ...inQ 11m 1w nnucllan 1n.-c1 by S1 u.s.c. 1352. Mf peraon wllo Illa lo .... l9qUnd callc:allon ... be Nljecl lo a c:M1 1)111111)' ol not 1111 IWI $10,000 and not_ ..... $100,000 for eac:11 auc:11 .... . 3. TIie .......,_ participant ao ..,_by ...... .. or her bid or propoul hi he or ..... IWQllft ... .. ..... of .. raillcatlon be lncWad Ill .... .. Sllllalnnda, """6cll 9*aed $100,000 and ... II audl ~ ... cally and ..... ==·-· llQlJlaEI) BY U Cfll '33.102 - ... ·"' .. • ' • [J I. EXHIBITC FUNDING PROVISIONS A. The Local Agency has estimated the total cost the Work to be $140,000.00, which is to be funded as follows : BUDGETED FUNDS a. Federal Funds $112 000.00 80% of Particioatlna Costs b. Local Aaencv Matchina Funds $ 28000.00 20% of Particioatlna Costs a c. Local Agency Matching for COOT-Incurred Non-$ 0.00 Partlcloatlna Costs Clndudina Non-Particioatina Indirects) TOTAL BUDGETED FUNDS $140,000.00 ESTIMATED COOT -INCURRED COSTS a. Federal Share $ 0.00 80% of Particioatlna Costs b. Local Share Local Agencv Share of Particlnatina Costs S0.00 Non-Participating Costs (Inducting Non-$0.00 Partlcioatlna lndlrects)(1c) Estimated to be Billed to Local A----s .0.00 TOTAL ESTIMATED COOT-INCURRED COSTS $ 0.00 ESTIMATED PAYMENT TO LOCAL AGENCY a . Federal Funds Budgeted (1a) $112.000.00 b . Less Estimated Federal Share of COOT-Incurred $ 0 .00 Costs (2a) TOT AL ESTIMATED PAYMENT TO LOCAL $112,000 .00 AGENCY FOR COOT ENCUMBRANCE PURPOSES Total Encumbrance Amount ($112,000.00 divided $140,000.00 bv80%' Less ROW Acquisition 3111 I 0 .00 Net to be encumbered • follows : 1140000.00 .3.5. ,. ' . \o .. • • • Desian 23121P 3020 $ 20,000.00 Const 23121P 3301 $120,000.00 B. The matching ratio for the federal participating funds for this project is 80°/c, federal-aid funds (CFDA #20 20SO) to 20% Local Agency funds, it being understood that such ratio applies only to the $140,000 .00 that is eligible for federal participation, it being further understood that all non-participating costs are borne by the Local Agency at 100°/o. If the total participating cost of performance of the Work exceeds $140,000.00, and additional federal funds are made available for the project, the Local Agency ~l pay 200/e of all such costs eligible for federal participation and 100°/o of all non-participating costs; if additional federal funds are not made available, the local agoocy shall pay all such excess costs. If the total participating cost ofpcrfonnancc of the Work is leas than $140,000.00, then the amounts of Local Agency and federal-aid funds will be decreased in accordance with the funding ratio described herein. The pcrfonnancc of the Work shall be at no cost to the State. C. The maximwn amount payable to the Local Agency under this contract shall be $112,000.00, (For COOT accounting purposes, the federal funds of$112,000.00 and local matching funds of$28,000.00 will be encumbered for a total encumbrance of$140,000.00), unless such amount is increased by an appropriate written modification to this contract executed before any increased cost is incuned. It is understood and agreed by the parties hereto that the total cost (;)ft.be Work stated bereinbeforc is the best estimate available, baaed 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 acntenc:e) 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 AgerJ,;y sources, u applicable. Should these sources, either federal or Local Agency, fail to provide neceasuy 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 obliptions which existed prior to the effective date of such termination or which may occur u a result of such termination. • • 0 , SPECIAL PROVISIONS CONTROLLER'S APP~VAL 0 0 I . This a,ntract 1h11 nol be -Yllid until k -----by Ille ~ al Ille S-al Colorado or ouch -N 1-. may ~ This provtolon is ~ 10 ""I a,ntract Involving Ille payment al ,-,ey by Ille Slate. FUND AVAILABILITY 2. Flnandal obltgo4lant al Ille s-al Colorado ~ -Ille amint lllcal --contlngllnl upon ""1dl lar 1111 _.. being --· budgoted. ---.. -· BOND REQUIREMENT 3. M thia conllld irMlMlo Ille_...,. al more thin fifty thousand -lar Ille -.ction, INldlan . ...,.., -..nee. or~ al ""I building. road. bridge, ..-.c:t. UlnOI, -or-p,Alllc worlt lar thia S-. Ille Cornctor lhal,-. entemg upon lhe ~ al ""I ouch worlt--lnNacontract.Glly ....... lfld-lDlheS ___ ... lignlhecontract.agoodlfld-bondor-....... antylD be--by uid -In. penal IUffl nol -.... .....toall ol .. -_....,.,..by .. -"' ... -Suell --be~- by • ~ --ouraly -upon lhe lalHul ............ ol lhe CXJnlracl lfld In-. -~ ...... eonncw or 11111 IIUbcontraclonlallDG,typaylar""f-.-.i.n-. .-.~...--or-a,pplao_or __ by....,,Conracloror No .......-1n pa,lamlanca al lhe wortt -ID be -or -ID pay ""I --8l,ppliao -"*"*-Y,-. or~ In,. .........-o1 ........... ......, ... .,.., .. _.,.,_no1-. .. 111111.-:11ac11n .. -. ...... --... -ofaigl'llper cent per annum. U.... ....,,bondlo-..ted, -and-. noc:lalm ln,._al,.Conraclorarlolng_....,,.___be-.-or paid. ,._,,,...,,..,.._or•--ardar....,.,..IDlheT-allheS-alCotoradorneybe~ln..,alabond. Thill_-. Is in compliance with CRS 38-28-toe. INDEMNIFICATION 4 . Totw..--bytew.tw---...illy.-andl'ad-tws-.1ta......._111d.,..agol,,ll..,andll-. 0-.~andcourt-lndudlngooall._lfld ____ ••-al""faclor..-bytw-.or•---. AQonla,IUbcontraclors,or.....,_.,......IDlhe-altio""'*8cl DISCRIMINATION AND AFFIRMATIVE ACTION 5. Tl-. Connclor -ID ~ -1w -and 11*1 al 1w Colorado .-.-i,•-· /Id al 11157, • -. and -....,.._ tew 1811**,g---~..-(CRS -~and• ~by-Order. Equal Opportunity and--.. -April 18, 1875. --· .,.-.,,,,.,.,_._,,._ln .. S-_or __ . Ouringlhe ~oltioaintracl. twConnclor ___ : <•> rt-. Connclorwil not-agalr,al ""I~ or 8lll*all lar~ -al race,..-, color. -origin.-._..,--. 191igion. 811C811ry. "*"81 at phylicai twdcap, at age. Tl-. Contractor ... teka ..,_ _, ID -lwt .,........ -......,.,._ and lwt .......,_ --during.......,.....,. -~ID .. --dea:IWlollca. Suell --lnduda. 1111 nal be -ID .. lollowlng: ~ _.ilng.-. or-· -or ---..ng.; tey,dll or--._ -al pay or--al --: and -lar nlrq. lndudlng -·--· Tl-. Cornctor -ID.-In canapouaua .-, -ID.......,,... and ~lar~-1obe..-bylwainll-*'ll"""*~-...-..a1 ... -···-·-· (b) rt-. Connctor wil, In II -or--·•• lar .......,_ placed by or ori -al lhe Conractor, a. twt II~........,...,. .-.. -1ar ~ -~ lo race,..-. mar, -origin.-. ---. l'8lglon. ..-y, -or....,.... llandlcap. or age. (c) Tl-. Connclor wil -lo Nell -....., or ....-Wal---1-. hu •-.. t,a;vllnlng--.. --or undentanding. .-1o be..-bylhe""'*-*'11"""*· ~lhe-unlonor-·,•--altw~--lhe ~ Onlor, Equal C)pportunity lfld-Adlon, -Aprl II, 18711, lfld lUIN. ~ and-Onlorl allheO-,,O,. (d) Tl-. Connclor and--MI ------~by-Order. Equal C)pportunityand---of Aprl II, 1875, and bylhe rulN. ~ and Onlor9 al lhe-. or---. and .. .....,._ lo 11111-. -.111d-bylhe a>ntracling -and lhe -al lhe -or No dalg,.a lar __ al lrMlllgotlor, ID -oornplonca-....,, ru1N ...-,. and -· (e) A labor Olg8llization wiN nol ududa any individual --~ fnlm lull..-.,,,.,""* In....,, -~. or a,,pol ""I-,, Individual from~ In ouch -organiZatio;, ,,,_..,. ""f alb -In .. lull ----~-al race. aoed, a>lor, -. national origin. or .....-y. (f) A labor OfVll'ilation, or tw .......,_or...-._,.. nol aid,-.-· oompal or..,... lhe doo,g al any ad....,.,._...,.... lo be -loryorobAuctor-" any-lnlmcompljing...,lhe~altioCXJnlraclor""fordar...,..-.or-.,-dnc:ly or lndinlctly. ID commit ""I ad -In 11111 aintrad ID be~- (g) In lhe event ol lhe eontrKb'1 ~ -lhe --al tio _ or .... 1111y al ...... ru1N. ...-,.. or-. tio contract may be cancolad. -led or .._.-In -or In pat and lhe Cornctor -be -lnllgillte tor ---In accordanoe wilh ~. authorized In -Onlor, Equal Opportunity and --al Aprl II, 197'5 and lhe ru1N. ...-. or-p,omulgated In accordance-. and lUdl ____ ... ~and-•_be __ ......., .. _Onlln. Equal Oppom,nitylfld Aftlrrnathle ~ction olApril 18, 1875, orbyrulN, ~ ... -_....,.,_-.or•-~ bylaw (h) Tl-. Connclor .... -.. pr-."' parac,apha <•>_.,(II) In --and. b ·-!UdW--_,... by IIMS, r9gUloliono. or----lo E...-Order, Equal Opp;,, ........ and--of Ap,111. 1971, ID lwt ...... p.o,lliDna ... be binding upon Nell _or_. Tt-.Conndor.,. _....,, __ ,_..ID...,•t -•ot!UdW-• .. ....,. ----·•-alanbang....,,~lndudlng-lar-wlQlluw.......,.,_,IWltn .. _ .. ~ --1n.or1o--.11g111on.-tw-or-••-d--~ .. --........, .. c-,.,.Y __ .. _a/CGlorado lo-lnlo ...... llgltlon ID~ tw _ al .. -al~ COLORADO LABOR PREFERENCE .37. ' ... .. 0 • • b. WhM a canauc:llan -far a pltllc pn,jacl la ID Ila -ID a blddar, ·-blddar ... be IIDad a ................ a -blddar"""'• Sl*or......,. CDW*Yaquoilo .. .,._ai-,..,_..a., .. a.or......,.CC1UmYlo_ .. _bldllarlaa......,., I I la --by .. .._ --far ........ bid 1111 complanca-NI UINCIIDn .CII -,-cllnlal Ill ...... lnll -- -ba -or--ba --~ d Fednl •.Illa .......... be .......-,1. bul mlly ID .. _ -1opr-,ic1an1a1111 .. ....._or1o .......... ~ ....... ..,-,,.....~(CM~19-101 and 102). GENERAL 7. The_ of .. S.of CCIIDradoand ,...and,.._iaalladPIINIM_ ............... .....-i.--. _....._of t'lit-,,,.,,..-cfNlconnd-.orlllll_,....,........,_wNch..,....lar.......,byq~IIOl!ror..- or-la-lnQlllllcl __ ...._...._.,...........,. ..... conaldaNll,..MI-....... aanlllnadlnq .......................... .., __ pulpllllalDnegllalllaor..,-..,-..-1n.....,..orln1*1 ... bawaldor ......... or......_ln..,....,•.,. -..a.,-of-.,lolnl.---.or~ ,,,.,,...,....._,...,.._.., .. aparallllllofNl...,-. .. 11111.,.._ .. ....,of .... ...-.... -..... ...-....... c1-' •. ,. .. -......... ...,.._"' .... _. .. Conlr.-............................................................. ... ._ ..... ..,_, .......... _. 9 . ..__IDCRS :MoaNll2.4(aa.-.dldl, .. _ ...... ,,...,....._. ... ID_...,.._., ..................... i.l ...... cNd.....,.dllllorcMIIIIPllllll ....... lll),.......,.d..,_..lnlllall.or_d..-......,.lnMille21, ,...,CR1;tctW.- IDlnadualD .. _IDM......,cf .. ..-cf...,_a611111111n;td)Cllllll-,.....IDbe .... lD .. _ .,.-w:: .. aAnlllllandltl -.......... ID .. _orq ........... -cflllNdllllaonllDbe ... aaMiild .......................... lD ~ ............... . 10. 111a...,..... _ 11111119\'---CRS 1M301, al aaq., l!lil*Y and Cam..,i ..,._, and CRS 1.....,,, al aaq., CM,adl'IMc oai.~an111111no-du:t1..-1a..-,i. 11 . ,,,....,....._IIIIID~...,_.,noa..,.... ... ..,.,.__ ......... .._..._ .... __ or......-, ...... -· APRIL 1980 Nondiscrimination Provisions: In compliance with Title VI of the Civil Rights Act o( 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest, agree as follows: A. Compliance with Regulations. The Contractor will comply with the Regulations of the Department ofTransportation 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. · B. Nondiscrimination. The Contractor, with regard to the work performed by it after award and prior to completion of the contract work. will not discriminate on the ground of race, color, acx, mental or physical handicap or national origin in the selection and retention of Subcontracton, including procurement of materials and leases of equipment. The Contraetor 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. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or cquipmcnt, 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. D. Information and Reports. The Contractor will provide all information and reports req~ by the Regulations, or orders and instructions issued pursuant thereto and will permit accea to its books, records, accounts, other sources of information and its facilities u 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 excluaive possession of another who fails or refuses to furnish this information, the Contractor lhall so certify to the State, or the FHWA as appropriate and shall set forth what efforts have been made to obtain the information. E. 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 u it or the FHW A may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the Contractor under the contract until the Comnctor compliea, and/or; 2 . Cancellation, termination or suspension of the contract, in whole or in pat . • 39- • • F. Incorporation of Provisions . The Contractor will include the provisions of paragraphs A through F in ,:very 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 u a means of enforcing such provisions including sanctions for noncompliance; provided. how,:ver, that, in the ,:vent the Contractor becomes involved in. or is tbreatenod 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 intere8ta of the United States. ADDENDUM A: 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 tile extent tilat otiler appllcable federal requirements (lacladla1 tile provisions of 2J CFR Parts 172 or 633 or 635) are more 1pecUlc tilu provlsloa1 of Part 18 ud tilerefore sapenede such Part 18 provillons. 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 mamier, 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 procedurea. and with 18.37 aubpant procedures, u applicable; 5. the Local Agency/Contractor lhall incorporate the specific contnct provisions descnoed in 18.36(i) (which are also deemed incorporated herein) into any subcootract(1) for such services u terms and conditiona ofthoae subcontracts. B . Executive Order 11246 of September 24, 1965 entitled •Equal Employment Opportunity,• u amended by Executive Order 11375 of October 13, 1967 and u supplemented in Department of Labor regulations (41 CFR Chapter 60) (All conatruction contncta awarded in cxceu of $10,000by grantees and their contnctors or subgnnteea). C. The Copeland "Anti-Kickback" Act (18 U.S.C. 874) u supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and subgrants for construction or rq,air). D . The Davis-Bacon Act (40 U.S .C. 276a to a-7) u supplemented by Department of Labor regulations (29 CFR Part 5) (Construction contracts in cxceu of $2,000 awarded by sranteea and subgrantees when required by Federal grant program legislation. This act requires that all laborers and mechanics employed by contractors or sub-contncton to wort on conatruction projects financed by federal usistancc must be paid wagea DOI leu than thole Cllablilhed for the locality of the project by the Secretary of Labor). E. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S .C. 327- 330) as supplemented by Depm1ment of Labor replllioal (29 CFR. Part 5). (Cclmlnac1ion contracts awarded by granteea and subpanteea in acea of Sl.000, and in ac:ea of Sl.5()0 a other contracts which involve the anployment of mechlnica or laboren) . ... ,. • • 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 S 100,000). G. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163). H. Office of Management and Budget Cirwlars A-87, A-21 or A-122, and A-102 or A-110, whichever is applicable. I. The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that federal funds cannot be used for partisan political pW'pOICIS of any kind by any penon or organiz.ation involved in the administration of fedc:rally-auisted programs. J. 42 USC 6101 ~ 42 USC 2000d, 29 USC 794, and imptemamna replation, 45 C.F.R. Part 80 m...a,. These acts require that no penon shall, on the pounds ofnice, color, natiom1 origin. age, or handicap, be excluded from participation in or be subjected to diacrimimtion 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 22S and 47 USC611. L. The Uniform Relocation Auiatanc:e and Real Property Acquisition Policies Ad, • amended (Public Law 91-646, u amended and Public Law 100-17, 101 Stat. 246-256). (lftbe comnctor is acquiring real property and dilplacina boulcholda or buline11e1 in tbe performance of tbia contract.) M. The Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 SUIIL). N. The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 m....1111. and its implementing regulation. 45 C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, u amended, and implementing regulation 45 C.F.R. Part 84. 0. 23 C.F .R. Part 172, concerning" Administration of Engineering and Design Related Contnctl•. P. 23 C .F.R Part 633, concerning "Required Contnict Provisiona for Federal-Aid Coalb'uctioa Contracts". Q . 23 C.F.R. Part 635, concerning "Construction and MaiNenance Proviaiom•. R . Title VI of the Civil Ripta Act of 1964 and 162(1) of the Federal Aid ffitllwaY AJ:t of 1973. The requirements for which are shown in the Nondia:riminlli Proviaicm. wbicb • ....._. hereto and made I part hereof. -42· ATI ACHMENT LO certUlcatloJ ror fedml:Ald Coatqdl The contractor certifies, by signing thia contract, to the bat of ita lmowledp 111d belief, that: 1. No Fedcnl appropriated fuada bavo boat paid or will be paid. by or on bebalf' or the undcnigned, to any palOll for influencing or attempting to inOum • of.licer or omplo)w of any Federal agency, a Member of eonar-, • officer or employee ofeonar-a, or• employee of a Member of Conaroa in conneclion with the &Wll'diq of my Fodll'II Iola, die mkriaa iDto of any cooperative agreement, 111d the extension, continualioo, renewal, amendment, or modification of lll'J Fodcral CODb'IICt, ll'lllt. loan. or coopll'llive agreement. 2. If any 1uads Olber' dim Fedcnl approprillted fiaada have boat paid or will be paid to my penon for influencin& or lllemplina to infhaeace an officer or of Coqrw. or m omplo,-of a Member of Cooar-in ooanectioe with tbia Fedcnl ooab'llct. .-. lolD, or coopsllive agreement, the undeniped lblD c:c,mplote 111d lllbmit Standanl Fonn-Ul._ "Dilclalul9 Form to Report Lobbying. .. in acc:ontaace with ita instructionL This certification is a material reprelCIDtatiOD of fact upon which reliance WII placed when tbia transaction wu made or entend into. Submiaion oftbis cortificalion ii a pnrequiaite for llllkilll or entering into this transaction impolod by Section 13S2, Title 31, U.S. Code. Any penon who filiJa to file the roqairod Cldillcalion lball be IUbject to a civil pellllty ofaot lea tban SlO.OOO and aot man than S l 00,000 for OICb llacb faihn. The proapective participant allO aaroe by IUbmiUina bia orbs bid or pmpoeal that be or tbe -0 require that the ..,..... of du Cllli6clliclll be illcluded in all lower lier........, wbicb ....S S 100,000 and that all lUCh IUbrecipimla lball certify and dilcloN acconlinttY· Required by 1.3 CFR 63S. l 12 APPENDIXB DISADVANTAGED BUSINESS ENTERPRISE (DBE) SECTIONl. ~ It is the policy of the Colorado Department ofTransportation (COOT) that diudvantagecl business enterprises shall have the maximum opportunity to participate in the perfomrmce o( cooncta financed in whole or in pat with Federal funds under this agreement, pursuant to 49 CPR Part 23. Consequendy, the 49 CPR Part IE DBE requirements the Colorado Dcpartmeot of Transportation DBE Propam (or a Local Agew:y DBE Propam l!PPft)ved in advance by the State) apply to this apeement. SECTION 2. DBE Ohlipdon, The recipient or its contractor aarees to ensure that clisadvllltapd baliJIIII ealllprisa u detamined by the Office of Certification at the Colorado Department of Replatory Aamcies have the a,axinngn oppoduDity to participate in the performance of contractl and mbcontnctl fuww:ed in whole• in pllt witb,..... fbmll .. '"idl,d --tbia agreement In this reprd, all pa1icipmts. CClll1rldon sball llb all 11111( 1 IIMJ ............... in accmdance with the COOT DBE propam (• a Local Alf/SY DBE Pn,pllll appoved in ad¥we t.y the Stae) to_. 1llll disadvantaged businea entaprilCI have the maximum opportunity to compele ... • pertbnn COIIII.-. Recipients and their contractors shall not cliacriminale on the basis ofra:e, color, llllliaaal oriain, « IIX in the award a perfonnance of COOT auisled contncts. SECTION 3 DBE Prggw, The contractor (subrec:ipimt) sbaU be respomaDle for ol!«ai•i• a. OW. 1718 rl •• S... .. ili ...,._ of the Colorado Department ofTdDlpOltation, 1988, • _..Nd. -S sball camply willl .. appliDlblr pro,iliaal of .. program. (If applicable). A copy of the DBE Proaram ii available &om and will be mailed to Ille ooaldor .. reqarrt: Business Programs Office Colorado Department ofTnmportation 4201 East Arbnsu Avenue. Room 287 Denver, Colorado 80222-3400 Phone : (303)757-9234 revised 1/22/98 Required by 49 CPR Pat 23.41 ADDENDUM B: CONTRACT M0DmCA110N TOOLS The Local Agency and the State may use a Fundinc Llnrr ia onlrr to_,.-,, •11--, .... ad__. Ille lrrmT of this contract, if such use is warranted by the cima•--• drrcrW ad O ilrd ..._ FUNDING LEITER, Under this Contract, the local Agency has agreed to provide funding based on the terms as described herein u needed · to satisfactorily perform and complete the work, subject to the availability of funding. Funds ae curmitly available and encumbered for the work in the amolDlt specified above. However, the total coat to complete the work, and the reaulting total funding amount(s) to be provided by the State and local Agertcy in exchange therefor, u described in this Contract or otherwise made known to the local Agert,:y, are only emmated. If the parties determine that they have underestimated/overestimated the total cost of the work, they have the right to take the following action: A to increase/decrease the amount of available funds under this Contract In the event of this action, the State will notify the Local Agency thereof by Funding Letter. The Funding Letter will be in a form substantililly equivalent to the form attached hereto, and it lball not be deaned valid until it lball have been signed by the Local Agency and approved by the State Controller or such aaiatant • he may deeignate. 4S ·""" COlOMDO DEPAIITMENT Of TUN5IOllTAllON AUTHORJTY: CONTRACT FUNDINC INCREASE/DECREASE AND APPROVAL l£1TER State Controller Polley letter on June 12, 1996 Region: Complete section 1 and submit to COOT Controller's office. COOT Controller letter on Mav 23 1996 (l)Thls form to be used for the following contracts/situations only (dleck the approprlab situation): _Indefinite quantity, order more/add more _utility/railroad, undlrutlmated total cost _COOT construction, sum of CMO's _LA construction, underestimated cost COOT construction underestimated total cost COOT consultant. underestimated cost SECTION 1 tllanlon UH) Date: 121 Proi.rt code (3l To : COOT Controller (FAX 1(303) 757-9573 or e-mail CONTROLLER) ~· (4) From: Office: (5) Phone# (5) FAX# (5) Realon # (5) COOT has executed a contract with: (6) Address: 161 ·--. FEIN# (6) Contract routing # (7) COflS 111a1••-• CIMlcMI fO, SC• PC A Ill Fund Orgn. Appro. Prgrm. Fune. Object/Sub-obj N/P Cll Reporting Catg. Proj/Sub/Phase (9) (9) (9) (9) (9) (9) (9) (9) (9) - Original contract amount Has a ludget Request been processed to cover the cantract lfflOUllt Increase? S (10) -11111 114) Previous Funding Lttter(s) total Prepanr's -(15) S (11) .-.-··-·_J PHONE NO: This Funding Letter total Contract Admlnlstrator's/luslness Manager's Approval S (12) (16) C•_J flHONE NO: Adjusted contract amount COOT DeslgnN Approval S (13) (17) Local Agency approval (11) SECTION 2 (Controller's Office usel 119 Tot1l 1llotment .amount Commission budget s (19) S (19) If construction : CE~s lndlrtet digs ~ CGllll'a1 ._. plus llltal a 6 lndlnct _CE pool ellg. (19) S ( 9) S (19) dllrla ~I<•• I have reviewed th, fl~ status of the project, orpnlutlon, grant 111d have dlternllMd 11111 lufllcllnt funds are avalllbll to cover this Increase efftctlW u of 119) 511te Controller or D!ltgee I: _.- (20) ·-' EXAMPLE A (Lump Sum Coalncta) Ealblt D, P11e 1 of 5 - CoaplnyName: Project No. Addnu: Project Location Employer (FEIN) ID Number: SulJac:coum No. IDvoice Number 111d Dale: Propeu Report &led: % Coq,lcted: (I) Cumml Billlllc Period: From: To: 111 BASIC AND/ OR. SUPPLEMENTAL CONTllACT TOTAL: (2) s T Olli Billed to Date: s Lal: llclainqe (10% ofbillina DOI IO nceed S% of coalnl:t) s Lal: Prior Pl,-: s1· Prior Billins: S Lal Retaiaae: s s TOT AL CURRENT PAYMENT REQUEST: • s (% To date of DBE wuk: ) I certify that the billed UIIOUIIII an: in .-at with the COlllnCt lelml: Siptn Tide Deel -% Coq,lctcd x Coalnct TCICII • TCICII Cumal Plyamll ...... m ll 12) -(•) r.l 47 EXAMPLE B (Cost Plus Fixed Fee Contnctl) lulblt D, ,_ 2 el 5 Name: Project No. Addrea: ~ (FEIN} ID Number: Project Location Invoice Nuamer 111d Date: ,__ bm.t Daled: Subeccoulll No. %- BASIC AND/ OR SUPPLEMENTAL CONrllACT TOTAL s Prior nnind Billintr ~: s - Cunmt Billim Pniocl: From: To: DIRECT LABOR: (Lilt .. Rqular Dilect 8-ly Rate Overtime Coll Enm&m,,,,, Nmne Clauificatioa Houn s 11oan• s '·' Clalllll Tbia Period TOlalAmoaalD DIii•• - Sublocal -Dilec:t Labor s s IDdirec:t _(%) (• apecified ill COllll'llct) s s OTHER DIRECT COSTS (111-H-) Lilt individually-at actual cost u in finll COit propoul; mileql (milcl X S), s s CADD '111'1 . X $). ..... in. rental n... X S\. etc. SUBTOTAL (DIRECT LABOR, INDIRECT A 011D!ll DIRECT COSTS) s s FEE (%) (Al specifild in die COIIIIIICt) s s OlTl'SIDE SEllVICES (~AV ..... ) (Lill illdmdally) s s ITo be in tbe -filrmll -lllach .,..,;...\ % To Date OD DBE Wort s s ' Outlide Services M-,emeal Expeme (wlln applicable) s s TOTAL CURllENT PERIOD: s s TOTAL TO DATE : s s LESS : Retainap (10%ofbillins not IDciu:eed 5% ol-.:t) ~ s s LESS :PriorPaymeall s s Prior Billing S 1.aaa--.s s s TOT AL CURR.ENT PAYMENT REQUEST s s I certify that the billed amounts are actual and in apffDmll with tbe COllll'llct --= ;)IIJIIIIR •• .. •Eliaible classiflcalioaa 11111v: in accordaDce widl camact RXAMl>LE C (Snecific Rata of Pav Contracts) 11111bit D, PUii! 3 ef 5 -Name: Project No. Adlha: rFFfllO ID Nlllllber: Project Location ~ Number ad Dlte: l'nlaell Renort Cued: . , Subacc:ounl No . "C"-leted: BASIC AND/ OR. SUPPLEMENT AL CONTRACT TOTAL s Prior Period Billhw Amount: s Oaren1 Billino Period: From: To: PAY R.A TES: (Lilt lndividuallv) ltepllr Ovenm. Raia of Pay Colt EmnloveeName Claaific:ation Houn Houn• SJHoun•• s .. SUBTOTAL-PAY RATES: -s OTHER. DIR.ECT COSTS On-H-) s Lilt iDdividually-• actllll rues• iD liDal ciOll pn1pOA1; miJeap (milll X $). CADD thn. x Sl. eauin, r.-1 nn. x Sl. n:. s SU8TOT AL (Pay Raia and Olber Dinc:t R.ates) OUTSIDE SER.VICES(~ A Vendan) (Lilt iadivicDUy) s (To be in tbe -format-attlleh conies) - % To Date oa DBE Wen s OUllide Servicca M-I •• • Expeme (.._ ..,aic:able) s TOT AL Cl.1IUtENT PERIOD: s TOTAL TO DATE: s LESS : R.etainqe (10% ofbilliaa not ID ac:eed 5% of c:olllnct) s LESS : Prior Paymem ' s Prior Billina S 1..-blaimpS TOT AL CURRENT PAYMENT REQUEST s I certify that tbe b;Ued IIIIOUldl are ICIUal Uld in..,_.. wida the c:olllnct 111'1111: Sipalure Tide 0... "Eliaiblt classificatica only: in accordance widl c:olllnct •• In accordance witb comnct EXAMPLED Local Date l:slllblt D P 4 el 5 SBCTIONI. CONTRACTDATA Local Agency:------Project No.------- Addresa: -------------- Eq,loyer (FEIN) ID Number: Project Loc:atioa-'------ lnvoice Nlllliler and Date:---------- % Completed: SubaccGuatNo .. ______ _ BASIC AND/OR SUPPLEMENTAL CONTRACT TOTAL: $. _ __,_ _____ _ Prior Period Billina Amount: Cumal B' . Period : From: SECTION 0. INCURRED COSTS DIRECT LABOR: (List indmdaally) Employee Clmificatina Name SUBTOTAL-DIRECT LABOR BENEFITS ___ % OF DIRECT LABOR 011IElt DIRECT COSTS (ln-8-) Liat individually-at acmal COit; Mileap (miJn x S), CADD (hn. x $), Equip rmlli (hn. X $), etc. OlTl'SIDB SERVICES (c-ttww a: Veadun) (Lilt individually) (To be in dlil -fonml. attach c:opiel of ilmncea) . TOTAL COSTS CURRENT PERIOD: TOTAL COSTS TO DATE: SECTION UI . BILLING TOT AL BILLING CURRENT PERIOD (___% OF TOTAL COSTS): Prior Billing: Feclaa1Sllln $. _______ _ LA>cal Aaa,,;y Share $. _______ _ S1atle Sbare$._""""------- s To: c.n. TlmPeriod $. ____ _ $. ____ _ s. ____ _ s ____ _ s. ____ _ $. ____ _ Total ID Dale Cost s s ___ ___;;_ s ____ _ s'------- s. ____ _ s. ____ _ s ____ _ 1 certify that the billcd IIIIOWIIS arc IC1Ual 111d in..-with tbe COlllnct ....._ Si IIUe Tide •Eligible clusifacatiom only 50 EXAMPLE E <Fixed Multinlier Coalnctll EDllllt D. P-5 of 5 -Hmm: Project No. Addnll: (FEIN) ID Number: Project Location llm,icc Number and Dale: Promal a-l>uDd: Subaccount No . % r---1eeec1: BASIC AND/ Oil SUPPLEMENTAL CONTRACT TOTAL s Prior Period Bllmur Amount: s Current BillinR Period: From: To: PAY RA TES : llJd ... Replar Certified Fixed Colt -. Nmne Clw.ifi e!i an H-Hamlvltalea .. -... s SUBTOTAL-PAY RATES: s 011IEll DIRECT COSTS On-H-) s Ult illdividuelly-at ICIUll nllll • iD la! coet pnlpOllll; milap (miles XS). CADD n... :a S\. ......._ ...an-. :a S\. elc. s SUBTOTAL (Pay Raia end Odler Direct Ralea) OIJl'SIDE SERVICES (Sall C F b •• .I: Vemlon) (Lilt iDdividually) (To be iD die -111-a-lllllcll c:anim\ s % To DIiie cm DBE Wan s °'*ide Senicel I I I B.-(wlllll eppliceble) s TOT AL CUIUlENI' PERIOD: s TOTAL TO DATE: s LESS : lle1ainap ( I 0% of biJliDa aot to exceed S% of ccanct) s LESS: Prior Payaall ' s Prior Billina S I<' Llu ....... S ~ TOT AL CURRENT PA YMENI' REQUEST s I certify dial !be billed unouma are IIC1llal end ia ...__.. wida die ccanct-.: Sp11n Tide DIiie Date October 7, 2002 INmATEDBY COUNCIL COMMUNICATION Agenda Item 10 a iii STAFF SOURCE Subject IGA with COOT for University Blvd. Sidewalks Department of Public Works I Ken Ross, Director of Public Works COUNCIL GOAL AND PRMOUS COUNCIL ACTION Council approved Resolution No. 3, Series 1996, Resolution No. 78 , Series 1999, and Resolution No. 43, Series 2002, authorizing the City to apply for Federal funds under tile Transportation Equity Act for the 21" Century (TEA-21 ). RECOMMENDED ACTION Staff recommends Council approval of a Bill for an Ordinance to enter into an agreement with the Colorado Department of Transportation. This agreement covers financial commitments related to the design and construction of "Univenity Blvd. Sidewalb". BACKGOUND, ANALYSIS, AND ALTERNATIVES IDENTIRED South University, between US 285 and Englewood's north city limit, is identified in the City's "Sidewalk Missing Links#. Installation of sidewalks at this location is desirable for the safety and convenience of pedestrians. In 1996, the City of Englewood realized the potential to receive federal funds for this project. Staff prepared applications and Council approved submitting to the Denver Regional Council of Governments (DRCOG) to include this project in the Transportation Improvement Program (TIP). Based on the criteria used by DRCOG, the project did not score high enough to be included in the TIP at that time. The City continued to re-apply for the project over the following two TIP cycles and DRCOG agreed (regardless of the score) to include the project for funding in FY 2003 . Amending our application in any way would require the project be thrown back into the pool to compete. The project cost estimate and scope of work used in 1996 were not adjusted. Originally, the total estimated cost was $145,000. The Federal share remains at the 1996 programmed amount of $116,000. Englewood is responsible for all costs above the original estimate. The total estimated project cost is now $216,000 and Englewood's match is now estimated at $100,000. The proposed intergovernmental agr~ement addresses costs associated with design and construction of the project Design will commence in late October 2002 with construction anticipated during the summer of 2003 . • • FINANCIAL IMPACT The federal participation towards the University sidewalks is $116,000. Englewood's match is estimated at $100,000. Adequate funding is being programmed in the "Sidewalks Missing Links· budget in the Public Improvement Fund. UST Of ATTACHMENTS Bill for an Ordinance Intergovernmental agreement ORDINANCE NO . SERIES OF 2002 BY AUTHORITY LU ANWMNO AM wniiritf_.W_.tM ' D£1>ARTMENT OF TRANSPORTATION FOR DESIGN AND CONSTRUCTION OF ••11111"1QGf~ ENGLEWOOD, COLORADO. WHEREAS, the area on South University Boulevard between U.S. 285 and Cornell within the Englewood City limits are identified in the City's "Sidewalk Missing Links"; and WHEREAS, installation of sidewalb at this loc:ation is desirable for the safety and convenience of pcdcsuians; and WHEREAS, City Council applied to Denver Rcaional Council of Governments (DRCOO) to include this project in the Transportation Improvement Proaram (TIP); and WHEREAS, DRCOO agreed to include tbc projec1I for ftmdiaa in 2003; 111d WHEREAS, the Fedenl share for this project is SI 16,000 and tbc City of Englewood's share would be SI00,000. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l. The City Council for the City of Englewood, Colondo, hereby approves the Transportation Enbanccmcnt Contract between The Colondo Department of Transportation and the City or Englewood, State of Colondo, a copy of which is attached hereto and incorporated herein by reference . Section 2. The Mayor is authorized to sign and the City Clerlt to attest the Transportation Enhancement Contract for and on bcbalf of tbc City of Englewood, Colorado . Introduced, 11.:ad in full and passed on fnt radina on the -r-day of October, 2002. Published as a Bill for an Ordinance on the I Ith day of October, 2002. -1- ATTEST : Loucrisbia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Enalewoocl. Colorado, hereby certify tbat the above and foregoing is a true copy of a Bill for an Ordimncc, introduced, read in full, and passed OD first reading on the 7th day of Oc'tober, 2002. Loucrisbia A. El1il -2- (FMLAWRKENH) PROJECT# STE M39S-004, SUBACCT 12744 REGION S/(bkr) TRANSPORTATION ENHANCEMENT CONTRACT 02HA600083 CMS: 02-227 nns CONTRACT, made this __ day of ____ -20_ by and between the State of Colorado for the use and benefit of 11IE COLORADO DEPARTMENT OF TRANSPORTATION, hereinafter referred to u the State or COOT, and CITY OF ENGLEWOOD, STATE of COLORADO, 1000 Englewood Parkway, Englewood, CO, 80110, FEIN: 846000583, hereinafter referred to u the Local Agency, or the contractor. FAC]UAL RECITALS. 1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment of project and Local Agency costs in Fund Number 400, Appropriation Code 010, Orpnization Number 9991, Program 2000, Functions 3020, 3301 & 3404, Object 2312 lP, Phucs D, C & M, Reporting Category 6240, Contract Encumbrance Number 12744, (Contract Encumbrance Amount: $14S,OO(>.OO). 2. Required approval, clearance and coordination have been accompliabed fiom and with appropriate agencies. 3 . Pursuant to Title I, Subtitle A, Section 1108 of the Transportation Equity Act for the 21st Century of 1998 (TEA-21) and to applicable provisions of Title 23 of the United States Code and implementing regulations at Title 23 of the Code of Federal Regulatiom, u may be amended, (collectively referred to hereinafter u "the federal provisions"), ca1ain Federal funda have been and will in the future be, allocated for highway projects requested by Local Agenci• and eli11l>le under the Surface Transportation Program that baa been propoNd by the Stllle and appn,ved by the Federal Highway Administralion (FHW A), hereinafts referred to • the ...,...an. -1- 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. § lOl(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 perfonnance 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 Stare. 6. The Local Agency has requested that a certain local highway project be funded u pan of the program as a Transportation Enhancement Activity, and the Local Ap:ncy Represents that the project is an eligible Transportation Enhancement Activity as defined in 23 U.S.C. § lOl(a), and by the date of execution of this contract the Local Agency (and/or the State) has completed and submitted a preliminary version of COOT form #463 describing the general nature of that project work. The Local Agency understands that, before the project work is actually started, the description of the project work in that COOT fonn #463 will likely be reviled u a result of design changes made by COOT, in conjunction and coordination with the Local A.po,;y, in its internal review process. The Local ~ desires to apee to perform the project work as described in the Form #463, as it may be revised in that Process. 7. Federal-aid funds have been made available for project, STE M39~ for illllallalioo of 5 ' wide sidewalk along the west side of South University Blvd., from Dartmouth to US 285, as more specifically described in Exhibit A (the Form #463 and/or a ''Scope of Wort;, in, Englewood, Colorado, hereinafter referred to as "the projecr or "the work". 8 . The matching ratio for this federal-aid project is 80C1, federal-aid funds to 2()11, Local Agency funds , it being understood that such ratio applies only to such cos&s as are eliaible for federal participation, it being further understood that all non-panicipating costs shall be borne by the Local Agency at 100%. 9 . The Local Agency desires to comply with the federal provisions and Olher applicable requirement , including the State's aeneral administration and supervision of the project dlnJup thi contract , in order to obtain federal funds for the project. -2· 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 or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to expend its match share of the Work. A copy of this ordinance or resolution is attached hereto and incorporated herein 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., as amended, and the Local Agency ordinance/resolution. 12 . The parties hereto desire to agree upon the division of responsibilities with regard to the project. 13 . The Local Agency is adequately staffed and sui t bly equipped to undertake and satisfactorily complete some or all of the Work. 14. The State certifies that such work can be more advantageously perfonned by the Local Agency. NOW, THEREFORE, it is hereby agreed that: I. STANDARD FORM CONTRACT This is a standard form contract that is designed to efficiently contract for and administer 2 types of program projects: I) program projects which include the same basic work elements (design; construction; construction administration by local agency; right-of-way; utilities; etc.); and, also, 2) program projects with specific differences in those basic work elements (u. a specific project may include design but no construction, or it may include design and construction but the State will do the construction administration, etc.) The fonn contract accommodates both types of projects by using qualifying language to condition the application of particular contract requirements, based on whether specific work e lements are included in the project. For instance, where the contract provides ... •If the Work includes engineering/design services, the Local Apaq lball perform the ft>llowina requirements ... ", the Local Agency need perfonn those requirements only if enaineerlna'delip Nn'ices are ex pressly included in the project, u defined in the Scope of Work. (Convenely, DCIC1ridwalncting -3- that language is in the contract, the Local Agency can ignore those "requirements" if engineering/design services are MQI expressly included in the Scope of Work.) The Local Agency shall interpret such qualifying language in that manner. By using such language, the form contract can apply to both the general and the specific types of projects, thus malting it easier to administer and saving the State and the Local Agency time and expense. n. PROJECT DESCRIPTION "The project" or "the Work" under this contract shall consist of a 5' wide sidewalk along the west side of South University Blvd., from Dartmouth to US 285, in Englewood, Colorado, as more specifically described in Exhibit A. attached hereto and made a pan hereof (the Form #463 and/or a "Scope of Work") as it may be revised by the parties in the design review process before the project work is actually started. m. INCORPORATION BY REFERENCE All federal and state statutes, regulations, specifications, administration checklists, directives, procedures, documents, and publications that are specifically identified and/or referenced in this contract, together with all exhibits and attachments and addenda to this contract. are incorponted herein by this reference as tcnns and ,conditions of this contract u tboup fully set forth. IV. WORK RESPONSIBUJIY The Local Agency shall be responsible to perform (all design and/or ript-of-way and/or 1:_1tility and/or construction and/or construction administration tasks rcquiJed to complete) the Work, and the Local Agency shall comply with all applicable terms and co™!itions of this contract in performing the Work, including those process and task responsibilities and standards as s pecifically indicated in the Pre-Construction and Construction Adminislralion Checklists attached hereto and made a part hereof. The responsible pany shall perfonn Ill such tasks in accordance with applicable requirements and standards, includina those in this c:oatnlCt and in applicable law. -4- V. PROJECT FUNDING PROVISIONS The funding provisions for the project are attached hereto and incorporated herein u Exhibit C. VI. TRANSPORTATION ENHANCEMENT ADVANCE PAVMENT PROVISIONS The advance payment provisions described herein shall apply only to • pen:eatap of the construction work portion of an enhancement projec:t, u delcrlbed below. Payment for all other work portions of the Project, including for the design work, shall be on a reimbursement basis, as described below. A. Pursuant to FHWA's approval under 23 U.S.C. § 133(e)(3)(B), the State will provide an advance payment up to a maximum percentage of the total amount for the construction portion of transportation enhancement projec:t activitiea, in accord wi1b the following procedures. 1. the State will provide advance payment to the Local A,...:y of70% of the federal funds budgeted and available for the construction of thia trlnlpOltalion enhancement projec:t, in accord with 23 U.S.C. § 133(e)(3)(B and u delcribed herein. 2 . the Local Agency lhall submit the following to the State reprellllltalive identified in sec:tion VU. after ex~ of thia Contract: a) a financial lllltmlent for the comtructioa of the project; and b) ID invoice for advance payment of70% of the federal ftmda badptecl and available for the construction oftheprojcct. 3. After receipt of such statement and invoice, the State will ilme a Wlfflllt to the Local Agency in the amount of the approved advance payment of construction project funds, subjec:t however to the prior performance of the following: A) the satisfactory completion of the delip of the project; B) the State approving the Local Agency's construction contnlct; and C) the Stllle isming to the Local Agency a Notice To Proceed with the comtructioa of the project. 4. the advanced ftmds shall be med by the local a,mcy only for the performance of the construction work of the project. Upon receipt of the DOlice to proceed from -S- the State, the Local Agency shall proceed expeditiously to start the conatruc:tion 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 constJUction work but discontinues or abandons performance before completion, the Local Agency shall ranit 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 AtpDtj discontinues/abandons performance, as applicable. S. When the Project construction work is completed. the Local Ap,rey lhaU submit to the State all required paperwork for that construction wort. ..,......._ with a final statement of costs for that comtnaction work ml a billiaa for the ....ainina 300/o of the federal funds budgeted and available for the Project c:c11111111clion work. The State shall not reimburse the Local A,-r:y the fflllWDHII 30% of the construction work costs until the State hll reviewed the biDinp IDd baa iDlpected the completed project construction work. subject to the .._ IDd coadidom of this contract. B. Except as provided in A. above, the State will reimbune the Local A,-r:y for the federal-aid share of the project design, and other work followina the Stlle'a review and approval of such charges, subject to the terms and conditions oftbis CODtrlct. The Local Agency will prepare and submit to the State monthly charges for COiia incumld rela&ive to the design, and work portions of the project. Provided, however, tbal clmpa incuned by the Local Agency prior to the date of mw A authorization for the project and prior lo the date this contract is executed by the State Controller or his desipee will aot be c:barpd by the Local Agency to the project, and will not be reimbursed by the S..... abNat specific FHW A and/or State Controller approval thereof. C. The State will reimburse the Local Agency's reaallble, allocable. allowable COiia of performance of the Work, not exceedina the muimmn lalal -..., .. 1d ia lallillil C. The applicable principa. dolcribed in Title 49, Code ol ...... ••H PN, ... II (the "Common RuJe"), Subpart C (""Fiwial Ahiei4 -..'"). iact ti 1 49 C.f.a. 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 provif,ions 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 of reducing the cost actually incurred). 5. incurred for Work perfoimed subsequent to the effective date of this contract. 6. satisfactorily documented. D. The Local Agency shall establish and maintain a proper accounting system in accordance with generally accepted accounting standards ( a separate set of accounts, or as a separate and integral part of its current accounting scheme) to assure that project funds arc expended and costs accounted for in a manner consistent with this contract and project objectives. l. 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 11Ccounting documents shall be clearly identified, readily acceuible, and to the extent feuible, kept separate and apart from all other such documents. -7- E. Upon execution of this contnct the Scale is IUlborized, in ill dilCfetion, to perform any necessary administrative suppo11 aervicel punuanl to dm contract. T'hele aervice1 may be performed prior to and in preparation for any conditiom or requirements of this contract, including prior FHW A approval of project work. The Local Aae,,cy undentanda and agrees that the State may perform such aervice1, and that peymenl b' IUCb aervices lhall be at no coat to the State but lhall be• provided in Exlulrit C. At the reqtat of the Local Agency, the State lhall also provide otber miltwe punulllt to this c:oatnlct a may be qreed in writina. In the event that feclenl-aicl project funds remain available for payment, the Local Agency undentanda and ..-. the COltl of 111Y IUCh aervicel and uaiatance lhall be paid to the State fiom project ftlnda ll the applicable rate. However, in the event lbat such funding is not made available or is withdrawn for this comnct, or if the Local Agem;y terminates this contract prior to project approval or completion for Ill)' l'ellOII, then all actual incum:ld com of such .-vices and millance provided by the Stale lhall be the 1e>le expense of the Local Apncy. F. If the Local Apn:y ii to be biUecl for COOT incurnd diJect COiia, the billina procedure shall be • follows: I . Upon receipt of each bill fiom the Stale. the Local AlfS'/ will remit to the State the IIIIOUlll billed no lats tbm 45 clayl after receipt of each bill. Should the Local A,-w:y fail to pay IDCIDIYI clue the Stale within 45 dayl of clemmd or within such other paiod. may be ...... betwem the,.._ ..... the Local Agem;y agrees that ll the requat of the Stale. the State Tnanr may witbbold • equal maount &om future apportionments due the Local AlfSY fiom the Hipway Users Tax Fund and to pay such funds dinc:tly to the State. Interim ftmda. until the State is reimbuned. lhall be payable &om the State Hipway Supplementary Fund (400). 2. If the Local Aaency faila to make timely payment to the State u required by this section (within 45 days after the dale of each bill). the Local A,er,,:y lhall pay interest to the Slalc II a nte of one pen:ent per IIIOlllb on the llDOUllt of the payment which wa noc mado in a timely IDIDINI', until the billina 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 relative to the project. The Local Agency's invoices sball include a description of the amounts of services performed, the dates of performance lllcl the lllioullts and description of reimbursable expenses. The invoices will be prepared in accordance with the State's standard policies, procedures, anci atandanlizcd billing format attached hereto and made a part hereof u Exhibit D. H. To be COlllidered for payment, billings for payment punuant to this conlract must be received within 60 days after the period for which payment is being requested and final billings on the c:ontnct lll1llt be received by the State within 60 days after the end of the Conlract term. I . Payments purllllllt to this c:ontnct sball be made as earned, in whole or in part, fiom available ftmda, cn:umbered for the pmcbase of the described services. The liability of the Slalc. II any time. for such payments shall be limited to the amount ,.,,..,;,. of IUCh encumbered funds. 2 . In the evm1 tbia c:on1nct ia terminaled, final payment to the Local Agerw:y may be wilbheld II the clilcrelion of the State until completion of final audit. 3. lncomct payments to the Local Agency due to omiaion, error, fraud. or clefalcalion lhall be recovered from the Local Ag«tey by deduction from IUblequent payment under tbia contract or other contrlcts between the State and Local Agerw:y, or by the State u a debt due to the State. 4 . Any coats incurred by the Local Agency that are not allowable under the Common Rule shall be reimbursed by the Local Agency, or ofuct against current obligations due by the State to the Local Agency, at the State's election. VD . mIE COMMITMENTS A. The State will provide liaiaon with the Local Ag«tey throup the State's Region Director, Region 6, 2000 South Holly Street, Denver, Colorado 80222, Telephone (303)-757-9251. Said Region Director will also be responsible for coordinating the State's activities under .9. this contract. Said Region Director will also issue a "Notice to Proceed" to the Local Agency for commencement of the Work. All communication 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. Until changed by notice in writing, all 'routine correspondence shall be addressed as follows : Ifto State: Ifto State : Kevin Hsu COOT Region 6-Design 2000 South Holly Street Denver, CO 80222 (303) 757-9931 Ron Buck COOT Region 6-Const 8833 S. Wadsworth Ct. Littleton, CO 80128 (303) 972-9112 Ifto the Local Agency: Dave Henderson City of Englewood 1000 Englewood Parkway Englewood, CO 80110 (303)-762-2506 B. The State will advance/reimburse the Local Agency for the federal-aid share of the project charges, as provided in Exhibit C. C. If the Work includes construction, the State. at its discretion, will review construction plans , special provisions and estimates and will cause the Local Agency to make those changes therein that the State determines are necessary to usure compliance with State and FHW A requirements. D. The State will perform a final project inspection prior to project acceptance aa a Quality Control/Assurance activity. When all project work bas been satisfactorily completed, the State will sign the FHW A form 1212. vm . LOCAL AGENCY COMMITMENTS A. DESIGN . I. If "the Work" ,i ncludes preliminary design, or final design (a.k.a. "construction plans"), or design work sheets , or special provisions and estimates (collectively referred to u "the Plans"), the party that is responsible under Section IV (either the Local Agency or the State) fo r the Plans\design shall comply with the following requirements, as applicable: 1. perform or provide the Plans, to the extent required by the nature of the Work. 2. prepare final design ("construction plans") in accord with the requirements of the latest edition of the American Allociation of State Hiahway Tl'llllpOl'tation Officials (AASHTO) manual . -10- 3. prepare special provisions and eltim.ates in accord with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction. 4 . 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. S. stamp the Plans produced by a Colorado Reaisterod ProfClllional Engineer. 6. provide final auembly of the Plans and contract documenta. 7. be responsible for the Plans being acc:unte and complete. 8. Make no further changes in the Plans following the award of the comtruction conlnlct except by agreement in writing botwoen the parties. The Plam shall be c:omidered final when approved IDd accepted by the parties hereto, and when final they shall be deaned incorporated herein. n. If the Local Ageooy is the responsible party: l. It shall afford the State ample opportunity to review the Plans and make any changes in the Plans as dirocted by the State to comply with FHW A requirements. 2. It may enter into a contract with a consultant to do all or Ill)' portion of the Plans and/or of comtruction adminillnlion. Provided, however, that if federal-aid tuoda are to participate in the COit of IUCh work to be done by a COIIIUltant, the Local Ager,q shall ensure that its procunmeat of dud COIIIUltlllt coatnct (and the performancelprovisi of the Plana under lhlll c:onnct) compliel with all applicable requirements of Title 23, Code ofFedeal RepJaticlne (CPll). Pmt 172, ( concerning the Adminiltration of Bnginoering and Deaign Rellled Service Contracts), and with any procedures implementing thole requirementl • provided by the State, including those described in Attachment #1, which ii incorporated herein by this reference . Those roquinmenta and procedures include, without limitation: a) it shall (or ita contractor shall) submit any c:omuJtant subcontract to COOT for approval prior to its execution by the Local Apncy,'Conlncto, 11 required by § 172 .S (d); -11- b) it shall ensure that all changes in the consultant contract shall be by written supplemental agreement and must have prior approval of the State and FHW A. 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 be similarly submitted; c) it shall require that all consultant billinp under that contract shall comply with the State's standardized conaultant billing format. Examples of the billing fonnats for the various methods of contract payment are lttacbcd bcmo as Attachment 2; d) it shall (or its contractor shall) also use the COOT proc:edun,s as deacribcd in Attachment # I to administer that design comultant subconlnct. to comply with § 172.S(b) and (d); e) it may expedite any COOT approval of its proclD'elJHlllt process and/or of its consultant contract by submitting a letter to COOT fiom the Local Agency's attorney and/or authorized rcprcsentative certifying compfuince with those COOT Attachment #1 procedures and with the requirements of§ 172.S(b) and (d). f) it shall ensure that its comultant contract complies with the requirements of 49 CFR 18.36 (i) and contains the required· proviliona u well as the following language which shall be included verbatim: I) "The design work under this coatract shaU be complbDlc with the requirements of a aeparate contract between the Local Apa,:y and the State (which is incorporated herein by this rcfaencc) for the design/construction of the project 1bc State is an inlendcd third party beneficiary of this contract for that plllp()le." 2) "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 raolution of construction problems that may arise during the consbUction of the project." -12- 3) "The consultant shall review the construction contractor's shop drawings for confonnance with the contract documents and compliance with the provisions of the State's publication, "Standard Specifications for Road and Bridge Construction", in connection with this work." B . CONSTRUCTION. I. If "the Work" includes construction, the party that is responsible under Section for the construction/construction administration IV (either the Local Agency or the State) shall perfonn the construction in accordance with the approved design plans and/or administer the construction all in accord with the projects Pre-construction and Construction Contract Administration Cbecltlists. Such administndion shall include project inspection and testing; approving soun:es of materials; performing required plant and shop inspections; docmnentation of contract payments, testing, and inlpection activities; preparing and approving pay estimates; preparing. approving, and securing the funding for contract modification orders (CMOs) and minor contract revisions (MCRs); processing contractor claims; construction supervision; and, meeting the Quality Control (QC) requirements of the FHW A/State stewardship program, all II more fillly described in the projecfs Pre-construction and Contract Administration Olecklista. II . If the Local Agency is the responstl>le party, it shall: 1. appoint a qualified profeasional engineer, licemed in the State of Colorado, 11 the Local Agency Project Engineer (LAPE), to perform that adminillration. The LAPE shall administer the project in accordance with this agreement, the requirements of the construction contract, and applicable State procedures. The LAPE may be an employee of the Local Agency or may be a comultant If the LAPE is an employee of the Local Agency, the LAPE shall be in responsible charge of the construction of the project (u provided in § 12-25-102 C.R.S. u amended), notwithstanding any exception described in § 12-25-103, C .R.S., u amended. 2. if bids are to be let for the construction of the project, the Local Agency shall in conjunction with the State advertise the call for bids and upon concurrence by the -13- State award the construction contract(s) to the low responsive, responsible bidder(s). a) ln dvertising and awarding the bid for the construction of a federal-aid project, the Local Agency shall comply with applicable requirements of23 U.S.C. § 112 and 23 C.F.R. § § 633 and 635. Those requirements include, without limitation, that the Local Agency/Contractor shall physically incorporate the entire "Form 1273" (which, if relevant to this contract, is attached) verbatim into any subcontract(s) for those services u terms and conditions tbcrcof, u required by 23 CFR 633.102(e). b) The Local Agency has the option to accept or reject the proposal of the low bidder for work on which competitive bids have been received. The Local Agency must declare the acceptance or rejection at the award confcrmce or within 3 working days after said bids arc publicly opened, whichever occurs later.) c) By indicating its concurrence in such award at the award conference, the Local Agency acting by or through its duly authorized rcprcsentativcs. 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 fimds will be made available for the project.) 3. if all or part of the constructio~ work is to be accomplilbed by Local Agency personnel Ci&., by "force account"), radtcr than by a contnctor pursuant to a contract with the Local Agency, the Local Apw;y will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements and wilil 23 C.F.R. Part 635, Subpart 8, "Force Account Construction". a) Such work will nonnally be based upon estimated quantities and firm unit prices agreed to between the Local Agency, the State and the FHW A in advance of the Work, u provided for in § 635.204(c). Such aarecd unit prices aball constitute a commitment u to the value of the Work to be performed. b) An alternative to (a) is that the Local Agency may l8l'OC to participat< in -14- • • C. I. the Work hued on actual costs of labor, oquipment rental, materiala supplies and supervision necessary to complete the Work. Where actual com are used, eligibility of cost items shall be evaluated for compliance with Federal Acquisition Regulations (FAR), 48 C.F.R. Part 31. c) Rental rates for publicly owned equipment will be determined in accordance with § 109.04 of the State's "Standard Specifications for Road and Bridge Construction". d) All force account work sball have prior approval of the State and/or FHW A and shall not be initiated until the State bu issued a written notice to proceed. ROW ACQUISITION/RELOCATION, If "the Work" includes right of way acquisition and/or relocation. the party that is responsible under Section IV (either the Local Aa-,:y or the State) for the right of way acquisition and/or relocation shall comply with the following requiremmts, • applicable: 1. prepare right-of-way plans that comply with Chapter 2 of the COOT Right of Way Mmual and Federal-Aid Policy Guide (FAPG) Chapter 1, Subcbapt« G, Part 630 Subpart B Attachment. The Local Agm,;y will be -,omal,le for right of way plans changes that are necesury to uaure compliance with State and FHW A requirements. 2. be responsible for the plans being accuraae and complete. II. If the Local Agency is the reapoasal,le party it sball: 1. perform its project right of way respomibilities in ICCOldance with the COOT Right of Way Manual, subject to the followiq conditions for compliaace with 23 CFR 710 and 23 CFR 712: L submit final right of way plans to COOT and obtain COOT approval thereof before starting appraisala for right of way acquisition. b. not perform appraisal review of pan:ols valued ovw $5,000.00. Sucb appraisal review will be the State's respouibility. -15- D. c. obtain authorization from COOT subsequent to appraisal review before undertaking negotiation activities . d . submit all administrative settlements proposed by the lA>c al Agency to COOT, and obtain COOT approval thereof, before executing the purchase agreement. e. perfonn appraisal and acquisition for the project. u required by § 24-S6- l Ol, et seq., C.R.S . However, if the State determines that such performance by the Local Agency will jeopardize or is jeopardizing distnl>ution of federal assistance funds, or that action by the State is necessary to comply with federal policy or procedures, then the State, in its discretion, may perform the acquisition and relocation assistance itself or may supervite and direct the Local Agency in the perfonnance of such acquisition and usistance. Prior to taking such action, the State will provide written notice to the Local Agency of the buis for such determination or action and will meet with the Local Ager,,:y to discuss possible remedial measures . f . certify in writing to the State prior to the project beina advCll1iaed for bids that all right of way has been acquired in accordance with the applicable State and Federal regulations, or that no additional right of way ia required. The "Check Points for Federal Participation in Right of Way Acquisition and lt.elocation" ia attached hereto and made a part hereof. UTILITIES . ' The Local Agency will be responsible for obtaining the proper clearmce or approval fiom any utility company which may become involved in this project. by ~ agreement between the lA>cal Agency and the utility, if necessary . Prior to tbi1 project being advertised for bids, the Local Agency will certify in writing to the State that all such clearances have been obtained. E. RAILROADS , In the event the project involves modification of a railroad company's facilities at a railroad grade crossing whereby the Work is to be accomplilbed by railroad compmy -16- F. forces, the Local Agency shall make timely application to the State 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 Local Agency shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of23 Code of Federal Regulations 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 propoecd installation. 4. Prescribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of the grade crossing. 5. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. ENVIRONMENTAL. The Local Agency shall perfonn all work in accord with the requirements of current federal and state environmental regulation. including the National Environmental Policy Act of 1969 (NEPA) as applicable. G. RECORD KEEPING, I. The Local Agency shall maintain all books, documents, papers, 11CCOUDtin& rocorda and other evidence pertaining to costs incwred and to make such materials available for inspection at all reasonable times during the contract period and for 3 years &om the date of final payment to the Local Agency. Copies of such records lhall be fumilbed by the Local Agency if requested. Il . The Local Agency shall, during all phases of the Work, permit duly autboru.ed aaents and employees of the Stale and the FHW A to inspect the project and to iDlpect. fflview and audit the project records. H . MAINTENANCE. -17- I. 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, and will make ample provision for such maintenance each year. Such maintenance and operations shall be in accordance with all applicable statutes and ordinances, and regulations promulgated thereunder, which define the Local Agency's obligation to maintain such improvements. The State and FHW A will make periodic inspections of the project to verify that such improvements are being adequately maintained. FEDERAL REQUIREMENTS. The Local Agency/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, u they currently exist and may hereafter be amended. which are incorporated herein by this reference u terms IJld conditions of this contract. The contractor shall also require compliance with these statutes and regulations in subgrmt agreements permitted under this contract. A listing of IIOIIIC of the federal and state laws that may be applicable, depending on the Local Agency/Contnctor wort respomibilitiea under this contract, are delcribed in ADDENDUM A. J. DBE REOUIREMENTS The Local Agency will comply with the requinmentl of Appandix B and the Construction Contract Administration Cbecklilt reprdina DBE reqainmmta tbr the work, except if the Local Apncy deairea to UN ita own DBE Propan to implement and administer the DBE provisions ofTitle 49 CFR Part 23 under this contnct, it mUlt submit a copy of its program's requirements to COOT for rmcw and appnml befCJre the execution of this contract. If the Local Agency usea its proanm for this contnct, the Local Agency shall be solely responsible to defend that DBE Propam and ita UN of that Program against all lepl and other chalJenaes or complainla, It its IOle CCIII and apcme. Such responsibility includes, without limitation, ddenninllioal COD011Dina DBE eligibility and certification, adequate lepl and factual bMea for DBE ..... 1M pd faith efforts . COOT ,pproval (if any) of the Local Apncy's DBE ,..._ doll not -18- waive or modify the sole responsibility of the Local Agency for its use as described above. K. LOCAL AGENCY FUNDS The Local Agency shall provide its match share and indirect cost funds for the work as outlined in Exhibit C. IX. GENERAL PROVISIONS A. Notwithstanding any consents or approvals given by the State for the Plana, 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 within the Work of this contract. B. If the Work involves construction. the State shall have the authority to IUapcnd the Work, wholly or in part, by giving written notice thereof to the Local Agea,;y, due to the failure of the Local Agency or its construction contractor to correct project conditions which an unsafe for the Workmen or for such periods as the State may deem neceuary due to unsuitable weather, or for conditions considered unsuitable for the proaecution of the Work. or for any other condition or reuoa deaned by the State to be in the public interest. C. This contract may be terminated u follows : 1. Tgmjpptjnn for Came, U: throuab any cw. the Local ~ all fail to fulfill, in a timely met proper manner, ita obliptiolll under tbil CCllllrlct. or if the Local Agency lhall violale any of the covarmta. aareemmta, or ltipu)aliou of this contract, the State shall thereupon have the ript lo terminllle lbia coalract for cause by giving written notice to the Local Aafa;y of ita inlmt lo terminate IDll at least ten (10) days opportunity to cure the default or lhow cw wby tmmNtion is otherwise not appropriate. In the event of tamiJwi,r,m. all ftnilbed or unfinished documents, data, ltUdica. uveya, dnlwiap. mapa, modela. photopapba, and repor1I or other maria1 pnpaNd by the lAICII As-:, ms. this contract shalt, at the option of the St.ale, bocomo ill propllty, IDll the Local Agency shall be entitled to rec ei ved juat and equitable ~ for any -19- services and supplies delivered and accepted. The Local Agency shall be obligated to return any payment advanced under the provisions of this contract. Notwithstanding above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency . It shall be grounds for the State to terminate this contract for cause, if after a period of two (2) years from the date of this contract, the Local Agency fails to substantially prosecute the wort outlined in the contract If after such termination it is detenninod, for any reason, that the Local ~Y wu not in default, or that the Local Agency's actionfmac:tion was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same u if the contract hid been terminated for convenience, as described herein. 2. Termination for Convenience, The State may terminate this contract at any time the State determines that the purposes of the distribution of funds under the contract would no longer be aerved by completion of the project. The State shall effect such termination by givins written notice of tennimlion to the Local Agem;y and specifying the effective date thcno( at least twenty (20) days before the effective date of such termination. 3. Tgmjoetjgg Due to Lop of fvodiDI The parties bereto caqmsly recopi7.e that the Local Apa;y is to be paid, reimbursed, or Olbmwile compensated with federal and/or State funds which are available to the State far the puq,oees of contracting for the project provided' for bcRin, and tberefcn, the Local A.g,t:sy expressly understands and agreea that all i1I rights, demands and claims to compensation arising under this contract are contingent upon availability of such funds to the State . In he event that such ftmds or any part thereof are not available to the State, the State may immodiately terminate or amend this cootnct. D. Notwithslanding anything herein to the conmry, the parties uodeiltabd and aaree that all terms and conditions of this contract and attachments hereto which may require c:oalinued perfonnance or compliance be)'ond the termination dale of the COllll1ICt sball survive such .2(). tennination 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. E. 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 specifically provided otherwise herein, 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 ind approved in accordance with applicable law. F. 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 tenn or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other tenn or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. G. This contract is intended u the complete integration of all undentandings between the parties. No prior or contemporaneous addition, deletion, or other amendment ba'eto sball have any force or effect wbmoever, unless embodied herein by writina-No sublequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved putsuant to the State Fiscal Rules. H. Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective SIICCCSIOl'S and aaipa. I. The Local Agency represents and warrants that it cumntly bu no interelt, and lhall not acquire any interest, direct or indirect, that would conflict in any manner or dea,ee with the performance of the Local Agency's obligations under this contnct. The Local Agency's further covenants that, in the performance of this contract, it will not employ any person or firm having any such known interests. -21- J. Thia contract shall become "effective" only upon the date it is executed by the State Controller, or designee. The tam of this contract shall begin on the date first written above and shall continue through the completion and final acceptance of this project by the State, FHWA and Local Agency. K. The Special Provisions, Attachment LO (Certification for Federal-Aid Contracts), and . Appendix B (DBE requirements) and Addendum B, Contract Modification Tools attached hereto are hereby made a part of this contract. The Local Ageo,;:y shall comply with all applicable terms and conditions of such attachmenta. L. If a conflict occurs between the provisions of this contract proper and the attachments hereto, the priority to be used to resolve such a conffict shall be u follows: I. The Special Provisions and the attachments enumeratod in Section VI. paragraph K, above; and 2. Thia contract proper; 3 . Other contract exhibits and attachments. in delCallting order of their altlcbment. M. It is expressly undentoocl and agreed that the enforcement of the terms and conditions of this contract, and all rights of action relating to such enfon:ement, sball be llrictly reserved to the parties hereto, and DOlbina CODll!ad in this CODlnct lbaU p or allow any such claim or ript of action by any otber or tbiJd pcnon on u:b CCNlblct. It ii the expreu intention of the parti• dlll my penoa or entity other tbaa lbe pa1iel naivina services or benefits under this coalnct be clemlecl to be an inc:icleatal blllefic:ilry anly. N . The Local Agency IIIUl'CI and guarantees that it pot1et1• the lepl aulbarity to 11111r inlo this contract. The Local Aae,w;y warrants that it has •en all actiom required by its proceclurea. by-laws, and/or applicable law to aercile that llllbority, and IO lawfully authorize its undersipcd signalOIY to CXCCUIC this contnct IDd to bind the Local AafD;y to its terms. The person(•) executing this COlllrlct on bebalf of the Local Apa,:y warrants that they have full authorization to execute this CODlnlCl. -22 - IN WITNESS WHEREOF, the parties hereto have executed lhil conttact the day and year first above written. AITEST: By _____ ~ Chief Clerk ARTHUR L. BARNHART State Controller ATTEST: (SEAL) Title ____ _ STATE OF COLORADO BILL OWENS, GOVERNOR By _______ ~ Executive Direclor DEPARTMENT OF TRANSPORTATION APPROVED: KEN SALAZAR. Attorney General CITY OP ENGLEWOOD, COl.OltM>O By ________ _ Title _______ _ Federal Employ.-ldllllificlltion Number: 846000583 .23. Colorado Department ofTnineportatlon Oltgln 0..: 12/27/2001 Project code: 12744 STIP number: i:>ESiGN DATA RawlNO.: Project rvnller. M395.ool PE......_.r.-PE---011e1rtc 01ng11et1 Aawlllorl I: -- Page1 Region: 06 r-'-II II• ~I I ft Ill 1 Al IH~l 1 •• Slalua: e pre11m1na1y O hi Omtuc1 Projecl dacnpllon :UNIVERSn'Y BLVD. SJDBWALKS l'Npl,wd by. Rftleedby. Dave Hendcnon ~1: 1Counly2: Counly3: Daw. 12118/200 I Date: ~ Submllled by Proj.Ma ~ by PNCOnStruc11on EngiMs: Syam code: Q 1M QNHS .STP QOTHER o-lgtll: • COOT QFHWA OOTHEA Dale: 1212712001 Pllmed lalglh: 0.6 Oeogn,phlc lor.atlon: UNIVERSITY BOULEVARD NORllf OF DARThlOl.TIH TO US-285 T.,,.. -0 i..w.l QP!an 0 Aoang • Urbal o..,..._. ~olprapoMCI ~ (lllachmap ltlCN*ig lile loclillan) lllllllllllion of s· wide sidewalk alofts die -side of s. Uniwnicy Blvd. lmlallalioD of hladlc:lp ramps II Clllb lffllml wilh auoc:illed lncidenlal work. iDCludins lelocalion of ...... lnffic: sipala. and curt, cut -.:ilOL Trafflc (Nole: -COlumna A. 8 , and/or C 10 lder1lly tacay dNCllbed b11ow1 Cunnyaa: Fuueyaa: ------F-locllarl Feclllly MTr DNV DNV-...._ M1f I DNV lndullllll ......... °'* A I D D :I D • I u u _J J C I C [] ::J I lldwyClaa llaula .... ......... l'UIIClllonal 1l111•aa•an ,....,.,... flunll ooCla 1. 2- a. DNlgll ...... (lclanlly .._._., ...... a~ In 181 oalurnn 111d dally In ..... , A • •· Cs Sllndanl Ellllllng ·-t-... ........ ...... l'ftlpoaad .__ ........ e... ........ D Surtace- B Typlc:al _.., Ip ,o1 ........ D Wtdllolnwel .... D Sllcuder wd. l.hnedlan B Shoollda, wd rUoulllde Side -dist IYl D ......... D Posled~ B Desigr,~ Mu.s........., D Min .... D Ian. horilOfllll Nd 8 Min ---Mu.gt* P,qectunder O IR Q 3R Q 4R 0 0tier: Clilalla e..,...-.-------ov. 0 No V-• "'"""""""'dlelgrl_.,. ~Q Y•. No D a..y Pl'Dtld eoinn..: R Julricaon _... R Aecal*' 10 • ......., .......... 8ndQe 1-i11n1 4 ) S.. ,_... ........ . IJ S..~ ~p,oiem n Aeco,,,,, .. -.__,,....iy ....-...... c:oor..... ... 'age 2 Pnljecl Code: 12744 I Pnljecl Nlanbet: M39~ IRNMO.: g...,; ...... . S....r._.Aatobe-"'° C lndW-I 81andlld Slnldln Hollzionlll v ... v-----,--1........... --Wldll -..... a... a... IMll ' PTOpOMd _.,_. o1 bridgea to l9II\M'I 1n p1se 1..-.. llfldge rail, capecity, and 11ow11b1e aurfaoe '**'-I ~Pnitect Cllarac1arls1lc (plOpoMd) Mec1a111ype: 0 ___. 0 pa1n11c1 o ...... Onono -I llltllalna l'--m , .. -ITllllllc am*d - CUit, and -· euit,o,w ll..lft-tumllala ,,~ ...... .;• Skle ..... wldlh. S' -wldll· ,_-tum __ II~ 'lllldll• 1,...,,..,g lane wldlh • Oabn -I ICGnllrUCllon I raquiNfMIIII: (delcltpllon) UIIW: ( I ..... ., . ., v. No Eat.No. .&-.e (llat-ol~ua,-..-1 ROW Md/or 1181ffl: -raqund: 0 • Xcel BDmaY. 0. .t l!leclrtc Dilalballaa. Qwm C-., Ralocallol, rwqind: 0 • AT&T.....,_., 0.-W-.,.., 0.--W-- Tempo,ary-raqund: 0 • Mm·r-v a...y Hilb 111111111 W1111r .t SailaliaD Dill. QwlgN In acceA: 0 • QwlgN to comec1lng 1'1*11: 0 • lilRallroad cnialnp ' ol CftlNlnga: Aalkoad Name ...-ci "'-II Dllllldlan Conlllall cl - 1 u 2 u 3 . D 4 u ~Idalia•: ' ,. l!nvtr-. Type: CE Programmalic Cal9gorical EJdualon I : 23 CFR n1.117 parag,aph (C) (3) 128 lnlliatlon 0..:01/14/2002 ~Dale: a..-Aclall Dale: eon-ts : g Coordination Withdrawn lands (power sites, ,-voirs, etc.) c:INNd lvough Bl.M toi..1.-lllce olllcll I llriglllan cllcfl -= New 1rafllc ordinance raqulr9d I I I Midy echedlN cl Ulllng Cll'dlrwa I Other. Ill Construdlon method noAdRealon: 0 DNqi Q l.ocll F/A ~llelllflYW-0.... ........ Advemsed by: Q Slate Q P.O. QMF/A • Local 0 Study Q l,ayF/A Pia....-.: ]03.762.2506 Q None Q CDOTF/A o ....... _ lr;IAemertca (I nclude liddl1lonal 111111N if IINded) Or lglnel lo: c... .. A TI ACHMJ:NT #I THE LOCAL AGENCY SHALL USE Tlll:SI PROCIDURIS TO IMPLEMENT RDERAL-AID PROJECT AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES Title 23 Code of Federal Regulatio111 (CFR) 172 applies to a fcdcrally funded local agency project agreement administered by COOT !bat involves professional consultant services . 23 CFR 172 and 23 CFR I 72(d) stale !bat, "When federal-aid highway funds participate in the colllracl • local shall use the same procedures u used by the Slate to administer contracts ... •. Therefore, local agencies D1St coq,ly with this CFR requirement and the followin& state procedures when obtaining professional comultant services UDdcr a federally funded consultanl CODlrlct administcrcd by COOT. COOT bu fomulated its procedures in Proc:cduraJ Directive (P.O .) 400.1 and the related opentioos guidebook titled "Obtaining Professional Colllllitant Services". This directive and guidebook incorporate rcquircmenta from bod! Federal and State regulations, i.e ., 23 CFR 172 and Colorado RevilCd Statute (C.R.S.) 24-30-1401 et teq. Copies oftbe directive and the guidebook may be obtained upon request from CDOTs Agreements and Consultant Management Unit [Local agencies should have their own written procedures on file for each method of procurement that addresses the itmns in 23 CFR 172 .S(b)(l-6)). Because the procedures and laws described in the Procedural Directive and the guidebook arc quite lengthy, the subsequent steps serve as a short-band guide to COOT procedures that a local agency Jlllllt follow in obtaiaina professional consultant services. This guidance follows the format of 23 CFR 172 . Tbe steps arc: 1. Tbe contracting local agency shall document the need for obtaining professional services . 2. Prior to solicitation for comultanl services, the COlllrac:ting local agency shall develop a detailed scope of wort and a list of evaluation factors and their relative importance. Tbe evaluation ficton arc dlOle identified in C.R.S . 24-30-1403 . Also,• detailed cost estimate should be prepared for use durina acgociations. 3 . The contracting agency nmst advertise for contracts in conformity with the rcquircmeall ofC.R.S. 24-30-140S . The public notice period, when such notice is required, is • minimml of IS days prior 1D the selectioa of the tine most qualified firms and the advertising should be done in one or 1111n daily~ or .-.I cin:ulatiaa. 4 . The request for consultant services should include the scope of work, tbe evalualioa filc1IOla ad their relative importance, the method of payment, and the goal often percent (10%) Disadvmtapd Blllinea EmerprilC (DBE) participation as • minimun for tbe project S . The analy,is and selection oftbe consultants should be done in acconlacc with C.R.S. 24-30-1403 . Tllil sectioa of the regulation identifies tbe crileria to be used in tbe evalualioD of COOT pre-qualifted prime --... md their team. It also shows which criteria arc used to abort-list and to make a final selection. The shon-list is based on the following evaluation factors : a. Qualifications, b. Approach to the project, c. Ability to furnish professional services . d. Anticipated design concepU, and e. Alternative methods of approach for furnishing the professional services. Evaluat ion fac ton for final selection arc the consultant's: a. Abilities of their personnel, b . Past performance, c. w illinpcss to meet the time and budaet rcquircment. d. Location. e. Current and projected work load, f . Volume of previously awuded contracts. and g. Involvement of minority consultants. uwc :z+JO-J1fl. -,w"' be nzrtdznt. I,.." IN IDMlt'e ,,_ C ,: rs IIUIQUIU1> av u en 6>J.1oz - 6. Once a c:oaaultant ii aelecled, die local qeocy eaten into neao«ialiom with die COIIIUltmt fD obtain a fur and leumablc price far die aalicipulcl ..t. l'IHqoeiation audl1a are pnpnd far CCNm'ICII apectlld tlD be ..- dlla $50,000. Pedenl Nia**' • far COiia are limited 11D dlDle Cllltl lllowlllll ader 1111 Cllllt priDcipla of 48 CFlt 31. Filled feel (pn,ftt) are delllimiued with c-1denrioa &nm IO me, camplaity, dunliaD, and depee of risk iDvoMd in the ..t. Profit ii in die range oflix (6) 10 fifteen (15) peramt oftbe 1DCal direct and indirect COiia . 7 . A qualified local qeocy eq,loyee lball be rapomible and in chirp of die project IO emn that die wodt beina punued ii ~-accunle, and c:omillllll wilh die 1111111, ooadiliom, and ,pecifalioaa oflbe w. At .. end of project, die local aacacY prepares a pafonmDce evalllllion (a COOT form ii available) oa die.._.,..,. 8. Each c,f die *"' lilted a11ove ii to be doc,PJN'DCecl in acc.adaace with lbe ~ or 49 en 11.42, which pvvide far rec:ordl IO be apt at 1eut tine (3) )"1111 liOln tbe !Im that lbe local lpllCY IUbmila ill llml expeadilure n,port. lleconll of projectl UDller tiliplioG all be bpt at 1eut dne (3) )"1111 lfter .. _ 1m been aetded. Tbc C.R.S. 24-30-1401 tbroup 24-30-1408, 23 en Part 172. llld P .D. 400.1, pnmduddilioml detaila far-.,lyms with the eight (8) 111p1 jult disc:uued. laQlaaft :UCRm ... - PRECQNSTRUCTIQN AQMINISTRADQN CREQQJST Region: ______ _,._ ____ Project Code#: 12744 Local Agency: Englewood COOT Design Proj. Mgr.: Kevin Hsu COOT Resident Ensineer: Ron Buck Project #: M39S-004 Location: Univqsity Blyd.. Dartmouth to US 28S Pescription: Sidewalk pl BNDPI The following checldiat shall be utili7.ecl to establish the PRECONSTRUCTION ADMINISTRATION QfflQCT 1ST relpODll'bilitics of the individual parties to this agreement. RESPONSIBLE PARTY LOCAL HQ.. DESCRIPTION OF TASK AGENCY rmI l. Transportation Improvement Program(T.LP.) 2. Design Data (COOT Form #463) ............................... . 3. Funding Authorization ....................................... . 4. LNCOOT Project Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...X.. .JL 5. Utility, Railroad, and Consultant Agreements . . .. .. . .. .. . . .. .. . .. .. . . ...X.. .JL 6. Consultant Selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...X.. .JL 7. Field Inspection Review (FIR) .. .. . . .. .. .. .. .. .. . . .. . .. .. .. . . . .. ...X.. .JL 8. Public Hearings ............................................. . 9. EnviroruncntalProccsscs ..................................... . 10. Design Approval ............................................ . 11. 12 . Final Office Review (FOR) Force Account Justification 13 . Proprietary Item Justification .................................. . 14 . Davis-Bacon Wage Rates (...x..Ycs _No) ....................... . ..x.. ...x.. ...x.. ...x.. ...x.. .JL .JL .JL .JL ..L 15 . Design Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ...X.. .JL Page2 PRECONSTRUCTION ADMINISTRATION CHECKLIST HQ. DESCRIPTION OF TASK 16. Rights-of-Way ............................................. . 17. Plans, Specifications and Construction Cost Estimates .............. . 18. EEO/DBE Requirements ......................•.•..•.......... 19. Advertising Less 1ban Three Weeks ............................ . 20. LA Ad and Award .......................................... . 21. Constniction Adrninisttation .................................. . _x_ Final Cbccldiat Date: 12Jl7/0l _ Revised Cbecklill Date: _____ __. # Requires COOT rcvicw/concWTCDCelapprovaVinvolvement. • Requires FHW A concurrcnce/'mvolvernent. 04/29/96 Rev . 11/98 RESPONSIBLE PARTY LOCAL AGENCT tDOI _x_ .JL _x_ _L ..x.. _x_ _L _x_ _L _x_ CONSTRUCTION COHTRACT ADIIINISTRATION CIIBClt LIST Page 1 Project Code (SAi) 1 __ ,_~_,_~_{ __ _ Local .Agency1 £~\•..itts.\ Project No.: M,US: -eo4 CDOT Reaident Bngineer1 R,n lhuk Location: u ... ~llf<II~ '21A 'bk:\: ..... t~ ~ ' II t lt Local .Agency Project Managera)A:N, \tt:,~Hcription: S':~c:,,1.,.1\c; i B•"f' The following check list shall be utilized to establish the COlfSTRUCTIOR COllTRACT ADIIDIISTRATION responsibilities of the individual parties for this project. TIIB CBJ:Clt LIST SHALL a• DICORPOltATlm Ilft'O TD D'l'ITY ACD.......r AT PROJSCT I1'CBPTIOH. TD CIIBCJt LJ:ST SHALL a• PRBPARm> BY PLACDIG Alf lt UIIDD TD USPOHSIBLa AGDCY, OPPOSITB DCB or TD TASltS LISTlm BIILON. Mlen COOT is selected to be responsible or co-responsible by option, the method oL the Local Agency's reimbursement for COOT'S costs must be established. 'lfBSN A TASlt oo•s NOT APPLY TO TD PROJSCT, J.ION-APPLICABLS (RA) SHALL 811 PLACBD UNDO 80TB AGDCI•s, AND Alf BXPLAHATION OP 11111' J:T IS ROT APPLICABLS SBALL a• INCLUDBD. TASltS WIIICB NILL a• PDPORJIBD BY DADQUARTBRS STAFF NILL a• 80 DIDICATlm ON TIIJ:S CIIBClt LJ:ST. TD RSGJ:OR IN ACCOIU)AlfCS WITH BSTABLISIIBD POLICJ:U AND PRC>CmUUS, WIID APPLICABL•, SDLL DIITDJII1U 11RO NILL PDPOIQI ALL OTDR TASltS WIIICB US TD USPONSIBJ:LITY or CDOT. TD RBSIDlllff DGIHSD OR CDOT DUIQRD SHALL J:Dlllfflft AND IIO'nft TD APPROPRIATB STAmOLDDS, AND TBos• ON TD IIDfDIUII DISTRIBUTION LJ:ST am.ow. or rIBLD J:NSPBCTION RSVISWS (r.J:.R.) AND l'DGL OffICS RffJ:SWB (r.o.R.) FOR ALL LOCAL AGBNCY PROJBCTS. INSTRUCTIONS TO INITIATB THB CBBClt LIST AND Ir TD CONTRACT ADlllNISTltATION RBSPONSIBILITIBS HAVB CBAHGBD: A preliminary check list shall be prepared by the CDOT Resident Bngineer (RE) with the COOT Design PM, in cooperation with the LAPM, prior to the F.I.R. and submitted to the Region Program ngineer (RPE) with the F.I.R. notice. If Contract Administration responsibilities are changed after the F.I .R., the COOT RE, in cooperation with the LAPM, shall prepare a revised check list and distribute copies. The CDOT RE shall prepare the rnaL check list prior to the F.O.R. and submit copies to all persons receiving the F.O .R. notice . The minimum distribution list is shown below. COPT1 CDOT U/ .. • CONTRACT ADMINISTRATION CHECK LIST PAGE 2 ** RSSPOHSIBLS PAllTY LOCAL RO. DSSCRXPTIOH OJ' TASlt ~ CDOT 1. Set Disadvantaged Business Enterprise (DBE) goals for the project. (COOT Region EEO Administrative Program Specialist) 2. Set On Job Training (OJT) goals for the project. (COOT Region EEO Administrative Program Specialist when COOT is responsible.) 3. Assure the correct Federal Wage Decisions, all required DBE/OJT Special Provisions and the FHWA Form 1273 are included in the Contract documents. (COOT RE or Designer) This project is exempt from Davis-Bacon requirements as determined by the functional classification of the project location. (Note: Projects located on local roads and rural minor collectors may be exempt.) COOT RE or Designer Date 4. Advertise for bids/open bids. (COOT Construction Contracts Unit, Staff Design Branch, when COOT is responsible.) 5. Distribute •bid set• of plans and specifications to the person responsible for showing the project. (COOT Printing and Visual Connunications Center, Division of Human Resources and Administration when COOT is responsible.) 6. Review work site and plan details with prospective bidders while .project is under advertisement. (CDOT Resident Engineer when CDOT is responsible.) ** NOTB: Only one responsible party should be selected. If both are selected, a •upplemantal agre...nt specifying what task details are the responsibility of each party shall be attached to the Check List. When CDOT is responsible or co-responsible by option, the method of the Local Agency's reimbursement for CDOT's costs must be established by an attached Memorandum of Understanding (MOU). X X )l )( CONTRACT ADMINISTRATION CHECK LIST PAGE 3 •• USPOXSIBL• PARTY LOCAL NO. DHCRIPTIOR 01' TASlt 7. Determine compliance with DBE requirements before the Contract is awarded: a. b. c. Check COOT Form #715 -Certificate of Proposed DBE Participation, when the low bidder meets DBE goals. (CDOT Buainesa Programs Office, (303)757-9234, Room 287, Division of Human Resources and Administration) Evaluate COOT Form #718 -DBE Good Faith Effort Documentation, and determine if the Contractor has made a good faith effort when the low bidder does not meet DBE goals. (COOT Business Programs Office) Approve/disapprove award of Contract by completing COOT Form #719 -DBE Participation Summary. THIS FORM MUST BE COMPLETED BEFORE THE CONTRACT IS AWARDED. (COOT Business Programs Office) 8. Approve rejection of low bidder ... 9. Award Contract (COOT Construction Contracts Unit, Staff Design Branch, when COOT is responsible.) .lamtcr CDOT 10 . Distribute [number: minimum of six (6)) . . . . ~ ** •award sets°'ii"c,f plans and specifications to COOT Resident Engineer. (Further distribution will then be made to the Region Program Engineer (RPE), COOT Staff Construction & Materials (2 sets), the Region Materials Engineer (RME), and others as required. COOT Printing and Visual Conwnunications Center, Division of Human Resources and Administration when COOT is responsible.) NOTE: Only one responsible party should be aelected. Refer to page 2 for additional information. CONTRACT ADMINISTRATION CHECK LIST PAGE 4 •• RUPOIISIBLII PARTY LOCAL 1IO. pSSCRXl'TIOlf 01' TASlt 11. Issue •Notice to Proceed• to the Contractor. (COOT Construction Contracts Unit, Staff Design Branch, when COOT is responsible.) 12. Conferences: a. Preconstruction (Request Preconstruction packet of information from Region EBO Administrative Program Specialist prior to the conference. COOT Resident Engineer when COOT is responsible.) b. Partnering c. Presurvey: (1) Construction staking (2) Monumentation d. Structural concrete prepour e. Concrete pavement prepaving f. HBP prepaving 13. Supervision of construction: a. Professional Engineer (PB) registered in Colorado, who will be •in responsible charge of construction supervision• . AGaC'r CDOT . .l.... " ..L )C ....L Local Agency PE or CDOT RB/PE .s,J -Tt1-u-., Phone number •• If Consultant, company: b . Develop and distribute public notice of planned construction to the media and local residents . NO'l'llz Only one responsible party should be selected. Refer to page 2 for additional information. CONTRACT ADMINISTRATION CHECK LIST PAGE 5 ** RBSPOlfSIBL• PARTY LOCAL RO. D•SCllIPTIOH 01' TASlt MDllCT CD0'1' c. ** Competent, experienced, staff who will . . . ~ ensure the Contract work is constructed in accordance with COOT policies, standards and procedures. (Refer to the COOT Procedural Directives and the following COOT Operating Manuals for guidance and assistance -COOT Local Agency Federal Aid Construction Manual, COOT Construction Manual, COOT Field Materials Manual, COOT Survey Manual, COOT Standard Plans, COOT Erosion Control Manual, COOT Davis-Bacon Manual, COOT EEO/Labor Compliance Manual) ( 1) COOT Form #205 -Sublet Permit Application: (a) Check COOT Form #713 -Contractor DBE Subcontract, Supply and Service Contract Statement. Sign Form #205 if Form #713 is complete. (COOT Region EEO Administrative Program Specialist) (b) Check and sign approval of Form #205 . after a rm #713 has been checked by the Region EEO Administrative Program Specialist. ( 2) Construction inspection including calculations, measurements, and documentation of interim and final pay quantities. ( 3) Conduct Contractor/Subcontractors reviews to ensure conformance with the Equal Employment Opportunity(EEO) /Affirmative Action(AA)/DBE/OJT requirements contained in the Contract. (Standard Special Provisions, Project Special Provisions and FHWA Form 1273) (COOT Region EEO Administrative Program Specialist) NOTS, Only one responsible party should be selected. Refer to page 2 for additional information. X lt •• CONTRACT ADMINISTRATION CHECK LIST PAGE 6 ( 4) Notify COOT Region EEO Administrative .Jl.. Program Specialist and request assistance for all EEO/DBE/OJT/ Davis-Bacon questions or concerns. ( 5) Complete and submit to the CDOT Region JL.. EEO Administrative Program Specialist, the required number of COOT Form #280 - Equal Bn1>loyment Opportunity and Labor Compliance Verification. ( 6) Monitor DBE participation to ensure compliance with the •connercially Useful Function• requirements.· ( 7) Complete and submit to the COOT Region X EEO Administrative program Specialist, the applicable number COOT Form 1200 - OJT Training Questionnaire, when project utilizes OJTs. ( 8) Check certified payroll• to verify. . ~ Contractor/subcontractors are in cOlll)liance with Contract requirements. The checking shall be completed by project personnel trained in payroll checking. (Contact the Region BBO Administrative Program Specialist for training requirements.) ( 9) Coordinate submittal& by Contractor ..x__ and all subcontractors of FHWA Form 1391 (Highway Construction Contractor's Annual EEO Report) to the CDOT Region EEO Administrative Program Specialist. The Report is due to the Region EEO Administrative Program Specialist by August 10 for all construction projects Active during the last complete week of July . NOTS , Only o ne responsible party ehould be •elected. Refer to page 2 for additional info1111Ation. •• CONTRACT ADMINISTRATION CHECK LIST PAGE 7 DUCRXP'l':IOR or TASlt (10) Materials: (a) CDOT Form #250 - Materials Documentation Record: I) Fill out and distribute CDOT .JL. Form #250 before the Contractor conmencea work. II) Complete Form #250 after work .JL. is completed and distribute per instructions in the CDOT Field Materials Manual. (b) Approve changes to typical section .. (c) Development, Checking, and Design mix approvals: I) Concrete II) Hot Bituminous Pavement (HBP). (d) Acceptance of manufactured products. (e) Inspecting fabrication of structural steel and prestressed concrete structural cOUl)Onents. (f) Inspecting fabrication of bearing devices. (g) Laboratory Check testing (h) Accept ance testing .. (i) Independent assurance testing .JL. (The LA shall ua AASHTO accredited laboratories. The IAT lab shall not be the same lab as the acceptance lab. The LA shall develop, ~lete, and distribute the CD0T Pox,n 1379 -Project Independent Aaaurance Sa11pling Schedule.) NOTS1 Only one responsible party should be selected. Refer to page l for additional infc,...tion. CONTRACT ADMINISTRATION CHECK LIST PAGE 8 •• USPORSIBLS PARTY LOCAL HO. DSSCRIPTION 01' TASJt ACDRCY CDO'l' (11) Approve sources of materials (12) Approve shop drawings (13) Perform Traffic Control Inspections (14) Approve traffic signal equipment (15) Construction surveying (16) ROW monumentation (17) Prepare, approve and sign vouchers _K_ •• (18) for interim and final Contractor pay estimates. (COOT Resident Engineer and Region Finals Engineer if COOT is responsible.) Provide the name(s) and phone number(s) of The person(s) authorized for this task. 1) A ,11,l ~ I!\ .lM • t\ LA Administrator LAPE )• J • 'f CI • U"e' Phone Number Phone Number Prepare, approve and sign vouchers for interim and final Utility Company billings for utility relocation work. (19) Prepare and authorize Change Orders: i.e. COOT Form #94 -Minor Contract Revision (MCR) and COOT Form #90 - Contract Modification Order (CMO) (20) Approve Change Orders (MCRs and CMOs) (21) Approve Federal-Aid funding for MCRs/CMOs. (22) Monitor project financial status and .. submit monthly in a format acceptable to the Region , such as COOT Form #65a ·· Project Financial Status Report . NOTS: Only one responsible party should be •elected. Re fe r to page 2 for addit i onal information. )( X CONTRACT ADMINISTRATION CHECK LIST PAGE 9 ** USPONSIBLB PARTY LOCAL NO. DBSCRIPTION or TASJt 14. (23) Prepare and submit monthly progress reports to the Region Finals Engineer: COOT Form #llOa -Status of Active Construction Projects, and CDOT Form #517a -Status of Construction Project Finals. Due by the 1st of each month. (24) Contractor claims/dispute resolution Local Agency must follow COOT procedures unless Section 105.17 of the Standard Specifications is modified by a Project Special Provision. ALL contract• let for bid by the Local .lqency ahall contain a project apecial proviaion removing CDOT from the reaolution proc•••· Make monthly progress and final payments to the Contractor for completed work. (CDOT Center for Accounting, Division of Human Resources and Administration when CDOT is responsible.) MaNC!' CDOT )( ...lL 15. Make monthly progress and final payments to. . ~ Utility Companies for completed utility relocation work. (COOT Center for Accounting, Division of Human Resources and Administration when COOT is responsible.) 16. Conduct routine, random, project reviews . . . . X •• to ensure the project is being administered in accordance with the terms of the construction Contract and the approved project specific agreement between COOT and the local agency. Provide the name and phone number of the person respons i ble for this task. Name of LA or COOT RE/PE l•l-1Ct• U'•' Phone Number NOTB: Only one r esponsible party should be selected. Re f er t o page 2 for additional information . CONTRACT ADMINISTRATION CHECK LIST PAGE 10 ** RIISPOBSIBL• PARTY LOCAL ~ D•SCRIPTIOB or TASlt 17. Joint FHWA/CDOT Quality Assurance (QA) Review Teams will conduct select program reviews in accordance with COOT'S Stewardship Plan. (COOT Staff Construction & Materials) 18. Conduct final project inspection, complete and submit COOT Form #1212a -Final Acceptance Report. COOT Resident Engineer with mandatory LA participation. 19. Final project acceptance, write final project acceptance letter and distribute per · procedures in the COOT Construction Manual. 20. Advertise for final settlement. (COOT Staff Construction when COOT is responsible.) 21. Prepare and distribute final •as constructed• plans per procedures in the Construction Manual. Retain original cross sections with final documents. 22. Check final quantities, final plans and the .... final pay estimate. , 23. Sign final pay estimate sheets and voucher. 24. Check material records. 25. Submit final materials certification. 26. Obtain COOT Form #17 -Contractor DBE Payment Certification, from the Contractor and submit to Region Program/Finals Engineer. 27. Obtain FHWA Form PR 47 (Statement of Materials and Labor Used ... ) from the Contractor, check and submit to Region Program/Finals Engineer. (UQUIRBD ONLY Olf IIJIS PROJaCTS WITH TOTAL PINAL PAYKmrr axc•aoIBG $1,000,000.) 28 . Complete and submit COOT Form #950 - Project Closure. 29 . Retain project records. (For six years from date of project cloGure.) •• HOTS1 Only one responsible party should be •elected. MDNCr CI>OT X 1- -2. _L i_ .L. X .JL .i.. i t , • • FHWA-1273 BIOoric \Wl6on -Mlfdt 10, , .. FHWA Form 1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General ....... ...... .............. ........ ..... ... ... .......... ......... 1 II. Nondllcrtmlnallon .................................................. 1 Ill . Nonl8Ql9Qll1lld Fadltties..... ....... ........ ................... 3 IV . ~t of Pnlclelermlned Minimum Wage .......... 3 V. Sta""*'111 and Paynilla .......... ..... ...... ........ .......... 8 VI. Record of Mawlals, Supplies, and Labor .............. 6 VII . Subletllng or Aaaignlng lhe Contrac:t ..................... 7 VIII . Safety: Acddent "-lion ................................. 7 IX . Falsa Statementa Conc:eming Highway Projectl ... 7 X. !~talion of Clean 1w Act and Federal Water Pollution Control Act ................................................... 8 XI . Cerltlcallon Regarding~ Sulpenslon, lnellglbttity. and Volunlary Exclusion ................. .................... 8 XII . Certlllcallon ~ UM of Contrac:t Fundl for Lobbying ................................................................................ 9 ATTACHMENTS A. Employment ~ for Appalachian Contracta (Included In Appalachian con1nlcta only) I. GENERAL 1 . T1-contract piovilions shall apply ID II -1< perfonned on lhe contract by lhe contrador'a own organization and wffh lhe aa1atance of worurs under lhe connclar's Immediate supertnlllndenc:e and ID al worll performed an lie contract by piecawork, Italian work, or by aubcantract. 2. Except • ae.wlle pravk1ed fur In aech seclan. lie contractor lhal 11-1 In aech IUbcannct al of lie lllpulallarw contaned In ._ ~ Cannct Plvvlalana, and ulW reqin !heir 1nc:1u11an In any iaw. 11r IUbcannct ar purc1ae order Iha! may In un ba made. The ~ Connet flnM. sians shall nat ba lncorpalatad by ....,_ In any -· TIie prime conlraclor shall ba ,IIPClfllllla for _.....,.. by any subconlraclor ar iaw. tier aubcanractor will 11w Raqusad Contract Provtaicna. 3. A bf9ac:II of any of lhe lllpulallana cantalnad In '*8 Required Contract f'nMllanl shall ba aulllclent greundl for termlnallan of lhe contrac:t. 4 . A brNc:11 of lhe lalawlng dal.-of the Raqusad Contract Pl'Ollillana may aao ba grounds for debarment • provided in 29 CFR 5.12: Sectian I, paragraph 2: Sectian IV, paragrapha 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. s. Disputes arising aut of lhe labor atandardl prOllilionl al Section IV (except paragraph 5) and Sedlarl V al '*8 Required ConlraC:1 Provlalana shall nat ba M,bjecl ID lhe general dispulM daule of lhia aannc:l Suell dllplllll .... ba resdved In acccrdanca will lhe pracedlna al the U.S. Department of Labar (DOI.) • Ml b111 In 211 CFR 5, I. and 7. Oisputas within lhe -*IQ of lhia daule lnduda _.. be_,, lhe contrac:tor (or any of Ila IUbcur•......,.> and lhe contracting agency, lhe OOL. or lhe cx,n......,., e,'llplayw or thelr represw,tativel. 6 . Selectlan of Labor: During lhe ~ al flil con- tract, the contractor shall nat a. dila1mlnate againat labor from any alll9f State, ~. or tenttory of Ille United SlatN (.-pt for employment pnilarence for Appatachlan con1nlcta , when applicable , u apeclfted In Allachnalt A), or b. employ canw:t labor for any purpaae within .. lmlta al Ille prajllc:t unlNI It " labor pn,rmecl by COIIYicll who .. on parole, aupen,iMd raleue, or proballan. · I. NONDISCRIMINATION (Applicable ID al Fedenll-ald COllil1ructian contracta and ID II nitaled IUbc:orilraeta of $10,000 or more.) 1. Iqua! Im~ Opportunlly: Equal ~ appar1Unlty (EEO)~ nat ID dllc:rtmlnale and ID like alllnnahe IICllan ID -equal appar1anly • 881 lar1II under lawl, _..... anlerl, rulel, ,wgulalarll (21 CFR 35, 29 CFR 11130 and 41 CFR IO) and an1ars al lhe Secnlary of Labor • macltlad by .. pr1Mllanl prwcrtbad hnln, and ln,paNd pinuant ID 23 U.S.C. 140 11181 ..... lie EEO and ll)edllc alllrmalM aallan llllldanll for .. aannc:IDr'a prqect aclMllaa under .. canncL TIie Equal ()ppartunlty CanRucllan Connet Spac:lllcalai• aat lar1II undar 41 CFR 80-4.3 and .. p,vvlllanl rl .. Amarlcarl Oluballl Ad al 1IIIIO (42 U.S.C. 12101 111111-) NI larlll undar 28 CFR 35 and 29 CFR 1830 .. -ICXlfPC)flad by.--In 11i1 cannct. In lhe ~ of llil cannct. lie cannctor 81119N ID comply will .. lalawlng iNnlnun ap9Cltlc ~ IICIMl8I of EEO: •. The cannctor .. --.......... lllgl-, agency (SHA) and .. l'eclarll ~ In ~ GUI EEO abllgallarl8 and In 11181r .... al..,_...._ under .. cannd. b . The cannclDr .. acaap( ... aparallng polc:y .. falkMlng atallmlnl: "It la the polc:y al 1111 Company ID -lllll ...._. .. ~ and ... ..,.. ........ during a11111D,m1n1. wllllllll ~ ID lll8lr -. Nllglan, -. aalar, nalanal Cllflln, • ar -..-. 8udl actlan 11181 lndude: a,..,_.., ...,... dlnlalan, ar Rll8far; l'8Cll*"-'I ar _.... allllarllalng; la,alr ar lennlnllllon: ,.... al pay ar allS fanM al ~mlo,1; and alac:lorl for ..... lndudlng ......... PINPPIW ...... f#fNar _,.. nlnlnO," 2. ao oaa.: TIie caMWmr .. ..,._and ..... "-ID the SHA aonncllng aac.. an IIO Ollmr wllO .. ha\19 ........... tar and IIIUll ba aapallle "' allactMlr admlnlllalng and PRlfflGIIIII an ac:INe aanndar .,,.._ al EEO and wllO IIIUll ba .................... and ,IIPClfllllal) ID dD 110. 3. ........... " ~ ,. ,--. al .. aannclDl'a ... wllO -....... ID .......... prarnala, and..._.....,.., arwllO w-111111111 aclan. ar wllO.,. 11 t C .......... 1111111111 ...... • mall Mir~"· and ........... ....... UO polc:y and........... IS I le p.111111* BO In .... ....... t 1S 1S 1al ;1 • ..-. To_ .. .. ._ ........................ -.. .. ...... "**-! UQUIUD I Y 2J Cft OJ.212 - • • • 8 . Periodic meetings of IUpervteory Wld peflOllnel office employeea wlll be conduclld befa9 the ,tart of worlc and then not leA ollln 1llan once ewiy lbt montha, at which time the contraclol'I EEO policy and HI Implementation wll be ravtaMd and explained. The IMetlngl wttl be conducted by Iha EEO Offlcer. b . M ,_ 1UP8M1CJ1Y or personnel olllca employem wlll be given a thorough lndoclrtna1lon by the EEO Offlcer, covering al major aapecta of the contractof'1 EEO Obllgatlona within thilty days followlng their repor1lng for duly wllh the c:ontrador. C. /U peraonnel who .. engaged In dinlcl ~! for the project wll be lnatrue18d by the EEO Ollar In ... COlllrada'I procedurw for locating and hlltng mlnollly group employees. d. Nollcel and pogtMa Hlllng for1II the c:ontrac1or's EEO policy will bl placed In .... IUdly _..,.. lo employeel. appHcants for emplo~ and pollnlal employMI. e . The c:ontraclor'I EEO policy and the procedurN to Implement such policy wll be brought lo ... atlention of ~ by ,,_,. of meellngs, employee handbookl, or other appropnallt -· 4 . lle«ullment: When 8CMf1lllng for employeM, the c:ontrador wll Include In .. adv9111Nmanla tor employeM .. nolation : "M Equal Opportunity Eml*>,er." M such ~ wll bl placed In publlcatlana having .... circulation among minority groupa In the -from which ... project worlc force would ,-naly be derived. a. The contraclor wll, unleu pnicluded by a vald bargaining ~I. conduct aysllmallc and dnc:t niauttrnent through publlc and p,IYala emplayN Nlarnl -likely lo yield qualitled minority group applic:antl. To INel 11111 ,.qun,nent. the contraclor wlll ldenllly aouR:111 of polan1ial minority group ~. and Nlllblllll wlll IUdl Identified -procedurN wlWeby mlnaltly group applic:antl may be rwf9r'9d lo .,. contrac1or for .,__. c:onaideration . b . In .,. -,1 the contraclor has a valid bargaining aar-t pn,vldlng for exdulM hlltng hal '*'811. .. ii e!lp9Clad lo obe1N9 the pnMlimll of 1111 agr....ant lo .. Ulan! that .. ayam parmitl .. cannclor's camplanm wlll EEO contract pnwlaione. (The OOL Ml Mid Ila! ""- Implementation of auc:11 ag,-.-ta ~ .. effact of dilcrimlnatlng ageinlt "*IOllllea or -. or ablgalll the contrador lo do 1111 -. auc:11 ~ • .,.., .. ,ta1o1, ,...... Executive Older 112441, N -..cl.) c. TM con-wll encourage his p,.-it ~ lo refer minority group applk:anta for eniplo,1nant. lnformallan and procedurN with l9Q8ld lo '*""II mlnollly group applicants wll be dilcuNed-. e,nployeM. 5 . P---, Acllona: Wagee, worlclng eondlllonl , and ~ benefttl 111811 be Ntablilhed and adinliilllaNd, and pefSOMel actlonl of ewiy type. lnc:ludlng hlltng, uwadlno, promotion , ~. demollon , layoff, and larmlnallon, 111811 be taken wl1hout i9Q11'11 lo ,-, caklr, Nllgion, -· nalanal origin , age or dlubllly. TM falkMlng pn,oadu.91 111811 be followed : a. TM contraclor wlll canduct pa,ladlc inlpedlalw of project .... to lnlur9 tllll worlclng candlllone and emplayN facilities do not lndlc:ala dlaatmlnaloly ....... of p,qect .... peisonnel. b. TM mnnclDr wll pe,lodlcaly ..... the lP!ad of wages paid within Ndl 111111lllcallarn ID dalam*le any evidence of cilcr' ........ , waga prac:lae. c. TM contrac1or wlll per1odk:alty r9111ew Nleclad personnel acllonl In depfl lo dMannlne ..... ..,. ii evldll1ol of dlac:rtmlnatlon . wi.. ~ .. laund, .. contractor will promptly take CClli'9ctMI aclan. If .,. r9lllew lndicalN Ila! ... dllcrtmlnatlan may exllnd beyond .. actlonl 19111ewad, auc:11 CClli'9ctMI actlan .... Include .. a"9clad pef90II. d. TM contraclor will pnimplly in-1lgatl al camplalntl of alleged dllalmlnallan made lo ... mnnclDr In c:onnectlon with hil ablgallona undar lhla cannct. .. ....,,,.,. lo raeolw9 such camplalntl, and wll ... applcprlala conWClve action within •. ,-able time . If ... ~ lndlcalll that ... dlla1mlndon may afllct .,.._,. other 1111n Ille oarmplali18111, auc:11 canwc:llw action "'811 Include IUCII other .,.._,._ Upon c:ompletlon of NCII liwNlgellan, the cantrac:mr wll Inform _., cornplalnant of al of hil -of appeal. 6. Training and Pnlmollon: a. TM contrac1or w11 ....i In locatlng, quallfylng. and lncr.alng the lkllll of minority group and -ernp4oyNI, and applcanta for-~ b . Conaillant with the c:ontraclor'I worlc force l9CIUAll*III and • penniaalble uncllr Federal and Stall l9QUlatlanl, .,. contractor 11181 ma11e u me of n1n1ng P'OIIIWM, I.e ., ljljii•illcNhlp, and on-Ille-jab nlnlng Pf0111WM tor .,. ,,...,...,. -of canncl pertormaa. Whn INllllle, 25 percanl of......._ or.._ In Ndl occ:updan aliall be In their Int ,-, of 111111•illcNhlp or nlnlng. In .. --• apeclll PffMlloll lor nlnlng .. pnMded uncllr lhla oarnnct. lhla e.mpaagraph .. be 11..,....ied - lndlcalad In the apec:lal PffMlloll . c. TM contraclor wll aMN employ9a and applclllla tor ~ of all8llable n1n1ng P'OIIIWM and ennnce ~toreadl. d. TM oonnc:lor wlll pe,lodlcaly lwwlN the nlnlng and pnJIIIOllan palallllll of rnlnartly c,oup and -~ and .. encaunge 9lglble MpqNe lo apply tor IUdl nlnlng and promollon. 7. Unlone: If the cannclDr Nlel In whala or In pert upon unlonl • a eource of amplayNI. 1111 CIN'adDr • 1ae 1111/!s beet ellarr1S ID ablaln ... oaraparalan of audl unlonl lo "-appolUIIIIII tor mlnaltty i,1111111 ... -wll*1 .. unlonl .... lo allact ..,. by audl unlonl al mlnaltty and flnllle ~-Acllolll t,y 1111 cannclDr .._ dnclly or hough • cannclarr'a ~ acing • 8111111 .. Include .. pn,oadu.91 NI lorll belarr. a. TM contraclor wll me beet .._ lo dewlap, In oaroparalOn wlll .. unlonl, jarlnl nlnlng PftlCIIWM aimed ~ quallylng -mlnaltty c,oup .--. and -tor .-nberaNp In the unlane and inawa.111 1111 ... al minority group MpqNe and -ao tllll e.y may quallfy for hlglw paying •·Cllormlnl b . TM canlraclor wlll 1ae beet 11111111a lo lnCXllparala an EEO c:lalM lnlD Ndl union ..,_..n1 lo .. n tllll auc:11 union wlll be connc"8ly bound ID '* 11PP11C1r* wlllllUI NQll'II ID their .-», oarklr, llllglan, -. nalanll Clltgln, 1109 or dllabllty. c. TM cannclDr II ID Ollllill lnblMllan • ID 1111 '*'81 prac:lae and palldle al .. llllar union aapt M ID 1111 ..... lldl lnlamlalan II ........... ......-in of 1111 llllar unlan 11111 lldl llllar union..._ ID Uftllll audl lnlannllan ID .. cannclDr, .. GllllhCIDr 11111 ao calfy ID 1111 SHA ... 11111 NI lorll .... llbll ..._ 111111 ..... ID Ollllill audl ........... . lll!QUllll!D IY 13 Cl'll 6JJ.102 - t .. " • • • ui . s ~ s ( / 1 ~i ' H = ~~ 'I : l' i f l " &j s S J ~ i .. i. s i l P : I" ' f " ' " § i j ~ i f ' i § I l! [ ! l ! i ; li t . Ii § II B ii ! J; 11 1 . , i I· 111~ ! 1 (· I; 11 1 1 1 · 11 1 ~ 1 1 ! , J : 111: i if l i 1 ' ' i l !I i i 1li Ii i 1' i ! 1i 1 1' 1 . !1 ti :: 1 , J i 1 1i l !I ii i : : ! ~ !, l t i ! i i t ! : ! ! ~ 1 · ' ; Pi J, ~ J 11 , f l l§ . ~- j i. ~ ~f ff ll jl h1 f( ol §~ 1 .. , · li t J I J t f ' § I : § ,~ s · i. i 1 I II ff § . sf 1 fl i . 1 { 1 !i ff i • 1 l f l IJ Ii i . I ls ! f !• s J f f 1 f [ 1F 1 u , ,: 1 if it 11 11 IT ~, l , i ,• 'I ' ·· Ji H i• s ·' •: li 1 ! 1 ' ! 1 i 11 1 J, t 1!i ii 1 l tf l l i l 1! 11 1 , 1 ~ 1 1 ! il , 11,i l i i ll i ! l ! i ! ! ! 11i ! i s, ,, , Il l 1 . Is 9l ~a i . ~ I i I ~1 1 1 , i. J I ~ l, i : ~ 1 1 1 ~ 1 t~ : :J ! l ! l l i ; : ~ f i ~ t ' 1 l ! I J ' j ! ! ? ! l f i l ~ jl ! 1 1 I! ! ! [ ! l! ! J i l i f i J t i ii f 1 i i i ! l 1 1 • • ! __ I 11 1 .f ; • l ; , 1 1 1 -1 1 ', I i i 1, : . 11 •• Jl . 1 i !j j i i j f i { l ! f f l f ! ; ; ; i i ! i f i i J I I ! if l I ii . I 1 !! { ; ! t f • ; ~ 1fl ' J i t f 1 ·,~ t ; I a ~ IJ 1 i i . ! ! 1 i l 1 1 i , l 1 1 l 1 i r i t i ; . l ~ i i. l i. ! 1 li t i l 1 1 l 1 I .i t , i ~ , ~ - ;1 ; ! ~ ,. _ . ' during IUCh -'<ly period. Such labc>rln and mechaniea shall be paid the appropriate wage rata and fringe benefllll on Ille wage delllnnlnatlon for Ille daufflcatlon of WOfk actually pe,fonned, without niganl ID lklll, except as provided In paragraphs 4 and 5 of this Section IV. b. LabolllB or mechanics performing WDfk In more than one claasfflc:atlon may be compensatad at the rate apeclfled for NCh claasfflc:atlon for the time actually WOl1ced lhelllln, provided, that the employer'• payroll l9COlda accuralllly aet for1h the lime spent In each clasalftcatlon In which wo,k Is pelformed. . c. All rulings and lnllrpllllatlona of the Davis-Bac:on Act and relatad ac:111 contained In 29 CFR 1, 3, and 5 are henlin Incorporated by ntferenc:e in this contract. 2. Clasalflcatlon: a. The SHA contracting olllcar 911811 raqutre that any c:taas ol laborera or mechanlca employ9d under the contract. which Is not Hstad In the wage cletannlndon, 111811 be classified In conformance with the wage determination. b. The contracting olllcer lhall app«M an adclltlonal c:laaslfk:atlon, wage .... and fringe benefllll only when the following alteria have been met (1) the work ID be performed by the addlllonal dauiflcatlon requuted Is not pelfonned by a clasllflcatlon In the wage determination; (2) lhe llddlllonal c:lasalflcalion Is ullllzad In lhe -· by the conatrudlon Industry; (3) the proposed wage rate, Including any bona flcle fringe beneflta, bears a ruaonable relatlonahip ID the wage rates contalned In the wage clelam*latlon; and (4) with respect ID helpers, when IUCh a c:lauiftc:atlon preyalla In ... ... In which ... work la pe,formed. c. If the contraclDr or IIUbcontrac:IDra, u appraprtall, lhe laborers and mechank:s (If known) ID be employ9d In lhe additional c:lusfflaltlon or !heir raiir-lallva, and lhe contracting afflcer 8Ql'N on lhe c:luafflc:allon and wage 11111 (lndudlng lhe amount cleSlgnatad for fringe benetlll we.. appropriate), • ntport of ... action taken ahall be ... by .. contracting afflcer ID the OOL, AdmlnialralDI of lhe Wage and Hou-OMalon , Employment Standanla Admlnlatlallon, Wuhlngton, D.C. 20210. The Wage and Hou-MinlloilllalDI , or an authorized ...-1a1Mt, wtl IIPPfOll9, modify, or dlsapl)rove evwy addfflonal c:lauiftc:atlon action within 30 days of receipt and so adviSe the contrac:llng olllcar or wtl notify the contracting offlcer within the 30-day pellod that adcll1lonal time Is necessary. d . In the event Ille contractor or IUbcontractorw, as appropriate , the laborefs or mechanica ID be ~ In the additional c:lauificatlon or their raiir-tatlWla, and 1w contracting officer do not agree on Ille proposed c:laasllk:lltlon and wage rate Qndudlng the amount cleaignalad for fringe benefits, where appropriate), the a,ntracting olllcer lllall .... the questions, including the viewl of .. lnlllNtad pe,1111 and the recommendation of the contracting olllcer, ID the Wage and Hour Admlnlatrator for delllmlnalion. Said Adrnlnialralor. or an authorized ,._1auve. wtl .-a delannlnatlon within 30 days of rwc:ejpt and IO ...... the cantractlng Gflcar or will notify the contradlng olllcar wllhln the JO.day pellod that additional time la ,-.-y •. The wage rall (lneluding fringe benellll we.. appropriate) delarmined ~t ID paragraph 2c or 2d of 11111 Section IV lhall be paid ID al worken perta,mlng work In 1w additional c:laasfflcatlon from the first day on which WOfk Is pelfonned In the daaslflcation. 3. Payment of Fringe llenelllll: a. Whe-the minimum wage rate p,esaibed In the contrac:t for • c:taas of labonlra or rnecllanlcs lnc:lucles • fringe benefit which la not e,cpqsaed u an hourly 11111, the contrac:IDr or IUbeontrac:IOIS , u appropriate, lhal either pay the benellt as statad In the wage determination or lhal pay another bona flcle fringe benefit or an houtly cue equivalent lhentof. b. If the contractor or subcontrac:IDr, u appropriate, doee not make payments to a IIUs1lle or olller third pe,90fl, he/she may consider u • part of the wages of any lllboret or mechanic: the amount of any c:oeta reasonably lllllic:ipatad In pnwlding bona flcle fringe beneftta under • plan or program, provided, that the Sec:nttary of Labor hal found, upon the written request of the oontraclor, that the applk:able "8ndanll of the Devla-8acon N;t have been met. The S-...V of Labor may l9qllire the oontraclDr ID HI 8licle In a aeparata account UHts for the IM8llng of obllgatlonl under the plan or program. 4. ApprenllcN and Tral,-(l'rograM of the U.S. DOL) and Helpera: •. Applentlcal: (1) Applentlcal wll be pannlttad ID work at IMI than the precletennlned ... for the work they performed when they -employ9d ~ ID and lncMclualy Nglallrad In a bona flcle apprWlllceahlp program Nglallrad with lhe ODL, Employ-"*" and Trailq Alln*•atto.,, BulWI ol Apprantlcashlp and Trailq, or with a S .... IIIJPNl,lkllllilp agency rwcogniZlld by the aur..... or If • person la enlPk¥ld In hillhllr Int 90 days of piobatlona,y ernployrl*II u an appqntlca In auch an app!9lllcallllp program, who la not lndlvldualy ~ In .. program, but who ,_ been _.... by ... au,_, of Appl•illoalhlp and Tialr*lg or a 8tala IPPl•illoalhlp agency (Wllar9 applUpllala) ID be ellglble far pnJllaltonary ••4*»,manl u an eppNllllca. (2) TIie a1owab1e rallo ol apprwillca ID ~ ~ an 118 lab Illa In any c:nft c::laUllcaib, 111811 not lie ...... tllan 118 ratio pannltlad ID lhe oontraclDr • ID 118 ... -" force under 118 Nglallrad program. l¥ry 9lllptowN llelad an • paviol llt an IPPIWIIICa wage rala, who la not ,.... or othawtae ~ • llalad abcM, 111811 be paid not ... 11811 118 applk:able wage rala llelad In 118 ~ cleaani61illlol1 for 118 daAllcallou of work actualy pa,tormed. In acldllan, any IPPIWllm perta,mlng work on the lab alla In -of lhe ratio pannltlad under the Nglallrad program 111811 be paid not ... 11811 the applicable wage 11111 an the wage ....,....,., for 1w work actualy parfannecl. Wlwa • COM8CIDr or aubcanllactor la perfonnillg canatrucllan an • piqect In • locally alw 11811 that In whk:11 1111 program la ...... 1w ralloa and wage ,.._ (up,98NCI In pal'C81111igae of 118 ~ liaurty 11111) lpaCilled in Ille OOllliadol'I or aubc:G, .. ac:ID,'I ~ program lhal be~- (3) Eve,y IIPPfWlb muat be paid al not ... tllan the 11111 apec:iled In 118 ..... program lor 118 ........ .. ... of pnigrNa, .... • • paroantage of .. ~ hourly raa apedled In 118 appllcabla wage clelannlndan. ~ ... lie paid fringe ...... In 8CCllldanc:e with 118 pnM8ione of 118 IPPl•illoalhlp pnigram. If .. IPPl•illoalhlp program dDl8 not ....., fringe ....... appr9llllcae muat be paid 118 U ._. ol fringe ...... llalld an 118 ~ ci...11mlllleift for 118 lllllllcallle dlHIUIOii. If 118 Adl1161•au for 118 Wage and Hour DNlaioll ......_ ... a dlllNnl p,aclae ....... lilr 118 appllcabla ........ I I 5 ,, fltngaa ... be paid In ~ .................... . llEQUlll!D BY 21 en 6)).102 - t ... ... • • (4) In the event the llulNu of Appqntk:Mhlp and Training, or • SIN appantk:aahlp agency r9CClgllizad by 1111 Buraau, wilhdraM app,oval of an app,antlcNhlp p,ogram , the contractor or IUbcontraclor will no longer ba parmltlad IO utaza apprenlk:al at laa tllan the appllcable pnidelllrmllNld rn for the comparable worl< pe,famNld by r9QU1ar employwe untll an acceptable pn,gram Is 8l)pf0Wd. b. T"*-: (1) Except aa provided In 29 CFR 5.18, "--will not IJa pennitllld to work al INa tllan Iha poedelll1111iNld 1'111 for Iha worl< pelformed ....... tll8y .. ~ '""**" to and lncllvklualy ragilltnd In a program wlllcll 1188 l9CIIMd p,tor approval, 9Yldencacl by lonnll Cll1fflcatlon by ... DOL. E~t and Training Admt11lltrallo11 . (2) The ratio of nlMM to journaynwl llvat empk,yeN on the Job Illa 111811 nol ba gruw tllan pennlllld under Iha ptan app,Ull9d by 1111 ~t and Training Adminlatnltlon . 1'lr'/ ~ 11118d on Iha paynll at• lrllnN rate whO IS not Ngil1ef9d and parllcipall11g In a lralnlng plln approved by the Employment and Training Admlntatratlon lhall ba paid no1 laa tllan lie appllclble waga rn on lie waga delarmlnatlon for lie daallllcatlo11 of work adUally pe,famllld. In addition, any lrllnN parfarmklg work on Iha Job • In uceaa of 1111 ratio parm1t1ac1 under 1111 l9glllar9d program shall ba paid not INa t11an 1111 appllclble waga raw on the waga delarmtnatlon for .. work actually pelformed. (3) E~ lrllnN must be paid at nol ... tllan 1111 rate apecltled in 118 IIPPfUll9d program for ~ llvat of progrw, npraaed aa a permltage of lie journaynwl....a houf1y rate apecilled in the appllclble wage dlllamllnelon. T,__ allall be paid fringa banellll In 8CCOldala with 1111 prOlli9tons of .. tralMe program. If .. tralnN prag!Wl'i doaa not ....aon fltnga ....... --.... be paid ...... amount ol fringa befl9llls 11118d on 1111 waoa dllllil1111i1&1on unteu 1111 Admlniltlau of lie Waga and Heu OMalall detarmlnN lhat '*8 II an app,•IICNhlp pragrw11 aaaodalad with 1111 conNpJndlng ~ waga ,.. on lie waga clellnnklatlon wlllcll povvldN lor .... lhan ... fltnga baneftll lor app,91111clee, In wlllcll -IUCh nllw 111811 receive a. -fltnga benaffll aa applWlllcea. (4) In 1111 -.11 lie ~ and Training Administration wlthdr8M approval of • lralnlng p,ogram, ... conlnlc:tor or •ubconlnlc:tor wlll no longer be pennlllad to uaa in.-...... ._ ... appllclble po ...... .ed ..... for .. wort< pe,famNld untl an acc:eplable program II app,Ullad. C. Helpers: Helper'8 wll ba parmltl8d to work on • projact If 1111 helper claaiftcation II apacitled and delned on lie appllaible -~ or 19 appn,vecl ~ to lie conformance pn)C8din HI lor1h In Secllon IV .2 . 1'lr'/ ._..., U.lad on a payroll at • halpar waga rate, who ii not a halpar under a appnwed deftnltlon, shall ba paid nol INa tllan 1111 applk:abte wage rata on Iha waga dMarmlnatlon lor 1111 ciasstflcation of wOfk actually l)llfformed . 5. Apprantlc:N and Tralnew (PrograM ol 1M U.S. DOT): Apprenllces and .,..,_ worl<ing under app,wnlaahlp and skill training programa wlllcll ha'9 bean 08l1llecl by ... Sacretary of T,-portatlon aa poumollng EEO In connac:lon with Fedetal-akl ~ connuCllon p,ograma n nol 8Ubjec;t to the ~II ol paragraph 4 of Iii Secllon IV . The straight llmll houf1y waga ralN for .....,.._ and tr.-under IUCh p,ograma .. be ......... by ... particutar poogram9. The ratio ol applWllca and nllw to journeyn*I .... nol ba grNt8r tllan permltlad by ... larml ol ... par1lc:ular program . 8 . Wllllholdlng: The SHA llllall upon Ill own acllon or upon writlln reqoMI of an aulhorlDd ,.._,111.e ol 1111 OOL wlllhold, or -to be wlllheld, flan Iha oontradar or 1ubco11racto. under Iii conncl or any otll8r Fedaral conncl with 1111 - potma canraca. er any otll8r Fede.Ill, 8Nlllad contract 8llbjact to Oevla-8accn prwvallng waga ~ which IS held by Iha -"'1lne conlnlc:tor, • mudl ol .. accrued paymanta or._ aa may be c:analdnd ~ to pay labcNrW and mechanlcl, lncludlng lll)IIIWlllal ...... and halparl, arnplo,9d by lie cornctor er any IUbcol•acto. lie flll amount ol W8gN r9qUnd by ... canncl. In .. -.II ol fallln to pay any labcnr er mec:hanlc, lncludlng any app19f111ca, lnllnaa, er halpar, ~ or wor1<1ng on lie Illa ol lie work. al or pan ol 1111 W11Q81 r9qUnd by lie connc:1, the SHA conndlng o111car may, ... __.. nctlca to lie contraclor, lakll lUCh acMon. may be~ lo -... IIIIINlft8lon ol any further pa,marll, ad.enca, or .,._.. of lundl untll lUCh vlolatlona ha'9 CNMCI. 7. aw.time ......... : No connctor er IUbcol•acto. contracting for any part of lie connct work which may 19111ft er lrwal.e lie ~ mant ol lllbcnl9. madlanlcs, .-..,.., er llll8fdl (lncludlng lll)IIIWlllal ...... and halparl dNatbed In paragrapha 4 and 5 lllo.e) 11181 Nllllft er parmll any llilllnr, medwllc, Mldlmarl, er guard In any workWNk In wlllcll ha/1118 ii arnplo,9d on IIICh -". lo IIOlk In -ol 40 11111n In IIICfl Wlll1lwNk unlNI IUCh labcnr, macllanlc, Mlehnwl, er guard NCllvN compenullan at I rala nol llaa IWI _..,__ half ... ..,._ bale .... ol pay for .. hcln wor1*I In -ol 40 110ur9 in IUCh workWNII. a. Vlolallon: Lllbllly for Unpaid Waga; Llquldllad D1n110N: In lie 9*11 of any vlollillarl ol lie c:IIIM NI bll In ....,_ 7 ....... conncD' and any .... aclor ........ lleraaf ... be 1111118 lo lie IIIIClad ...,.. lar Nllla' unpaid wgaa. 1n adcllon. IIICfl...., 11111 NIOOl•acu 11181 be 111118 lo lie Unllld .._ (In lie -ol work dona undar cannct lar lie Dlllrlcl ol CCllumllla er a llnllary. ID Midi Dllrtcl or lo IIICfl llnllory) for ....... ......._ 8ucll ....... dlnllgaa INI 118 CIOIIIPlllld .. __. ID Nd! lndMIUI llbolw, medllnlc. ..,._, or fll*II ...,_. In v1o11i11o11 of lie._ NI bll In....,_ 7, In lie -ol 110 tor Nd! c:alandar day on wNdl IUdl .....,,_ - r9qUnd or parm111ae1 to work In -of Ila -....i IIOlk .,.. ol 40 IIOur9 wlllllUI paymarit ol lie a.tma ..... raqmad bylie--Nlbll In....,_ 7. 9 . Wllllholdlng for Unpaid ..... and Uquklalld Dan,agaa: The SHA 81111 upon Ill own acMon or lll)Oll .tllln ~ ol any aullorlad ~-.-.. of Ila DOl lllNlold, or-lo be wlNllld. lam any monlN ~ on --ol .n l)llfformed by lie oonnc:tar er ....._ .... undlr any IIICfl connc1 or any ollS ,..... aonnct .-lie -..... connctor, er any ollS ,-.II) I II I f GllllhGI IUlillllll ID .. Connel waitt Hain and ....... //Id. ....... hald by lie -pllnie connca. IUCIII -aa -, 118 dllllilmlned lo be -, ID ~ any ..... ol IUlill connca or • t •acu tar unpaid ..... and ....... ....... pnMdad In ...... Nl 111111 In ......... IIIIM. V. STA~ AND PAYIIOUI IUlQUJa£D IV JJ en. 633 IOJ - ff • t • • (Applicable to all Federal-aid con1truc:tion contracts elU:Mdlng $2,000 and to all re&aled subcontrac:11 , except for prajecta localed on roadways cluaffled as local roads or rural collector9 , Wllk:h Int exampt.) 1. Compliance with Copeland Regulallona (21 CFR 3): The contraelor llhall comply with the Copeland Regulations of the Secreta,y ol Labor Wllk:h .,. henlin 111corporaled by refenlnce . 2 . Payroll• and Payroll Rec:onle: a. Pay,olla and balk: records l9laling thereto lhaN be maintained by the conlnlc:1or and each eubconlrador during the counie ol 1111 work and ~ for a period ol 3 yure from the dale of completion ol the contract far al lllbonn, mechanics , app19nlicN, iru-, watr:llrnen, helpefs, and guards working at 1111 ellll of the worl<. b. The payroll records shall contain the -· aoc:lal securily number, and addrNS ol each euch ~; his or her COffllCI dasalftcatlon; houl1y rates of wages paid (lndudlng rates ol conlrtbutlons or coats antlclpaled far bona tide fringe benefits or cash equivalent lhenlol lhe 1ypn dNc:ribed In Section 1(bl(21(BI of 1111 Davis Bacon Act); daiiy and WNkly number ol hours worked; deducllona made; and a.. wagee paid. In addition, for Appalaclllan conlraCIS, the payn,11 recorda .,,.. oontain • nolallon Indicating whether lie ~ does, or doee not. .-naay rwide In the labor ... • delnecl In Allaclwnent A. paragraph 1. W'*-the Secntary ol Labor, ~I lo Section IV, paragraph 3b, Im faund that lhe wages of any laborw or mechanic lnctude the amount ol any coats ...anably antidpal8d In p,ovldlng beneftlS under a plan or program dNcribed In Section 1(bl(21(8) ol lhe Dllvts 8-1 Act, lhe contraclor and each eubcontraclOr llhall malnlaln records wlliCh IIIIOW that lie commllment lo provide euch benefits le anfon:eable, that the plan or program le lnanclally -c,onsible, lhal Ille plan or progrwn Im bean OOll'lfflUl'lic In writing to Ille lllbonn or mechanlce alladed. and ehow lie coat .,ldpeled or Ille a.. coat lnaln9CI In prvvidlng beneftta . Connc:lore or eubcontraclore arnploylng ....,._ or ~ under apprUIMd progrwns ellal maintain ..., ...tderlclt ol ... rwglanllon ol appr9l'lllcN and ..... and ratioa and wage ralN praaibed In the appllceble programe. c. Each contraclar and eubconlrador .,,.. lumleh, each Mak In wlliCh any connct work le pa,tormed, lo Ille SHA ..idenl anglr.-• payn,11 ol wages paid each ol .. employees (lncludlng apprenlicN, ...... and helpefs, deecribed In Section IV, paragraphe 4 and 5, and ...,._. and guards engaged on work during lhe prwcedlng WNkly payroll period). The payn,11 eubmltled ehal NI out accuralely and completely .. cl the Information l9QUlred lo be maintained under paragraph 2b cl this Section V. Thia lntormatlon may be eubmillecl In .,Y form deeired. Opllonal Form WH-347 le available for this purpoM and may be pun;haNd from lhe 5-intendent ol Documents (Federal eloCk number 021MJOS. 0014-1), U.S . G<Mrnment Printing Olllce , WaNnglon, D.C . 20402. The prime contraclor le reeponelble far Ille eubmiMlon of copieS of payrolls by .. eubconnctore. d. Each payroll IUbmilled llhall be accompe11ied by • ·sta-t of Compliance; e1gnec1 by Ille oonnctor or aubcontracior or ~ agenl whO paye or ~ Ille payment of Ille pereons employed under ._ connc:t and ehal cet1lfy ... lollowlng : ( 1) that the payroll far the payroll period conlalnl 1w lnlormMion required to be maintained under ~ 2b ol 1M Sec:lion V and IN! euch lnbmllan le COff9CI and complete; (2 ) 11a1 eue11 llllorer or mec:llenic (lnclucllno each 11e1pet:-appr9"b, and .._, ~ on lie connct during the payroll period has been paid the full Mekly wages .-nae!, without rabeta, either dlraclly or lndlraclly, and that no deducllona haw bean made either dnc1ly or lndlraclly from the full wages .-nae!, other than permluible deducllone as NI forth In Ille Regulallona, 211 CFR 3; (3) lhat each labor9r or mechMlc has bean paid not lesa that Ille appllcable wage rale and frinll9 beMlla or cash equivalent for ... c:lasli1k:atlon ol worked pa,tormed, .. specified In the appllcable wage dalarmlnatlon lncorporalld Into the contract. •. The Mekly aubmiasion of • properly uec:ullld cer1fflcallon set forth on Ille ,_ aide of Optional Form WH- 347 llhall ullafy lhe ~ for IUbmalon of the "Staten.II of Compliance" required by ~ 2d of Ila SectlonV. I. The fllelfication of any of lhe aboll9 CIM1itlcallone may lllbjecl lhe oonnctor lo c:lvll or a1m1n11 pnacu11on under 11 u.s .c. 1001 and 31 u.s .c. 231 . g. The conlraClor or eubcoobacb ehal fflllle the records required under paragraph 2b of lhls Section V available tor ln8pec:lion, a,pytng, or ~ by aullorlncl r.-allall-of Ille SHA, the FHWA. or 1w DDL. and ehal l*fflll euch ..---lo lnleNIN ~ during working hcua on Ille Job. If Ille connca or eubcxlrnclDr fala lo eubmlt lhe required r9mde or lo make lhem .,....,.., lhe SHA. 1111 FHWA. 1w DOL, or al may, allar WIiien notk:e to the connclor, epone«, applicalt, or -· -. euch ac:tlons as may 1111 ~ lo -""...,..... of any fur1her peyment, advanm, or gunntN of bllle. Furthermcn, falkn lo eublnit lhe required _. upon l'9qUNI or lo make euch r9mde avalllble may be gioundl far debllrmanl action~ lo 211 CFR 5.12. VI. RECORD OF IIATERIALS, IUPPUES, AND LMOR 1. On al Federal-aid _... on 1w Netlonal Hlgl-,. Syatam, --sit tme wNclt provide eolely tor 1w in1t11a11on ol prOleclM clevlca et ralraed grade ORlailge, ... wlllcll ... conatrucled on • ton» -. or clll9CI iellor ....._ hiQIIMY blleulltlcdon oonnc:18, and oonnc:ta tor wNcll ... lolal .... CIOIIAIICllon coat for roadway and brldga ...... than $1,000,000 (23 CFR 835) Ille oonnctor ... : .. Became .............. olepecllcfflallllland 9lll)IIIIN corllllnld In FOIIII FHWM7, ......... cl ..... and Labar UNd !Ir CannGlar ol ~ Conauclan lnvaMng Federal Funda," l)llor lo .. -··--of Win under .... connct. b. Mllnlaln. raconl ol lw lolal ooet ol 11 ........ and 9lll)IIIIN pun:haNd tor and ~ICOf'POlad In .. -", and ..., cl ... quallltlas of tme epeclllc ......... and aapplas leled on Form FHWA-47, and In Ille unlll 11-. on Form FHWM7. C. Fumleh, upon .. completlon of .. connct, lo .. SHA r8lldanl ...-on Form FHWA-47 togetlw wt11 lie clalll required In peragrapll 1b ....... lo ......_ and eupplN. ..... iellor ~cl .. oonnct .... ~ Ille total hcua worlled and lie total ----- 2. "' .. prime ••IICD'a aplon, ....... l9pllrt ~ II cannct Win or.....-l'IPGlll tor 1w mnnclDr and forNIIII eubmnhct ... 1111....._... VL IUILITTING Oil AIIW 11IE COIITUCT • • -.. subcontract and the amount of any IUdl specialty ll9ma per- formed may be deducted flOm the total original contract p,toe bebe computing the amount of wor1< required to be pe,formed by the contraclo(s «-t Ofglllllzalion (23 CFR 635). a . "Its «-i organization" ahal be construed IO Include only worl<ers llffll)loY9(I and paid dnctly by the prime contractor and equipment owned or rented by lie prime contractor, with or without operalOnl . Such 111ml does not Include employees or equipment of a subcontractor, aaalgnee, or agent of the prime contractor . b. "Specialty llema" llllaU be construed IO be limited IO wor1< that requ1r91 highly spedallzed knowledge, abillliel, or equiPff*!I not onllnarlly available In the type of connctlng organizations quallfled and axpectad IO bid on the contract • a whole and In general are to be Umlted to minor components of the overall contract. 2. The contract amount upon which the l9qlftlMllts set forth In paragraph 1 of Section VII iS computld includN the cost ol malarial and manufac:lured products which .,. IO be pun:haMd or produced by the connc:tor under the contract p,ovislons. 3. The contraclOr shall fumilh (a) a competant auperinlandent or aupervl9or who Is employed by the llnn, hat ful authority IO dnct pe,iol ,.-a of the wor1< In ac:conllncll with the contract ~. and Is In c:harge of al construdlon ope,atlonl (19g81deu of who perfonns the WOik) and (b) such allier of Its «-1 o,ganizallonal - (supeMlion, rnanaaen-t. and •lgil-lng ..,,._, • lie SHA contracting~ dMenniMs iS -V IO-. tile performance of tile contract. 4. No portion of the contract shall be IUblet, 8lalgiled or alhelwise diapoHd of IIXCIPI with the written COfl99llt of tile SHA contracting ~. or aulhorlzad 191)1-lallwl, and such -I when given shall not be construed IO ...... tile contraclOrofany~lor .. ...._of .. contract. Wrttlan -' .. be giwn only alllr the SHA ha 8IIUf9d 111111 eac:11 IUbconnct Is IMClencad in wnllng and lat It contalnl al pe,1lnent pnMlione and ~ of tile prime contract. YUi. SAFETY: ACCIDENT PREVEN110N 1. In the performance of Na COflhCI the canndor INI c:anply with .. appllclllle Federal, Sta. and kal ... oo-mg sar.ty, hNIIII, and ...itallOn (23 CFR 135). The contraclor lhall pRMde al ~. ulety dNcla and protadMt equipment and !aka any ott. rlNded aGtlalw • N ~. or as the SHA cantradlng olllca may dellmine. to be ,-,ably -V IO p,ollld the ... and hNllh of 4lffll)k>yees on the job and the safety of lie public and IO pn)'8ct PIOP9fly In connection with the performance of .. WOik covered by tile contract. 2 . It Is a condition of lllil contract. and shall be made a condition ol NCII IUbcontract, which lie contrac:IOr enllta lnlO pursuant to this contract, 1181 Ille contraclOr and •Y subconlnlclor shall not pem,il •Y ~. In pe,formaa or the contract. IO work In 8UffllUndingl or under candllions which .,. ununilary, ~ or danganlua IO hlslllet hullh or safety, • delemlined under conuucllon ulety and hNllh atandanla (29 CFR 11129) p,omulgalld by Ille Secnlaly of Labor. In acccrdance with Section 107 of lie Connel Wclltt Hoofs and Safety Standards Act (40 U.S .C. 333). 3 . Pursuant 10 29 CFR 11129.3, it Is a condition of lllil contract that lie ~ of Labor or dlllllad ,._1a11w1 ..,_,,, shall 1111 ... right of 91*Y IO any ... ol contract ~ IO iNpecl or ffiNllgala 11111 ..... ol camplianca will ... COllllrllctlon ulety and ...... illlndlnll and to cany out Ille dulN of 11111 ~ under Secllall 107 of lhe Contract Work Houri and Safety Standards Ad (40 u.s .c. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In Ofder to asaure high quality and durable conatrucllon In conformity with appr0\'9d plw and spec:fflc:atlon and a high degree of reliability on alataonenta and ~lions made by eng.-s, contractors, suppllera, and WOllters on Fedetal- ald highway projects, k Is -tlal that .. per-. ~ with the project pe,fofm their funcllona .. carwfuly, llloroughly, and 11onesay as poaible. WIifui falafflca1lon, distor11on, or ~talion with reapect IO any facta relallld IO the project Is a lllolalion of Federal law. To ~ any mlsunderstandln regarding the ..ioi-of ... and almlar acta, the followlng notice all8II be posllld on eacll FedenHld highMy project (23 CFR 635) In one or more ~ where It Is readily available IO al persona ~ with the project: NOTICE TO ALL PUIONNEL ENGAOeD ON RDEIIAL• /IID HIGHWAY PROJECTS 18 u.s.c. 1020 reada as follows : ~. llelng.,, olllce,-, ..,,_ Of amplo)w d,,. UnllH StatN. or ol any sr• or Tento,y, or ~ IIIINflw • ,--,, auoc:lalion, llnn, or co,pcnllon, ""°'"*9Y ,,.._ any falaa atafament, falaa ~ or falN l9fJOlf u ID !he c:llanlc:far, quaMy, quanflly, or COit d Ille ,,.,.,,. wed or lo lie uaad, or !he quanfJly or qually d !he wwfl ,,..,,,,.,, or ID I» pa,fonnad, or Ille COit lhenlol In COIIMCflan ..,, Ille aullmlAion ol plans. fflllPI, ,pec:.Wcafb.a, CIClflfracD. or COltl ol conslrucllon an any hlr,hny or tMl8d pt'O/ed lubmlflwd lbr llP(JffNtll lO !he Saaata,y ol Tta,qpo,taltan; or ~ ""°'"*9Y mallN any ,.,.. .,.,,.,,,, ,.. repnt88lllallan, ,.,_ l9fJOlf or .,_ cll/rn .... ntaped ID !he dllradlr, QIMII),, quanfily, or COit d any wwt ,,..,,,,.,, or ID I» pe,1bmiad, or ,,..,.,. fumlahad or ID lie ftlfflllllld, In COIIMCflan ..., Ille CClllltldDff d any hlr,hny or tMl8d pt'O/ed -,,,,,-d lly Ille S.O..,, d Tlal.apo,labn; or ~ ""°'"*9Y ,,__ any ,.,_ .....,_, or ,.,_ repntNlllallan .. lo ,,,.,,. lad In any .......,. ---.. o, repo,t wbtnll1ed pur--, ID jlllMSlalll d lie ,...,.,._, Aoadl Ad -,,,,,-d July 1, 1'1S. (3fl Slit -,, N-'*" and •IJIF 11 MliNd; Shel lie llnad not more !hat $10,000 or_...., not - ffl8II 5 ,..,. or ll<'ffl . • X. IMPLEMENT, OF CLEAN NI( N:r N#O RDEIAI.. WATER POLU, ' CONTROL N:r (Appllc:able IO .. Fadenl-ald conalrucllan conndll and IO II relallld N)CCl(lnds of $100,000 or more.) By aullmlsalon of 1111 l*I or lie -*'t al Na -*8c:I. OI auboontract, • appraprlala, ... bidder, feclarw.eld construction contraclOr, or aubcol•.....,, • ~ ... be dNmed IO 1111-.. allpulalld • tolloM: 1. Thal any llc:aly 11111 II or .. be ua.ci In .. pe,bmaa of 1111 cannct. .,._ aucll -*acl II _.. undlr 11111 CINrl NI Ad, • _..., {42 U.S.C. 11117 • a.. • MWlllad by Plill.L t1-41CM). and undlr ........ W- Palulan C011R1 Ad.•_..... CU U.S .C . 1291 • a..• MWlllad 111 Plill.L 12-800). ._.,. Oldlr 11731. and regu1111on1 In -............ ..._, (40 CPR 11) It nal 1111111. an .. 11111 al Clllibcl -.i. an .. u.a. l,Mwwuailll Plalacllan A(Jl/lltC'/ (!PAI I.JIii of Ylalllllg I' ........... ID 40 CFfl 15.20. UQUlUD IY 2J CPll 6JJ 102 - t ... .. • • - 2. That the firm agrees lo comply and remain In compliance with all the requinlmenlB of Section 114 of the Clean AJr Act and Section 308 of the Federal Waler POiiution Control Act and .. regulations and guidelkMM llstad thefeunder. 3 . That the ftrm shall Jll'OfflPtly notify the SHA of the receipt of any communication from the Dkector. Office of Federal Actlvttles, EPA, lndlcllllng that a facility that ii or will be utilized for the contract la under c:onaieleration lo be listad on the EPA List of VIOiating Facilitlea. 4 . That the ftrm ag,ea ID Include or cau se ID be included the ~19 of paragraph 1 llwough 4 of this Sec:tion X in ev.y noneqmpt subcontract. and further agrees IO take such action as the gowmment may dir9ct as a means of enfordng suet, requinlmenls. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. ~ for Certlflcallon • Primary C-..cl Tranaac:tl-: (Applicable lo all Federal-aid contracts • 49 CFR 29) a. By lignlng and submitllng thla pnJpOAI, the prospeclMI primary pa,ticlpant la providing the ce,tfflcalon ... out below. b . The lnab4lty of a 1*9011 10 p,vvldlt lie -1llc:aliol'I set out below wll not _..,, rwult In denial ol participation In this covered transaction. The pft)lpeCth,9 partidpanl lhall submit .. explanation ol why It cannot pnwtde the cenfflcation sat out below. The ce,tfflcallon or uplanatlon wiU be conakleNd In connection with the depar1r1*lt or agency's detllrmlnation whether IO ..,. inlO Ihle lranaacllon . ~. faikn of the p,oepectlW primary participant IO lumiah a ce,tfflcation or an uptanation lhal dllquallfy IUd'I • person from participation In thla tranHCllon. c. The ce,tfflcaUon In thla ... la • -- ..-itation ol fact upon wllldl ..-.ce -placed .... the ~ or agency delar"**I ID ..-lnlD Illa lransacllon. If It la .... dellm**I that the pft)lpeCth,9 primary participant knowlngly ..... .. - certlllcdon, in addlllon ID Olli. ........ _,,..... IO the Federal~ the...,_ or agency may lam*- this lransacllon b -ol default. d . The proepec;lw primary participant lhal pnwtde immediale wntlen notice IO the depamlerll Of agency ID wtlOffl this propoul la IUbmillad If any lme ... pioepedhe p,tmary participant lurna that 119 certlllcdon ----. submitted Of has bea>me -by -ol Changed circumstancel. •. The -"covered -.-"d911arred." "suspended." "Ineligible." ic-.., covered nnuctlon." "partiapan~. "penon." "primary covered lranaacllon." "principal." "propoul." and "lloluntarily eJCduded." -1-«1 In this clause, haw the .....ings Mt out In lie Dallnlllonl and c~ sections of N1e1 1mp1ena,t11111 e--.. Order 12~9. You may contact lie depa,1ment or agency ID wllich this praposal Is submitted b Uliaance In ablaiM,g a copy ol those regulations . I. The proapec:thle primary panldpant ..,_ by submitting thla pnJpOAI thal, lhould lie p,apoeect covenid 1ransac110n be .-.cl inlD. It 1N111 not knowlngly .-in1D any !OM< lier COV9l9Ct nnuc:lion will • person ..., • dabln9d. suspended, dedaNd ineflglble, Of wtuntarlly Ddudad flam pa,ticipalion In thla covered tranuctlon, unlNa ....... by the depsnnw,t Of agency .-Ing inlD .. nnucllaft. g . The proapectlve primary par1k:lpant further agrMS by submitting this proposal that It ""' Include the claule lltled "Cer1fflcatlon Raga,dlng Debarment. Suapenaion, lnellgibillty and Voluntary ~ Tier Cownld T1'81118Ction." provided by the ~· Of agency .-Ing inlO thia COVllf'lld tranaacllon, without modlftclltlon. In .. loMI' lier COll9l'ad ir.-eUona and 1n au IClflc:ltalions 111r klMI' lier covered lr.-cUona. h. A participant In a covered lranHCllon may l9ly upon a cer1fflcdon ol a proepecliwl participant In a lows lier covered lr-.c:tion that la not debarr9d. -i,ended. lnellglble, Of wfuntarily Ududed from the covenid transaction, unleu II II.-that the ce,tfflcaUon la .,_,., A participant may decide the method and hquency by whk:11 It delllmllnN ... eliglbllty ol ill pmc:ipala. Eadl panldpant may, but • not reqund ID, c:tleCk the ~ po,1lan of the "Lllll ol Parties Excluded Fram Federal ~ or ~ PlagrwM" ,~ Ual) which • compiled by the General ServfcN Admillia-atlon. I. Nothing contained In the kngoirlg lhal be oonnued IO require ~ ol a aytlem ol l9COllla In onler ID render In good faith ... CIWtlllcallon l9qUk9d by thla c:leuM. The knowledge and inlarma1ion ol pa,11dpant la not l9qlftd ID UCNd 1181 which la normally poa--«1 by a prudent perwon In lie onllnary cane ol bullr-. dllalings. J. Except IDr 1181Uc:IIOl18 authortZl9d under paragraph f ol ... IMncllana, ii • participant In • --nnuc:tlDn knowlngly ... inlD • kMar .. covered hlwac:llan ..... perwon ..., II ~. dallarNd, inellglble, or valunla,ly Ududed fRlm parlcipallon In llil nnw:tlon, In addlllorl ID Olli. rwmedlN available ID lie Federal ~ the ~ Of agency may llnninale this hlwac:llan IDr - Of default. Cel1lllcallan ........ Dll:B-11, 14 1, I ... ., lnallglllllJ an11v...,,1xc11.1a,.........,c-- Tran11llllana 1. The pft)lpeCth,9 primary..,..._._.. ID lie beet ol ill knowledge and blllef, ..... and ill prlncipllla: I •. lift nat p!WBllly .................. Jllapaed IDr ~ dac:lll9d lnllglllla, or ~ 9lll:llldld lam covered ,auctlDi• by any Fedllal dllle•••• or agancy; b. .... nat .... ,.,.. ............... p,apoul .... canvlclld d Of had. cMI ~ ...... 8Qlillll ._ IDr co11,liwlcw1 d hud or • Cltffllnll DIIBwe In canneclan will ablalning. ......... ID allllln, or pabmlng a pubic ll'edlrll. S1ala or IDCal) nMIClan or aannct undar • pubic "-8Cllon: lllalllDl'I d l'eclllal or SIiia .,... _,... or oanw1lialia,1 d .,....,_., 1111ft. bgary, briber/. fallllcaloll or dN\uclan ol -.ia. malling 111N .....,__, or raceMng llallll Pftll*IY: c. Al9 nol p!WBllly lndlclad IDr or ollerwlN crtminllly or cllllly c:IIB'Q8d by • ga,.e;m•llll .._ ll'edlrll. 11111a or IOelll) will ----· d any d .. DIIBw _.... In paragraph 1b d Illa Clllllalan: BIii d. .... nat .... ,.,.. pe,IDd ........ applcaliaio'plapcllll had -or -1111111c .. _... (Fedllal. 5'118 ar lacll)......,... IDr-ordlfBIII. 2. wt*9 .. .......-. ..--y ....... la 111111111 b ClltfylD -,d .. _111 la......._ Bldl ...,.... ...................... .. p,apoul. lJ!QlllUD av n en c1 .102 ' ,• • • .....,,-;-._ • 2 . Instruction• for Certification • L-Tier CoveNCI Transactions: (Applicable to all subcontracta, purchase onlels and oCher lower tier transacilOns of $25,000 or more • 49 CFR 29) a . By signing and submitting this proposal, the prospective lower lier la providing the c:ertiftcation set out below . b. The certification In this clause is a material rep,esentalion of fact upon which reliance -placed when this tranaacUon -enlllnld Into. 11 It la later detennlned that the proepeclMI lower tier participant knowingly rendered an emineous certlflc:ation. In addition IO oCher l'llfflllClletl available to the Federal ~t. the de!>artn*lt. or agency with which this transaclion originated may puniue available remedies, lncludlng suspenalon and/or debarment C. The pn)IP8CIMt lower tier par11clpanl lllall provide Immediate wntten nollce to the person to which this propoaal la submitted If at any time the pn)IP8Clive lower tier par11dpant learns that Ill c:ertiftcalion -emineous by ,_ of changed circumstances . d. The tenna ·coverec1 transaction." ·debaned; ·suspended; "lnellglble." "primaly covered transaction." •part1c1pant; •perso,; "pr1nclpal," "propoeal," and "l,olunlaltly excluded;• used In this claule, haw the n-*'111 NI out In the Oetlnllions and eo-age NCllona of NIN lmplemenllng Executive Onler 12549. You may contact the person to which this proposal la submtltlld for IIAistance In obtaining • copy of those regulations. e. The pn)IP8Clive lower tier parlldpant agrMa by submitting this propoaal that. should .. prqJONd covered transac11on be enlenld into, M 111811 not knowingly enter Into any lower lier CCMl9CI nnNdlon with • penon whO le dlbanwcl, suspended, declanld lnellglble, or voluntarily exdudecl from pat11cipation In this CCMIAICI transaction, unlNI adllorlz8d by the depar1ment or agency with which Ihle transaction originated. I. The pn)IP8CIMt lower tier par1lcipanl ful1her agrMa by submitting this propoaal that • _. Include thla clause tilled ·Cef1ification Regarding o.t.ment. Sulpenaion, lnellglbllly and Voluntary ~ Tier c-.11 Traneacllon." without mocllftcatlon. In al lower tier CICMl9CI ~ and In all solicitations for lower tier CICMl9CI nnuctkJnS, g . A participant In a CICMl9CI transaction may rely upon a certification of a p,ospectill8 par1ic;lpant In • lower tier CICMl9CI transaction that le not debaned. suepended, lnellglble, or YOluntarily exeluded from the CICMl9CI nnaactlon. unlNI tt knows that the c:ertiftcalion is erroneous. A pa,11dpant may decide the method and "9quellcy by which tt delennlnN Ille eligibility of tts pnncipala. Each par1lc:lpant may, but le not required to. check the ~t List h . Nothing containec1 In the lor9gOing 111811 be construecl to require .. ...,_ of a ayalam of r9COlda In onllr IO rwnder In good faith the cer1iAcallon ,wqund by .. ci..e. The knowledge and lnbmatlon of per1IC:lpant la not ,wqund IO exceed flat which la normally poaNNCI by • p,udent penon In the onlina,y coune of buail*8 deallnge . I. Ellcec,t for tranuc1iona auflorlzed under paragrapll a al ._ inHudiona. if • pa,llc:ipent In • CICMl9CI nnudlan knOwingly en.,. into • lower tier covered nnudlan will • person w11o la ....,.,..., Clabenwd . lnellglble , or ~ .. duded from Plf'(:ipallo,, In 1111 nnuc:IOn, in adcllorl IO Qlt-, rernec1tea ........ 10 118 Feclaral o-nmenl. 118 (J depar1ment or agency with which Ihle transaction originated may pursue available remedln, lndudlng IUIJl8flSlon and/or debarment c.tltlcallon Regarding DebanMnl, Suapanaion, lnellglblllty and Volunlary IExclualon-l.-. Tier C-.d T~: 1. The prospeclMI lower tier participant ---· by submiuion of Ihle propoaal, that neither M nor tts princ:lpall la Pf81811tly debaned, -.,ended. prupoaed for dellalment. declanld lnellglble, or \/Oluntartly exdudecl from pa,1k:ipellol, In this transaction by any Federal depar1mant or agency. 2. Whent 118 pn,apeclMI lower tier par1lc:lpant le unable IO certify IO any of the atalllmenta In Ihle Clll1lftcallon, IUdl p,ospectill8 participant lhall ll1lach an uplanation IO this proposal. XU . CERTIFICATION REGARDING USE OF CONTitACT FUNDS OR LOBBVIIIG (Appllcable IO al Fedaral-eld conatnlCtiOn CXJnlraCla and IO al Rllated subcontracll which exceed $100,000 • 411 CFR 20) 1. The prospeclMI pa,11dpant Clfllftee, by lignlrlg and submllllng Ihle bid or proposal, IO the beet of hie or her knOwledge and belief, that a. No Feclaral llllfllllflltat fullda haw been paid or wll be paid, by or on behalf of 118 unclanlgnecl. to any penon for lnfll*lclng or atllmptlng to lnlll.-an allar or 8ffllJloVIN of any Federal agency, • Mamber of eonc,-. an alllmr or emptoyae of Congraa, or an emplOvN of • Member of eonc,-In connection will .. ~ of any Federal contract. the malclng of any Fednl grant, .. malclng of any Federal IOan, .. enllllng lnlO of any coopaallw ~ and lie 8lllarlllon, contlnuallon, .....a. •••11111•,t, or modlflc:atlon of any Federal contract. grant, IOan, or cooperative~ b. If any ... other than Fednl ........... -.i ... haw been paid or _. be paid IO any ,._ tar lnlualclng or atllmptlng IO inllaa an allar or emplOvN of -,, Federal agency, • Member of c:oni,... an allow or 8ffllJloVIN of c:oni,.., or an emplOvN of • Mamber of eang... In connection will Illa Fednl -.net. grant, IDln. or cooperative~ ................ _....... and IUbrnlt Standarcl Form-LU. "Dlldlan Form ID Rapait Lobbying," In ----will III lnaliucllonl. 2. Thia certification le • ........ ··-Mtlai· of flict upon which.---placecl ..._ Ille "'-Clon -mada or enllNd lnlO . Submletlon of .... carllcltlan le • p,w9qUieltl for maldng or ..-Ing lnlD Ille tra..aan 111.,...ci by 31 U.S.C. 1352. ,.,,., ,._ who Illa IO .... ....., «-1lflc:allon lhal be lllllject IO a cM .... of nat ._ 1IWI $10 ,000 and not men than $100,000 for eadl IUc:ll llltn. llEQUIUD av "en '33 102 - t .:._ ... • • I. EXHIBITC FUNDING PROVISIONS A. The Local Agency has estimated the total cost the Work to be $145,000.00 which is to be funded as follows: BUDGETED FUNDS - I a Federal Funds $116,000.00 ~ ~ $ 80%lof Particioatina Costs I b Local Agency Matching Funds $29,000.00 20%1 of Partlcloatina Costs I c local Agency Matching for COOT-Incurred Non-Participating $00.00 Costs Clncludlna Non-Particioatlna Indirects) I TOTAL BUDGETED FUNDS $145,000.00 I ESTIMATED COOT -INCURRED COSTS I a Federal Shara $00.00 %lof Pa ... Costs I b Local Shara Local "----Shara of Particioaana Costs s Non-Participating Costs (Including Non-$ __ Pa .. , ... lndlreda)(1cl Estimated to be Billed to Local Aoencv IOU.00 I TOT AL ESTIMATED COOT-INCURRED COSTS $00.00 I ESTIMATED PAYMENT TO LOCAL AGENCY I a Federal Funds Budgeted (1a) $118,000.00 b Less Estimated Federal Share of COOT-Incurred $00.00 Costs C2a) I TOT AL ESTIMATED PAYMENT TO LOCAL AGENC-. S118 000.oo I FORCD0TENCUll8RANCEPURPOIE1 -3S- •• t • • • Total Encumbrance Amount ($116,000.00 divided $145,000.00 bv80% Less ROW A~uisition 3111 $00.00 Net to be encumbered as follows: $145.000.00 Oesian 23121P 3020 $20000.00 Const 23121P 3301 $125.000.00 Misc B. C . 2312 1P 3404 $00.00 The matching ratio for the federal participating funds for this project is 808/o federal-aid funds (CFDA #20 2050) to 208/o Local Agency funds, it being understood that such ratio applies only to the $145,000.00 that is eligible for federal participation, it being further understood that all non-participating costs are borne by the Local Agency at l 008/o. If the total participating cost of performance of the Work exceeds $145,000.00, 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 l 008/o of all non-participating costs; if additional federal funds are not made available, the local agency shall pay all such excess coats. If the total participating cost of performance of the Work is less than $145,000.00, 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. The maximum amount payable to the Local Agency under this contract shall be SI 16,000.00, (For COOT accounting purposes, the federal funds ofSI 16,000.00 and local matching funds ofS29,000.00 will be encumbered for a total encumbrance of$145,000.00). unleu sucb amount is increased by an appropriate written modification to this contract executed before any increased cost is incurred . It is understood and agm,d by the parties hereto that the total " cost of the Work stated hereinbefore is the best estimate available, hued on the design dala as approved at the time of execution of this contract, and that such cost is subject to revisions (in acconi with the proced~ in the previous sentence) agreeable to the parties prior to bid andawani. D. The parties hereto agree that this contract is contingent upon all funds designated for the projec t herein being made available from federal and/or state and/or Local Agcncy mun:ea, u applicable . Should these sources, either fedaal or Local Agency, fail to provide neomay funds as agreed upon herein, the contract may be terminaled by either party, provided that any party terminating its interest and oblipliona herein shall not be relieYed of my obliplica .)6. • • which existed prior to the effective date of such termination or which may occur u a result of such termination. .37. -- ,> SPECIAL PROVISIONS CONTROLLER'S APPROVAL CJ 1 Thia conlract lllal not be -valid until It lllal t,o,,. -. --by tho Co<-. of tho Stato of Colorado or such -• ho may designate Thia IJfOlllllon ii ~ to any con1ract lnllOMng tho payment of money by tho s ..... FUND AVAILABILITY 2. F'onancill obllgotior,a of tho Slate of ~ ~ -lho cum,nt 11aca1 -.. contingent ._, !undo lor 11111 -being --· budgeted, and---- BOND REQUIREMENT 3. W this contracl -lho payment of mon, lhln lllly ........i -. lor tho connuction, -.. rwpolr, -· or .._...,i of ,ny building, ,-s, bridgo. -.ct....-. -or -public -lor this S-. lho CoMaclor -. -~ ._ .. perton..,.. of ,ny IUCII --lnNl°"'*Kl.duly-and-tolhoS--whowlllignlhooanllael.1goodand-bcnlor-.......-anlyto be --by-afflcill In I penol un nol-INn ano-llol of .. IDCll lflQR payollll by lho -of 1h11 canncl Sucll bcnl -be duly- by I ~ c:orporall ... ely -UIJOft lho flilhlul perton..,.. of lho ........ and In lddllion, -...-... W .. Connc:lor or llil IUbc:onlrlcu9 fail todulypaylor,nylabor, -. lllm '*9. -· ......-,., ..........,or-~.-or-bylUCIIConnc:loror hil -In perton..,.. of .. --to be cu. or lalll to pay ,ny -who alPllliN -..-....ry, -·or~ In .. pn)MCUlion of lho -.. Maely wil pay tho ..... 1n 111 -nol ~ .. un ~In .. bcnl. loglllw .... -II .. -of 1911 S- ..... i-onnum -IUdl bcnl 11....-. -and-. ..,_In _of .. eor..ctorlrillng_lUdl......,..,.. be-.-or paid. A cenilled or_,_.,_ or I blnl< monoy Oldlr pa)'lllll lo .. T_of .. S-of Colorldomaybeacapllcl In ..,of I borld. Thia~ ii In complilncl wi1t1 CAS 38-:z&. 108. INDEMNIFICATION 4 . Tolhe..--bylew, .. __ lndomnilly.-.andl'dd-.. -... ........,_ond_...lgllrlll,nyandll-. ~.lill*yanda>url-lndudingC0111.-.and~--·•-of,ny1C1or..-by""'.......,,·orill.....,_, Agenll.-. ar-v-~to .. _ofthil""'*8c:l. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The Connclor -lo COfflllly wlel .. -and opirtl of .. Colorado.-.--· Ad of 11157, N -. 111d -~ IN ~---.....,,.._.....-(CRS-~ ----by-Onllr. Equal~---. -April 18, 1875. __ ,_-.,,,...,,_ ___ lnllS-_OI_. During .. perlormance of thil cornet. .. ContraclOr -• - (1) The Conlrac1ar wll nol-lglirlll ,ny ~or opplic:all lor ~ -of raco, cned. '"*"·-.. or1g1n.-. --. n,iiglon, onc:eRY, -or phyoicol handicap, OI lgl. The Connc:lor .. 11M ......... -lo -.............. ........,., and ... ~--during~--""'""' ____ ----.bulllCllbe_lo .. -.0: .......,,.._..~-_Of-. -OI --... ..,_ OI ~ -ol pay Of--ol --: 111d -lor nir*lg. indudlng --ip. The Connc:lor -to 11111 In......,..._ ..... -lo........,_ .... opplicat'llllor~ -.. be.,,_by ......... -~----"'--~--.-· (b)The Connclorwll, lnll-ar-•1or...,_plocadbyoran-ol""'~· ._.,.. .. ,.__.... .. __ lor.......,,.._.._-""'--..-.-..... -.--........ ~.-., ......... handicap, or•· (C) The Connc:lor ... land lo-llbor union Ol--ol--........ ,-·-...... _____ OI ...--.g.no11c1111be..-by ......... -.-. .. --.. -·IPl-..... ol .. C...--. __ .. E.18CUliwi Onllr. Equal Oppa,Millyond-Adian. _,.. 11. 1879. and-. ....-.--0..ol .. GIMnD. (d) The Con""'°'ond llborunionl•-11-and----by-()dor, Eq,111 ~---olAptl 11. 1975. onc1 by""' rulN. ._-. and Onln of .. G<Mna, or --._ 11111 •..,.._ID*-.-. 11111 _ by .. conlr'lding __ .. olllc» ol .. G<Mnao, llil.....,...., _ ., .............. ., _ _..,.._..., _, ..... ,.._ .... -· (e) A labor --wll no1.-,ny .._ -~...,,Ml-. rigl.-In Mdl ---·or...,.. ,ny-. indlvlduol ln>m "*'lbenl1ip In IUCli labor~ or -lglirlll ,ny of II -In .. U ~ -__.ay-of - Cl99d . '"*"· -. -origin. or onc:eRY . (f) A labor--· or""'....,_.,-._ .. nol lid.-.-· compol or cono""' clDlng ol ,ny ICI-In Iii oanhCI IO be doscnm.nolOlyor-...:t or~ ,ny--~-.. ~of ._......,.ar any onlltr ·ssuec1-. ar-p~ -diraclly Of indndly. lO commil""' ICI-In ............ be ....... -•. (g) lnlhe.....,.of ,.Conhctor'l.,..,.-."*"'.,...,""'_clllwol._......,.or...,,nyofMdl ru l-.~o,ordM,lil connct may be cancoled . .....,._or.._-In -o, In pen and""' CoMaclor mey be -it.lllgillll far --...._ In --~ -In ..-Otdlr. Equal Oi,pcnnlyond--a/Aptl "· 1871111111 .. rules.~.,-. promuigllld .. ------• may be lnlPC*d and -• -be -• ..-in -0,dn, Equal CJi>po,lunilyond --of Ap,118 , 1875, or by 111111. ,,.-. or-ptOfflUlglladln--. ar•-..- byllw (h )Theeon-.... -.. ...-..of ......... (1).-..,.{l,)ln.-y-11111-....... --....... .., 111111 . l9gUlolionl,Olonlln---to-Otdlr. Eq,,11~11111---olAptl 11, 1171. IDIIII _ _.... .. ... bonding._,_,,_.,_ The eor..-.. _ _,...,..,....,. • .., __ 40,......_ ___ _,. -may-··-"'-...--lndudlng-lor---....-.-......... _ .. e---ln.ari.--._..... ..... _., __ ,_., __ .., .. .._,...-,cv ... c:- may -lhe s-olColorldolD-n, IUCll llgolian 1o..-.. -o1 ...... o1c...... COLORADO LABOR PRl!FERENCE -38- ' .. • • Ga!RAL 7. Tl:a .... ol ..... olCollndoa,ldrulela,ld...-..... ..--............................ --. .......... o1 --/lwt__.ol .... __ o,nat----!IV .................. far ....... llV..,_..........,o, ..... OtwNchil _in __ .......... rulN. llld,.._ ...... _ ... llldvald. NalNl'l_ln_,__..._,..... .... IIV ....... IINd!IIIIIPIIIIIID,,.....111101_,_.,...........,.., ..... o,tnpatllllllie .... 01 ........ or ......_111_,_111111 _11V...,c1.,,......_--.,.........._ ,,,,,,__,_,.. ___ .. _...o11111..........., .. ,.,....,... .. .....," 1111-ID .. -IWI .. _IICllllllleol--. I.Alll..._ ....... ~olllll-. .. ~11111-..ir .... lDll ....... llllllllllld ........ rulN.llld ......... lWI ._ ___ ......... .......... II. ~1DCRS-.4i.a....n, .. 11111-...,_dlllll_tlt_ ................................ llll:4al ..... cMIIUPlllllllllll•cM1....,i-...1111 ..... ...._ ______ o,-................... 21. Tllla.CM; .... .... duelD .. ..._111111 .... ol .. ..,._IIIIWW~ldl--..... lDbepaldlD .. wa;f .. llllfWWWS I .Ull; ... 111 -unpaid dlllll ..... ID .. 11111 ,w llll'llllftCY.._,, .. _ olwNch II lllulld ID lie .... • a ,..r Illa...., .......... •--ID ~•OIIIIIIIIIV .. -- 10. Tl.a...,__ --tay-......,..., CM 1N301, at.-· (lllbay a,ld Canup!......_,• CM 1M41, at.-... !Mia dNII:: Olllce), llld hi no_ al_ pi-. ii...-. 11. n..---111-..........,..,no_...,.....__,,.,_,.. ___ .., .. _..o,_......,. -· .39- APRIL 1980 Nondiscrimination Provision,: In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Contractor, for itself: its assignees and successors in interest, agree as follows: A. Compljancc wjth Regulations, The Contractor will comply with the Regulations of the Department ofTransportation 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. B. Nondiscrimination. The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or national origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.S of the Regulations, including employment practices when the contract covers a program set forth in Appendix C of the Regulations . c. Solicitations for Subcontracts, IncJv4ios Procuremcnt of Matqials and Equipment In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential Subcontractor or supplier ~l be notified by the Contractor of the Contractor'• obligations under this contract and the Regulations relative to nondilcrimination on the ground of race, color, sex, mental or physical handicap or national origin. D. lnfonnatjon and Reports, The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto and will pamit gceu 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 i1 in the exclusive possession of another who fails or refuses to furnish this info~on, the Contractor ahall so certify to the State , or the FHWA as appropriate and shall set forth what efforts have been made to obtain the information . E . Sanctions for Noncompljancc . In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the State shall impolc such contract unctionl u it or the FHW A may determine to be appropriate, including. but not limited to : I . Withholding of payments to the Contractor under the contract until the Contractor complies. and/or; 2. Cancellation , termination or suspension of the contract, in whole or in part. P. lm199PP9P of Prpyiaiom. The Contractor will include the provisions of paragraphs A through P in every IUbcootnct, including procurement of materials and leaw of equipment, un1eu exempt by the Regulations, ordcn, or instructions iuued pursuant tbemo. The Contnctor will take such action with respect to any subcontract or procurement as the State or the FHW A may direc:t • a meaa of enforcing such provisions includina sanctions for noncompliance; provided, bowewr, dial, in the event the Contractor becomes involved in, or is tbreltened with, li1iption wi a Subcoalrlctor or supplier • a result of mch direction. the Conlnctor may requeat the Sate to enter into mch litiption to protect the intenlt of the State and in addition, the C-8llllmcmr may request the FHW A to enter into mch litigation to protect the intere1t8 of the lJlliad Sbal. ~·· ADDENDUM A: FEDERAL REQUIREMENTS Federal laws and regulations that may be applicable to ijie 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 tile extent tllat otller applicable federal requlremeatl (ladadla1 tile provllloa1 of 23 CFR Parts 171 or 633 or 635) are more 1pecUlc tllu provllloa1 of Part 18 ud tllerefore supersede 1ucb Part 18 provl1loa1. The requirements of 49 CFR 18 include, without limitation: l. 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 sec ion 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 18.37 subgrant procedures, u applicable; 5. the Local Agency/Contractor shall incorporate the specific contract provisions descnoed in 18.36(i) (which are also deemed incorporated bcrcin) into any subconlraet(1) for such services as terms and conditions of those subcontracts. B. Executive Order 11246 of September 24, 1965 entitled "Equal Emplcyment Opportunity," a amended by Executive Order 11375 of October 13, 1967 and u supplemented in Department of Labor gulations (41 CFR Chapter 60) (All construction contracts awarded in cxcea of S 10,000 by grantees and their contractors or subgrantees). C. The Copeland "Anti-Kickback" Act (18 U .S.C. 874) u 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 anntees and subgrantees when required by Federal grant progrun legislation. This act requires that all laborers and mechanics employed by contractors or sub-contractors to work on comtnlction projects financed by federal assistance must be paid wages not less than those establilbed for the locality of the project by the Secretary of Labor). E. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- 330) as supplemented by Department of Labor regulations (29 CFR Part S). (COllltnletioa contracts awarded by grantees and subgrantees in cxceu of $2,000, and in cxceu of $2,$00 for other contracts which involve the employment of mechanics or laborers). ... 2. ' • • • F. Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C. 1857(b), 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 the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163). H. Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, whichever is applicable. I. The Hatch Act (5 USC 1501-1508) and Public Law 9S-4S4 Section 4728. These statutes state that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally-uaisted programs. J. 42 USC 6101 ~ 42 USC 2000d, 29 USC 794, and implementing regulaaion, 4S C.F.R. Part 80 a,a.. These acts require that no person shall, on the grounds of race, color, mtional origin, age, or handicap, be excluded fiom participation in or be lllbjected to ctilcriminllion in Ill)' program or activity funded, in whole or part, by federal ftmda; K. The Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102, 12111- 12117, 12131-12134, l2l4l-l21SO, 12161-12165, 12181-12189, 12201-12213 47 USC 22S and 47 USC611. L. The Uniform Relocation Alsistance and Real Property Acquisition Polici• Act. 11 llllCllded (Public Law 91-646, as amended and Public Law 100-17, IOI Stat. 246-2S6). (If the contractor is acquiring real property and displacing households or busineaca in the performance of this contract.) M . The Drug-Free Workplace Act (Public Law 100-690 Tide V, subtitle D, 41 USC 701 Sil.BIL). N. The Age Discrimination Act of 197S, 42 U.S.C. Sectiona 6101 a..-. and its implcmentins regulation, 45 C.F.R. Put 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and implementing regulation 45 C.F.R. Put 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 Ripts Act of 1964 and 162(a) oflhe Federal Aid Hipway Ad of 1973. The requirements for which are shown in the Noadilcriminlli Pnmlionl, wbicb .. llllcllld hereto and made a part t.eof. AITACHMENT LO CertUlcatio• (or Federal-Aid Coatracta The contractor certifies, by signing this contract, to the best of its knowledge and belief: dial: l. 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 apncy, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congreu in connection with the awarding of any Federal loan, the cotcring into of any cooperative qn,ement, and the extension, continuation, nmcwal, ameadmeat, or modification of any Federal contract, grant, loan, or cooperative aa,eemcnt. 2. If any tbnds other than Federal appropriated funds have been paid or will be paid to any pcnon for influencing or attempting to influence m officer or of COllplll, or m employee of a Member of Congress in connection with tbia Federal COldnlCt, grant. loin. or ooopenilive agreement, the undersigned lball complete and submit Standard Form-LU.. "Dilclolln Form to Report Lobbying," in accordance with its instructions. This certification is a material ~ of fact upon which reliance wu placed when tbia transaction wu made or entered into. Submluion of this certification is a prerequisite for llllkina or entering into this tnnlllction impOIOCl by Section 1352, Title 31, U.S. Code. Anypenan who faila to file the required certification sball be subject to a civil pmalty of not lell tblll $10,000111d not mom than $100,000 for each such failure. The prospective participant also agree by submittin& his or her bid or pn,poul tblt he or she all require that the language of this certification be included in all lower tier subc:ontncta, which exceed SI 00,000 and that all such subrecipients shall certify md dilclole ICCOl'dinslY· Required by 23 CFR 63S .l 12 APPENDIXB DISAOV ANTAGED BUSINESS ENTERPRISE (DBE) SEcnONl. ~ It is the policy of the Colorado Depanment of Transportation (COOT) that disadvantaged busineu ente,priaes aball have the maximum opportunity to participate in the perfonnance of contnctl 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 Depanment ofTransportation DBE Program (or a Local Agency DBE Program approved in advance by the State) apply to this agreement. SEcnON 2. DBE Obliptiop, 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 perfonnance of contracts and subcontracts financed in whole or in part with Federal ftmdl provided ands thia agreement. In this regard, all participants or cootracton shall take all necessary and reaomble lklpl in accordance with the COOT DBE program (or a Local Agaq DBE Program approved in advance by the State) to emure that disadvantaged business enterprises have the maximmn opportunity to compete for and perform CClldnlcll. Recipients and their contractors shall not di8c:riminate on the buia of race, color, Dllional origin, or aa in the award and performance of COOT usisted contnctl. SECTION 3 DBE Program. The contractor (subrecipient) shall be rapo1111l>le for obtaining the Dillldvantap B1llinea Bderprile Proanm of the Colorado Department of Transportation, 1988, as amended, and shall comply with the applicable proviliom of the program. (If applicable). A copy of the DBE Program is available fiom and will be mailed to the contractor upon requmt: Business Programs Office Colorado Department of Transportation 4201 East Arkansas Avenue, Room 287 Denver, Colorado 80222-3400 Phone : (303)757-9234 revised 1/22/98 Required by 49 CFR Part 23.41 ADDENDUM B: CONTRACT MODIFICATION TOOLS The Local Agency and the State may use a Fundin& Letter in order to more apeditioully cblaee md 111111111 the.._ of this contract, if such use is wamnted by the circumstances as delc:ribed and IUlhariml .... FUNDING LETIER. 45 lJncier this Contract, the Local Aga,cy bas agreed to provide funding based on the terms u deacn'bed herein u needed to satisfactorily perform and complete the work, subject to the availability of funding. Funda are currently available and encumbered for the work in the amount apecifled above. However, the total COit to complete the wort, and the raulting total funding amount(•) to be provided by the Stale and Local Apo,;y in exchange therefor, • delcnW in tbil Contract or odlerwile made known to the Local Agm,;y, are only estimPd Iftbe parties determine that they bavp undcratimated/oven,dimaed the total COit of the work, they have the right to take the following action: A. to increuc/decreue the amount of available funds under dtil Contract. In the event of tbil action, the State will notify the Local Apaty thereof by Funding Letter. The Pundinj Letter will be in a form subltantially equivalent to the form attached hereto, and it llhaU not be deemed valid until it all have been ligned by the Local Agerq and approved by the State Controller or IUCh llliltant • be may.....,..., -ri COI.OUDO DIPAllTMINT Of TIWISfOIITATION AUTHOIUTY: CONTMCT FUNDINC INCIEASE/DlCIIEASl AND AJIPIIOVAL LETTEll Stall Controller Polley letter on June 12, 1996 Region: Complete section 1 and submit to COOT Controller's office. COOT Controller letter on Mav 23 1996 (l)Thls form to be used for the following contracts/situations only (check the appropriate situation): _Indefinite quantity, order more/add more _utlllty/rallroad, underestimated total cost _COOT construction, sum of CMO's _LA construction, underestimated cost CDOT construalon underestimated total cost COOT consultant. underestimated cost WnlftN 1 fhnlon UH) Date : (2) Prolea code !31 To: COOT Controller (FAX 1(303) 757-9573 ore-mall CONTltOLLER) Projea# (4) ... From : I Office : (5) Phone# (5) FAX# (5) Reolon I 151 " COOT has executed a contract with: (6) Address: !61 FEN# (6) Contract routing# (7) cons -.... ICII • o.lcMt l'O, SC or PC ,, Ill Fund Orgn. Appro. Prgrm. Fune. Objea/Sub-obj N/P Ga Reporting catg. Proj/Sub/Phase (9) (9) (9) (9) (9) (9) (9) (9) (9) Orlglnal contract amount Has a Budget Request been processed to cowr the contract amount Increase? S (10) -s no !141 Previous Funding Letter(s) total Preparer's name (15) S (11) ....... -··-·_J PHONlNO: This Funding Letter total Contract Administrator's/Business Manager's Approval s (12) (16) C,_J PHONE NO: Adjusted contract amount COOT Deslgnee 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 A4u'*' ~ _. 111u1..., a a llldlrlct _CE pool ellg. (19) S (19) S (19) dlll'fll CllclllMIIII I Cl. I have revi ewed the fi nancial status of the project. organization, grant and haw dllerffllllld lhll suffldtnt funds • ......,.. to cover this lncreue effective as of (19) State Controller or Delegee I: (2 0 ) EXAMPLE A(~ Sum Conttacts) lnlblt D, Pqe 1 ol 5 Company Nune: Project No. Addreu: Project Location Eiq,loyer (FEIN) ID Number: Subaccouat No. Invoice Number and Date: Propeu Report Dated: % Completed : (I) . Current Billing Period: From: To: BASIC AND/ OR SUPPLEMENTAL CONTRACT TOTAL : (2) s T ocal Billed 10 Daee: s Leu: Retainqe (10% of billing aot IO exceed S% ofcoalrlct) s Leu: Prior Pa~: s '• ~I Prior Billing : S 1.-Retaiaqe: s s ,, TOTAL CURRENT PAYMENT REQUEST : • -s (% To date of DBE work: ) I certify that the billed UIIOUIIII arc in aar-nt with the coatract tmma: Sipenn Xida ,,,,. .. ;. Co~lctcd x Coa1net Tocal • Tocal Current Payimaa lleq..c (I) " (2) -(•) EXAMPLE B (COit PIUI Fixed Pee Colllncll) llllllff D. ·-2 el 5 . Name: Project No . ~: -. 0'1:!J.Nl ID Number. Project Location IIMlice Number ad Dale: a. Proaea IU!nnrt Dalecl: Sublccount No . ,r. r.-lcted: BASIC AND/ OR SUPPLEMENTAL CONTRACT TOTAL s Prior neriod Billim Amoua1: s Cuneat Billino Period: Prom: To: DIRECT LABOR: n ia lndividuallv) Rqular Direct Hourly Rate Overtime Colt EmDloveeNamc Cluaification Houn s Haun• s Current 1bia Period Tolll AmoUlll flO 0. - Sublocal -Direct Labor s s llldirect _(%) <• apecifted in coatnct) s s OTHER DIRECT COSTS (la-HOUie) Lilt individually-11 ldllal CCIII • in fiaal COIi pn,poul; mileap (millll X S), s s CADD lln. JI S). eauin. nalal lln. JI S). etc. SUBTOTAL (DIRECT LABOR, INDIRECT & 011D!Jl DIRECT COSTS) s s FEE(%) (Al apecified iD die COlllnet) s s ," OUTSIDE SERVICES (S!Jbc:«-1,._ A Vmlon) (Lilt iDdividullly) s s (To be in die -llmaa -lllleh coaies) % To Dale OD DBE Wark s s Oulaidc Servica M • lltlll Expcmc (when applicable) s s TOTAL CUJUlENT PERIOD: s "' s TOTAL TO DATE : s s LESS : lletaiaqe ( I 0% of billina DOC IO aceecl 5% of c:omnct) s s LESS : Prior P1ymm11 s s PriorBilliJIIS Leu lletaiaqe s s s TOT AL CURRENT PA YMEIT REQUEST s s I certify that Ille bilkd -are ac:tual and in...-widi Ille coanct lenm: .)!pan illle DIM •Eli1tible clauificalicm anlv: ill accorclaKe widP ~ EXAMPLE C (S-,ific Rafa of Pav Colllnctll Eullltt D, P-3 el 5 . Name: Project No . Addrea: · (FEIN) ID Number: Project Locatioll lavoicc Number ad Da1e : Proarea Renart Dated: SubeccouDt No. %• •. ~ BASIC AND/ OR. SUPPLEMENTAL CON11lACT TOTAL s ' ii Prior Period Bi11nut Amount '" s Current Billm Period: From: To: PAY RATES: (Lilt • . . ... I~ Overtime Raia of Pay Colt F.mnlow,eName Cluaificatioa Houn 11oun• w--s .. SUBTOTAL-PAY RATES: s OTHER DIRECT COSTS (In-HOUie) s .. Lilt individually-II actual 111a u in final coat propoNI; miJeaae (mila X S), CADD lhn. XS). eauin. IWllllll llin. X S). lie. s SUBTOTAL (Pay Raia ad Oda Direc:t Raia) ·- OUTSIDE SERVICES (Sabcallllullaall & Vendors) (Lilt individually) ITo be in tbe -faraat-atlacll caniml s .. % To Dale Oil DBE Wort s ' Oullide Scrvica M1Np1111• Blqll8N (wlan applicable) s " TOTAL CURRENT PERIOD: s TOTAL TO DATE: s LESS: JletaiDlae (10% of~ IIIIC ID aaed 5% of caanct) ~ s LESS : Prior Paymenas s Prior Billina S 1..-RetaiDlae s TOTAL CURRENT PAYMENT REQUEST s I certify that the billed~ are actual ad in apeemmt widl'me COIJll1IC1 .._: SipatuR Tide DIie •Etiaible classificatioas only: in accordance with COlllnct •• In accordance with coalnct EXAMPLED hU SBCT10N I. CONTRACT DATA Local Apucy: Project No . Addrea: ------------- Employer (FEIN) ID Number:------Project Localioa _____ _ Invoice Number and Dale :--------...,......,-% Coq,leted: SubeccountNo. ______ _ BASIC AND/OR SUPPLEMENTAL CONTRACT TOTAL: S _______ _ Prioc Period Billina Amoallt: Current B, . Period : From: SECTION D. INCURRED COSTS DIRECT LABOR: (Lilt individually) Employee Clauification Nune SUBTOTAL-DIRECT LABOR BENEFITS ___ % OF DIRECT LABOR OTHER DIRECT COSTS (In-Home) List iDdiviclullly-at IC1llal COit; Milcqe (mila x $), CADD (In. x S), Equip mdal (In. x S), etc. OUl'SIDE SERVICES (0-•hvb & Yeadon) (Lilt individually) (To be in dlil -fcnmt. attach copies of invoices) TOTAL COSTS CURRENT PERIOD : TOTAL COSTS TO DATE : SECTION ill. BILLING TOT AL BILLING CURRENT PERIOD L__% OF TOTAL COSTS): Prior Billing: FedmlSIIIR S _______ _ LocalA.psySlm9 $, _______ _ SlaSlllleS _______ _ s To : Direct Hourly Ownime CGllt s Rate S H_. Cumm Tolal IO Thill Period Dale s ___ _ s ____ _ s ____ _ s ____ _ s. ____ _ s ____ _ s ___ _ S, ____ _ s ___ _ s ____ _ s ____ _ s ____ _ I certify that the billed UDOUDII are ICtllal and in a..-i witb tbe COl!ll1lct llems. Si IUR Title •Eligible classificatiom only 51 EXAMPLE E <Fixed Multinlier Co111nc11) Eullltt o. ,_ s er s ComnllllvName : ProjectNo. Address: Emninver <FEIN) ID Number: Project Localion Invoice Number and Date: - Promeu bnnrt Dated: Sublc:coual No. %C-leted: BASIC AND/ OR SUPPLEMENTAL CONTRACT TOTAL s Prior Period Billinll Amount s Cwmll 8mm. Period: From: To: . PAY RA TES: (Lilt lndividuallv) Replar Certified F"md Colt l'.mnlo,,....Name Cluliftcatioa Houn HnurlvRalea .......... s - SUBTOTAL-PAY RATES: s OTHER DIRECT COSTS (ID-H-) s Lilt individually-at actual rues a iD final COIi propcllll; mileap (milll XS). CADD Cbn . J1 Sl. """'"'· remal lhn. J1 Sl. etc. s SUBTOTAL (Pay It.ales 1111d OIiier Dilect Ralea) OUTSIDE SERVICES (Subcwalmm A Yeadon) (Lilt iDdividually) s (To be in tbe -fanmt-llllleh cmiim) % To Date on DBE Wort s ... - Outside Services Mwpmmic Exai-(wllm appliclllle) s TOT AL CURRENT PERIOD: s TOT AL TO DA TE: s LESS : Retaimae ( 10% ofbilliac 1111t IO -=-I 5% of c:oalnCt) "' s LESS : Prior PaymeDII s Prior Billina S Lea lletaiDap s .. TOT AL CURRENT PAYMENT REQUEST s I certify that the billed amouna are actual 1111d iD ....-widl 1111 coaaact -: Sipalure Tide 0.. COUNCIL COMMUNICATION Date Agenda Item October 7, 2002 10 a iv Initiated By Department of Parks and Recreation COUNCIL GOAL AND PRMOUS COUNOL ACTION None RECOMMENDED ACTION Subject Englewood Golf Course Indoor Tralnln Center Staff recommends that City Council adopt a bill by ordinance approving the agreement with TNT, Inc. to operate the Englewood Golf Course Indoor training center. BACKGROUND, ANALYSIS, AND ALTHNATIVES IDEN11Rm The Englewood Golf Course indoor training center was part of the dubhouse expansion in 1995. Six hitting bays with two computer swing analyzers were put In place. While the faclllty hu been a positive addition to the dubhouse, the revenue stream hu been minimal. Monthly use passes were created In 1999 to generate participation and revenue in the fadllty. In lhe flnt year appro,cimalely ninety passes were sold. The following yea, that number was cut in half. It has been realized that In order for the training center to be successful, a staff person needs to be on site during operating hours due to the golf swing analysis and to operate the computers properly. Staff believes Tim Grove (TNT, Inc. owner) will be an excellent addition to the staff and wil pnerate adcltional sales and revenue for the Englewood Golf Course. The service, tralnins and dub ftalng provided wil be a positive addition to the existing facility. The Golf Course wll stil be able to use the training center for dasses, training. etc. FINANCIAL IMPACT The Englewood Golf Course will receive $1 5,000 plus 10% of the net profits. Currently, revenues are approximately $8,000 from the indoor training center. In addition, this will also allow a savings of approximately $1 ,500 in staff costs due to dosing the p ro shop at dusk during the winter hours. LIST Of ATTACHMENTS Proposed Bill for an Ordinance TNT, Inc. Agreement ORDINANCE NO._ SERIES OP 2002 BY AUJ1fORlrY ENGLEWOOD, COI.ORADO, AND "1Nf POROCllF' WHERBAs. lbe l!qJewood Golf Coune indoor 1niDiaa calm' .. pat rl lbe dullbome expamioa in 1995; ud WIIEREAS, for lbe lniniq caner to be IUCCeUful, a Slaff pa.-needl ID be• lile durin1 openlin1 hours for lbe aolf swiq aaalysla, illlllUC:tioa, aolf club ftaill al adl cllll 11111; ... WHERBAs, nm Grove, TNT, Inc. owner, would be • amllca lddiliaa to Iba _,, for Ibis lniniq which will aenerare addkional Illa and mmue for lbe l!nalewood Golf Coane; ad WJIERBAS, lbe Golf Coune lniaiq center will llill be aYlillble ID 1111 aolf ODUne far cluaes and trainin1 . NOW, THEREPORE, BE rr ORDAINED BY 1111! crry COUNaL OP nm crry OP ENGLEWOOD, COLORADO, AS POIJ.OWS: ~-Tbe 1.ew Aasw ..... 111eac,r1111ta1a ....... Colcn6t..anrr.1ac. far video aolf ll'liaiJII, Dllll'IICdua, clllb ftaitll • ~ z ...... ii....., ......... $miqp 2 Tbe Mayar ia 1J111boriaec1 to lip 11111 Iba City Cert·-Iba~..._ 1be City r1 Eqlewood, Colaado, ad TNT, Inc. for•• blbalf rlllle Cly rlBapWCNld. lnlroduced, lad in fllll, and pmed CIII flnl readinl Ga Ille.,. day rl Oclabar, 2002. Publiahed II a Bill for an Ordinance oa lbe I lib day of October, 2002. A'ITEST: Loucrilhia A . Ellis, Ciiy Clerk -1- I. Loucrilhia A. Elli.s, City Clerlt of the City of EnsJewood, Colorado, hereby cenify lhll lbe above 111d foreaom1 ii a true copy of a BUI for an Ordilllnce. introduced, read in full, llld .-.cd on first readin1 on die 7th day of October, 2002. Loucrilhia A. Ellia -2- AGREEMENT TIUS AGREEMENT, hereinafter called "Leue", made and entered into thia __ day of _________ _, 2002, by and between the CITY OF ENGLEWOOD, a Colorado municipal corporation, hereinafter referred to 88 "City", and TNT TRAINING FOR GOLF, hereinafter referred t.o 88 "Trainer"; WITNESSETH: WHEREAS, the City owna certain real property which ia known 88 the Enc)ewood Municipal Golf Course ClubbOWle And Traininr Center, hereinafter called "Training Center", and located in the City of Sheridan; and WHEREAS, City and Trainer deaire to enter into a leaae for the manapment of the TraiPing Center located at the Enclewood Municipal Golf Coune; NOW, TIIEREFORE, for and in comideration of the mutual eovenanta hereinafter appearing and of the payment of the moniee hereinafter eet forth, the parties hereto agree aa f'ollowa: Sectipn l STATEMENT OF INTENT. The purpoee of thia Leue ia to provide video aolf traininc, inatructioo, club fitting and Dimension Z club aalea. Sectipn 2, GRANT. The City hereby apw to allow the Trainer to uae the 81N clNcriled in "Esbibi& A" of the EnptWOOd ClubbouN Tnininr Center. Section S. DEFINITION OF PREMISES. The "Leaaed PremiaN" • nlernd to herein ill defined to be the Gair Clubbouae Traininc Center, wbieb ill owned by the City ofBn,lewood. Colorado. See Exhibit "A". Sectiml 4. TERM OF AGREEMENT. The City hereby snots to Trainer the rilbt to bold the IAllll8d Premieel punuant to the terms of th.ii 1-b a one (h JNl' 1.-with two (2) one (I) J8U' rmewal periods by the acr-eat of both putieL 'l1le City r.ervea the :tipt to .apt, modify , or reject said written propcll81. If the Tniner in&enda to nnew the contnc:t they must inform the Director of Parka and Recreation thirty (30) daya prior to termination of the i.-. 'l1le City shall inform Trainer of its decision tb.rouch the Direc:t.or of Parka and Recreation. Section 5 USE OF TI1E PREMJSF.S. Trainer lhall have the rip& &o pr 1111 i 1111 of the 1.-d Premieel far the pupae al providiq video aoH' trainills imcNelirm, club lk&ias md Dia dra Z clult ....._ '11M Trainer apw to pay the~ GoltCourN 15% alw .._ of Dill ·= Z clubs. However, noduns in tbia I.-aball be caamued IO audlariae dl8& wluela ia prohibited under United Su&ae. S.... ar laall lMr . ca .. a, eDllt ar .......__ 0. occuion and with prior no«ifira&ion to tbe Trainer. the Ci&y aa, ._. a awl ID w the leued pnmille. Trainer ahall allow eudl 1181. Wbm the 1'raillillc C.. ia cbed, the City ha the ripe to uee the b--, llaya. • • Se,:tion 8. SERVICES . All aervicel provided by the Trainer ahall be rllYiewed and approved by the ~ rl Parb 1111d Recreation. Saetign 7. HOURS OF OPERATION . a) From May lit through September 30th rl each year, the Trainer ahall provide video golf tnininc aeven (7) daya per week and clurinc theae IDOll&iul lhaD be open each day t.o the public Crom 8 :00am and ahall remain open until 8pm Tueeday• Saturday. On Mondaye, the Trainer baa the opaon rl cloeing at 8pm. b) During the 1DC1Dtha rlOctober lat throup April 80th rleacb year, the Trainer ahaJl provide video aolf tninUII NYeD (7) daya per week and durinc th- montha ahall be open each day to the public 8:00am until 8:00 p.m. c) Haun rl operation may be modified with wri&&m apprcwal from the Director rl Parka 1111d Recreation or hill deeipee. d) Cloains CID Sunday ia permi**8d. Nothinc herein lhall be CCIDltnled M probibwnr the Trainer from beinc open for o&her boun in addition t.o thoae e&ated in pal'lllnPha •a• and "I>" above . Train• may clme CID Cllril&maa Day and '11wwpviDs Day. e) Trainer apeea t.o cooperate with the Golf Count Manapr in ICheclulins aolf meetinp and events. In the event rl uy cliaap'Nlllent, the ma&&er lhall be re£erred t.o the Director rl Pub and Recreation and hialher dlcilian ii &nal. f) Any act;uaanenta t.o the houn rl opera&ion mut be l!PPflWad by tbe Director rl Pub Ii Recnuion or hia delipee. r) Trainer and or the City may temporarily clale the Trainiq Cea&er far cleanins, conacruction 1111d maintmance undar a mu&uallJ asnad upon....._ $w:tim 8 MAINTENANCE , REPAIR AND REPLACBMBNT. a. b. 'lbe City lhall be neponaible &ir the cm& and eellction rltbe amatraet.or &ir maintenance, npain and replacement rl Ml WRAP 11 uul 12. SECTION 9. CLEANUNESS GUIDELINES . a) All Nlee, recu)ationa and ruidalinee nqujrad by the City rl Enpewood mua be adhered t.o. b) All applicable local, ltate and Fedllnl Govenua.at Ada and......_... auat be adhend t.o. c) Any apec:i&c pidalinee •abtilhed by die Dinctm rlhrb ad a.r, ti n •• be adhend to. 2 $ectionl0. INSTRUCTOR USE AGREEMENT INCORPORATION. The Trainer understands that its use m the Golf Coune Training Center facility ia alao subject to any and all instructor use qreements and IUbjecta itself to the terms m thoee qreementa. Section 11 RENT. a) Trainer ahall pay rent to the City in acoordance with the following echedule: i Commencing on the Trainer ahall pay I 115,000 per year paid monthly (11250 per month) plus 10% m the net p~ (paid annually). Expenaee include but are not limited to JeMe payment, labor, operating coeta, and fixed cbarpa. The aforesaid fixed rent payments ahall be paid each month, in advance, Oil the fint day m each month or Oil the tint Manday m each month if the first day falls on Saturday or Sunday. A penalty fee m 110.00 per day or part &henol ahall be cbarpd b eac:h day or part therem that the rent ia pa& clue, until 11:00 midnipt on the 14th day paat cfue. ll the rent paymmt ia a nceivecl by lliidmpt on the 14th day paat due, the Trainer ahall be in violation m the terma m this Agreement, and subject to termination . Sectiog 12. UTILITIF.S . City ahall provide all utility com lor operation. ll addmanal utilmel are necwary, the Trainer will be naponaible lor inNUaaon caata. Section 13 JANITORIAL SERVICE AND TRASH REMOVAL. City aball be reaponaible for the ,.._able caa& m &nib ,nmcwal and jait,anaJ NrYice for the Leaaed Premiaea. Nodunr in thia ParasraPh ahall diminiah the Trainer's requirements set forth in Parapapha 9 mcl 10. Section 14 PARKING FACILITIES. a) The existing parkiq facility adjacent to the Golf CoUlw ClubbouN (heninafter called "J>arkinc facility") ahall be open for -by Trainer and its Cllltmlen; such right m UN m the said Parkins faciliaea ahall be non-acluaive rip&. b) City aball at its own expense maintain the parkiq facility, which eball include ,now removal when n~. Sectjop 16 SIGNS . Any llipap for the lewd pramiae aball be the .. naponwibitity mlbe 'l'nilller. All llipap mun be approved by the Director m Parb aad Recnaaaa or hil ........ Section 16 ADDfflONAL FACILITIES AND EQUIPMENT. Trainer ahall have the rip& to ina&all adctinonal facili&iae Md eqqiam& with Iba COONGt m the Dindor m Pub and Recna&ion or hil d fptN Pw mntl;r auached fixtww or equipaent eball becmae praper&y alba Ci&y .-........ a the ...... Penunentl)' auacbecl fmunl are conaidarad to be my ma dlll& w damap to the buiJdinc upon 1'81DOVal 3 Section 17, SECURITY. Trainer is responsible for the obtaining oC theft insurance covering equipment, aupplies and penonal property oCTrainer. Such policiee shall contain no right oC subrogation against the City. Trainer shall provide a copy oC the policy to the Director oC Parks and Recreation. Additional com for aecurity, u required by the Director oC Parks and Recreation or his designee, shall be the responsibility oC the Trainer. Sectigp 18. PERSONNEL. a) Trainer shall at its own expense employ auch qualified peraonnel u may be n-=-ary for the eonc:eaion operation and ahall require all peraonnel to be clean, polite, and courteous in their tranuctiona with the public. b) Trainer shall give penonal supervision and direction to the operation oC the Traininc Center and, when absent, keep competent penonnel in charce. c) City shall not be reeponsible for the wape or salariN oC any employee or repreaentative oC Trainer, nor for any debts, liabilit.iee or other obliptiona oC Trainer. cf) Neither the Trainer llOl' the employees who perbm aervicea punuant to the Acreement shall be COD8idend employees, 88l'Vllllta or apnts oC the City oC Englewood u a l'll8Wt oC the perbmance oC aervicel under the AcreemenL e) Violence and acts prohibited by law commiued by Trainer or .. ployeea oC Trainer aball cauae immediate termination oC the i.-. Sectigp 19. LICENSES AND PERMITS. Trainer, at its own upeoae, aball aeeure any and all ticen8N and permits b aervicel. Sectigp 20. INSURANCE/INDEMNIFICATION. a) Trainer asnee to 6arniab to City a perbmance hood or letter oC credit in the lllllOWlt oCTen '11louaand DoUan (Sl0,000) cuannt.einc fai&hful perbmance by Trainer oC all payment oC nnt, pn-paid ,-, ....... a UIIII with all terms, covenants, and conditions herein contained and compliance with applicable City ordinancel. Said bond aball he Curniabed u oC the within 80 days oC aiped qreement. b) Trainer shall at Trainer's own 8lql8Dll8 keep in full me and ell'ect dunn, the term oC this Le-atatutory Worker', Compenaauon coverap. A copy oC the certificates oC insurance aball be aent to the City in care oC the Department oC Risk. c) INDEMNIFICATION. Trainer acreea to indemnify and bold bumlea the City oC Enclewood, its officen, employeee, inaunn, and aeU'·iularance pool, frmn and against all liability, claims, and demands , on 81lCDWlt oC injwy, laa or daaap, oC any kind wha'-Yer, which ariN out oC or are in •Y -CXIIID8ded widl Trainer, if auch injwy, loa, or damap ia cauaed in whale ar in part by the lie&, omiaaion, or other C.ult oCTrainer, or any afflcer or emplDJea oCTrainer. Trainer qreea to invN&ilate, handle, reepond to, and 110 proride .,__ far any auch liability. claima. or demands at the aole upeaae oCTrainer, and..-to bear all other C08t.l and upeoaea related thento, indudinc COUit Clllla and ......., r.., 4 • • whether or not any such liability, claims, or demands alleged are groundlese, Calae , or fraudulent. d) INSURANCE . i. Trainer ia to procure 11Dd maintain, at its own cost, a policy or policiea ol insurance aufficient to insure against all obligationa UIWlled by Trainer punuant to thia Lease . ii. Trainer ahall procure and continuously maintain the minimum inaunace coverage's liated below , with the forms and imur8n acceptable to the City ol Englewood. In the case ol any cJaima-made policy, the neceaaary retroeetive data and extended reportinr perioda ahall be procured to maintain such continllOWI coverage. (A) General liability and erron and omwiona inturance with minimum limits ol one million cloDan ($1,000,000) per each penon and one million dollan (Sl,000,000) per each OllCllffllllce, plua an additional amount sufficient to pay related attorneys' fees and defenae COit.a . iii Fire and Extended Coverage Insurance ahall be provided by the City on the ClubHouae buildinc, and ext.ended buildinp included in Laatecl Premiaee, only. Trainer ahall be IIOlely retpOlllibla ror aacurinr and paying for insurance coverap on tboee improvementt and contentl beloncmc to Trainer located in or on the Leaeed Premitell. Trainer hereby expreaaly waives any cauae ol action or right ol nccweiy, which Trainer may hereafter have apintt City for any be or damap to 1.-d Premitet or to any contenti or improvements thereto beloqinc to either party, cauaed by fire or explosion. iv. The policies required above thall be endoned to include the City ol Enclewood and the City ol Enclewood's o8icera and empioy811 aa additional intured. Every policy required abcwe tbaD be primary inturance, and any insurance carried by the City olEnpwood. m officen, or ita employees, or carried by or provided tbroup any aelf'•intunnee pool ol the City ol Enclewood, thall be el1C811 and DOC contributory inturance to that provided by Trainer. v . The certificate ol insurance provided to the City ol Enclewood thall be oompleted by the Trainer's insurance apnt u evidence that policies providing the required coverage's, conditiona , and minimum limitt are in Cull force and effect , and thall be reviewed and approved by the City ol En1lewood prior to commencement ol the Apeement. No odler bm ol certificate shall be uted. The certificate thall identify thia Apeement and shall provide that the coverap'a afforded under the policies shall not be canceled, terminated or materially chanpd until at leut 30 daya prior written notice bu been pven to the City ol Enclewood. The cmnpleced certificate ol insurance shall be tent to : Department ol Risk City ol Enslewood 1000 En,lewood Parkway En,lewood, Colondo 80110 5 • • A certified copy of. any policy llhall be provided to the City of. Englewood at its requeet. A copy of. the certificatell of. inaunoce ahall be 18Dt to the City in care of. IMpartment of'Ria!k , 1000 Englewood Parkway, Enclewood, Colorado 80110. vi. The partiee hereto undentand and apee that the partiee are relyinc on, and do not waive or intend to waive b:, an:, pl'OYWOD of. thia Agreement, the monetary limitatiooa (preeentl:, Sl,000,000 per peraon and '1,000,000 per occurrence) or any other ripts, immwwiee, and pro&eetiona provided b:, the Colorado Govemmental Immunity Act, C.R.S. 24-10-101 et aeq., u &om time to time amended, or otberwiae available to the partiee, their officers , or their employ-. A certificate evidencing lllid ineurance policy ahall be kept on file with the Department of. Risk of. the Cit:, and aball have a provision that the ume ehall not be akend. amended, or canceled wnbout lint pvinc written aoafication thereof to the Cit:, thirty daya prior thento. Trainer tiarther apeea to indemnify the City for m:, claima broupt apinat the Cit:, becauee or on account of.Trainer'• operation. A copy of. the certificmea of. inaurance ehall be aent to the Cit:, in can of. the Department of. Riak. Saetjgn 21 . FIRE OR NA'l'URAL DISASTERS. In the event fin or natural diluter nnden the Club 8-and it.a Training Center facilities inoperable, the Trainer aball be releued from the terma of. compematioo to be paid the City until auch time u the City daclarea the Club Houae and it.a conceaaion Cacilitiee open and operable. IC in the event euch conceeaion Cacilitiea are not open and operable within a period of. thirty (30) daya &om the time of. eucb cliaaa&ar, Tniner bu the richt to terminate ita contract and 1-with the Cit:, under Section 24, Termination of.1-, contained herein. Sertjgp 22, TENANT RECORDS. Trainer aball keep and maintain completa and accurate record& and accounts of. it.a buaineae on a calendar :,ear bMia. A IIIGlltbl:, npon ebaJl be smerued pJVriding a breakdown of. 0 p'Oa ...... . Sueb recorda ahall be maintained in aacordance with generally accepted accounting prineiplN and lball be audited annually b:, an independent aceountant certified in the S&ate of. Colorado. 'l1l@ ncmda ebaJl clNrlJ ahow Trainer', P'CJa ealae. Sueb ncarda IIDd aamunta, includiac all .... tu NPOl'tll that Trainer funliabea to an:, pemamt ar .,.,..._..i acenc:, ahall be made available Cor inapection at an:, NMOllable me upon raquea& of. the Ci&:,, die City'a auditor, or other authoriwl repnaentative, and a cap:, of. aueb annual audit, inc:bMtinc all written comments and recommendatiooa of. aueb indepandent accountant, aball be fumiahed to the City Clerk within 90 daya of. tba clme of. die &.cal ,-r being IO audited. Ses:tioo 23 . TERMINATION OF LEASE . a) Thia 1-may , at any time, be larminated b:, ai&ber pan:, upon thirty (30) da:,a' written notice to tba adlar without --· b) The partiea may terminate the Laaa b:, pv-thirty (30) da:,a' wri&a ...,. of. a violation of. Nelion 5 , 6, 7, 8 , 9 , 10, 11 , II. l :l, 14, and 16 c) Viola&ianof.puapaplla 18.17.19.wlll>allallbe ..... r.illla1ti..e l8laina&ian of. the i.-. 5tc1ioo lt DEUVE.IY AND IDIOV AL UPON TDMINA110N. 6 Trainer will deliver the premiNI at the termination of thia Leaae in • piod eondition and state of repair aa when received, except for ordinary wear and tear or ._ or damap cauaed by an act of God. Upon termination, Trainer ahall have the ript to remove any auppliee or penonal property beJoncinr to or inataDed by the operator, subject, however, to any valid lien or c:Jaim, which City may have b unpaid r... Provided a.lao that if l8id removal C8W181 any damap to the pnmilea, l8id Trainer will repair the aame in a proper and utiafactory manner at ita own expenae, Sec;tjgp 25. 1bia Agreement may not be lllliped and a aubleaae shall no& be allowed without the written conaent of both partiee. Sec;tjgp 28. NOTICES. All noticel, demanda and commwucationa hereunder ahall be penoaa11y aerved or liven by eerti&ed or reptered mail, and: a) If in&ended for Cay lhall be addreeaed to City at: City of Enc)awood Attention: Director of Pub and ReerNtion 1000 EllplWOOd parkway En,lewood. Colondo 80110 with a copy &o: City ofEDp!WOOd Attention: City A&t.orney 1000 En,lewoocl Parkway Enc)ewood. Colorado 80110 b) If intended fur Trainer lhall be addreaaed to Trainer at: c) · Any not.ice civm by mail ahall be.._. daliYwed wlMD dip ·win a Unialad Statea pneral or bnach palt c6e, addl 111111 aa abon, wi&b paa&ap pnpaid, or when aerved penoaally at the applieable addreea. Section 27. ENTIRE AGREEMENT. Thia Leue, logether with the exhibit A auached hereto: a) Containa the entire Leaae betwMn the paniea; and b) Shall be eovemed by the Ian of the &a. of Colando. Sec;tjgp 28. SEVERABILITY. If any clauae of provilion of thia I.-ia illlp1, iDvalid or....._ ...... adar preeeat or flatun law e6dive durins the-.. of dla Laaae, ..._ ad ia 11111& .._&. it ii the intention of the paniea b..., that the ne•._ oftlaia Law ....... be aft'ectecl thereby. It ii a.lao the intation of the Pllltiaa ID thia ,t..e ... ia .. of lMla claUN or proviaion of thia I.-that ia illpl, invalid or• I I 11 , .._. lie 7 added aa a part oC this Lease a claUle or proviaion • limilar in &erma to IUCb illepl. invalid or unenforceable cla118e or proviaion aa may be poaible and be lapl, valid and enforceable. Sec:t;ipn 29, CAPl'IONS . The caption oC each Section ia added aa a matter oC coaveaience only and lhaD not be coneidered in the conatrw:tion oC any proviaion or prarieimll oC thil LNN. Sec:t;ipn 80 BINDING EFFECT. All terma, condidone and covenanta to be olllerved and pedwaed by t:be par&iN hereto lhaD be applicable t.o and bindinc upon their nepect:ive hein, aclminilUat.on, e:a:ecut.on, euceeaora and lll8ipa. IN WITNESS WHEREOF, the para hento have henaato • their lumde and eeale aa olthe day and year 6m abon wmtm. Sec:t;ipn 81. AD.IUSTIIENTS TO AGREEMENT Any cbanpe or adjultmenta t.o thil apMllllllt mlllt be appnwed by the DinctGr oC Parb • RecrN&ion. CITY OF ENGLEWOOD, COLORADO ·City" By:---------------Jerrell Black, Dinctm oC Pana 6 a.er..... TNT TRAINING FOR GOLF -rrainer" By: _______________ _ STATE OF COUNTYOF ) >•. ) The foreaoinl inetrumen& •• acknowledpd befan .. tbie _ day al ------mo_ by • at My Commieeim apinl: ---- • City ·o, Englewood .. 00.JLJF .. ,_(C(Q>IDJMJE I I I Exhibit A I --•"" I c.,,.. .~:=-.1.,:.,-:-t,-oc-~~"-................. :a 1N'f'• '{~· . ·.~r.ef3:!:<,:..;·:~-·~~ • Exhibit A • BY Al.TIHORITY COUNCD. BILL NO . 38 INTRODUCEDBYCOUNCD. MEMBER WOLOSYN &W:r~~U:ANk&iflll-F 111191 .JiWC99, QQI.A)IWJO, WHEREAS, Dan Clayton, Safeway, Inc:. submitted The Shops At Hampden & Lopn PUD application ro rezone lhe Safeway, Inc;. propeny from B-1 B111ineu Dilcrict ro a Planned Unit Development (PUD) ro permit lhe llddilional principal UICI of a fuelina facility; and WHEREAS. lhe subject 1i1e is localed at the nonhwat comer of the intenection of Soulh Lopn Street and US Hipway 285 and is compoaed of 4 pan:el1 totalin& 4.33 acres; and WHEREAS, die site contains die Safeway p-ocery stare. built in 1984, and required parkina; and WHEREAS, the shops ro die north of the parkina area are not put of the propoaed PUD, however the PUD site does contain 54 parkin1 spaces for lhele bUlineues per a pnvious pmtina agr=ment; and WHEREAS, the 1979 Comprdiensive Plan idcntifiea the site II pan of die Central Blllimu Dislm:t or downrown area; -S WHEREAS. the propoaed fuelinl facility in the ~ conm of die siie iDcludea aix (6) multiple product dilpealen (12 .. pumpa). u lllelldal kiolk. -S air pump lllliaD, widt a 106' by 45' canopy 1h11 ii 20'. hip pn,poNd over the pumps-S kiollt; and WHEREAS. the propoMd fuelin1 facility ii IO operlle cm a 24-baar balis wilh u llte8llllll available durin1 typical Safeway 1111n: houn (6 -IO midllipl); ad WHEREAS. the applicatioa reqmall .-.iq from 8-1 B.-Dilllic:t ID a PUD ID allow 1111 addition of a fueliq facility• a penniaed priDcipal IIIC 111d a -1 pnlm cem. 11 • ~ UICI IO the standard B-1 zone UICI; and WHEREAS. fueling facilities (service llllions) are not a penniaed 111C in die 8-1 Blllimu District; and WHEREAS, the En1lewood Plannin1 and Zoain1 Commiaioe held a Plablic Heai!lp ca May 7. 2002. June 4, 2002, June 18. 2002 and July 2. 20021-d--.y ..S reviewed die application ; and WHEREAS, lhe En1lewood PlanninJ aad 7..oaills C~HKMI i10MNN H apprvval wilh additional conditions to the PUD; NOW. THEREFORE. BE rr ORDAINED BY THE crrv COUNCD. Of 11111 arv OF ENGLEWOOD. COLORADO. AS POI.LOWS : ~-The Plaaned Uait De~ aaadled • "BallilNil 11.• b 1'la ... AA Hampden .t Losan PUD .. die locllioD of_._. cxnar of•-. II • ol Saa* LAlpa Street and US 285 is hereby appoved willl die followias nwtiricw· -1- • • I . Refueling tanker IIUClr. acceu to the lite shall be only from Soulh Sbennln Street access via U.S. 285, and shall be accomplilbed between the houn of 11 p.m. ro 6 a.m. 2. The ourdoor prden center acceuory use shall be llmillid ro die IIIOlllba of April dlrough July, shall not llliliz.e mcn lban 20 paddna ..,._, 111d die layout shall be comiatent with die PUD pr.-l lite plan. 3. The shrubbery between the sidewallr. llld Sou1b Lopn Screet lball be of one apeciea, consialent in height 111d widda II lllllllrity, ad lball aot be of a lpeciel lhll will owqrow die lidewllk. A llunlilla BUib lplCill ia Algened Parlber, lhnlbbery 111d leadlclpiq prGpOlld OD die welt lide of the lidewlllt sball be moved fur1ber Wit up die llope IO pn,vlde more gnu cloler to the aidewallr.. 5. Sign 14, u illuatrared on Sheet PUD-7, sball be tlCOiilllucted or replaced. Thia lip sball llOl exceed 100 ..... r.& (per fa&:e) la IOIII area and sball include & IIIWIIUII of 50 .... fllll far off......- lldveniaing for mail ~ lilllllllll of Tbe Sbopl. Haapllll lDd Lopn. llllroduced. iud in full, ad puaed OIi fial .-lint OD die ,. clay of A..-, 2002. Publilbed u • Bill for ID Ordinuce oa lbe 9dl clay of A.-. 2002. Public bearina held oa the 3• day of 5'pllmller, 2002. Reid In full, llllellded, 111d puaed u lUDellded aa lbe I~ clay of. 4+, 2002. Publiabed u ID amended Bill for ID Ordinance on die '1J1" clay of S.i*i,llier, 2002 Reid by title and puaed OIi final radina OIi the.,. day of October, 2002. Publillled by title u Onlinance No.---• Seria of 2002, Clll lbe 11• clayofOclabar, 2002. ae-tyJ.Bradlliaw, ATl'EST: Loucrishia . Ellis, City Clert -2- I, Loucrishia A. Elli.a, City Cert of lbe City of EnJlewood. Colorado, hereby cenify lbal lbe above and fcnaoing is a lrUe copy of III Amended Bill for• Ordinace. inlroduced, ftlld in fuU. palled on first ~ng on Au11111 S, 2002 llld publilbed in full oa Auplt 9, 2002. A public bearing WU held lbe 3n1 day of September, 2002; lad in fuU. IIIIDDded, and paal M llllellded oa die 16" day of Sepeember, 2002, and published• an Amended Bill for an Ontinance on lbe 71/' day ol Sepcember, 2002, lad by lillc and pllled on fiDal radina oa die 7* day of Oclober, 2002, and published by litle • Ordinance No. Series of 2002. Loucrilbia A. Ellis Loucriabia A. Ellis -3- Read by title and pased on fiDa1 radin1 on the 7" day of October, 2002. Published by title u Ordinance No. _. Series of 2002, on the 11 lb day of October, 2002. ATTEST: Beverly J. Bndlbaw, Mayor Loucrilhia A. Ellis, City C1crt I, Loucriahia A. Ellis, City Clerk of the City of Enalcwood. Cokndo. benby certify lbat "'° above and fcnaoin1 ii a true copy of the Onllnancc paued on flnal l'Cldma and publilbed by tide u Ordinance No. Series of 2002. Louc:riabia A. BUil -4- IIACICGIIOUND .. ____ .. _______ ...,.._.._. ... --·-----...-·--·---·-...... __ .. _______ ,__. ___ .. ,.... .... ------~---.---· .. -....-----..... ---·-.. ·--.. -----~---------....-----------. ::"""-~=:.:~==--===~-==-----------·-·---===-=-=:-.!'------.-..-·-·---------..--·-·--~----.-.-· .. -··---.... .,_ --·---------~-............. ---..-.-----PUii Dl5llllCT PINI RDlUIAnDNS ...... ...._ -----·---·----·--....... ---..---.......... .._. ____ ... _____ .. ....,_ ... ... , _________ _,_ __ ·--·--·----·-·---·----·--i~- '' -----.---ll .._ _____ _ u--.......... ----:=.:.:.----,,--....-------.. -.-.-.----:=--:-----.-.. -g~!==-n.,._ .... ~-............. -._ __ ..... _ .... _ :==.:.-...---··----~~-·-·---- :::.-:... ,,_..,.._ ·-....--: = :..-:--=-=-·· ~ -:=--~=-----.--~=s~-: ~~~--= ==---:=:!'"--·-----==~=--------., ...... -~-:::-:...-·--,...,.._ ... :::::~--=-- ... --------··------· _____ .... __ THE SHOPS AT HAMPDEN & LOGAN PUD .. 4 -,------------------, ..,,..,_._ - =-·-~,--------·-----·---------~---- .__.. .. ._ _________ _ -------.w-nw.-.w-w----.-------- -.w-nw.-.w_w __ •w-rw-..--------- --.w-•rw-------------- ~-• .,..-.:L"\Cl'S.ftl'U.r-........... ..,,,.,&,.,..~-------------- ~.lF.!L .... , .. !!ffr.W.illaVA."n"SoG'!f &V- _, __ ,_______ _ _ __.._ -·---·--------·----.. ·-·-----·--·-----------· -------·-------~-------- WWW ···------... -----------·----------------------.. ----... ........ ---- • I ' I ' I ' I ' ·-,! I ! I I ' ·I ' I ' !-LIi!:~~ I ' I ' I .... ·~~ -- n N I _ .. __ --·-·-·----------------·-·-·---_..,. ____ _ -------------·-=== I N . I • ~ . I WI.II --. .. I . I . ·-I ! _.._ I ! -~---·---- • 1 --------·-----·-----------------------··=:=a-= ii;-11111 I II N .s;_J-----i 4 ----·-i ..., ---~ ----- /'> / / I . / / I ! / / / / I ! / / / I / ' I I Ii I I I I 11' ,• " .. I,, I .•' I ! • 1 ' ·I ' I _ .. .. .. 4 ..., -- ul --··•··----·-----........... __ _ ----~-----···----_____ ....... __ _ ----------______ .. ,.,._ ___ _ ---···----- .. N 4 ..... ----••• 0 .. • fl ·::i,r-··------ e -.---·- 0 ·---- ~=.:-~ ----··--~---·- -~-_c,.t .. . . ~·~ ' . ... ... J .. • ~, I l , ·. . ·• • • • .. .. • I . ., . . . • • .. -~ . . ' ··. . " •.• t. ' :,· . ,,_\ . ·---------··---:_ __ --··-- • \, ~ . I ~ I . I \ --1 I • ---•=--=---- ....... .....,_ ------ • _ .. _ t + + + .... __ • t ( .. ... • \., ' • . ....._ ... " .... ·--·-.-..,~-· ...... ~'!.. •. 1--=--· .... -=-----=w·-----ma&& .IMlfflll:I --·---··-I·=~=--:::-.:.. -----=-=====--·---·-·--;;;;;. ___ _ I _, ___ _ --------·--·-~-, ... -~ ----1-·-----·-__ --::;...,,-.. ~~-----1------=--·---·· ----- 1===--:::-; -:=.::-_ ---·-·-----·---·-~---- :l~~£W fl1IR' M VIIIIIRwaw .........,_ .. .... _____ _ ·-·----...... -·---·--·----·---·-----·-----·-·----···-·-----·-----.. ·-----•---.--•--.-·--1•------- • .. \, t llf•-- • .. 4 ..., -- '-... ------+ --- I I .-L ~ . . . . . . -----·1&••-.•. ·-- Q ---. ·--Qi -----~--- . . -. . .• .. .. """' ·-···--· .. ~--- -----\' ," j' I ' 'I ( ', W I ' ' ......... ,, ............ ~ -', 1':: ) \ ! ' /, I r , • 111181ANCBNO._ SERIES OF 2002 BY AUTiiORllY COUNCIL BILL NO. 42 INTRODUCED BY COUNCIL MEMBER GRAZULIS WHEREAS, Englewood Mercbanls are cumntly prohibited fiom coaductiq lidewalk sales buod on ratrictioaa in E.M.C. Titles 7, 11 and 16; and WHEREAS, recpm from mercblllts oa bow lidcwallt sales mipt be allowed lead to City Council's propoal 1U1borizina two (2) citywide public lidewalk aale even1a per,-; and WHEREAS, 1be puaae of 1lua OrdiDlnce will coatiDue to probibit public lidewalk sales except when authorized by lbe City by annual City Council raolution; 111d WHEREAS, the Englewood Planning and Zoaina Commiuion beld a Public Hearin& on April 18, 2000 and after review recommended the forwarding to City Council for approval; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: SaiWm..l. The City Council of lbe City of Eopwoocl, Colondo benby autborml amendina Tide 7, Chapter 68, Section 6, Subaection A-1, oflbe Eq1ewoocl Municipal Code 2000, to read u follows: 74B-6: OBSTRUCTING HIGHWAYS A.ND PUBUC PASSAGIS: A. Offema: Ao individual or corpontioo c:ommitl III ofrmae if without lepl privilllp belabe intelllioaally, lmowiJlaly, or rectally: I. ObalnlCll a hipway, llnet, aidewalt, mail, railway, ..,....y, buildiDa IIIIIIDCe, elevator, aisle, atainvay, or ballway to which lbe public or a lWll'llltial poup oflbe public bu acccu or any odier pi.:c 11111d for tbe 1J1111F of pcno111, ~ or conveyances, whether tbe obllruction uu. from hia/lm acts alone or from hia/lm acts and the acts of others; and wilh tbe exception of ulea punuant to a public sidewalk sale or finner'• owket u defined in E.M.C . 16-8-1; or 2. Disobeys a reasonable request or order to move iaaued by a penon bela lalowl IIO be a peace officer, a fuemau, or a penon with authority IIO conaol lbe 11111 oflbe premises, to prevent obalruction of a ltree! or paaupway or to aaiDlain public ARiy by disperain& thole plbered in dlnproua proximity to a fire, rioc, or odlS bazanl. B. Definition : For purpoaes ofdua Section, "obllnact" -to ramr impuuble or to ramr passage WIRUOCl&bly inconvenient or buanloua. 1 C. Prohibited Acta: It shall be unlawful for any penoa engaged in the Ale of newspapers, magazines or other goods or merchaadile, to 1111b any unnec.wy IOUlld or noise, to obstruct any sidewallt or other public place, or disturb or impede othen. Except Al• punuant to I public lidewallt Ale Of farmer's marbtu ... JbaB ler8' ie If defined in E.M.C . 16-8-1. D. Solicitation On Or Neu Street Or Highway : I. The purpose of tbia IUbNctioa ii to prevent clanpra to pcno111 and pn,perty, to prevent~. and to a~ iulafeamce widl tbe traffic flow. Roadways that 1law cenlel' mediam often are daiped to deal widl specl.fic traffic Bow problems. Any delay or diltnction may intmrfere widl traffic ptaanmc. Somltial p11111111 a1IDd near inlenec:ti0111 and near traffic ligbll to coatact driven or ..-.n in cm that are pusina or that are atopped temponri1y due to traffic liptl. 2. It ahal1 be unlawful for any penoa to IOlicit employimat. businea, contn'IJuliou, or a1CII of any kind, or coUoct .-iel far tbe-. fiom the OCCllpllll of any vebiclo trawlina upon any .ueet or bipway wbm IUCb IOlicitatioa or coUectiaa: L C-the palm performiDa tbe activity to IDllir CDII the lrawllci portioa of I ltleet or bipway. b. lnwlves tbe pa1m performina the IIClivity to be lOClled upon any median or illand area which IClplrlllCll lrlffic 1-. c. The penoa performina the activity ii lOClled lllch that wbicla cannot move into a lepl pming area to safely conduct the~ 3. It sball be unlawful far any penoa to IOticit or aa.npt to IOticit tmployw, businea, or COlllributioDI of any kind fiom tbe-... of any wllicJe cm ay hipway iDduded in the Stale system inc1udiDc Ill)' m1nDce ID or mt tha aacb hipway. 4. For purpca1 ofdlia IUllaectioa, the traYeled portioa of'tbe ltleet or llipny-11 -that portion of tbe road DCJmm11y IIIOcl by IIIOYDII IIIOIGr vlllicle tra8lc. ~. The City CouDcil of tbe City of Enpwood, c.olandD berel,y ...._. ....._ Tide 11, Chaplar 3, Soc:tioo 3, Subeec:tioa B, of tbe llllpwood Muaicipll Codi 2000. ID rad u follows: 2 11-3-3: OBSTRUCTIONS AND HARMFUL SUBSTANCF.S: A. Materials. Except as othciwiae provided in this Code, it shall be unlawful for any peraoa to obstJUct a street, sidewalk or gutter with any debris, lumber, And, pavel, dirt, abandoned or wrecked automobiles or other material or substance, without tint obtainina written permiasion &om the Director. Such permit may be panted only where the obltruction ii necessary for the construction, alteration or repair oftbe ldjoinina property, and IUCb permitted obstruction shall be limited to u short a time IS ii reuonably poaible. Each day that such an unlawful obstruction ii permitted to mt lhall COllltitute a aeparate and distinct offeaae. 8. Merchandise. It shall be unlawful for any person to erect any booth or ltaDd for tbe display of any merchandiae for advertiain& on any sidewalk of the ltreelB of the City or to place or allow to be placed any signs or display boards or any Olber obltructions on any of the sidewalks or ltree1I of the City; provided, however, that notbina iD this aublection lhall prevent the receiving or delivering of gooda, wares or mercbandiae, provided tbat no obstructio111 of lidewalka or ltree1I for this purpoae lhall be of loapr duration than ii ablollllely necaury for IIUCb receiving or delivery. Except aalel purllllllt to 1,.public sidewalk sale 'I fiamg'unarbt IS that 111111! tenllf •111,defiDed iD E.M.C. 16-8-1. Sailiim...l. The City Cowx:il of the City of Enpwood. Colorado benby audloriza amendin& Title 16, Chapter 4, Soction 10, Subsection E, of the Eqlewood Municipal Code 2000, to rad u follows : 16-4-10: B-1 BUSINF.SS DISTRICT: E. Prohibited u-: 1. Adult entertainment and service establilbmenta. 2. Manufacturina. 3. Outdoor atorqe ofmateriala, supplies and equipmcal on privalll and public pn,perty. 4. The outdoor dilplay, stonp or sale of dotlliq or boulebold appl~. filmitun or Olber itama commonly Uled in a home,....._ on privalll or public paipmty, except sales punuant to a pub~ sidewalk sale or ;pp'•'""' IS ..... 11r111f • • defined in E.M .C. 16-8-1. S. Wu-cbousing of products or itema not sold on tbe premila. 6. Sale at wholesale . 7. Sales or service activity lhall not be allowed fiom any lmJpOnry lllnlCtln or vebiclo unless a buildin& permit application bu bem aubmitted for a flll-' buildina or structure to replace the temporary suucture. 8. Pawnbroken and automobile pawnbrokcn IS defined by and which uw required to be licensed under Title .S of this Code. 9 . Temporary employment services IS defined by and wbicb an required IO be lic-s under Title 5 of this Code. Sg;uop 4 The City Council of the City of Eqlewood, Colorado blnby audlllliw llllllldias Title 16 , Chapter 4, Section 12, Sublectioa F, of tbe Eqlewoocl M1lllic:ipa1 Code 2000, Ill ...t u follows : 3 16-4-12: 8-2 BUSINESS DISTRICT: F. Prohibited Uses: 1. Manufacturing. 2. Outdoor atorap ofmateriala, 1Upplia ad equipment oa private ad public property. 3. The outdoor cllsplay, llllrap or Ille of boulebold appliaDcea, lilraibn, or odier items commonly uaed in a llome, wbelher on private or public propany. Except sales punuant to a public 1iclewalk ale II flppppr'• PWIFf • tlia lllll lelmf • I! defined in B.M.C. 16-8-1. 4. Warehoulina of productl or ileml not aold oa the pnmiaes. 5. Sales at wbolelale. 6. Sales or NrVice activity lball DOt be allowed fiom IIIY temporlly ltnldlae or vehicle 11111-a buildiDa permit applicatioa Ila baa IUbmiaed far a paWlt buildiJII or ltnldlae to replace the lllllpOllly llnlcture. 7. Temporvy employuat NIVica • defined by ad wlaicb mw NqlliNd to be lieemed under Tide 5 of diia Code. SGlililm...i. The City Council of the City of Bnaiewooc1, Colcndo t.nby autbomN uneadiua Tide 16, Chapter 4, Section 19, Sublectioa 7, of the EnaJewood Mlllliclpal Code 2000, to read u follows: 16-4-19-7: PROIIIIUTED SIGNS: A . The followina lipl mw pobibillld in all -dillrietl ad-decllnd a~ by the City: 1. Alty pound lip witbia a tNllplar -oftbirty re. (]O') UIIII two (2) lidll of an intenec:tioa of c:urba of two (2) ...... nilnlad ript-of-way and .....• cm~ ad a lhlt, oran IDiy ad I .... wllicllcloll Dlltliaw lclllr-of -re. (7')--dlt ... '-1 and dltbonoa of die lip ..... appnmd by the City Tmlic Basa-, 4 2. Banners, except u in provided in sublectiona 16-4-19-S{Q) {South Bioadway identification banners), 16-4-19(8) (Street Blnnen), and 16-4-19-IO{E){6) {Short Term Advenilin& Sips) u -11 u, pc8IIIIIII. va1ancea and wind signs. 3. Billboards including without limitation, any billboards OD land lnlllferred to the City by the State of Colondo or any of ita apnciel. 4. Portable sians. S. Signs referrin& to.outdoor dilplay ofmen:baadiae on public ripl-of--y_aceptfar lips for sidewall: Alea punuant to. public sidewalk ule or,,.....,. ... u ... ~ U11111f 11t !I defined in E.M.C. 16-1-1. 6. s.n:11 lights. 7. Sip painted on fences. 8. Third-party lips. 9. Wheeled advwtisina devices, except far ,.......11p1 oa licmled wbicla I 0. Balloona and other inflalablc devices. 11. Flap exceeding thirty-five square feet (3S') muimum in-. 12. Any Sip dial imitates or resembles an offlcial tnflic CCIIIIIOI dlvicl ar lipll, or which allemptl to direct the movement of tn#Bc, or wllicll llidll 6am view or iDterfinl with the etrecti-of any official tnlflic _.... diva or lipll. B. The followina lips are prohibited in all areu acept ill the Soudl Brmdway lip-= I. Animated lips. nc:ept bartler poles. 2. Flubina or blinking lipll or sips, except far ---* 11111 tum 11111 tempaature devicel. 3. Roof 1ips and integral roof lips. 4. Wall murals . ~. The EnaJewood City Council hereby amends Title 16, Cblpler 8, Section I, of the EnaJewood Municipal Code 2000, with the addition of tbe fbllowiq definition, in alphabetical order, to the definitions u follows : s 16-8-1: DEFINmONS: PUBLIC SIDEWALK SALE: Community event or celebration allowina ibe 111e of public aidewalb by Englewood merchants in front of their bulineu u autborir.ed by the City Manager ordaipee. FARMER'S ¥4JW= Ongoing"""' ff'PPPliN EFh11Y Wms &rm :mp Colqgdp uricultwp-rplpd moducJI PWI pmclucta md p;i•lty fmf'• 99 pljc 11 P$ ll!PPY u authoriml by the City ¥IDIF 01 fflim, SllisimLl. Safmy CWIMI The City Council, blnby 611111, dlllrmiw, wl clec'-tbat this Ordinance ii promulpted under the pnen1 police power of die City of Bnpwood, tbat it ii promulprod for the health, afety, and welfare i.,f die public, and tbat this Ordinance ii aec:eaary for die s--vltioo of health and afety and for die proleClioo of public coovenieoce and welfare. The City Council fur1ber determinea tbat the Ordinance bean a ratiCIIIII rolatioo to die poper lqillative object IOUlht to be obtained. SsllilimLJ. Se,,cqbjljty If any clause, -1mce, i-apaph. or pan of dUI Onliaa or die applicalioa tbereof to any J111ND or cin:llmltlDccl lball b any IWOD bt a4'Jdpd by a court of COlllpetmt jurildiction iDvalid, IUCh judpent lbal1 not afllc:l Impair or ilmlidllle die .___ of this Ordinance or its application to Olber pena111 or cia+WMION Sectjop 9 Jmmiatg,t Odioeo&e All Olber 0.-or partiGIII tbcnof iDconliltent or conflicting with this Onlinance or any portion beroof are beraby n,pealod to die atmt of IUdl UlCOllliateacy or c:oaflict. Sectja· 10 BfJnFa A(-1 ex mditiseslm 111e npal • ma lllfialllioa of my provilioa at the Code of the City of BDpwood by this Ordinance llblll DOI .._, miDpilb, ablr, modify, or c:haap in whole or in pan any penalty, lbrfiilln. or liability, .._ civil or cdaiaal, wllich lbal1 have bem incurred under IUCh provilioa, and-=b ~ lllall be lnllild 11111 lleld • ltill remainina in bee for the purpoea of IUltainiJI& any 11111 all ,..._ actiGa1. nits, 111'11 ,-,; ... and proaecutiooa for the eufuccemmt of die penalty, filrfellln, or liability, • well • for die purpoae of 111Ainin1 any judpal,nt, dlClee, or anllr wMc:11 CID or may be......., ....., or made in such actionl, lllits, procwinp, or pnllllCldiaaa. Sectjpp I I . Pculty Prpyiljpp. The Pwlty l'loviliODI of E.M.C. Sectiall 1-4-1 lllall apply ID each and every violation of this Ordinance. Introduced, read in full , and puaed OD fint readina Oil die ]rd day of Sepluablr, 2002 . 6 Published u a Bill for an Ordinance on the 13th day of Seplember, 2002. Read by title and paaed on final readiq on the.,. day of October, 2002. Publilbed by title u OrdlnaDce No.____, Seriel of 2002, OD die 11• day of October, 2002. Bnerly J. Bndiiiaw, Mayor ATTEST: Loucrilbia A. Ellil, City Cledt I, I .,..,,,..;.i.u, A. Ellil, City Clerk of die City of l!qllwood, Colando, bll'eby certify tbat the above .J~ is • true copy of die Ordil.-pllllld Oil final nadina lDd publilbed by title u Ordinance No. Seri• of 2002 . LoucrliWaA.Biiii 7 NO._I SBRIES OF 2002 BY AlTI'HORITY COUNCD. BIU.. NO. 47 INl'RODUCED BY COUNCD. MEMBER WOLOSYN • .-wa BXtiiNDih01HBSDt .......... L'II.AaTSUiiia:ial.Mt:. I ~TOlUUMONTHEISSUANCEOFPERMI'l'JFORNEWSINOLEFAMILYATrACHED ~y· llfflALCllNl'lllllmllf QlllJf't-......... , fllB SUBJ)IVJSION OF PROPl!RTY. IN nm~ LOCATED BETWEEN WEST EV ANS ..... ON1HIND1n'B. WIISTVIJIIMAWIIUIONtHB IOU'DI. IOVlll18GII f STREET ON nm EAST AND SOU'lll ZUNI STREET ON nm Wl!ST, POR AN ADDmONAL ,. ...... WHEREAS, conatituents broupt to the City Council'• auention a concern reprdina delip llandarda in the area localed between West Evans Avenue on the north, West v ... Avenue oa the IOUlh, South Tejon Slreet on the eut and South Zuni Street on the west; and WHEREAS, City Council baa reviewed tbll c:oncem and found dull the claign lludardl in the area kx:aled between West Evana Avenue oa lbe north, West Vlllal' Avenue oa the IOUlh, Soulh Tejon Slreet on the east and South Zuni Street on the wat need to be updlr.ed; and WHEREAS, control of the pennining and zoning of lbeae facilities are legitinwe exercites of local police power; and WHEREAS, the original moratorium on the iuuance of permita for new single family IIIICbed and multi-family residential construction or any housing requiring the aubdivilion of property, in the area kx:aled between West Evana Avenue on the north, West v-Avenue oa the ICIUdl, Soulh Tejon Slreet on the east and South Zuni Street on the well wu to give the City llaff a-to c:ollect information and work closely with the Englewood community to revile zonin1 regulalioaa dw prorect the interests of the community; and WHEREAS, City Staff is coordinating tbeae deaip llandarda with the propoaed U~ Development Code. NOW, THEREFORE. BE IT ORDAINED BY nm CITY COUNCD. OF nm CITY OF ENGLEWOOD, COLORADO, THAT : ~-The City Council finds the provisions of this Ordinance are remponry in nalUl'e and are intended to be replaced by subsequent lqislalive enactment The lempOl'lry P•spenaioa of pennill for new single family attached and multi-family residential COllllnlclioa, or 1111y bouliq requiring the subdivision of property, in the area localed between West Evans Avenue on the north, Wesl Vassar Avenue on the south, South Tejon Street on the eut and South Zuni Street on the west shall 1enninate on May 24, 2003 . ~-The temporary suspenaion of pennill shall not apply to permita for IUllle family detached houses, remodels, and 11CCC11Q1'Y stnlel\lres, but will apply if the residence is entin=ly demolished. ~-The Englewood City Council difflCll City llaff to develop appoprille recommendations to Council, to be consistent with lhis Onliunce and to collect illfonmlioa 1111d work closely with the En1lewood community to revile zonin1 replations, which procect the interests of the community. -1- Introduced, read in full, and paued on fint readiq u a Bill for an Ordinance on the 1~ day of Scpccmber, 2002. . Pllblilbed u a Bill for an Ordinance on the 20th day of Sep(ember, 2002. Read by tide aDd puaed cm flllal readiq cm the 7"' day of October, 2002. Pllblilbed by tide u Onliuse No. __ _. Seriea of 2002, OIi die 11• day fAOctober, 2002. Beverlyl.Bndlhaw,~ ATI11ST: Loucrilbla A. BIiia, City a.rt -~--, WHEREAS, City Council bas approved resolutiom to apply for funding to support the Housin& Rehabilitation Program since 1977; and WHEREAS, City Council desires mff to apply for $200,000 for the Housing Rehabilitation Project &om the Colondo Division of HCIUliq. NOW, THEREFORE, BE IT RESOLVED BY nm CITY COUNCll. OF nm CITY OF ENGLEWOOD, COLORDO, lllAT: 5ffljqp I, The City ofEnpwood, Colondo; is 1-eby IUlbarillld to file Ill application for $200,000 tor the HOllliq Reubilitation Projeet 6am the Colando Divilian ofHCJUliDa. Section 2, Tbc Mayor and City Clcrlt are hereby autborized to lip and 1t1e1t all neceuary forms. documents, usurances and certifications for the f\mdins of $200,000 for the Housing Rehabilitation Project. ADOPTED AND APPROVED Ibis.,. day of October, 2002 Beverly J. Bndlbaw, Mayor ATTEST : Loucrisbia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City ofEqlewood. Colondo, baRby certify the above is a true copy of Resolution No. Series of2002. Loucrishia A. Ellis Date October 7, 2002 COUNCIL COMMUNICATION Agenda Item toe i Subject: A Resolution Approving a Colorado Division of Housing Application INmATEDBY: STAFF souaa: Community Development Dept Janet Grimmett, Housing Finance Specialist COUN<;IL GOAL AND PREVIOUS COUNOL ACTION Housing and Community Development Previous Action: City Council has approved resolutions to apply for funding to support the Housing Rehabilitation Program since 1977. Applications for funding have been submitted to Arapahoe County since 1992, but applications prior to that were regularly submitted to the Colorado Division of Housing to support the program. RECOMMENDED ACTION Staff recommends that Council approve a resolution authorizing staff to apply for $200,000 for the Housing Rehabilitation Project from the Colorado Division of Housing. BACKGROUND, ANALYSIS, AND ALTRNATIVES IDENTIRm The Colorado Division of Housing (COCH) receives federal and state funds to develop affordable housing. These funds can be used for housing rehabilitation, re-development and/or purchase of apartments and single-family homes to be owned or rented by persons with incomes below 80% of an area's median income. Private non-profit and for-profit developers, housing authorities, and local governments can apply. Program objectives are achieved through projects that primarily benefit low and moderate-income families. Applications are accepted on a continuous basis throughout the year. The City of Englewood must submit an application in order to receive funds from the Colorado Division of Housing. Staff will request $200,000 from the COCH for the Housing Rehabllltation Project that will provide loans to low-income owner-occupied homeowners to finance the costs of major household repairs and improvements. FINANCIAL IMPACT Existing Community Development staff administers the proposed project Staff salaries and benefits represent the City's participation in the project LIST OF ATTACHMENTS Proposed Resolution COUNCIL COMMUNICATION Date Agenda Hem Subject October 7, 2002 11 a i Case PUD 2002-01 University Homes Planned Unit Development -111 Reading ~ INITIATED BY STAFF SOURCE David M. DIPane Tricia Langon, Senior Planner 1906 13"' Street, Suite 203 Boulder. Colorado 80302 COUNCIL GOAL AND PREVIOUS COUNCIL ACTION There has been no previous Council action concerning this matter. PREVIOUS PLANNING COMMISSION ACTION The Planning and Zoning Commission considered the University Homes Planned Unit Development at a public hearing on August 20, 2002. The Commission continued the hearing to September 4, 2002 and directed staff to review and provide additional comments on the proposed drainage. The Commission considered the additional Information and voted to forward the PUD to City Council with a recommendation for approval with the following conditions: 1 . A Homeowner Association shall be formed and documents pertaining to the Association be filed against all properties with the Arapahoe County Clerk. 2. A recorded copy of the Homeowner Association document shall be provided to the City. 3 . The north wall of the drainage channel on the north property line of the subject site shaft be raised four Inches In height The Commission also considered a Major Subdivision preliminary plat for the University Homes Subdivision, which would divide the property contained within the proposed PUD Into four (4) residential lots. The Major Subdivision is not part of this Ordinance request. Council wiH consider the subdivision request by Resolution upon approval of the PUD. RECOMMENDED ACTION Staff recommends that Council set November 4, 2002 as the date for Public Hearing to consider testimony on the proposed University Homes Planned Unit Dewlopment and Subdivision . BACKGROUND A conceptual site plan for the University Homes Planned Unit Development was submitted In May 2001. A preliminary plan was presented at a neighborhood meeting on August 22, 2001, as required by the PUD Ordinance. The formal PUD application was submitted on May 14, 2002 . The District Plan and the Site Plan have been combined and submitted as one document for concurrent review, as provided for in the PUD OrdiMnCe. The subject property is located in an area bounded by South University Boulevard on the east, East Dartmouth Avenue on the south, East Dartmouth Place on the west, and the Englewood/Denver boundary on the north. The adjoining property to the south (Parcel A) is currently occupied by the Korean Emmanuel Methodist Church . The adjoining property to the west (Parcel B) is currently occupied by the Brown Mansion and is used as professional offices. The adjacent areas to the north and east contain single-family residential uses located within the City and County of Denver. These areas are zoned R-1, a zone classification similar to Englewood's R-1-C district. The subject property is a vacant .88 acre parcel zoned R-1-A Single Family Residence District. It has been the subject of previous development attempts including a rezoning to R-3 High Density Residence District to permit an assisted living facility, and a variance to R-1-A street frontage standards to permit a church and school facility. Both requests failed. ANALYSIS: The Planned Unit Development is a rezoning process that establishes specific zoning and site planning criteria to meet the needs of a particular development proposal that may not be accommodated within existing zoning or development regulations. The 1979 Comprehensive Plan identifies the subject property as low density residential. A course of action stated in the Plan suggests that within residential neighborhoods "The lot area. lot coverage and setback requirements should be made more flexible to permit more innovative development and better use of the land.• The Planned Unit Development proposes to develop four (4) single-family residential lots on a private drive that is accessed from South University Boulevard. The proposed lots range in area from approximately 6,770 square feet to 8,400 square feet Maintenance of private drive, screen wall, as well as landscaping in the public right-of.way, are the responsibility of a proposed Homeowner Association, which is to be formed as a requirement of this PUD. Development of the site is complicated by the access to water and sanitary sewer services. The applicant has worked with the Englewood Water and Sewer Board and the Englewood Utilities Department to obtain services from Denver Water and Metro Wastewater. FINANCIAL IMPACT As four developed residential properties the City would realize increased property tax revenue based on the assessed value of the new homes. LIST OF ATTACHMENTS Bill for Ordinance Staff Reports: August 14 (for August 20 Public Hearing) and September 4, 2002 Findings of Fact Exhibit A Letters : George Bodley : August 20, 2002 -submitted during Public Hearing 2 C {' T y 0 F ENGLEWOOD COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission THRU: FROM: DATE: SUBJECT: Robert Simpson, Director, Community Development Tricia Langon, Senior Planner September 4, 2002 Case PUD 2002-01 · Public Hearing • Continued University Homes Planned Unit Development Case SUB 2002-05 · Public Hearing • Continued University Homes Subdivision APPLICANT and PROPERTY OWNER: David M. DiPane 1906 13• Street, Suite 203 Boulder, Colorado 80302 PROPEBJY ADDRESS; 3055 South University Boulevard CURRENT ZONE DISTRICT; R-1-A Single-Family Residence District LEGAL QESCRlfilON; See Planned Unit Developm ent District Plan. PREVIOUS COMMISSION , ~ The Planning and Zoning Commission opened the public hearings and took testimony on the above cases on August 14, 2002. The Commission requested clarifications to the District Plan verbiage and additional information regarding site drainage. The public hearings were continued to September 4, 2002. See Page 9 of this Staff Report for review of requested information. REOUEST: The applicant has submitted a Planned Unit Development application to rezone the property from R-1-A Single-Family Residence District to PUD. The applicant has also submitted an application to subdivide the property contained in the Planned Unit Development 1000 Englewood Parkway Englewood, Colorado 80110 PHONE 303-762-2342 FAX 303-783-6895 www .• ...... ••cllD".Ofl RECOMMENDATION: Case PUD 2002-01: The Department of Community Development recommends that the Planning and Zoning Commission approve the proposed University Homes Planned Unit Development with the following conditions: 1. A Homeowner Association be formed and documents pertaining to the Association be filed against all properties with the Arapahoe County Clerk. 2. A recorded copy of the Homeowner Association document be provided to the City. Case SUB 2002-05: The Community Development Department recommends approval of the Preliminary Plat of the University Homes Subdivision and that the applicant be directed to submit a Final Plat for review. If the Commission requires no changes from the Preliminary Plat to the Final Plat, staff recommends that the Final Plat be administratively reviewed and the application be forwarded to Council with a recommendation for approval. PROPERTY LOCATION; The subject property of the PUD is a vacant parcel of approximately .88 acres. The subject property of the Major Subdivision is the above vacant parcel and Tract A, a . 1 5 acre parcel. The site is located in the area bounded by South University Boulevard on the east, East Dartmouth Avenue on the south, East Dartmouth Place on the west, and the Englewood/Denver boundary on the north. The surrounding area in Englewood is zoning R-1-A. The adjoining property to the south (Parcel A) is currently occupied by the Korean Emmanuel Methodist Church. The adjoining property to the west (Parcel B) is currently occupied by a structure known as the Brown Mansion and is used as professional offices. The adjacent area to the north, within the City and County of Denver, is zoned R-1, a zone classification similar to the R-1-C district in Englewood. The subject property was annexed into the City of Englewood in 1946 and wn zoned R-1, Residence District In 1955 this area was rezoned to the current R-1-A classification . In 1964, the subject property was subdivided as part of the Hampden Hills Baptist Church Subdivision. This subdivision included five lots on the east side of East Dartmouth Circle and a large parcel at the corner of East Dartmouth and South University. In 1978 the large parcel was divided though a Subdivision Waiver into Parcel A and Parcel B. Parcel B was further divided in 1982, creating Parcel C, which is the subject of these requests. When Parcel C was created with a 150 feet street frontage on South University Boulevard and a 15 feet street frontage on East Dartmouth Avenue. The 15 feet frontage created a "flagpole" connection from East Dartmouth Avenue to the ~n 2 .' • • body of Parcel C and was intended for ingress/egress and for utility access. The "flagpole" is not part of this PUD request and will retain the current R-1-A zone district designation. The "flagpole• will be identified as "Tract A", and is a non- developable parcel unless it is conveyed and combined with an adjoining parcel. In recent years the site has been the subject of several development attempts including a rezoning to R-3 High Density Residence District to permit an assisted living facility, and a variance to R-1-A street frontage standards to permit a church and school facility. Both requests were denied. BACKGROUND A conceptual site plan for the University Homes Planned Unit Development was submitted for City comments in May 2001. A preliminary plan was presented at a neighborhood meeting on August 22, 2001, as required by the PUD Ordinance. The formal PUD application was submitted on May 14, 2002. The District Plan and the Site Plan have been combined and submitted as one document for concurrent review, as provided for in the PUD Ordinance. A preliminary subdivision plat, based on the PUD, was also submitted. ANALYSIS; The Planned Unit Development is a rezoning process that establishes specific zoning and site planning criteria to meet the needs of a specific development proposal that may not be accommodated within the existing zoning scheme or development regulations. The PUD provides the opportunity for unified development control for multiple properties. The PUD is composed of a District Plan, which Is the set of zoning regulations that will apply to the proposed development project This District Plan is coupled with a Site Plan that specifies the general site design and requirements of the proposed development The Planning and Zoning Commission's purpose in this request is to focus on whether the proposed land use and zoning regulations are appropriate for this development and the community. Extraneous development issues, such as elevations, building and plant materials, are not part of this procedure. The University Homes Planned Unit Development proposes 4 single-family residential lots on a private drive accessed from South University Boulevard . Driveway accesses to Lot 1 and Lot 2 and also Lot 3 and Lot 4 are proposed via an access easement on each lot The proposed lots wiU range from approximately 6,770 square feet to 8,400 square feet The private drive, identified as Outlot A, will be owned and maintained by the Homeowner Association, which Is to be formed as a requirement of this PUD. Maintenance of landscaping In the public right~f.way and the sound wall is the responsibility of the Homeowner Association. The PUD District Plan establishes the zoning regulations for the new district The proposed use is limited to single-family residences with accessory structures. Home office, as an accessory use, Is also proposed. 3 Setbacks are established for each lot by a building envelope. The building envelope is the area in which development may occur; it does not mean that development will necessarily fill the envelope. The full envelope produces a lot coverage of approximately 42% for each lot The envelope allows a 7 feet setback from any structure to the property lines on the north and south boundaries of the PUD. This is comparable to the minimum required side yard setback in an R-1 ·A district The proposed height of structures is 32 feel Access to the proposed lots will be by a private drive. This drive is not a public street and will not be maintained by the City. Parking on the private drive will be limited to the 3 parking spaces on the north side of the drive as indicated on the site plan. No parking is permitted on the south side of the drive. An area has been designated for snow storage so that snow is not plowed onto the public street This area can be used for additional parking when not required for snow storage. Dedication of public right-of-way will occur on the Subdivision Plat to provide a deceleration and acceleration area al South University Boulevard. Electrical service is available from Xcel Energy and will be undergrounded. Additionally the electrical service line that serves the church property will be placed within a utility easement The Public Works Department and the City of Denver's Engineering Services reviewed a Drainage Plan for the subject site. Drainage issues have been addressed and will be monitored in the development pennit process. An intergovernmental agreement allows water service to be provided to the subject property by connecting to the Denver Water Department main in South University Boulevard. Sanitary sewer service is available by connecting to the Metro Wastewater Reclamation District line in South University Boulevard. The City of Englewood Water and Sewer Board have reviewed and approved the alternative water and sewer connections to agencies other than Englewood Utilities. A wall is proposed at a height of eight (8) feet along the South University Boulevard frontage . The proposed height exceeds the R-l·A standard that would be allowed at this location . Considering its purpose and that it meets traffic sight distance standards it is viewed favorable . Minimal signage identifying the development's name and property addresses is proposed. Proposed landscaping requirements on the private Lots 1 through 4 and within the public right-of-way are compatible with 16-5-26: Landscaping Standards of the Englewood Municipal Code. The formation of a Homeowner Association is required as part of this Planned Unit Development request The documentation will address such Issues as l'Nintenance of the private drive, wall, landscaping and snow plowing. Further, the agreement must stipulate that any amendments to the original agreement also be recorded and 4 t • • a copy provided to the City. The agreement is a separate, private document and is not a part of the Planned Unit Development District Plan. However, a copy of the recorded document must be submitted to the City to be included in the University Homes PUD case file. DEPARTMENT AND AGENCX REVIEW; The City's Development Review Team reviewed the proposal with the following comments: Building and Safety: 1. No objections to rezoning issue. Engineering Services: 1. All work within the public right-of-way must be to City standards. Fire: (No final comments provided.) Community Development Comments provided under Analysis (See above). Public Works: 1. Home Owner Association responsibilities need to be identified with respect to ownership and maintenance of Oudot A. 2. Home Owner Association responsibilities need to be identified with respect to ownership and maintenance of the landscaping in the public right-of-way. 3. Provide Drainage Statement, i.e.: .. No building or structure will be constructed in any drainage easement and no changes or alterations affecting the hydraulic characteristics of any drainage will be made without the written approval of the Director of Public Works of the Oty of Englewood .. (Note: this has been provided on site plan). Traffic: 1. OK for Traffic. Utilities: a. Water and Sewer Board have reviewed and approved utility connections to agencies outside of the Oty of Englewood. NEIGHBORHOOD MEmN<; SUMMARY; On August 22, 2001, property owner David DiPane, with representatives of Pappas Architecture, conducted the required pre-application neighborhood meeting. The applicant presented a proposal for 4 single-family detached homes on a cukfe-sac street. Nine neighbors and/or property owners (4 Englewood residents and S Denver residents) attended the meeting. Attendee convnents and questions focused on four main topics: the style of homes proposed, who would design and build the homes, loss of privacy for neighbors to the north when new structures are built, drainage. PLANNED UNIT DEVELOPMENT CONSIDERATIONS; When considering a Planned Unit Development application, the Commission must determine if the proposal meets District Plan and Site Plan criteria as established in the PUD Ordinance. s PUP District Plan University Homes PUD District Plan sets forth the zoning regulations within which the proposed development will occur. The Planning and Zoning Commission is required to make the following findings concerning the University Homes PUD District Plan: 7. The PUD District Plan is, or is not in conformance with the District Plan requirements and the Comprehensive Plan. The proposed University Homes PUD is in conformance with the applicable requirements set forth in Section 16-4-15: E 3 e. PUD District Plan. 2. All required documents, drawings, refe"als, recommendations, and approvals have been received. All appropriate documents concerning the proposed University Homes PUD have been received and approved. 3. The PUD District Plan is consistent with adopted and generally accepted standards of development in the City of Englewood. The proposed PUD District Plan is consistent with accepted development standards established by the City of Englewood. 4. The PUD District Plan is substantially consistent with the goals, objectives, design guidelines, policies and any other ordinance, law or requirement of the Qty. The proposed University Homes PUD District Plan is in conformance with all other ordinances, laws and requirements of the City. 5 . When the PUD District Plan is within the Englewood Downtown Development Authority (EDDA) area. the Plan is consistent with the EDDA approved designs, policies and plans. Not applicable. PUP Site Piao University Homes PUD Site Plan sets forth the site planning and design parameters within which the proposed development will occur. The Planning and Zoning Commission is required to make the following findings concerning the University Homes PUD Site Plan : 7. The PUD Site Plan is, or is not in conformance with the District Plan requirements. The proposed University Homes PUD Site Plan is in conformance with the University Homes PUD District Plan . The PUD Site Plan establishes the lot 6 arrangement, orientation, and location, and the building envelopes on the lots. The PUD Site Plan also indudes a landscape plan for the public right-of- way that provides details as to location of landscape areas and the plant species to be used. The Plan also identifies common and public areas. 2. All required documents, drawings, refe"als, recommendations, and approvals have been received. All required site plan materials have been received and approved. 3. The PUD Site Plan is consistent with adopted and generally accepted st.andards of development of the City of Englewood. The proposed PUD Site Plan is consistent with the development standards set forth in the PUD District Plan. The Development Review Team reviewed the plan and determined that the proposal meets standards established or administered either through Ordinance or by Department policies. Standards for site access, utilities, public right-of-way, and zoning have been meet {See Analysis above). 4. The PUD Site Plan is substantially consistent with the goals, objectives and po/ides and/or any other ordinance, Jaw or requirement of the City. The proposed PUD Site Plan Is in conformance with aU other ordinances, laws and requirements of the City. MA!QR suapMSIQN PROCEDURE; Title 10, Land Subdivisions, of the Englewood Municipal Code requires that the Planning and Zoning Commission review the preliminary plat for a major subdivision at a public hearing. After the public hearin1, lhe Conunlssion may approve, conditionally approve, or disapprove the preliminary plat If the preliminary plat is approved or conditionally approved, the applicant prepares a final plat incorporating any suggestions or conditions resulting from the public hearing. Upon submission of the final plat, the Planning and Zoning Commission reviews the final plat for conformance to any conditions imposed on the preliminary plat A public hearing is not required for this review. After this review, the Commiuion may either approve, conditionally approve, or disapprove the final plat When the final plat is approved, it is forwarded to City Council with the Commission's recommendation. Upon approval by City Council, the plat will be recorded with the Arapahoe County Clerk and Recorder. When considering a preliminary subdivision plat, the Commission must consider the following : 7 1. The zoning of the property proposed for subdivision, together with the zoning of the areas immediately adjacent thereto. The proposed Planned Unit Development limits development to single-family residences, which is compatible with adjacent City of Englewood R-1-A and City of Denver R-1 residential zone uses. 2. The proposed layout of lots and blocks and the proposed dimensions thereof to demonstrate compliance with yard area requirements. The proposi!d lots are compatible with dimensions established by the University Homes Planned Unit Development District Plan. 3. The availability of all utilities, and the proximity thereof to the area proposed for subdivision. Public water and sewer along with electric, gas, and communication utilities are available to the subject property. 4. Toposraphy and natural features of the land with special reference to flood plains. The subject property is not located within an identified flood plain zone. 5. The continuity of streets and alleys within the area proposed for subdivision, and the design and location of such streets and alleys, with relation to existin, SRets and alleys, both within and without the area proposed for subdivision, and the Master Street Plan. No public streets or alleys are proposed within this subdivision. Access to the lots within the subdivision is by a private drive. 6. A// rights-of.way to be designated and located to fKilitate the safe movement of pedestrians and bicyclists. Sidewalks are provided. 7. All bicycle and pedestrian facilities shall be selected, located and desi~ in accordance with current City standards. No bicyde facilities ve required for this proposed subdivision. Sidewalks are provided. 8 . The location of utility and other easements. See Preliminary Plat. 8 9. The location of, and provision for, public areas, induding land reserved for parks, schools and other public uses. No public reservation is required for this proposed subdivision. 10. The method of handling drainage and surface water. A drainage study has been completed as part of the proposed Planned Unit Development application. Drainage issues have been addressed and will be monitored in the development pennit process. ADDITONAL INFORMATION -Continged Public Hgring; PLANNED UNIT DEVELOPMENT • Added the following provisions under ·General Notes• regarding Installation of infrastructure. These provisions address the timing of proposed infrastructure installation and completion. Item 9 addresses infrastructure necessary for initial development of the site. Item 10 are those items that could be addressed after the initial development and that would be better completed after major portion of construction occurs on the site. 9. Prior to the issuance of any Building Pennit, instalation of the following infrastructure shall be completed: a. Utilities, induding but not limited to water, sanitary sewer, gas, cable access b. Concrete drainage channel, as specified on Site Plan c. Private drive, bottom lift of asphalt d. Curb, gutter and sidewalk along private drive e. Curb, gutter and sidewalk along South University Boulevard f. Acceleration/deceleration lane adjacent to South University Boulevard g. Fire hydrant h. Street light 1 0. Prior to the issuance of any Certificate of Occupancy, instalation of the following infrastructure shall be completed: a . Perimeter fences b. Screening wall c . Private drive, top lift of asphalt as determined by the Director of Public Works d. Landscaping within the public right-of.way 9 • Added the following provision under "landscape/Open Space* to establish the maximum amount of non-living material allowed to meet the required landscape material requirement d. The use of non-living material shall not exceed 35% of the required landscape area. • Drainage Ken Ross, Public Works Director, reviewed the Drainage Report, prepared by Park Engineering Consultants, and the site plan in bght of drainage related Issues discussed at the August 20, 2002 Pubhc Hearings. Mr. Ross' memo Is attached. MAJOR SUBDIVISION .PRELIMINARY PLAT • No changes are proposed to the Preliminary Plat at this time. ATTACHMENTS; Memorandum: Ken Ross, Public Works Director August 27, 2002 10 MEMORANDUM TO: Planning and Zoning Commission FROM: Ken Ross, Public Works Dircctov(fl August 27, 2002 (Q/ DATE: SUBJECT: Drainage Questions on the Proposed Ualvenlty Homes PUD 1. Denver Propeny Owner concerns regarding accepting flows from the developed site. a The channel nas been sized using very conservative numbers. The channel has been sized to accept 100-year flows from the paved parlring lot from the Mansion Propeny plus the developed flows from the northern portion of the site. The channel as proposed will cany these calculated flows and still provide 6-inches of freeboard. So in effect there is already 6-inches being provided to protect the property owners to the north. Therefore it is staff's opinion that adding additional protection is not necessary. a Currently the lay of the land is to the north . This means that the property owners in Denver not only accept flows from the Mansion Property, the Church Property to the south, u well u the 0.88 acres ofthis site. The proposed private road will intercept all the drainage from the Church plus 50-/o of the developed site that is to the south of the private road. This means that the proposed development will intercept vinually all the flows that ue presently coming onto the Denver properties from the south. a The proposed flow line of the concrete channel will be approximately 2-feet below the berm that wu built up along the south property line. This means for the most part the top on the proposed channel will be slightly below the top of the existing berm . On the south side of the channel the intent is for the grading from the developed properties to match the top of the channel so that the adjoining properties drain into the channel and these flows jet conveyed out to University Blvd. The proposed privacy fence will be north of the channel, so adding a decorative stone to the outside of the channel won't make any difference to the propenies to the north, since the channel won't be seen because of the fence, and building a retainin& wall is not required since the channel itself will act u a wall. a We feel that the developer hu done everything L'ley can to mitipie drainage concerns for the properties to the north. cc : I 2. The prop os d grade of the channel is very flat . Cl 0.23% grade is extreemely flat. This is only one-quarter inch of fall every I 0 feet. On the construction plans we will require very tight specifications that indicate the need to provide steel rods at grade every 10 feet to provide finish grades for the concrete workers to finish to. But given the constraints of the site--(They have to accept flows from the Mansion Property to the west, we would not allow the developer to push the flows onto the Denver Properties to the north, and therefore all these flows need to be conveyed to University to the east.) The only other viable option is to provide a French drain system and sump pump at University to lift the flows back to the surface. French drains have a tendency to fail, as fine partictes will plug the system over time. And we hate to rely on sump pumps since power has a tendency to go out during severe rainfall events. 3. Korean Methodist Church concerns about drainage due to the development of this site. Cl The church and the grading around the church is at S407, the proposed elevation at the south boundary of this development is S406; the proposed finish floors of the two residences nearest to the church are S407.S . It is the best of all worlds, the drainage can leave the church site and the proposed homes are being built up so that they will not impacted from the runoff from the church. 3. Maintenance of the Concrete Channel. Cl Planning Commission Member Schum made an excellent point that the concrete channel needs to be pan of the maintenance responsibilities of the Homeowners Association. And a statement to this effect should be added to the PUD . 4 . General Comments. Cl When we review drainage rcpons and development plans we try to insun: that all reasonable anempts are made to mitigate the adverse impacts of the development, whether the impacts are drainage, or traffic related . Cl Liability-The courts have consistently maintained that citi~ do not incur liability by reviewing and approving plans, so long u we do not take the pencil away from the developer's engineer. We raise concerns; ::.5k the developer's engineer to address those concerns, we approve the plans, and if adjoining properties are damaged, the remedies and liability still rests with the developer or the engineer, because the courts realize, we the city may be spending a couple ofbours reviewing the plans or reports. while the design engineer spent weeks puning the plans and 'CJ)Orts together and is, or at least should be, more intimately aware of the ,e { rements and constraints and/or issues associated with the development . Dan Brotzman Bob Simpson Tricia Langon Pete Pappu .. • t .. {' C T y 0 F ENGLEWOOD COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission THRU: FROM: Robert Simpson, Director, Community Development Tricia Langon, Senior Planner DATE: August 14, 2002 SUBJECT: Cue PUD 2002-01 -Public Hearing University Homes Planned Unit Development Cue SUB 2002-05 -Public Hearing University Homes Subdivision APPLICANT and PROPEBJy' OWNER; David M. DiPane 1906 13"' Street, Suite 203 Boulder, Colorado 80302 PRQPERJY ADDRESS; 3055 South University Boulevard CURRENT ZONE QISJJICT; R-1-A Single-Family Residence District LEGAL DESCRIPTION; See Planned Unit Development District Plan. REQUEST; The applicant has submitted a Planned Unit Development application to rezone the property from R-1-A Single-Family Residence District to PUD. The applicant has also submitted an application to subdivide the property contained In the Planned Unit Development PROCEDURE; Since information required and testimony necessary for both cases are parallel, the requests are being considered within a single hearin1, but wlH require two motions. A decision on the Planned Unit Development must o ccur first. as this process creates the new zone district and establishes standards for lot area. A decision on the subdivision of the land within the new district may occur only after approval of the PUO. 1000 Englewood Parkway Enalewood, Colorado 80110 PHONE 303-762-2342 FAX l03-7U6895 -·-..... ·OIi -- RECOMMENDATION: Case PUD 2002-01: The Department of Community Development recommends that the Planning and Zoning Commission approve the proposed University Homes Planned Unit Development with the following conditions: 1. A Homeowner Association be formed and documents pertaining to the Association be filed against all properties with the Arapahoe County Clerk. 2. A recorded copy of the Homeowner Association document be provided to the City. Case SUB 2002-05: The Community Development Department recommends approval of the Preliminary Plat of the University Homes Subdivision and that the applicant be directed to submit a Final Plat for review. If the Commission requires no changes from the Preliminary Plat to the Final Plat, staff recommends that the Final Plat be administratively reviewed and the application be forwarded to Council with a recommendation for approval. PROPEBD LOCATION; The subject property of the PUD is a vacant parcel of approximately .88 acres. The subject property of the Major Subdivision is the above vacant parcel and Tract A, a .15 acre parcel. The site is located in the area bounded by South University Boulevard on the east, East Dartmouth Avenue on the south, East Dartmouth Place on the west, and the Englewood/Denver boundary on the north. The surrounding area in Englewood is zoning R· 1-A. The adjoining property to the south (Parcel A) is currently occupied by the Korean Emmanuel Methodist Church. The adjoining property to the west (Parcel B) is currently occupied by a structure known as the Brown Mansion and is used as professional offices. The adjacent area to the north, within the City and County of Denver, Is zoned R-1, a zone classification similar to the R-1-C district in Englewood. The subject property was annexed into the City of Englewood in 1946 and was zoned R-1, Residence District. In 1955 this area ~as rezoned to the current R-1 ·A classification. In 1964, the subject property was subdivided as part of the Hampden Hills Baptist Church Subdivision. This subdivision included five lots on the east side of East Dartmouth Orde and a large parcel at the corner of East Dartmouth and South University. In 1978 the la rge parcel was divided though a Subdivision Waiver into Parcel A and Parcel B. Parcel B was further divided in 1982, creating Parcel C, which is the subject of these requests. When Parcel C was created with a 150 feet street frontage on South University BouJevard and a 15 feet street frontage on East Dartmouth Avenue. The 1 5 feet fronta1e created a "flagpole" connection from East Dartmouth Avenue to the main body of Parcel C and was intended for ingress/egress and for utility access. The •ftaBPOle• is not part of this PUD request and will retain the current R-1-A zone district deslp,ation. The •flagpole• wil be identified as uTract A~, and 1s a non-developable parcel unless it is conveyed and combined w ith an adjoining parcel. 2 ,. t .. • • In recent years the site has been the subject of several development attempts including a rezoning to R-3 High Density Residence District to permit an assisted living facility, and a variance to R-1-A street frontage standards to permit a church and school facility. Both requests were denied. BACKGROUND A conceptual site plan for the University Homes Planned Unit Development was submitted for City comments in May 2001. A preliminary plan was presented at a neighborhood meeting on August 22, 2001, as required by the PUD Ordinance. The formal PUD application was submitted on May 14, 2002. The District Plan and the Site Plan have been combined and submitted as one document for concurrent review, as provided for in the PUD Ordinance. A preliminary subdivision plat, based on the PUD, was also submitted. ANALYSIS; The Planned Unit Development is a rezoning process that establishes specific zoning and site planning criteria to meet the needs of a specific development proposal that may not be accommodated within the existing zoning scheme or development regulations. The PUD provides the opportunity for unified development control for multiple properties. The PUD is composed of a District Plan, which is the set of zoning regulations that will apply to the proposed development project This District Plan is coupled with a Site Plan that specifies the general site design and requirements of the proposed development The Planning and Zoning Commission's purpose in this request 11 to focus on whether the proposed land use and zoning regulations are appropriate for this development and the community. Extraneous development issues, such as elevations, building and plant materials, are not part of this procedure. The University Homes Planned Unit Development proposes 4 sinate-family residential lots on a private drive accessed from South University Boulevard. Driveway accesses to lot 1 and Lot 2 and also Lot 3 and Lot 4 are proposed via an access easement on each lot The proposed lots will range from approximately 6,770 square feet to 8,400 square feet. The private drive, identified as Oudot A, will be owned and maintained by the Homeowner Association, which is to be formed as a requirement of this PUO. Maintenance of landscaping in the public ri ght-of-way and the sound wal is the responsibility of the Homeowner Association . The PUD District Plan establishes the zoning regulations for the new district The proposed use is limited to single-family residences with accessory structures. Home office, as an accessory use, is also proposed. Setbacks are established for each lot 'Jy a buildina envelope. The buildlna envelope Is the area in which development may occur; it does not mean that development wtl nec....ilv fill the envelope. The full envelope produces a lot coverqe of approximately 42% for Heh lot The envelope allows a 7 feet setback from any structure to the property lines on the north and south boundaries of the PUD . This is comparable to the minimum required side yard setback in an R-1-A district The proposed heip,t of structures is 32 feet 3 Access to the proposed lots will be by a private drive. This drive is not a public street and will not be maintained by the City. Parking on the private drive will be limited to the 3 parking spaces on the north side of the drive as indicated on the site plan. No parking is permitted on the south side of the drive. An area has been designated for snow storage so that snow Is not plowed onto the public street This area can be used for additional parking when not required for snow storage. Dedication of public right-of-way will occur on the Subdivision Plat to provide a deceleration and acceleration area at South University Boulevard. Electrical service is available from Xcel Energy and will be undergrounded. Additionally the electrical service line that serves the church property will be placed within a utility easement The Public Works Department and the City of Denver's Engineering Services reviewed a Drainage Plan for the subject site. Drainage Issues have been addressed and will be monitored in the development permit process. An intergovernmental agreement allows water service to be provided to the subject property by connecting to the Denver Water Department main in South University Boulevard. Sanitary sewer service is available by connecting to the Metro Wastewater Reclamation District line in South University Boulevard. The City of Englewood Water and Sewer Board have reviewed and approved the alternative water and sewer connections to agencies other than Englewood Utilities. A wall is proposed at a height of eight (8) feet along the South University Boulevard frontage. The proposed height exceeds the R-1 ·A standard that would be aDowed at this location. Considering its •purpose and that it meets traffic sight distance standards it is viewed favorable. Minimal signage identifying the development's name and property addresses is proposed. Proposed landscaping requirements on the private Lots 1 throush 4 and within the public right-of-way are compatible with 16-5-26: Landscaping Standards of the Englewood Municipal Code. The formation of a Homeowner Association is required as part of this Planned Unit Development request The documentation will address such issues as maintenance of the private drive, wall, landscaping and snow plowing. Further, the agreement must stipulate that any amendments to the original agreement also be recorded and a copy provided to the City. The agreement is a separate, private document and Is not a part of the Planned Unit Development District Plan. However, a copy of the recorded document must be submitted to the City to be induded in the University Homes PUO case file. 4 .. • DEPARTMENT AND AGENcy REVIEW; The City's Development Review Team reviewed the proposal with the following comments: Building and Safety: 1. No objections to rezoning issue. Engineering Services: 1. All work within the public right-of-way must be to City standards. Fire: (No final comments provided.) Community Development: Comments provided under Analysis (See above). Public Works: 1. Home Owner Association responsibilities need to be identified with respect to ownership and maintenance of Oudot A 2. Home Owner Association responsibilities need to be Identified with respect to ownership and maintenance of the landscaping in the public right-of-way. 3. Provide Drainage Statement, i.e.: ·No building or structure will be constructed in any drainage easement and no changes or alterations affecting the hydraulic characteristics of any drainage wiU be made without the written approval of the Director of Public Works of the City of Englewood· (Note: this has been provided on site plan). Traffic: 1. OK for Traffic. Utilities: 1. Water and Sewer Board have reviewed and approved utility connections to agencies outside of the City of Englewood. NE!GHBQRHOQP MEmNc SUMMAIJ; On August 22, 2001, property owner David DiPane, with representatives of Pappas Architecture, conducted the required pre-application neist,borhood meeting. The applicant presented a proposal for 4 single-family detached homes on a cul-dHac street Nine neighbors and/or property owners (4 Englewood residents and S Denver residents) attended the meeting. Attendee comments and questions focused on four main topics: the style of homes proposed, who would design and build the homes, loss of privacy for neighbors to the north when new structures are built, drainage. PLANNED UNIT DEVELOPMENT CQNSIQQATK>NS; When considering a Planned Unit Development application, the Commission must determine if the proposal meets District Plan and Site Plan crit9N as established In the PUD Ordinance. PUP District Plan University Homes PUD District Plan sets forth the zoning resulalions within which the proposed development will occur. The Planning and Zoning Commission is required to make the following findings concerning the Univenity Homes PUO District Plan: 1. The PUD District Plan is, or is not. in conformance with the Oisfrid PIM requiremenU and the Comprehensive Plan . 5 • The proposed University Homes PUD is in conformance with the applicable requirements set forth in Section 16-4-15: E 3 e. PUO District Plan. 2. All required documents, drawings, referrals, recommendations, and approvals have been received. All appropriate documents concerning the proposed University Homes PUO have been received and approved. 3. The PUD District Plan is consistent with adopted and generally accepted standards of development in the City of Englewood. The proposed PUO District Plan is consistent with accepted development standards established by the City of Englewood. 4. The PUD District Plan is substantially consistent wtth the goals, objectives, design guidelines, policies and any other ordinance, law or requirement of the City. The proposed University Homes PUD District Plan is in conformance with all other ordinances, laws and requirements of the City. 5. When the PUD District Plan is within the Englewood Downtown Development Authority '(EDDA) area, the Plan is consistent with the EDDA approved designs, po/ides and plans. Not applicable. PUP Site Piao University Homes PUD Site Plan sets forth the site planning and design parameters within which the proposed development will occur. The Planning and Zoning Commission is required to make the following findings concerning the University Homes PUD Site Plan: I. The PUD Site Plan is, or is not,. in conformance wtth the District Plan r<t!Quirements. The proposed University Homes PUO Site Plan is In confonnance with the University Homes PUO District Plan . The PUO Site ~n establishes the lot arrangement, orientation, and location, md the building envelopes on the lots. The PUO Site Plan also indudes a landscape plan for the public right-of.way that provides details as to location of landscape areas and the plant species to be used. The Plan also identifies common and public areas. 2. All required documents, drawings, referrals, recom"'61dations, and approvals have been received. All required site plan materials have been received and approved. 6 t • • 3. The PUD Site Plan is consistent with adopted and generally accepted standards of development of the City of Englewood. The proposed PUD Site Plan is consistent with the development standards set forth in the PUD District Plan. The Development Review Team reviewed the plan and determined that the proposal meets standards established or administered either through Ordinance or by Department policies. Standards for site access, utilities, public right-of-way, and zoning have been meet (See Analysis above). 4. The PUD Site Plan is substantially consistent with the goals, objectives and po/ides and/or any other ordinance, law or requirement of the City. The proposed PUD Site Plan is in conformance with all other ordinances, laws and re c;uirements of the City. MAIQR SUBQMSIQN PROCEDURE; Tide 10, Land Subdivisions, of the Englewood Municipal Code requires that the Planning and Zoning Commission review the preliminary plat for a major subdivision at a public hearing. After the public hearin& the Commission may approve, conditionally approve, or disapprove the preliminary plat If the preliminary plat is approved or conditionally approved, the applicant prepares a final plat incorporating any suggestions or conditions resulting from the public hearing. Upon submission of the final plat, the Planning and Zoning Commission reviews the final plat for conformance to any conditions imposed on the preliminary plat A public hearing is not required for this review. After this review, the Commission may either approve, conditionally approve, or disapprove the final plat When the final plat is approved, it is forwarded to City Council with the Commission's recommendation. Upon approval by City Council, the plat will be recorded with the Arapahoe County Clerk and Recorder. When considering a preliminary subdivision plat, the Commission must consider the following: - 1. The zoning of the property proposed for subdivision, together with the zoning of the areas immediately adjacent thereto . The proposed Planned Unit Development limits development to single-family residences, which is compatible with adjacent Oty of Englewood R-1-A and 0ty of Denver R-1 residential zone uses. 2. The proposed layout of lots and blocks and the proposed dimensions thereof to demonstrate compliance with yard area requirements. The proposed lots are compatible with dimensions established by the University Homes Planned Unit Development District Plan. 7 3. The availability of all utilities, and the proximity thereof to the area proposed for subdivision . Public water and sewer along with electric, gas, and communication utilities are available to the subject property. 4. Topography and natural features of the land with special reference to flood plains. The subject property is not located within an Identified flood plain zor1e. 5. The continuity of streets and alleys within the area proposed for subdivision, and the design and location of such streets and alleys, with relation to existing streets and alleys, both within and without the area proposed for subdivision, and the Master Street Plan. No public streets or alleys are proposed within this subdivision. Access to the lots within the subdivision is by a private drive. 6. All rights-of-way to be designated and located to facilitate the sale movement of pedestrians and bicyclists. Sidewalks are provided. 7. All bicycle and pedestrian facilities shall be selected, located and clesltp1ed in accordance with cu"ent City standards. No bicyde facilities are required for this proposed subdivision. SidewaJlcs are provided. 8. The location of utility and other easements. See Preliminary Plat 9. The location of, and provision for, public areas, including land reserved for parks, schools and other public uses . No public reservation is required for this proposed subdivision. 10. The method of handling draina,e and surface water. A drainage study has been completed as part of the proposed Planned Unit Development application. Drainage issues Mve been addressed and wiU be monitored in the development permit process. 8 t.1TY Of' INGl.&WOOD DIPARTMl!lff Of NIIGHIIUallOOD AND IIUIINDI DIIVSI.OPMINT ,.. ..... 11111 .... ~t."0•111 7U-JJGIFAX 161-_, --.d ................ LAND DEVELOPMENT APPLICATION FORM ,._ 1.a1na: __ &_-_,_._,. ____ .Acnl· o.• 111111111w Uw.-~--=_ ..... r ______ _ ...... .,.,....., _____ bm<,A..._....., _______________ ~---- t .......... .,_,) ......., ,._ F· •-• .. ..,.,..,~..,,.. __ . .....,....,.,,,_-,---- MalllloM• .. .._. Ullil o-i..-:L)MMllllllnllw w ...... Dllulcl ....... ,..,... ___ """"-------------........,,_, ......., ... , __ , ......... v ... .,:1_1 a-,_,._..,_, f" ........ Ull ..... lw _______________ _ o.r ____________________ _ ......... 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AddnoolCil)i/SlllwZip: __________________ ~ =.:'!~-----------------------(___ Tidr Tido ..u11o....,.-,...-.r-,1 CIIITl'1CATION: 1--,~-.10dl0i.t1-, ........... -. .. -.... --...-. ,. ______ ., ________ ...,_ __ _, • ........-..-.-. -...-• ..,..-... c.,.,.,...__ • ..,...,.,... .. ...., ___ ,........_ _., .. SICNA TllU OP Affl.lCAl"1' roaontnUS&OflLY C"•,...,,fW ·P ...... .......-.1..L. ~ ....... ____ .,....._ _., ____ C'_...._ __ c,.c_....,.__ ~ · ......... --.. ............ -,,.,., t • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE f PUD 2002-01) FINDINGS 01' l'ACr, CONCLUSIONS ) AND RECOIOIENDATIONS RELATING ) TO UNIVERSITY HOMES l'LANNED UNIT ) DEVELOPMENT AT 3055 SOUTH ) UNIVBRS1TY BOULEVARD, ENGLEWOOD) COLORADO ) INITIATED BY: David II. DiPaDe 1908 13* Street, Suite 203 Boalder,CO 80302 ) ) ) ) ) ) l'INDING8 01' l'ACr AND CONCLUSIONS 01' THE CITY PLANl'ONG AND ZONING CO¥NIS8t0N This matter was heard before the City Planning and 1.ooing Commission on August 20, 2002, in the City Council Chambers of the Englewood City Hall, and was con- tinued to September 4, 2002. Auaust 20, 2002: Commission Members Present: Roth, Schum, Welker, Krieger, Mueller, Parks, Wagoner Commission Membel's Absent: Willia, Lathram September 4, 2002 Commission Members Present: Schum. Welker, Willia, Krieger, Lathram. Mueller, Roth, Wagoner Commission Members Absent: Parks Testimony was received from staff, from the applicant team. and from members of the acljacent community. The Commission receiveci notice of Public Hearm,, Certi- fication of Posting, and the Staff Report, supportm, drainqe documentation from Public Works Director Ross, and letters from Mr. Georp Bodley, which were incor- porated into and made a part of the record of the Public Hearing. After considering the statements of all witneuea, and nmewin, the pertinent documents, the members of the City Plannin1 and 1.onm, Commiuion made the following Findinp and Conclusions. nmm,oa or rACJ' 1 .~: 1. THAT the application for approval of the University Homes Planned Unit Development was filed by David M. DiPane, owner of property addressed as 3055 South University Boulevard, Englewood, Colorado. 2 . 3. THAT Public Notice of the Public Hearing was given by publication in the Englewood &mlsl on July 19, 2002. The property was posted a minimum of 15 days prior to August 20, 2002, said posting set forth the date, time, and lo- cation of the Public Hearing. THAT Senior Planner Langon gave testimony regarding proposed develop- ment of the subject site, the proposal being for four single-family home build- ing sites served by a private drive extending west from South University Boulevard. Ms. Langon provided further testimony regarding available ser- vice of water and sewer service to the site from South University Boulevard by way of lines belonging to the Denver Water Board and th! Metro Waste- water Board. Ms. Langon testified that a drainage plan was prepared for the site, submitted to and approved by Public Works Director Ross . Ms. Langon also testified that the issue of electrical service to the Korean Emmanuel Methodist Church is a private matter between the applicant and the Church Board. 4. THAT Senior Planner Langon testified that staff supports approval of the Planned Unit Development, provided 1) A Homeowner Auociation be formed, and documenta pertaining to the auociation be tiled againat all properties with the Arapahoe County Clerk; and 2) A recorded copy of the Homeowner Aaaociation document be provided to the City of Englewood. 5 . THAT Senior Planner Langon testified the proposed Planned Unit Develop- ment does meet all requirementa of the District Plan provisions, and meets all requirementa of the Site Plan provisions. 6 . THAT Mr . Peter Pappas, architect, and Mr. David DiPane, property owner, tes tified regardiq proposed development of the lite with four linale-family homes; the building sites to be acceued from South University Boulevard via private drive. Mr. Pappas provided testimony reprdin, ltorm-water drain- age disposition, landacaping of common areas, aound wall treatmanta alon, South University Boulevard, fencing between the subject lite and acljacent property owners to the north. water and Nwer Nrvic:e to the four buildins sites, and underground placement of electrical Nrvice to the four building sites 7 . THAT Mr . Georp Bodley testified to concerm reprdin, drainap from the s ubject site, a problem that property owners abuttin, the north line of the s ubject s ite have experienced for a number ofyean. Mr . Bodley also ad- ·'t .. • • dressed the issue of proposed height of the homes, and requested modification in verbiage of some provisions in the PUD. Also presenting testimony in con- cern of drainage was Mr. Chan Lee of the Korean Emmanuel Methodist Church. 8. THAT John Dicker, Gerald Radetaky, and Ma. Nancy Flannigan, all property owners in the immediate area, testified in favor of the proposed PUD. CONCLUSIONS 1. THAT the application for University Homes Planned Unit Development was tiled by David M. DiPane. 2. THAT proper notification of the date, time, and place of the Public Hearing was given by publication in the official City newspaper, and by posting of the property the required 15 days immediately prior to the date of the Hearing. 3. THAT the proposed University Homes Planned Unit Development does com- ply with criteria established for the PUD District Plan, and for the PUD Site Plan. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that the University Homes Planned Unit shall be recommended to City Council for ap- proval, with the following conditions: 1) A Homeowner Asaociation shall be formed and documents pertainiq to the Association be tiled against all properties with the Arapahoe County Clerk. 2) A recorded copy of the Homeowner Asaociation document shall be pro- vided to the City. 3) The north wall of the drainage channel on the north property line of the subject site shall be raised fi ur inches in height. The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on September 4, 2002, by Mr . Welker, seconded by Ms. Krieger, which motion states: The Planni716 Commission recommend that Cit:/ Council approw Ca. IPUD 2002- 01, for University Homes at 3055 South Uniucraity Bouur.,ard, with. the followinl condition.: 1) A HomeowMr Association shall be formed. and docWMtm J>Crtau&u16 to tla.e Association be fiud "l/Oirut all prop,rtiu with tla.e Arapahoe Cowaty Cieri. H \GllOUP I BOAltDS I PLANCOMMIFladlaplFladiall 30IIIIP'Of u_. ..... PUD.-3 t • • 2) A recorded copy of the HomeowMr Association document shall be provided. to the City. 3) TM north wall of the drainQ6e channel on the north property liM of the sub- ject site shall be raiMd four inches in height. AYES: NAYS: ABSTAIN: ABSENT: Kriepr, Latbram, Mueller, Roth, Schum, Welker, Wagoner None W"illia Parka The motion carried. These Findinp and Concluaiom are etfective u of the meetinc on September ,, 2002. .·.· BY OBDl!:ll or TIIB Clff PLAN!ll1'fG a ZOJmfG COIQIDl8JO!f ·Kells Waggoner, · aft ... -~ -,i:. ~ V \,J) <\) ~ 'J ~ "" '?f:: August 20, 2002 Englewood Planning & Z.Oning Commission 1000 Englewood Parkway Englewood, Colorado 80110 George Bodley 2300 East Columbia Place Denver, Colorado 80210 Regarding Proposed Subdivision Plat on the 1.03 acre parcel at 3055 So. Univenity I live at and own a home directly adjacent to the north side of the parcel in question. I have discussed the proposed project at some leogth with architect Pete Pappu. who sta1e1 that he repreeents the owner in regards to the proposed plan. rm primarily concerned about 101DC certain limited aspects of the proposal • Mr. Pappas bas made oral 8SSUl'IDCCS to the property owoen on the north that certain things will be done. He bas indicared that a new 6 ft fence will be erected on the applicant's property which will be paid for, and maintained by the applicant OI' sulllequeat owners. The IDOlt recent proposal I have seen uses the language in PUD Sectioalt-2. Peaces Section a: .. A 6 foot tall fence may be erected around the perimeter of the pan:el as indicated on the plan." I am insisting that for the project to be approved, this laoguap be changed from may to will In ocher words a 6 foot tall fence will be erected on the applicant's side of the property entirely at the applicants expense as the applicants repreeentalive hM promised us on numerous oc:casions. Mr Pappas bas also agreed that a spill over barrier will be c:omtructed • • imeara1 pan of the proposed concrete drainage channel. The spill over barrier is to be m.-on the north side of the channel than it is on the south to protect the properties on the north from any overflow of excessive waler. The idea being that if there sbould be any overflow of the cbanael, the excess water will flow onto the applicants property prior to over flowina oato the adjacent properties directly to the north. Again in order to obtain approval, the language of the doc:umentalioD and warting drawinp for the project should indicare that the drainage channel will have a railed cmb on the north side of approximately 6 inches. Again this only comrnia to writiq what Mr. Papas bu already promised and agreed too. Finally it is hard for an ordinary citizen or even the arcbirect to determine from the plot plan exactly the what and wbcrc of the proposed grading. the exact location, and the exact elevation of the drainage channel in n:spcct our properties. 'lbermn. rm Bikini that if the concrete drainage channel is in fact elevated above the beipl of the property direcdy to the north; that it will be suppmed by a masonry rewniDg wall OI' muomy faced embankment. t._;~, i 1 t11i<~lb j.i) ' ' ' 1 // -/vt.Jv or 11..~ ~n/ "{ a.S A f"~ J IM·''?,,(..(. "e, ORDINANCE NO. __ SERIES OF 2002 BY AIJIHORITY WHEREAS, David M. Dil'lne, owner of the property at 3055 South Univenity Boulcvlrd, Englewood, Colonido, submitted III application to build a poup of four bomea oa a VIClllt parcel of land in the area bounded by South Univenity Boulevard on the eat, But Dal1moudl A-oa lbe South. Baal Dartmouth Place on the west and the Englewood/Denver Boundary oa the 111111b; and WHEREAS, the Planning and Zoning Commiasion opened public bearinp and took testimony on the subject property which is zoned R-1-A Single-Pllllily Raideace Dillric:t; and WHEREAS, the Commiuion requelled clarifications to the Dislrict Plan verbiage and additiooal information regarding site draiuce; and WHEREAS, applicant also submitted III applicalioa to subdivide the property CODlllned in the Planned Unit Developlmal/ and WHEREAS, the Commiuion recommeuda l(lp[OV8I of daia Planned Unit Development; ad WHEREAS, the Department of Community Developimut rec;cMnnlfflds approval f:A the Preliminary Plal of the Univenity Homes Subdivision with the coadltiou that a Homeoner Alsocillion be formed and clocunatl per,aimns to Ille Allocillioa i. filed apilllt all papldiel with Anpaboe County Clerk and a lel:orded copy of the Homeoww MIIOCillioD doc:ua.al be provided to the City of Englewood. NOW, THERE.FORE. BE rr ORDAINED BY nm CITY COUNaL OP nm CITY OP ENGLEWOOD, COLORADO, AS POU.OWS: ~-The Planned Unit Development, attached hereto • Exlu'bit A. for property numbered 3055 South University Boulevard, in the City of Englewood, Colondo, is hereby l(IIIIOYed wilh Ille following conditions: · I . A Homeowner Association be formed and documeDls pertaiaiDa to die Aseociadoa be filed against all properties widl the Arapahoe County, Colorado, Cledr. ud Rec:onler. 2. A recorded copy of lhe Homeowner AslOciacion docwmat be provided to the City of Englewood. Colorado . Introduced, read in full, and palled on fint readiq oa the 71h day cl Octobs, 2002. -1- Published u a Bill for an Ordinance oo lbe 11th day, of Ocrober, 2002. Beverly J. Bradlbaw, Mayor ATJ'EST: Loucritbia A. Bllia, City Clerk I. Loucrilhia A. Bilis, City Clerk of the City of Bnpewoocl. Colondo, hereby certify that the above aacl fcRaoma ii a lnle copy of a Bill for• Orclillala, iDtroduc:ed, rwl ia full, 111d pwcd oo tint readina on die 7th day of Oclober, 2002. -2- Bu. Blu Inc. 2040 LNrnw st. °"""' eo. m Pholll (D) 197-2990 I'll (D) 197-a& ... E&R-l.&2 (BJE) 19:1 O&R-lll (a) IUDIW soaaa ,,., oM110 11 au91 DIG! ·:,u1 alllll9n1e ·lllflne UNIVERSITY HOMES PLANNED UNIT DEVELOPMENT - DISTRICT PLAN Sffl! t Vl_~MAL __ _ j ~Tl PllOPOSl!D CONSTaUC110N SCHEDULE ,,_ :.:::. ·-· .... ~. ~......,:-.Cl .,.,. ... Jee'.> PUD DEVELOPMl!NT SUMMARY •,A,111! ~ .. ?"'!. ·C"'-. •·1.-.& ~c .. :,e:...c-·c:,,,. ~g:; "", _:,•.i Q.. .. 1.0"'t. >~~u •' .. ~ .. .... .tJ •' . -~~ ., •"V•' 1-1-, ,r •ct; •• ..!ol 6"4..t:•.r_ ... ,..,~IE "'C:'0-J.."• ,.,.._•-e,t..cT,.1.•a·~Ul'l,''I "'°a--""""''~· ...... .,.,.-~ ..c. c:-•·•r-• .._,w.,. -..Cv c:r;; ~ e-.i.c.!'t • ~ c.-•-:.e!o .et , 6.6"' .. 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LOTI• 3051 10U111 UNIVERSITY 80ULl!V AllD -eo,.,,:~-~···..c;.- --~.-.... ;t,,(i ..... .,.. •• .,_,c - ..... -..... tc: ..... -...,..,-...; .. --; ()051 IOU11I ~ BOULl!VAllD) •.T!26JV. .._ '"'•c..,. ,-~1 i\,: "--:-...--~~·~~--::. :a.. ---~ .;_:_~.:·•..£•.'!.-'!! b! -•o-.. .... ·e- }~ -·~ ' .. -.&_, ...... ~-~ ,r,.,_,..,.,.-~~""i"4 -L-l\ -l I I !. l ~ j , : J 1--- I I •· ' a ---------_-,-~-:;-'-,-~-;.;---A-.----:; •,_,.,:\- --, ' ._.., i LOT J t i-10U111 UNIVIUITY IIOULEV ... ,.., ·-· •t.--..J. ~:·::.:1~. I - J-=;:;{:;.~-·---1,l ... ' ______ . ..; .. ;..·..;,._~-..;· .... -;.;.. ___ .J _____ ~-~~-::-;. :+-::::.-!(---=------,,.-.-_-_----=·:·~-,.~n-!·...:-~, T---- ...... ""'-...... ~ ... ~i ii i! nACTA a, ,uau ~ 1 'j ·1 ---~ I .... --·::...-........ ~ ... ~ ..c .... -; ... ~-..-.-.... ----- \ ....... :r..:,~._ .. ....... --· ' I T PUD SITE PLAN .... . 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HAMPDEN HILLS BAPTIST CH URCH SUBDIVISION LOCATED IN THE NEl/4 SEC 35, T4S, R68W OF THE 6TH P.M .. CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE. STATE OF COLOR AD O DARTMOUTH • IOe .. ,, -----·· AVEN UE I- V, ll:: • 0 . wll > z ::> I r I .... :> . 0 ' V, NOTtS COllll(SPONOtNG TO SCHrDULt e ,e -------~M~•Oll""1(111 ...... 0ll.l.l~~~ -- 11 C+J:i '; £i"£-il£"~ :e~in~,=i::-,.~~:_.. J•t • -....... 0'0 II r-~-~.r·.:rt-=-:~~I~ =-:1:,,:= I~•= ::ca~ .... Y'1I -- IOONUW(>jT TABL[ ~-..;: ~ ;a.: . .... .,. _____ Ca,\ 'l'~,--~-~- • n'!,,:Lr- wr.r--t- .... W'a-..,-e-, •T 9L• ~--. • ._VI • ._. 1'-»..V...~- ·~·U=~ i":.7r:mv . ~?f'..·U=-- i"':.7 .. :ic".=' ·~---;;'JI£- -t "'OT(1i I ........ U:( &6 0-,... 4---N)li; ,..,._. f •1' JI \I)~.'.:-:"'-:.~~--=~~ l ~1110CO..'»olll0~11C11i1.,..-• t--u .... o< .... \,#'OIi, W • .. (I •~........-.·-11ei(( .. ~ .,,,,. "'°"',.., ....... ~O("~ • .,,.,..,..,.,.,_ .• "Ch ..._~-·•u••""'•~·• -= .. ~ "'" ~ ,__ ..... " """ tlJI-·--~ ......... $..: ·1"••.J't c•nr . .1n: ..• ..._.._1Me ,u..,.._"" ......... , .... .., .... , ....... ~ ... (I --~.-. .. .._.,~.T-~"'I ""'•• ~ .._. .... ~ .._ ,n,....,.. .. .._ • , .• ..._ .. .,,,.,. .. --..~ .......... 141.t ..... .,. ~, .... ..-..c.,, ..................... ~ .wl... -· tfl't:l ..... 111 ... ca_•...-.-. ......... Wll .,,,r ,..., ""6--. ....ctt',_ ............. !IC................. _.. t.111 .......:, ..... , ........ ~ ..--. cu,-., ;..;-. .... --... , .. ,• ,, 0 RESOLUTION NO . SERIES OF 2002 A RESOLUTION APPROVING A GRANT OF $200,000. TO WESTERN ARAPAHOE COUNTY HOMELESS ALLIANCE (WACHA) FOR ACQUJSmON OF THE BUILDING LOCATED AT 3301 S. GRANT STREET IN THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, City Council has supported the Wesccm Arapahoe County Homeless Allilncc's House of Hope Family Resource CcnlCr (WACHA) by pusap ofRaollllion 101, Series or 1999; and WHEREAS, Resolution 9S, Series or 2000, City Council approved the use of CDBG funds toward the operations of the program and the rehab or buildinp; and WHEREAS, City Council approved the use of CDBG funds for opention of the program and the rehab of the building by Raolution 79, Series 2001; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Scctjop I, The City of Enatewood, Colorado, is hereby autborized to approve a put of $200,000 from the Housing Rehabilitation Fund to tbe Wata:u Arlpaboe County Homeless Alliance (WACHA) for the purpose of acquisition of 3301 S. Onat Street in the City of Englewood, Colorado, with certain rcstrictioaa in the deed. Sccljon :!. The Mayor and City Clerk are autborized to sip and anest all ooc:awy documents for this grant. ADOPTED AND APPROVED this 7'-day of October, 2002. ATTEST : Beverly J. Bradshaw, Mayor Loucrish ia A. Elli s. City Clerk I. Loucrishia A . Ellis . Ci1y Clerk for lhc Cily of En&lewood, Colorado, bereby certify the above is a true copy of R<."SOlution No. , Series of 2002. Low:rilbia A. Ellis COUNCIL COMMUNICATION Date Agenda Item October 7, 2002 INfflAlB>IY: Community Development Dept 11 Ci STAFF SOURCE: Subject: A Resolution approving a Grant to the Western Arapahoe Homeless Alliance (WACHA) for the Acquisition of 3301 S. Grant St Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCL ACTION Housing and Community Development Council has supported the Western Arapahoe County Homeless Alliance's House ,f Hope Family Resource Center by passage of Resolution 101, Series of 1999, and Resolution 95, .:,eries of 2000, approving the use of CDBG funds towards the operations of the program and the rehab of the building and by the passage of Resolution 79, Series 2001, approving the use of CDBG funds towards the operations of the program and the acquisition of the building located at 3301 S. Grant Street RECOMMENDED ACTION Staff recommends approving a grant of $200,000 with deed restrictions from the Housing Rehabilitation Fund (Fund 72) to the Western Arapahoe County Homeless ADlance (WACHA) for the purchase of 3301 S. Grant Street BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRED WACHA is under contract with the Recovery Foundation to purchase 3301 S. Grant Street for $400,000. The contract stipulates that the dosing will be held no later than December 31, 2002. WACHA has secured approval of grant funds from th~ following: Arapahoe County (CDBG) City of Englewood (CDBG) Colo . Div . of Housing (St Hsg funds) Total $ 75,000 (grant) $ 25,000 (grant) $200,000 (grant) $300,000 The balance of the purchase price ($100,000) will be borrowed from the MHe High Housing Fund. That application is pending approval at this time, but the staff response was positive. CDOH does not 11.ve the funds av.;labie to complete their commitment to this project since Governor Owens eliminated the State Housing Development Grant funds to balance the budget COOH cannot use th eir CDBG funds since ArapM\oe County is an entitlement aru. The federal HOME program Is their only other source of funding. It cannot be used for shelters, but it can be used for housing rehabilitation . To make this transaction occur CDOH requests that the City of Englewood help them fulfill their orislnal commitment by acting as a pass through agency for the federal dollars necessary to complete the property acquisition. This will be accomplished by the City applying to CDOH for $200,000 to fund housing rehabilitation from the HOME program and then the City providing WACHA with $200,000 of local funds to cover the amount that CDOH had committed to the project. The Housing Rehabilltallon Fund (Fund 72) will be used to provide e $200,000 grant to WACHA for the acquilitlon of 3301 S. Grant Street. Since the transaction Is simply a pass through, the City will not experience any fiscal Impact. RNANCIAL IMPACT None UST Of AffACHMENTS Proposed Resolution WHEREAS, City C Alliance's House of Hope F Series of 1999; and WHEREAS, Resolution 9S, funds toward the operations of the pro WHEREAS, the City of EnaJewood a notice of funds availability 111d desires to acquire the building located at 330 . Grant Enalcwood, Colondo, for rehabilitation . NOW, THEREFORE, BE IT OF ENGLEWOOD, COLORADO, Sectiop I The City of cwood, Colorado, ii benby llltlball~ of $200,000 from the Housin habilitation Fund to tbc Westcm Al'IIPllll>e Homeless Alliance (WAC for the purpolC of acquilitioa of 3301 S. City of Englewood, Colo , with certain rcstrictiona in tbc deod. ! I Section 2. The yor and City Clerk U'C audlorized to sip 111d attcat all ncceuuy ccs and certifications for the Community Development Block 1sition of 3301 S. Grant Street in Enalcwood. Colorado . I D AND APPROVED this 7'k day of October, 2002 . ATTEST: Beverly J. Bradsbtw, Mayor Loucrisbia A. Ellis , City Clerk I, Louc:rishia A. Ellis, City Clerk for the City of Enpewood, Colorado, hereby certify the above is a true copy of Resolution No. Series of 2002. Loucrisbia A. Ellis / 1' / I /' / I ' .r ----.. ~;;;/~ ,-~ ---------·-. -~ ~ -. --I IL ~6 ------I) • _3j~-------·--~ q ~ ·~ -_ __.. __ ------·- ' --.,,,-D-,,~,_ .. ~ -·· ~~--: ----.-.w' ·-• I?\ v'~ ~ --·----------""~r ~~ -~·· -.. I I. LJ. I 6 . -~ ~ --• ---- 't:' ~~. ------. -~ ~: ~-- n~· v ---~ ~ If =-~ ~ --- v- 5 . 9 ~ 1/;(,/11~ ~ (J(f frO <#IA -~ • • ., -... • • ~i • t~ . (---,. J ~ ".i~ ' 9· • ·• • • • n, tJ (?--l t~. ' " I I ~ dJb ~ ~·-· .. ' .. -/1.11.a-A.) -~ .. -----jYlofr ·_ ~-; . . . . '"" ~~-· . _...._.. ~----.-------... . . . ' -~--·------.----c--~----..._.. -. . . --. .. ---..4,,.-------.. ----_ _,,_____ -... --... . ~ 4J 1 ft-,~ fl/ ~AA~ /~ ~ ----~ ---=--- ~ ()~ --=-:, : . : --···-- ----· • c . 0 . -~ r./ ---·-------"' Vt --- --. ' • • l l '.1 I __ ., ,-6; ~- ·-• --~ --~- -----~,~-------------- ----~-. . u I' -------i~ --11. ~--=t~-~ --~ --=·===----·------i ~ ------· . ---r - ------,+. --' .I ~t --·--""'------- __........,....-----·---·~ -~------- --...... -~--- ' e. . . ' --':._ ~ ..... -- ~--~ --,.,-f~;).--~----· --d'Y'_::_ ---~ --- -----~-------· t .... • • ._,.__ - • • D . "-----------,..----..::.---~- -----....... ··----.... ------>--- . ________ ....,.._ _ ____ .,... ......_..._......__ - -------.,... .. -.... ·-------------~--.a--..-.t-....... ------ ·-------.. ---------- ·----------r ·--"-----...... • • • '~ ~ MONDAY, OCTOBER 7, 2002 JI"" ~~ 7:30 P.M. ; ~ <"1~ Englewood Civic Center -Council Chambers / ()}J I v 1000 Englewood Parkway ~ · Englewood, CO 80110 (11 c,11,00,de, r;:33~ J 2. Invocation. /J~ 3. Pledge of Allegiance. ~ 4. Roll c,11 . ~ ~ / oJJ.wd-{ e-.f ~ • t 5. Minutes. _! _ ~, a,,'(, -aO Minutes from the Regular City Council Meeting of September 16, 2002.W r ~ 6. Scheduled Visitors . (Please limit your presentation to ten minutes.) C§'1, $ a . Chris Olson, Director of S..1fety Services, will introduce Englewood Fire Fighters cf s,;,n Bake,, J,,oo Hehn, and Roman Rede, who will _. d,e my of 1,60 b . ::::::::w::d:.:.::::::;:~=:=d;s,ues p/ ~~ 7. ~~~~~ Visitors. ~~Yft!A~ta~ AJ.""l:f:'1'~?.':J4 I>-.~ ~:_~~_:~~',-.I',;-~ 8 . Communi cations, Proclamations, and Appointments. , • • f J~ a . A proclamation d~At::i:i.r 20 through 26 as World Population ~rr~ f/--0 Aw.,ene,s We'*-;}' ~ ~ _,, ' l'lene not~: If you have•~ wl-4 .-Y .................. Clly elE -·•••• (303-762-2405) at leMt 41 "-'ill.._ alwhea ..._ ......... 11111111 ya. Council Bill No. 48 -Recommendation from Public Works to adopt a bill • for an ordinance authorizing an Intergovernmental Agreement with the Colorado Depa~~tion for Belleview Avenue Sidew alks. STAFF SOURCE~ of Public Wo,b. ? iii. Council Bill No. 49 • Recommendation from Public Works to adopt a bill -for an ordinance authorizing an Intergovernmental Agreement with the Colorado Department of Transportation for University Boulevard Sidewalks. STAFF SOUICE: ken Rou, Director ol ~ WOl'b. iv. Council Bill No. 53 • Recommendation from the Parks and Recreation r /. LJepartment to adopt a bill for an ordinance approvin1 an agreement with r,.:{}a concessionaire to operate the Indoor Leamin1 Center at the En~ Golf Course. STAFF SOUICE: lob Spada, Golf c ..... Muqer. . Io 4. i.}- uenote: NyouhawallublllywlWll..._,_.._.... ..... ..., .. Cllrell~IWI .. (303-762-2405) al .......... ill ....................... n.-,-. • • Englewood City Council Agenda October 7, 2002 Pap3 b. Approval of Ordinances on Second Reading. b1tf} lj4 i. Council Bill No. 38, approving the Safeway Planned Unit Development as amended. 6?.J/t !IS. ii. frlJ ft '-/ft; iii. Council Bill No. 42, amending sections of the Englewood Municipal Code pertaining to Sidewalk Sales to allow the inclusion of a Farmer's Market Council Bill No. 47, approving a six-month extension of the moratorium on new residential construction in northwest Englewood. c. Resolutions and Motions. 9!)_ i. Recommendation from the Department of Community Development to /1 JJ__ "'1' adopt a resolution authorizing staff to apply for $200,000 for the Housing ~--,r-J.q Rehabilitation Project from the Colorado Division of Housing. STAFF SOURCE: Janet Grimmett, Housing finance Specialist. 11 . Regular Agenda. a. Approval of Ordinances on First Reading. i. Council Bill No. 54 • Recommendation from the Community Development Department to adopt a bill for an ordinance approving the ~ (p-Q University Homes Planned Unit Development and request to set a.wblic -.,.,/ r "' ~ hearing for November 4, 2002 to pther input on the Planned Unit -Oevelopment and iFie proposed su~ SOURCE: Tricia b . c. Langon, Senior Planner. -- Approval of Ordinances on Second Reading. Resolutio~d Motions. Recommendation from the Department of Community Development to adopt a Resolution approving a Grant to the Western Arapahoe Homeless Alliance (WACHA) for the Acquisition of 3301 S. Grant SJ,-_~,,._ STAFF SOURCE: lanet Grimmett, Housing finance Specialist. ~ 12 . General Discussion . a. Mayor's Choice. b. Council Members' Choice. Englewood City Council Agenda October 7, 2002 Page4 13. City Manager's Report. 14. City Attorney's Report. Adjournment 3·.'15r The following minutes were transmitted to City Council between September 13 • October 3, 2002: Englewood Liquor Licensing Authority meeting of August 7, 2002 Alliance for Commerce in Englewood meeting of August 8, 2002 • Englewood Transportation Advisory Committee meeting of August 8, 2002 • Keep Englewood Beautiful meeting of August 13, 2002 Englewood Board of Adjustment and Appeals meeting of August 14, 2002 • Englewood Parade Committee meeting of August 14, 2002 Englewood Code Enforcement Advisory Committee meeting of August 21, 2002 Englewood Cultural Arts Commission meeting of September 4, 2002 Englewood Planning and Zoning Commission meeting of September 4, 2002 Plew INMl .,,.. ..... ......, ....... ...., .................. Cllr.,, ' .. . (303-7'2-2415)111 ............ ..._ ......................... ,..