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Home My WebLink About1998-06-15 (Regular) Meeting Agenda- - • • t• • ' .. ... JUNE 15, 1998 REGULAR CITY COUNCIL MEETING ORDINANC£ t~~40, 41, 42, 43, 44, 45 RESOLUTION t 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83 ,, -. ' ' • ' • .. 0 • •· • 0 I - • • 0 • <. ENGLEWOOD CIT\' COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar Saaioa June 15, 1991 L Call to Order 1bc regular meeting of the Englewood City Council was called to order by Mayor Bums at 7 :49 p.m. 2 . Iavocatioll 1bc invocation was given by Council Member Nabbolz. 3. Pled&eal Allqiaace 1bc Pledge of Allegiance was led by Mayor Bums. 4 . Roll Call Present: Absent: Council Members Nabholz, Oapp, Habenicht, Waggoner, Bums Council Members Gandt, Bradshaw A quorum was present 5. Mlauta Also present : City Manager Sean City Attorney Brotzman City Clerk Ellis Director Esterly, Public Works (a) COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF TIO REGULAR MUTING OF JUNE 1, 19'1. Ayes: Council Members Nabholz, Habenicbt, Waggoner, Clapp, Burns Nays : None Absent : Council Members Gam:tt, Bradshaw Motion carried. 6 . Scllleduled Viliton (a) Mr. George Allen, 2799 South Downing SCn:ct. an Englewood Hislorical Society Board Member, gave each Council member an Englewood Dq,ol llllic decal . Mayor Bums m:ogniud that George Allen 111d his wife Pakic: Allen are our 1998 Englewood Citiuns of the Year. So, be said, it is a double pkasaR to have him here tonight. Mr. Allen said be thought he was coming over here to make an impusioacd plea, to get some support for our Historical Society. He advised that, while be was prqllring tbal speech. be received a letter from the City Auomey's office s&aling they bad aln:ady approved everything they were looking for . Mr. Allen S1alcd it was Cfflainly a shot in the-for tbe Hillariall Society, to act -heavy weight -.,port. He noted they hive bad a very clilrlClllt time ayillg to nlilC -,., bccaUlc they aR just a small board with no financial strength. They were banclicapped trying to raise rua and so -the coatractor they hired to ' .. • • 0 I ]- J- • • f.a&lewood City Couacil Jaae 15, 1991 Pqe2 • • • \. raise money . He Slated Ibis is a new life for them and he was prcay sure they can cany the ball now . Mr. Allen said he wanled to thank Council, on behalf of the His&orical Society. He commcnlcd that, when he got that lcaer, it was one of the biggest shots he's had in the arm in quite awhile. Mr. Allen pointed out that many people have worked on this thing for years, long and bani and sacrificed and they have collected things to go imo il Now, he said, it looks like it is going to work. So they arc very proud and he said they wanted to thank Council, from the bottom of their hearts, for their iJUrest in this program. He thanked Ann Nabholz and noted that he would guess she has worked harder than anyone. He offered to answer any questions from Council. Council Member Oapp stated she apprccialcs all the work they have done concerning the museum and for the City of Englewood toward that project. She opined it is something the communily is going to be very proud of and somdhing that will be around for many years to come for OW' children to enjoy. Mr. Allen advised dlll they visuali7.e this thing. _. that they have that CX1Ja land, being well landscaped, with a nice parting lot. It will be IIOllldhing that the pcoplc of Englewood will be proud of. He jokingly said that the only thing he has to be c:arduJ about. when WC get the nmscum, is that they will probably hang a tag on him with a price. Mayor Burns said that be thims the City Council is very plcascd and the Housing Authority is very plcascd and wc have developed a win win silualion ~ for naybody. He Slated wc arc looking forward to the complclioa of that IIIUICUIII and rally making a very nice~ for that ncigllborbood and for all the citi7.m5 of Englewood. School cbilckm and cvc:rybody die will visit it, be 5lid. Mr. Allen said he wanted Council to know that they will still be hanging in there and fighting like the dickens to get this. Mayor Bums noted it was a plcasun: to have members of the Historical Society ~- 7. N-a.edaled Viliten There were no noo-schcdulcd visitors. (a) A letter from Jill Gilbert indicating her raipllllion from the Clean, Green and Proud Commission was c:oasiclaal. COUNCIL MEMKR NAallOLZ MOVED, AND IT WAS SECONDED, TO ACCIEPT, W1111 lllEGUT, TBE RIESIGNATION OJ JIIL GIUEaT ntOM TBE a.EAN, GUEN AD PllOUD COMMISSION. Motion carried . Ayes : Nays : Abscnl: Council Members NabMlz. Hlbeniclll. WlgODCI', Clapp. Buns Noac Council Members Gama. Bradllllw (b) A letter from Nancy Hughes indicating her raignaion from tbe Clean, Grun 111d Proud Commission -c:oasiclaal. COUNCIL MEMaER NAallOLZ MOVED, AND IT WAS SECONDED, TO ACCIEPT, W1111 lllEGUT, TBE RIESIGNA TION OJ NANCY RUGBIES JllOM TBIE cu.AN, GUEN AND PROUD COMMISSION. Ayes : Coaac:il Maaberl Nabholz. Hlbeaidll. W..,aer. Clapp. S.. Nays: Noac " - • • 0 Englewood City Council June 15, 1998 Pasel Absent : Motion carried. • 0 • Council Members Garrett. Bradshaw • •••• Mayor Bums staled they wanted to recogniu all the good wort the Clean, Green and Proud Commission does. He said it takes a lot of time and dedication and they undersland if, from time to time , people can't find the time to serve any more, but they very much appreciate their service . 9. Public Hearl•& No public hearing was scheduled before Council . 10. (a) Approval of Ordinances on First Reading MAYOR BURNS REMOVED 10 (a) (ii) FROM 111E CONSENT AGENDA. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (a) (i) ON nRST READING. (i) COUNCIL BILL NO . 31, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE Al.TlllORIZING AN INTERGOVERNMENTAL AGREEMENT PERTAINING 10 THE ENlERPRISE ZONE MARKETING CONTRACT, BETWEEN THE COLORADO DEPARTMENT OF LOCAL AFFAIRS, ECONOMIC DEVELOPMENT COMMISSION ("E.D.C.") AND THE CITY OF ENGLEWOOD . Motion carried . Ayes : Nays: Absent : Council Members Nabholz. Habenicht. Waggoner, Clapp, Bums None Council Members Garren. Bradshaw (ii) Mayor Bums advised that he bad lllkcd with City Manqcr Scars, this afternoon. and he bas talked to other staff members, clarifying just how much is going inlo this contract . He cxplainCld that Ibis is tlae one wbcre we tndcd the ffl¥I' renovalion rl the Broadwaynss inlcneclion, for the other pn,jccl we bad in the !STEA lia, wbic:11 -to widal Broadway . He COIDIIIClllcd that his --,ry -that Ibis also included -1l'Ort on the Broadway bridF, which the memo indicates is true. He noted you can't quilc tdl that from the pn,jccl funding provisions, bu& he IUldcnlands we uvc - fw1her clarification on what is going to be clone with the bridge. as well as the street. Dim:tor Ellcrly explained 1h11 the original project. 1h11 was to deal with the interchange, largely involved the lengthening of the bridge, 111 the opening for 28S -increucd from four lanes to six lanes . And tbal, he noted . was rcplaoed with• dilrerem project thal we bad requested during the !STEA process ... but it was not successful ... I.hat would widen Broadway from 28S ... basically from w~ this other project, involving the bridge was. all the way up to Yale . In the swap out of the project. the Denver Regional Council of Governments allowed us to UICIQSC the scope of the project we were asking for on Broadway, that did get into some i~ts on the bridge. II docsn 't do anything to impact 28S II all, but it does allow us to put in the pavement to widen the bridge -gh III that we will uvc two turn lanes, inllcad of the one central tum lane , back to back . And it will allO wort on improving all of the traffic signals at thole two ' • ... • • , ]- En&lewood City Council June 15, 1998 Pace4 . ' • 0 t~ • \, intersections. He explained !here are several reasons for that . One they are old and two. the buried cables that are in the ground have been a problem. With each and every knock down, the cables get a little bit shorter every time we have to splice them back together again. So. he noted. they are pretty beat up and those signals do get beat up quite a bit and we will have to do a lilde bit more coordination to get crosswalks back into that area. Director Esterty advised that the other improvements they would be doing, that impact 28S a little bit. is they would be doing away with the sidewalk that goes underneath the bridge. That would be replaced with two sidewalks going east to west. at the ground, going up and over and crossing .Broadway at grade. Beyond that. he said. the project is largely the widening of Broadway to allow several things to happen on Broadway. We could put in landscape medians in the additional space that is created. We will also have dedicated left turn pockets for both north bound and south bound traffic. He maintained that the additional benefit to that will be that the wandering movement of the lancs ... as you get to some of the left turns over to the curb line and then back ... will be done away with and the through lanes will be suaight and continuous. So you will know where to go even when you can't see the lines in the rain and the snow. It will also have the side benefit of restoring some of the on-street puking on Broadway, at several locations. So that. he said. is largely what the project inwlves. Mayor Bums asked whal impact it would have on the 3300 and 3400 blocks of South Broadway. He advised that some of the business people are concerned about the improvements they have already made !here and the lighting standards. trees. signagc and so forth. Director Eslcrly said he wasn 't sure he could do that by the nwnbers. He said if they are talking about the arca between Floyd. the Partway and in that arca ... wbcrc it is already widencd ... that's actually oplional, whether or not we want to widen that out a foot or two. Mr. Eslcrty advised that that detail lam 't been decided yet, that is really a detail that would be worked out during the design process and that would include those businesses. This contract, Mayor Bums 5licl, is for design. IIOI for COIISIIUClion . Director Eslcrly Slated this contract is for desip and the way the budFI is being IChcduled ia the ISTEA programming right now. !here would be a year bialus in there, when we wou1dn 't be doillg aythilig in 1999 and then we are funded apin in 2000 for COIISlnlCUOll. But, he advised, IS IIIM)' of Couacil "-', the l'laidcm, just in the lasl couple of days, has signed the new ISTEA lcgislatioo dial ClOWCl'S the time period we are in now . That pw more money into the program and we are IIOI quilc sure wbal dial impact will be. Director Eslcrly said. to directly __. his queslion, this projec:l right now is jult for design. Couw.:il Member Waggoaer asud. cvea clurillg die desip process, if there is the public involvcmcot that is normal wilh a bigllway pn,jec:t. Din:dar Ellaty aid )'Cl, buc this is a litdc bil different tbm bip,ny projccU we llllvc doac ia die pat. He cl!plaillcd dial in die lasl couple of years the cities in die me1ro area wortcd Olll a ckal widl die Dq1a11aea1 of T...,.,,..... to allow local govemmenas to llllmF dlcir-. foderally funded projcas. 11lis is die lira ---involved with and basically' he IIOled., Mell lac 11)'1 we are allowed to 111111agc it. we are pliag Ill a-,e it by hiring a consultant to do the WOil . Pan of dial plOCICl5 .-kl illchlde a lipificaM ilMltw:aml by die public and by businesses in the area. Mr. Ellaty advised !Im pan of the QOIIIPliclled aMlft of Ille project is probably why COOT backed out of 1nlllillg 10 design dlis project themsdvcs. He llaled dicy ..... very bani IO get US to let them design dlis project a.I then they went on a tour of the lite and 1llcy tallied about the problems. block by block and business by business. and they have chosen IIOl to ...-designing this project. Council Member Waggoner said. his poinl being. that they are not going to be out in the cold, they are going to know whal is going on. bcawsc !here is going to be some public process . Director Eslcrly advised the whole purpose of where we are righl now is to proceed and get a project where !here is a consensus built around it. that has the cndonemeol of the City and the endorscmenl of the folks who are out !here. The final approval comes dvough when we agree to build the project and we come up with our match dlCII. Council Member Habenicht noted that he indicated the elimillllioo of the sidewalk under the bridte on 28S IS pan of the program. She asked wbal kind of impact. ir any. that will have. Basically, Director Eslcrly advised. !here is one sidewalk on the IOUlhcm side. underneath !here. and it is the handrail that is always ' -~-I " - • ' .. • • 0 f I ] • • Englewood City Council June 15, 1998 Paces • 0 • getting hit, the handrail that is falling down and rusting and we go round and round with COOT on that all the time . Plus, with the bird populalion that lives under the bridge, it is a collection point for bird remains. It is actually a pretty nasty sight w1Clancath there. He commented that there arc times of the year ... with dust and stuff ... that it is not a very healthy place to even be . Plus there are people , on the northern side, who will sometimes try to maneuver down maybe a one or one and a half foot curb in that area . So, he said, they wouldn't have the opportunity to do that ... we would replace that with two pedestrian ways that would be on top ... that would take you up to Broadway and then take you back down the other side, if you wanted to walk through there. Kind of the section that we sec, right up against the wall, would be like these jersey barriers out in the _center of Santa Fe . He stated they would kind of have a half section like that up against the wall. so there wouldn't be any horiwntal surfaces to gather the bird mess thal is there now ... or just dirt and sand and those types of things. He advised it is the type of thing that you could go through and spray it with water very quickly and it would be clean. Council Member Habcnichl asked if it will change the lane size. Director Esterly stated it will create a little bit of change in the lane size, but it only happens on the south side, where we would be taking the sidewalk out. He explained that with the center columns that arc in there, the whole underpass would not benefit from that increase in width. Mayor Burns commented that he menlioned there might be some additional funding or increased funding or faster funding. He stated he is cspccially interested if they arc going to widen the bridge on the top, and wort on that bridge, if there is some extra money or grant money available to enhance and beautify that bridge with something like you have at Speer Boulevard and Broadway. Something thal is really kind of special, where those 62,000 cars that pass under there. every day, might be induced to come up and sec what is going on on Broadway. Well , Director Esterly said, he would guess he would not want to give the contingency of the project away at this point. So, he said, no, there has not been any specific money programmed for those typeS of amenities and they may or may not be available in the budget. He said he would guess we wouldn't know until the budget -completed. The way the wording is written, he noted, there might be some opportunity for that. On the other hand, we have been out there talking with the Parks Dcputmcnt about restoring some of the gardening in that area that has gone by the wayside over the years and they have looked at how we might restore some of that and leave places for that. The traffic signals themldvcs would be somewhat of an enhancement. He advised they have had other discussions with the Downwwn ~opmcnt Authority about making that a key entryway with various monolithic type suuccurcs, but they haven't ever done anything with that. Mayor Burns opined that it is a golden opportunity to do thal. Director Eslerly stated there is no specific money funded in there, but it is tomething thal could be incorponled and maybe funded OUlside this project . He commented that ifwe wind up running under bud,ct. ii could be incidcnta1 to the project. Whal are the odds tbal the project is going to nm under budget he said. be doc:sn 't know . Mayor Bunls said be thinks ii is the opponunity to have it • a goal ay,ny and pahaps the funding would oome r.-oac ..-cc or IIIOther. But. be poillled out. if you cloa 't plan for it. • you arc doiog Ibis, ii is .,. pug to happaL He said he thiab it is• adminlblc goal to have and -if we can 't do thal. Unfortunlldy, Director Eslerly said, the Slnlclure illelf does not change very much. A lot of the wo11t would be in 1WTOMng up the sidewalks, to creaae additional lanes. and llriping it approprilldy. The aua ICIClioa is jusl about there right now . He QCIIIUIICllled they nwy notice tbal cars park on the bridge ... they use the surplus store for eumplc. There is no restriction on parking on the bridge. So the lanes arc basically there, but some parking restrictions may be ncccssary . Council Member Nabhol z commenled that it says a supplcmcntal appropriation of $66,000 will be requ.irm to fund this design phase of this project ud thal S39.000 ,ns lJudlelcd in the 1998 Public lmprovemcat Fund. She asked where the $66.000 will a,mc from. if it would be r.-the General Fund. DiJmor Eslerly advited that the stnighl forward -is it would be conu .. out of the PIF. In the five year plan. he Sl8ICd. it is ~'Cffld ud IJudlelcd . He said the original conccp1. thal they thoughl they were Idling into ' • • C' l ]- ]- • • • • t:aalewood City Council J-15.1998 .. , here, is that we would be designing this project over a two year period . 1bc $39,000 was the 1998 inslallmcnt on that design and then they envision the design going into 1999 and the additional money for that project would go into place at that time . Thal would have actually been significamly more money than this, he said, because we wen: designing a more: expensive project ... basically reconstructing the interchange. So, Director Esterly noced, if you look at the five year plan. this is less than the total that was in the five year plan. If you just look at this year, it looks short. Council Member Clapp said she wan&ed to make sun: she undcrslands this. She Slated what he is saying is that the wbole amount is in the Public lmpn,Yement Fund ... we are just laking it out in a lwnp swn, inllead of in inc:n:mms. Director Esterly stated wc are taking it out earlier than wc had originally planned ... yes . COUNCO. MEMBER WAGGONER MOVED. AND IT WAS SECONDED. TO APPROVE CONSENT AGENDA ITEM 10 (a) (II) ON FIRST READING. COUNCIL BIU.. NO. 32 , INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AU11fORIZING AN INTERGOVERNMENTAL CONTRACT BETWEEN 1HE COLORADO DEPAR'IMENT OF TRANSPORTATION (COOT) AND 1HE CITY OF ENGLEWOOD, COLORADO WHICH PERTAINS TO 1HE DESIGN OF 1HE PROJECT TO WIDEN AND CREATE MEDIANS ON BROADWAY BETWEEN U.S. 285 ANDY ALE A VENUE IN 1HE CITY OF ENGLEWOOD . Ayes : Nays : Absent : Motion carried. Council Memben Nabbolz, Habcniclll, Waggoner, Clapp, BIUDS None Council Members Gama, Bradshaw (b) Approval of Ordinances on Secoad Reading COUNCO. MEMBER WAGGONER MOVED. AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS It (II) (I) MIii (II) ON SECOND READING. (i) ORDINANCE NO. JI, SERIES OF 1998 (COUNCIL BILL NO . 27, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING 11IE RENEWAL OF AN AGREEMENT wrnt 1HE COLORADO HUMANE SOCIETY AND 1HE CITY OF ENGLEWOOD FOR 11IE LEASE OF 1HE ENGLEWOOD ANIMAL SHELTER. (ii) ORDINANCE NO. 39, SERIES OF 1991 (COUNCIL BILL NO. 21, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE REPEALING TITLE 15. OF 11IE ENGLEWOOD MUNICIPAL CODE 1915 AND ENACTING A NEW 1111.E 15 ENTITI.ED MNUISANCE ABATEMENT." Ayes: Nays: Ablenl : Council Members~ Habeaidlt. Wagoaer, Clapp. Bums Nolle Council Members Gam:n, Bradaw (c) ,_.._. aad Mauaas " - • • 0 , . ]- 1- • • Englewood City Council June 15, 1998 Page? • 0 , . • There were no additional resolutions or motions submitted for approval. (See Agenda Item 11 -Regular Agenda.) 11 . Rqular A1t11da (a) Approval of Ordinances on First Reading 'There were no additional items submitted for approval on first reading. (See Agenda Item IO -Consent Agenda.) (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. (See Agenda Item IO -Consent Agenda.) (c) Resolutions and Motions (i) Council considered a recommendation to waive a lien, by motion, upon compliance with the JWIC 9, 1998 Wiclunan letter. Mayor Bums said he Wlderstands this involves the Horton property. City Attorney Brotzman Slated thal was correct. He advised that what happened, in this case, is thal the Honon propeny went inlo foreclosure and an independent buyer came in and purchased the propeny. TIiey really didn't do all of their homework, he said, and the City's demolition lien and the Housing Authority's mongage arc both in priority to this person doing the project. He explained that what they found is thal they cannol complete the project, which is a cmplex, with the City's lien in place . When this was in the process offorcclosure, he said, the City anticipated taking this propeny. then it would simply remove its own lien and we would have owned the propeny at thal point and then put a Project Build house there. Mr. Brotzman Slaled that the question is. do they want to waive the lien for this independent party that is going to pul a duplex there. He IIOCCld this previously came to Council in a form that proposed anything from a single family dwelling up lo a four-plex. Council's response al that time was they weren't going to respond to the general comments. that they wanted a more specific plan. Also, he noced, Council was opposed to a four-plex in this location, thus they now have a proposal to waive the lien if they put this proposed duplex in place. Council Member Clapp said she wanled to ask Mayor Bums a quesuoa as. she opined., he was the IIIDII qualified to answer it. having been on the Housing Authority for 25 yan. She said it was her undenlanding that once we scrape a property. and put a Projcc:t Build home on it. our chances of recovering IOIIIC of the initial cost for the scrape arc pealCr than if we jusl banded it over to somebody dsc: to devdop it. She asked if that is righl. In other wonls. she said, if we put a Project Build home on Ibis we could recoup 10111C of our initial cost from the scrape. She asked if 1h11 is comet. Mayor Bums IIIIICd 1h11 is whal we normally do with Project Build. He pointed out thal we alRady have a rehab loan on Ibis property. He advised that DdJbie Mcdlod.. Cliair of the Housing Authority, was praena. Mayor Bums IIOCCld 1h11 one of the concerns. 1h11 he thought the Housing A.-bority had and he ocnainly had, was dial they get paid back on that loan . Bcc:aulC, he said, as they may RlC8l.l they got -rather ICYCl'C crilician from -State politicians on this project. hinting that we would never get paid back on Ibis loan ad it was all a Wlllle. He said he thinks we can be paid back . TIie other conoem he has had, and the City has had, is that the structwc they actually wanted to put on the site vinually had no setback and jllll the design of it was a concern. But. he said, he thougha the qllCSUOII she was asking was if we put a Project Build house on it. could we recoup the lien and the price of the sale. Council Member Clapp advilCld she was hoping we could brcalt even or not go inlo the bole too far . Mayor Bums said they would love IO do thal. Mayor Bums asked if Ms . Medlock re~:cd. from their lall meeting. the discussion lboul wbdher it was ncceaary to waive this lien in order to hive the cum:nt proposal go through. Housing Alllbority Chair ' "' - • • C , - ] • • E•&lewood City Council Jue15,1991 .... ' • • L• • Debbie Medlock advised they lalked about whether or not the City might be more willing to waive the lien if it was a Project Build type of house, where we could break even . She Slated they don't know until they actually get some plan scenarios . They also talked about if they would be willing to maybe waive the lien and even re-look at their loans ifit was for Habitat ... a Habitat housc ... would they be more willing to do IOIIIC things along those lines. Ms. Medlock staled they won't know break evens until wc decide about building ... what wc arc going to put on the structwc. 1berc was a lot of concern about the house they were designing ... it was really close to property lines. Mayor Bums staled they were obviously trying to maximize out the value ofwhal they were putting in lhcrc to try to recoup, because they made the mistake of not really reviewing the title and realizing bow many liens were on the property when they bought it. So they were trying to push the project out for more value and we were trying to push it back in to have more rcasonablc limits. Ms. Medlock advised that their a,ncem was that it wouldn't look well in the acighbomood, from what they heard. it was huge . Council Member Oapp asked if it was her opinion that perhaps this is a little premature, that we could put IOIIIC numbers together and look at this. Ms. Medlock staled that she '-i't seen this last thing that has gone through. She said she knows they approached the rehab commiaec and the last lime they had heard ... it just didn't seem feasible . She noted they arc trying to 111111c the besl of what they have gotten into. Ms. Medlock said she hasn't heard the latest. Mayor Burns commcnled it may be a little premature, that it 1m11S to him it could well be, until they get some more dala on whal might be propolCd theR. He said. if he is no1 wrong, this was proposed as sort of an induccmelll to gct this done and he dlinks Ibey might lliU be open to dial. But. Mayor Burns said. they would like to recoup as much as polliblc ... because the Housiag Alllhority had a loan. and because of the political situllion at that lime. he would heavily fawr that that loa be paid oft'. Council Member Waggoner Slated that he thinks this is significant enough that really the other two Council members should be here for discussion and for I wtc on this item. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SI.CONDI.D, POSTPONE TB1S ITEM UNTIL ALL COUNCIL Ml.MIii.RS ARE PRESENT AND THEY HAVE BAD A CBANCI. TO DISCUSS TRIS, POSSIBLY IN A STIJDY SI.SSION. Ayes : Council Mcmbcn Nabbolz. Habcaiclll. Waaancr. Clapp. Bums Nays: None Ablcnt : C4uncil Manbcn Gama. Bndlllaw Motion carried . 12 . Ceaeral Diltllllioa (a) Mayor's Choice (i) Mayor Bums said it was a pleasure to participate in the board and commislion interviews again last week . He DOied we have an awful lot of good people who volUnlecr for positions on our boards and commissions. (ii) Mayor Bums rcmiDdcd Council that Ibey have a breakfast Friday, with Littleton and Sbcridan. out II the golf counc, to dilCUII land 111e planning . He advilCd that he talked to the Mayor of Lillldon and he thought just the council people were going to come . He DOied Ibey have four acw council people and they arc going to try to Fl aU al them theR. " - • . .. • • 0 - - • • • 0 - Englewood City Council June 15, 1998 Pase9 (iii) Mayor Bums advised that lhe first Tent Talk is Thursday night al Cushing Park and he invited everybody to come 10 that . (iv) Mayor Bums noted that the Manufacturer's Round Table met on the 411, al Data Works ... a company lhal has a building off of Windennere. He stated ii is a wonderful company that a couple of entrepreneurs have started and bought a building down there and really have quite a booming business. He said they almost have a comer on the nuukct. that they make day planners for restauranls. They were very complimentary of the City Slaff in working with them on this facility, without prompting. Mayor Bums Slalcd he was very pleased at how well the City Slaff worked with them, through Neighborhood and Business Developmenl (v) Mayor Bums said he thought they had a good meeting tonight on Cinderella City and he is looking forward to more . (b) Council Member's Choice (i) Council Member Nabholz : I . She reminded everybody of the north Englewood meeting Wednesday night in the Community Room from 7 :00 to 10:00 p .m II is in regard 10 the truck traffic and the traffic along Danmoulh. 2. She advised she wiU be attending CML next Tuesday through Saturday, so she will be OUI of town . 3. She noted lhal the CML June Newsletter says that the League is seeking new pictures 10 hang in their headqwutcrs. Ms. Nabholz said she wanted IO find out if Englewood has a picture hanging on the wall at their headqwutcrs and if not wc might want to take a look at it. Especially, she said, with all we have coming down the pike. (ii) Council Member Waggoner advised that he got a call from a Floyd Borakovc and he talked like he had called all of Council or a lo& of them anyway . He said he was just wondering if Gary Scars was going to get them a repon on the tree problem. City Manager Scars said be thought every Council member received a IClcphonc call . He noted we received a call this morning and several of Council called him. Mr. Scars advised they had the Code Enforcement people go out there and be _, Sllisfied with their responlC. He Slated be had Oris Ol- and Byron Wicks SlCp inlo ii and lake a look al ii and they WCIII OUI and met with bim early this lftcmoon, about I :00. In csscncc, he has a tree limb problem 1h11 is really bctweca bimtdf and the .......,_, compuy. He is a renter on the properly and be dicln'l lhink they MR relpOlllivc enough in um. of doing the tree limb removal . Mr. Scars explained 1h11 our role im 'I to go in there and do the removal for him, our role is to enforce that in ICnnS of the nuisance onlilmlce. or whllevcr. But, Mr. Scars advised. Cliris OIDI and Byron Wicks agreed IO worlt clolcr with the~ a,mpmy . So, he said, WC made CODlaCl with the nmiagcmem company and ii is his understanding 1h11 they will be coming lo deal with this properly in a quicker manner than what he had asked for . (iii) Council Member Habenicht : I . She advised she will be attending a wonderful 40• anniversary party , of her cousin's, in Minneapolis next week . So she won't be able to attend a number of meetings, including DRCOO . She Slid she knew Mayor Bums would attend that for her. Mayor Bums asked if lhll is next week . Ms . Habenicht advised 1h11 is this Wednesday . She asked that they express her regrets 10 all the o&hcr IIICClinp lbc will not be able lo allcnd. like the Tent Talk, breakfast and north Englewood mccling. She noted that lbc will also be allcnding CML and looking forward lo ii. ' . , • .. • • 0 f I • Englewood City Cwncil June 1!1, 19911 Pap:10 • 0 • 2. She said she wanted to Slate for the record that she really appreciates the work that Cowicil Member Clapp has done in investigating and taking a great deal of interest in protecting our youth in terms of the lntcmct. She commented that they talked about it at the Study Session tonight and she was son of drawing an analogy and she just wanted to state for the record that in no way was it her intention to trivialize either her concern or the issue . She opined it is an extremely imponant issue. Council Member Habenicht explained that what she was trying to say was that she was hearing how valid and imponant the issue was, because she was able to bring it back into her own experience ... to an issue where a lot of people didn't share her concern, but her concern is still there. That, she said, was the intent of her comment and she wanted to clarify that for her. • •••• Mayor Bums advised that he will also be luending CML next week. that he will be appearing on a panel on Friday afternoon. Also, he was sony but he would DOI be attending the north Englewood meeting as Council Member Habenicht has asked that he allCnd the DRCOO Board Meeting on her behalf. But he thought he would like to sec the issues addressed ... some of which were raised at the last one he went to, especially traffic problems in the area . He said he looks forward to finding out what that discussion would entail . 13 . City ManaFr'1 Report (a) City Manager Sears advised he was also planning on being at CML several days next week . (b) City Manager Sears noted Mayor Bums had reminded everyone of the breakfast Friday morning. He Slated the two topics that will be on the agenda Friday morning will be an update and review of the plan with the other council members . He said those arc always informative and secondly there is a consultant Littleton has been usin11 along the Santa Fe corridor and they plan to have an update from that consultant on what they arc doing. So it should be an informalive session. (c) City Manager Sears said they have had a busy time with all of the issues related to the Englewood Center project, the Cinderella City project . He advised that he thinks most things ... or everything ... seems to be on track. The demolition work. in tams of working with Martin and Martin. continues . He said they did get a copy of the plan for Stapleton, in terms of the demolition. so we arc using some of that language and some of that informalion to pul together a proposal or bid on the demolition. Mr. Sears stated they had a very intense meeting last week with Peter Calthorpc and the development team to talk over the design and some of the final i-and we focused on the Sony Thealcr. He advised that Sony appears to be very interested in being there and they talked about the dclign in terms o( the loca&ion of Inca Street as it relates to that He said that everybody ICICIIICd to be in agrc,cmcnt with the dclign that was submitted. and agreed to by the Council . One of the i-on Sony was, as you C0111C off the tnnsit stop, taking a look at a wall of what a Sony would look like, or any thcaler would look like . City Manager Sears stated they all agreed , including Skip Miller, with trying to do some business in front of that. so that the wall is just broken up , so it is DOI just a straight wall . Thal may be a bookshop or it could be some type of coffee shop or whatever, to just break that wall up . They felt that was a very important design and they have taken that back to Sony for their concurrence to move on that. Mr. Sears advised they have drafted, and Dan Brotmlan has put together, an agreement with Wal-Man, which they have given to Wal-Mart . The agreement calls out strict design guidelines as pan of the agreement, a revcrsionary clause, and their support with EDA grant, in terms of using some of their employees to meet EDA guidelines. This may mean up to $750,000 or a million dollars tow.. He advised we haven't heard back from them, however, with the EDA g,ant, they have indicated a willingness to panicipatc on that level . We anticipate, he said, getting their word back on Ilic remainder of the agreement later this week or the fint pan of neX1 week . ' ' •. • • 0 ]- Englewood City CCN1ncil June 15, 19911 Pqell • • I• • City Manager Sears advised that we also met with Jean Townsend. as he indicated to the Council, about a tenant mix. He Slated we have a proposal &om her, we just received this afternoon . He said he met with her, the Weingarten people and Skip Miller. Also, he and Bob Simpson will meet with Ms. Townsend tomonow and review the agreement. He commented we want to be real cautious about how we contact tenants and get information. Mr. Sears Slaled he was very impressed with the representative from Weingarten, that he had a very good undcnlanding of the demographics of the area here . Mr. Sears said he wished he would have come to the table a little bit earlier, but he did show up last week and our intent is to work in conjunction with them to provide the best mix on the site over there. But we are still Uying to finalize that, he said, and if the Wal-Mart and Weingarten people can provide much of that data ... he doesn't know exactly what we will do, but we need to make sure we add value with where we go with that. City Manager Sears advised they have iierviews scheduled with seven residential developers on Wednesday of this week to talk about the n:sidenlial componall and they will be coming back with a recommendation to Council hued OD our dilCllllions with them. They also had a very thorougll lalk, Mr. Scars said, and they will have thal for Council on Friday, about the p187.8 itself and the width of the pl87.8 . Also. whether or not the median clown the middle or green spaa: on either side of the residential was the preferred altemalive . David Tryba actually bad a model there ofboeh alternatives. City Manager Sears said he thought they all came to the QODICIISUS that the plaza down the middle would probably be the best alternative and it was about a 100 foot wide separation there. Council Member Habenicht asked if that is like a big median . Mr. Scars advised ii would be a very, very large median, perhaps with some waler features along the median. In response 10 Council Member Habenicht., City Manager Sears explained thal David Tryba was more in favor of the green on boCh sides and then the strecl in the middle. Bue, he said, as YCNI lake a look at it, with the Wal-Mart center, we will have the boulevard with ftlC5 aligned in the middle . Then YCNI kind of widen thal out to go inlo the plaza by the residential, then you come righl back into the one acre open spaa:. With the Foley's building at the end, he advised, you can actually lake a look at that as a twmd effect and it really looks spcctaadar. City Manager Sears opined that the good thing is, with ~ Callborpc and David Tryba having the best minds with w1lan design in the nation, they really are laking a look al things like the light for the transit stop and bow the ligbl comes ia so thal it is not dirt. So there an: no pockds. from a safety viewpoint, where people can fed safe coming off of tbal as they access the plaza and dilitall()CS as yCNI come down into that. Mr. Scars fdt they are really womng lbroup a lot of the apecific: illues of the projocl . Council Member Wagoner asked about the latCll thn.ing from RID OD the addilional parking that is going to be needed there . City M-,icr Scars lllid that. as they may have '-11. they did not ..,.._, or we don't know of any approval, for the 4 million addilional dollars. A lot of that ~ was pred toward their ..,tang needs. hued upo11 their full build out or their full 111e . If lhll comes about. he adviml. there is the polClllial . clown the road. that we may llill go back to them for thal . But. he noted, it wasn't ablolutdy critical up front. Part of that was lo use thlt for shared parking. He said he though( lhll pan of the parking may be taken over by the alignment of the residcnlial buildings next to the parking deck, and they are taking a look al maximmng the ..,tang deck behind 11111. He said it is his undenlanding we fdt 1h11 we are okay with parting for the opcniag in the year 2000 . So, he said. he knows he is not --,jag thal qUCllion as well as he c:an and they need to give a betlcr cxplmation about that . Council Member Waggoner advised that bis coac:cm is thll somc of the users of light rail would be parking in other areas, that were specif1C811y not clclignated or not inlcnded for their use . and whether or not we mighl have to restrict our rcslrictions on -of 1h11 parking to conuol thlt usage . . . ,,_ ' ' • . • • 0 , ]- • E•&lewood City Council Jaae 15, 1998 Paae12 . ' '· • • t• • Mayor Burns slalcd be agrecd with Council Member Waggoner, thal it is important to get as much pamng in lbcrc for RID as you possibly can, if you can figure out some way to fund it. Because, he pointed out. once you lock ii in you aren't going to be able to change that design \'Cry well . City Manager Sears said he would like to focus in on that Friday morning or get Council an explanation. He agreed lbc lflCSlion is out lbcre and needs to be addressed . Council Member Waggoner commented that lbcre was anolbcr statcmenl in lbc rq,on from Citivenlllre that says "inf0111111ion received on FannieMac Americ:an Communities Fund could provide equity for lbc project.• He said be was not sure what Ibey wen: talking about. Mayor Bums said he wondered about that too. City M.....-San said Ibey went through a laundry lisl or all die fuadillg -we could come up with. We feel like, be aoled, with our PIF money lhll M didll't iedy pu1 ialo die oripal calaalllioas, 1h11 we can slill ulilil.e 1h11. He advilCCI that he knew Marilee Utter threw lbc FamieMae up and M bad about 15 to 20 different -of funds and Ibey just didn't focus in on that . He asked that Ibey let him get a better explanalion about lhal . Council Member Habenicht said 1h11 she bad read in lbcre, lll!lldhing about with lbc FT A funding not coming II this paticular poi• in lime, possibly earlier, and she knows that was one of the considerations utilized in providing lbc daycare facility that would be included. She noted 1h11 she has lbc same coocem lhal she bad when Ibey talked about residmial ... what lbc demographics or lhal would be . She fell we were n:ally trying to addras and serve a higher demopapbic with lbc retail we are looking for . Ms. Habenic:111 ... eel that she just wanaed to make IUl'C lbcre is a concern about how thal develops . ••••• Council Member Habcnicbl said she wanted to mc:n&ion 1h11 tall week sbc lltended an exciting conference called American's for lbc Ans, it was lbcir sc:coad coaferencc. Two nllional groups have joined IOgelbcr and it took place here in l>m\'Cr. She advilCCI 1h11 she Mint as a repraaUlive of lbc SCf'D , lbc Sc:ieltific and Cuhural Facilities Dislricl. Also, she noted, two of our Culbnl Arts Conunission members anmdcd and Gary Hultberg from lbc Slaff attended. There were some really exciting things lhal really corrdated with whll we are doing with Cinderella City. she said. some of lbc lalking we ha\'C been doing in terms of lbc civic center and lbc MIIICUIII or Ouldoor Arts and a lol or lbc ~ were on public an. Ms. Habenicbl said she ll1Clldcd one, espccially, trampor1llion and infralbuctlR, which talked about public an and it wen1 beyond public an in taus or lalkiag about how to trat ..-:es for tnnsit. There was -- from lbc St . Louis transit and Ponllnd ... how todeal with public an and how you deal with ..-:es in a pedcltrian way . Thal was one or lbc a.:am 1h11 me knew M had, 111111 our EDDA members MR OOIICCl1ICd about lbc pcdcslrian frieadly !llpCCl or 11111 walkway from c1own1own . 0ne or lbc lhillp Ibey bad included lbcre were places for people to 11ap and sit. She said me wondered if that was p,iag to be incorporlled here. as she thought 1h11 was ilUrelling . ••••• Council Member Habenicht advisccl that she had heard some back and fonh ... lhat several ofus have a diff'ere• Wlderstanding of some of the things Ibey talked aboul at Sludy Seaioll today on wha& exactly lbc public an ordinance, resolution. what have you ... what it mean&. whll it doea and what memos we are talking about She opined lbcre is a lol o1 fuzzi-and several of us have different ideu or what that an means and she was hoping they could address that II a Study Session when she is back in town . • • • *. ,, - • • 0 ]- - Eapwood City Coaac:il J .. t!l,1991 ... 13 •, • • • City Mulp Scan lldviaml llllll lie 1111111-... ilan oa die projecl illelf. He said be knows Paer Callhorpc .... grcal rq,ulllioa .... be tally did add to die projecl. but be -'l sure. bccaUle be is so inwlvcd with so DWI)' OIiier pn,jecll .._. die U . S., wllelllcr or DOI be was llllll excited about dlis or not Mr. Sean COIDIIIClllcd llllll lie _... ay .... by die ead al die day Mr. Caldlorpc -vay excited about what we are doing IICl'c. WIim lie IIIUd a wily. Mr. Caldlarpc aid it is becaUlc -, of these typCS of projcc:ll are gean,d towud etile typCS al ca 11 iliCI with tramit ad kiad al very high end typCS of communities and dlis is -alllle h, if Ollly, ......... type of CXIIIIIIIUllity, tramit oricaled dcvclopmcnts in Ille Mlian. Alld lie ..,. .... be lllilllll this c:an be .... model for other CIOIIIIDUllities who an:o'ljull at the VCI)' bigb ead, IO really Clllbnce -mixed U1C type al development. So, Mr. Scan aid, be is vay oriealOd to this• it does • back to die dlycare. eec... be commented, be knows be wlllll to try to promote. DOI jull die etile people plliDg OIi die light lllil, but it is really the ~ c:laa people. die middle w people, wllo feel lilrc dley c:aa iar1icipllc with dlis too. Thal is why llley i.oe - Cm!ll llf!Clll lbcllll dayare ia lllae. He apialll M-tryil!l to -1t willl-but it is Iliad albodl • RID 111d a tbc:a to 8111b it C ity wide. He llid lie dlllllpl .... W -iWillg CDmW to ... OIL 14 . Clly MlerMJ'• .... City AllOnley BnllDDa did DOI aYC a)' llll8cll to bring bef'OR Council . IS . Mjla,_. ~~-"'-·""--··, .. , .. City 'I •. • • 0 • • j -• . • ·, •· <. - • • • 0 ]- • • 0 • <. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY , JUNE 15, 1998 7 :30 P.M . 1. Call to order . fl:'f'j ~ 2. Invocation. /1~ 3 . Pledge of Allegiance. ~ 4 . RollCall . ?~/)~(A6$Jlf ."9;fll.t/1jAW$//Ml) 5 . Minutes. dffd 15-l) Minutes from the Regular City Council meeting of June 1, ~998 .U/J,/~ 6 . Scheduled Visitors . (Please limit your presentation to ten minutes.) a . Mr. George Allen, Englewood Historical Society Board Member, will be present to discuss the Englewood Depot partnership with the City. 7 . Non-Scheduled Visitors. (Please limit your presentation to five minutes.) ff 8 . Communications, Proclamations, and Appointments. 'l!lfJ'i-o',, ab .. Letter from Ms. Jill Gilbert resigning from the Clean . Green and Proud Commission~ ~v ..-..fromMa.Nancy--fromthe~.--PloudCom~ 9 . Publ~ng. (None scheduled) 10. Consent Agenda. MA--Yot-BaR.AJs f.Ub(/W 1~ a. I/ ~R/J~ !ffk-~wr ~M- a . Approval of Ordinances on First Reading . i. Council Bill No. 31 -Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance approving an Intergovern- mental Agreement with the Colorado Department of Local Affairs for an Enterprile Zone Marke)ij!, G!8nt. STAFF SOURCE: Art lclbelll, Buslneu Community Co- ordinator. vu«-1~ , ......... •rou--•111 blFSIJaall...a C Jlllla••sS 11, aaa11111111t•1101n1n..._f!I.._..._ .. ....._ nrne,.. _ ..... ...... , ' .. ., • • 0 - J.-- ii. ii . ,, -• • ,~ • ' Council Bill No. 32 -Recommendation from the Department of Public Works to adopt a bill for an ordinance approving an Intergovernmental Agreement with the Colorado Department of Transportation for Design of Broadway WideniJJr:~ Medians. STAFF SOURCE: Chuck Esterly, Public Works Director vv "7~ roval of Ordi~nd Re ing . /{) j-i y.. j 1· uncil Bill No. 27 , approvi n Animal Housing Services Agreement with the Colo- rado Humane Society , Inc. to operate the Englewood Animal Shelter. Council Bill No. 28, amending the Nuisance Abatement section of the Englewood Mu- nicipal Code. c . Resolutions and Motions. y 11 . Regular Agenda. a. b . C. eal of Ordinances Qn First R9aC:1ing . Approval of Ordinances on Second Reading . R~ions and Motions . i . Recommendation to waive a lien by motion upon compliance with June 9 , 1998, Wteh-1Jl.i1N., 1 15-0 r-r· ........ man letter. • • WAOOONER MOVED TO POSTPONE THIS ITEM UNTIL ALL COUNCIL MEMBERS ARE HERE AND THEY HAVE HAD A CHANCE TO DISCUSS THIS, POSSIBLY IN A STUDY SESSION. 12 . General Discussion . a. Mayor's Choice . b. Council Members' Choice . 13. City Manager's Report . a. Englewood Center Update . 14 . City Attorney's Report . -~ The foll owing minutes were transmitted to City Council between ~11198: • Englewood Board of Adjustment and Appeals meeting of January 14, 1998 • Englewood Cultural Arts Commission meeting of May 5 , 1998 • Englewood Public Library Board meeting of May 12 , 1998 ' • • , ]- • • • 0 • ENGLEWOOD CITY COUNCll. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar SalNIII J•• 1, 1991 l. Call to Order 1be regular meeting of the Englewood City Council was called to order by Mayor Bums at 7 :SJ p.m. 2 . Iavocadoll 1be invocation was given by Council Member Nabbolz. 3 . Pledgeol Allqiuce 1be Pledge of Allegiance was led by Mayor Bums. 4 . Roll Call Prc:scnt: Council Members Nabholz, Clapp. Garrett. Bradshaw. Habenicht. Waggoner, Bums Absent : None A quonun was present Also present : City Manager Scars City Attorney Brotzman City Clerk Ellis Director Simpson, Neigllborhood and Business Development S. Mi.ta (a) COUNCll. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE TRI. MINUl'IS OF THE Ill.CUI.AR MUTING OF MAY 11, 19'1. Ayes : Council Members Nabbolz, 0amtt. Bradshaw, HabenicN, Waggoner, Clapp. Burns Nays : None Motion carried . 6 . Schd•W Viliten (a) Roeema,y LaPona Kreiger and Janel Spangenberg from the Englewood Cultural Arts Commission were present to express suppon for a proclam#ion bolloring the Tenth Anniversary of the Englewood Downtown Development Authority's Sounds of Summer Concert Series . Ms. LaPona Kreiger stated that tonigllt is very important to her, because she bas the opponunity and pleasure: of commending the City Council on a number of things. Sbe said she thinks it is commendable tbal the City Council is doing. what Ibey have been doing. in the last couple of years with this project in Englewood. it is phenomenal . Sbe noted she can recall Slandin& bd'o,e Council two and a half years ago, u a member of the En&lcwood Culturll Ans Commigjgp 111d lbc moommcodcd dlll the Foley '1 building be utilized. instead of destroyed . Never did she dram dllt the building would become a civic and cultural ' ... • • 0 l - h&lewood City Council JNe I, 1991 Pqe2 • 0 ,~ • center right in the heart of a mixed 111e, transit oricnCed clndopmcnt. Mayor Burns commented that they didn't either. Ms. LaPorta Kreiger advised that. on behalf or the Englewood Cultural Arts Commission, she wanted 10 commend Council on the special recognilioa lhey are giving the Englewood Downtown Development Authority for their Tenth Anniversary or the Sounds of Summer Concert Series. She staled this bas become a very important. and sucx:asful, cultural event for our City, of which we can all be proud. Ms . LaPorta ~iger advised that, to add 10 the Sounds of Summer Concerts this year, which begins June 11 111, the Englewood Cultural Ans Comminioa bas acquired two sculptures that are going to be placed in the Little Dry Creek area before the concerts begin. Child or P-=e ii being given 10 us, for our 111e, by the MIIICWII or Outdoor An and will be placed OIi a pedellal that is on the DOl1h side or Lillle Dry Creek. She shared a picture or the sculpluR with Council. Ms. LaPona Kreiger advised tbal they have been very gracious to do this and we are so apprccialive of their c:O'orts tbal went into acquiring this for us . The other sculpture, which will be placed on the south side. Ullder the umbrellas, will provide an acstbdic value as well as a bands-on experience. The artiSI 's name is Joseph Riebe and she thought be would Slart pulling up the sculpture 10monow. The tide is yet unknown . Ms . LaPorta ~iger Slated they really appreciate the opportunity 10 represent our fine City in bringing these art worts 10 our citiz.ens. She advised that these two pieces of sculpture represent the two successful projects of the Cultural Arts Commission's Art in Public Places Program. Again. she said, thanks 10 the Museum or Outdoor Arts. Rodney Lontine, as well as Joseph Riebe . Council thanked them for all their work . (a) Marilee Utter, the City's owner's repraentative on the Cinderdla City pn,jecl. said she juSI wanted 10 like a miNlle to talk about the question or naming the project. Wbicb, she said, she knows bas been a high priority for Council and bas RICeiwd a lot or illlClell &om the community. She advised tbal what she is suggesting to Council is that the naming is part or an O\'Clllll identity suatcgy that needs 10 be carefully considered for the entire project and it bas 10 do with the logo, the image we project or the theme . She maintained it is a very important step tbal we should look at in its entirely . She opined that it should definitely include the community, but it should also include the Council and the developer and probably some professionals in the field that would help m wilh this. She pointed out 1h11 this is an important awllctiDg clecisioa. that will have a big impact oa the success of the project 111d we will be living with the decisioa for a long time. So. she said, she ~ lllgcll lhll we look at it in Study Session in the next three 10 four weeks . Council Member Bradshaw suggaled they pu1 it on the July 6• Study Session . Council agRCd . (a) A proclamation declaring June, 1991 as Colorado Recycling Molllh was considered. COUNCU.. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO PROCLAIM THE MON1B or JUNE, 1"8 AS COLORADO RECYCLING MONTH. Ayes : Council Mcmben NabMlz, Olma. Bradshaw, Habeaichl. Waggoner, Clapp. Bums Nays : None Motion carried. (b) A proclamation clcdarina June 14, 1991 as Flaa Day-considered. ,, _ • . .. •· • 0 I la&lewood City Couacil Jaae l, 1998 Paa,eJ • 0 , . • COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAIMING JUNE l', 19'1 AS FLAG DAY IN THE CITY 011' ENGLEWOOD, COLORADO. Ayes : Nays : Motion carried. Council Members NalJbolz, Gama, Bmdshaw. Habenicht. Waggoner, Clapp. Bums Nooe (c) A pnx:lamllion baooring Ille Tend! Amlivcrmy ol the Englewood Downtown Development AIOOrity•s Sounds o1Summer Concert Series-CIOlllidcred. The City Clclt read the proclamalion in full . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING TRI TENTH ANNIVERSARY 011' THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY'S SOUNDS 011' SUMMER CONCERT SERIES. Motion carried. Ayes : Council Members Nabholz, Gamll. Bnidshaw, Habenicht, Waggoner. Clapp, Bums Nays : None Mayor Burns presented the proclamalion IO Ron KicnlZ, Chairman of the Englewood Downtown Development AIOl>rity . Mayor Bums commcated on bow much we enjoy lhcle concens and arc looking forward to lhcm. He noted lhcrc will be the Taste ol Englewood event. just before the c:oaccrt next wm . Mr. Kientz bad a a,py of the brochure. which was put IOgdher by Harold Cclva. He lhlnked Mr. Cclva and said he did a wonderful job. (d) Proclamations honoring graduates of the Gn:alcr Englewood Chamber of Commerce's Leadership Englewood program -considered. Mayor Burns asked lhal the City Clclt read the first one and, he noccd, all ol the others read cxaclly lhc SIIIIC. (i) The City Clclt read in run the pnx:lamalion honoring Nancy Akers on her succc:ssful complclion ol the Leadcnbip Englewood Program. COUNCIL MIMaER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE A PllOCLAMA TION HONORING NANCY ADRS ON BIR SUCCISSll'UL COMPLETION 011' TRI LEADERSHIP ENGLEWOOD PllOGRAM. Ayes : Council Members Nabholz, Gama, Bnidshaw, Habenicht. Waggoner, Clapp, Bums Nays : None Motion carried. Mayor Burns presented the proclamation IO Nancy Aken. (ii) COUNCIL MEMalR IIAIIINICBT MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING LAUlll CLAPP ON BER SUCCISSll'UL COMPLETION or THI LI.ADIRSBIP INGUWOOD PROGRAM. Ayes : Council Members NalJbolz. Gama. Bnadlbaw, Habeaichl. .... ,, - •. .. •· • , ]- • • t• • Eapewood City Couacll Jue I, 19911 Pqe, Waggoner, Clapp. Bums Nays: None Motion carried. Mayor Bums presented the prodNNCioo to Lauri Clapp. (iii) COUNCO. MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING ROBIN LENZ ON HER SUCCESSFUL COMPLETION OF THE LEADIERSBIP ENGLEWOOD PROGRAM. Motion carried. Ayes: Council Members Nlllholz, Gama, Bradshaw, Habcnic:bt, Waggoner, Clapp, Bums Nays: None Mayor Bums presented the proclamalion to Robin Lenz. (iv) COUNCO. MIEMBIR WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING CORRINE LINDSEY ON BER SUCCESSFUL COMPLETION OF THE LEADERSHIP ENGLEWOOD PROGRAM. Motion carried . Ayes : Council Memben Nabholz, Gama, Bradshaw, Habcnic:bt, Waggoner, Clapp. Bums Nays: None (v) COUNCIL MIEMBIER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING DUI MEDLOCK ON BER SUCCESSFUL COMPLETION OF THE LEADltRSBIP ENGLEWOOD PROGRAM. Motion carried. Ayes : Council Members Nlbllolz, Gama, Bndlbaw, Habcnic:bt, Waggoner, Clapp, Bums Nays: None Mayor Bums presented the proclamation to Debi Medlock . (vi) COUNCIL MEMalER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING ANN NABHOLZ ON BER SUCCESSFUL COMPLETION OF THE LEADIERSHIP ENGLEWOOD PROGRAM. Motion carried . Ayes : Council Memben Gama, Bl'lllllhlw, Habcnicb1, Wagoner, Clapp, Bums Nays : None Abltain: Council Member Nabholz Mayor Bums presented the proclamllion to Ann Nabholz. (vii) COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING SHANNON O'UARY ON BIR SUCCESSFUL COMPLETION OF THI LIEADlltSBIP ENGLEWOOD PROGRAM. Ayes : Council Memben Nlbllolz, Gama. Bradlhlw, Habenicht. Wagoner, Clapp, Bums Nays : None "' - • . .. •· • 0 , ]- • Easteweod City C-il Juel,1991 PqeS • • • Council Member Clapp accq,tcd the proclaimtion on bcba1f of Ms. O'Leary. , . (viii) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING BUBO: PERRY-SMITH ON BER SUCCESSJUL COMPLETION OF 11IE LEADERSHIP ENGLEWOOD PROGRAM. Ayes : Council Members Nallbolz, Gama, Bradshaw, Habenici.. Wqgoocr, Clapp, Bums Nays : None Motion carried. Mayor Bums praeated the proclamllioo to DdJbie Paty-Smith. (ix) COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING PATRICIA STEVENS ON BER SUCCESSFUL COMPLETION OF 11IE LEADERSHIP ENGLEWOOD PROGRAM. Motion carried. Ayes: Council Members NalJholz. Gama. Bradshaw, Habenicht, Waggoner, Clapp, Bwns Nays : None 9. hblic Hearlq No public hearing was scheduled before Council. IO . c-1Apda (a) Approval ofOrdinaca on Finl Reading COUNCIL MEMBER GARRE1T REMOVED II (a) (ii) PROM TBE CONSENT AGENDA. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 18 (a) (I). (Ii) ud (IY) ON FIRST READING. (i) COUNCIL BILL NO . 27, INlllODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING lllE RENEW AL OF AN AGREEMENT WITil lllE COLORADO HUMANE SOCIETY AND lllE CITY OF ENGLEWOOD FOR 111E LEASE OF TI-IE ENGLEWOOD ANIMAL SHELTER. (ii) COUNCIL BILL NO . 28, INlllODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE REPEALING 11TLE IS, OF TI-IE ENGLEWOOD MUNICIPAL CODE I 98S AND ENACTING A NEW 11TLE IS EJlmll.ED -NUISANCE ABATEMENT." (iv) COUNCIL BILL NO . 30, INlllODUCEO BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE ENACTING A NEW 11TLE S, CHAPreR 27 , OF TifE ENGLEWOOD MUNICIPAL CODE 198S ENTl11.ED 'JE.ECOMMUNICATION FACD.JTIES AND TOWERS. • . •· • 0 I • E•ckwood City Coaacil Juae 1, 1991 Pa&e6 • 0 - Ayes : Council Members Nabholz. Garrett. Bradshaw, Habenicht. Wagoner, Clapp, Bums Nays : None Motion carried. (iii) Council Member Ganett explained 1h11 he bas a a,allict with Council Bill No . 29, lbcraore he will ablllin 6-wu ... Mayor Bums llaled he Im bocD advilcd. by the City Attorney, thal this is a Tide 16 mailer in the Englewood c«le. lbcrdore Ibey need to set a public bearing on Ibis itan. COUNCIL MEMm:R •llADSIIAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (Iii) -COUNCIL •11.L NO. 29 ON nRST READING AND SET A PUBLIC BEAlllNG FOR JULY 6, 19'1. COUNCll. BILL NO. 29 , INTROOUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITLE 16, OF 11iE ENGLEWOOD MUNICIPAL CODE 1985 WTnI 11iE ADDmON OF A NEW TITLE 16, CHAPTER s. SECTION 29 , ENTmED TELECOMMUNICATIONS ANI'ENNAE AND TOWERS WHICH ESTABLISHES ST AND ARDS FOR 11iE DEVELOPMENT OF TELECOMMUNICATIONS ANTENNAE AND TOWERS AND 11iE INSTALLATION OF RELATED FACILmES AND MOVING TITLE 16, CHAPTER 4, SECTION 21 TO TITLE 16, CHAPTER 5, SECTION 30, ENTITLED SATELLITE DISH ANTENNAE IN 11iE CITY OF ENGLEWOOD , COLORADO . Voterealts: Ayes : Nays : Abstain : Motion carried . Council Members Nabholz. Bnidshaw, Habenicht. Waggoner, Clapp, Bums None Council Member Garrett • •••• Council Member Habenicht asked if they need to set a public bearing for the bill for an ordinance amending the Nuisance Abalement section of the Englewood Municipal Code . Cily Allomey Brotzman advised they may , bul they don ·1 have 10. He i:xplained that ii is only zoning ordinances lhal require a public bearing . Council Member Habenicht Slated lhal she lhoughl ii would be approprialc lo do so . Council Member Bradshaw said she didn 't Mayor Bums commented that he didn '1 see a real need for it either. He asked Council Member Nabholz if she had a comment Ms. Nabholz advised lhal there has been a IOI of inpul. in order lo gel this public nuisance ordinanoc into effCCI . Council Member Bradshaw Slaled lhal she sees ii as a delay that she thought the public has had more lhan enough lime on the nuisance abllemenl . Council Member Nabholz adviled that it was explained to them, by Dan Brauman. that Ibis is a step in the process ... where they can do more c:banging as they need to . She asked if that wu c:onec:t. City Attorney Brotzman advised thal was c:onec:t. Then. Council Member Nabholz said. she is salisfied with that . ' ,, - •· • 0 - • h&kwood City C011acil J•ae l, 19911 .• , • 0 t• • COUNCD.. MEMBER HABENICHT MOVED TO SET A PUBLIC BEARING FOR COUNCil.. Bll..L NO. JI ON JULY 6, 19'1. The motion died for lac:k of a second. Mayor Bums commenled lbal be thinks it is a good issue, but lbal they have had some input already . Council Member Garrett 5lalecl it is mostly procedural, where we arc setting up the guidelines ... but once we start the lllCll of changing it that's when they'll need the inpul. Council Member Nabholz agreed. Council Member Habenicht said that is good. (b) Approval of Ordinances on Second Reading COUNCD.. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (l) ud (ii) ON SECOND READING. (i) ORDINANCE NO. 36, SERIES OF 1998 (COUNCIL BILL NO. 25 , INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 1llE CITY OF ENGLEWOOD , COLORADO AND ENGLEWOOD PUBLIC SCHOOLS PERTAINING TO 11iE DEVELOPMENT OF ATHLETIC FIELDS LOCATED AT CLAYTON SCHOOL . (ii) ORDINANCE NO . 37, SERIES OF 1998 (COUNCIL BILL NO . 26. INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE ACCEPTING A GRANT FROM 1llE UNITED ST ATES ECONOMIC DEVELOPMENT ADMINIS"raATION TO 1llE CITY OF ENGLEWOOD. COLORADO . Votereadts: Ayes : Council Members Nabbolz, Gama, Bradshaw. Habenichl. Waggoner, Clapp, Bums Nays : None Motion carried . ( c) Resolutions and Motions COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (l), (II) M4 (ii). (i) PURCHASE OF WATER METERS AND RELATED EQUIPMENT FROM MOUNTAIN STA TES IN 1llE AMOUNT OF $25.541 .41 AND DANA KEPNER IN 111E AMOUNT OF $8,384.00. (ii) CONSTRUCTION CONTRACT WITH AGE. INC .• IN 11IE AMOUNT OF $38,880.00. FOR CONSTRUCTION OF 11iE CLAY STREET DRAINAGE IMPROVEMENTS PROJECT. (iii) RESOLUTION NO . 56, SERIES OF 1998 A RESOLUTION APPROPRIATING FUNDS FROM 11iE 1991 BUOOET FOR 11iE GOLF COURSE CLAY STREET DRAINAGE PROJECT. - ,,. ~ • . .,; I· • 0 ' • • • l:nckwood City Council June I, 1998 Pa&e8 • 0 I • • Ayes : Council Members Nabholz, Garrett. Bradshaw, Habenicht. Waggoner. Clapp, Bums Nays: None Motion carried. 11 . Replar Apda (a) Approval ofOnlinanccs on Fint Reading There were no additional items submitted for approval on first reading. (Sec Agenda Item 10 -Consent Agenda) (b) Approval ofOnlinanccs on Second Reading There were no additional items submitted for approval on scc:ond reading. (Sec Agenda Item IO -Consent Agenda) ( c) Resolutions and Motions There were no additional resolutions or motions submitted for approval . (Sec Agenda Item 10 -Consent Agenda.) 12 . GeHnl Diacuuioa (a) Mayor's Choice (i) Mayor Bums stated they had a vcry nice brcakfasl last wed in Litdc:loa. with Littleton and Sheridan. and hive agreed to son of rcsumct our Tri-Cities committcc to discuss commoo land usc planning and ocher issues in the corridor. He opined this has been a very imponanr commiacc, thal has been around since 1992 and it has had a lot to do widl the UllplO\'CIIICII on South Sanla Fe. the beautiflCllion. landscaping and so fonh . So it is somedling tbal has broughl our cities together and he said he was glad to sec it being l'CIUffCICled again. He commclllcd thal theft arc imponant issues regarding land USC to be addressed. (ii) Mayor Bums advised that he and Council Member Habenicht went to the Archdiocese and offKU lasl week on Monday for a tour with David Tryba. Architect and other stair members . He said it was vcry interesting to look at I CC>m'Cf1ion al• fonacr rcsidaK:c ball to III office buildmg and the kind of vision ... and the kind of rcmarbblc vision. he opined. that David Tl)tla has in making comersaons. He a,mmcntcd that is I small space c:omparcd to wllal we arc looking II in the Foley 's building. but it was a very intcrcsting tour. (iii) Mayor Bums noted 1h11 Friday they bad IIIOlher meeting of the Metro Mayor 's Caucus and. among other things. MariJcc Utter made III cxc:dlc• praelllMion about Cinderella City. There were maps and slides and so forth and all of the mayors in the metro sea are extremely interested in what we arc doing with Cinderella Cicy and. be tboupt. they arc mmcwhal cavious about our positioo "ith our lighl rail c:onncctlon . But they were looking at bow do you do a town ceatcr type or development . There was also a prCSClllllion by the developer of the Elitdl 's site. All die mayors -theft ... Mayor Webb was there. and he thought they found it Ill vcry , vcry illlel'Cllia&. He advilcd they also bad 1 prcscnlalion of I study that Dcn\'CI' WIIIU IO do . Tbc Metro Mayor 's Caucus IIJecd IO spomor die llUdy , by a gcndcman named Orfldd who is from Minncsola. I llale lcpllalor, who lhldics whole llldnlpOlitan areas ... statillical anal)"sil of crime and housill& and so forth ... aaw jurildiaioMI boundaries 111d ti- • 0 •· • C , - • Eaalewood City c-u Ja. I, 1"8 .... , • • • accumullla all of this cvidencc. He advised tbat the idea here is that bmriers to these problems do not respect IIIUllic:ipll boundaries. Ibey spill CMr at cliffem1t limes. They sponsored a $52,000 study to be done by Myron Orfielcl and his mtr. Mayor Bums stated that will be funded by various sources. not necessarily by cities. But. to aa:umulllc this inf'ormalion for lalcr UIC. Mayor Webb -to be very high OD this guy and his Sllldies. Mayor Bums noted they need a city u a conduit to do this through. and he said Englewood oould be tbll, but aU the mayors ap'eOd that we need to have some .-oa wbc:thcr there will be any mtr time necessary oa something like this. Actually. he said, thcy undentaad it will be very little. It is a maaa- of just giving them your accwnulatal figures on crime, traffic 111d III forth 111d Ibey digest them . They have cloae this iD about 12 cilies around the CGUIIII)' -and it is IOll of a aew -y to study cities and Ibey 11ee111 to be quite high OD il So, be advilCd, the Caucus bu .... to tlpOIIIOr this and WC will get IORIC input fairly quickly OIi wbc:thcr any ... time is required OIi dlis. Mayor Bums aJIIIIIICllled chal Ibey bad a oci&bborbood actioa group. Doug Limhan. who is a former state 1cgislamre. is the Exec:utiw Director of Good Ncigbbor lllitialivc. He advised Iba& Ibey help formulate and assist ncigbborboods to ClOllllCCl with each other. Mayor Bums advised that thcy arc very aware of our Ncigbborllood Watch Program iD Englewood. He DOied all be bad to do was mention Nancy Petenon's name and Ibey aU knew her and Ibey knew wbal a remaibblc: job she has done in Englewood. They arc doing some of this this SUIIIIIICI' and aalminaai,. in Nalioall Night 0... u we have clone here. So, he noted, Englewood was kind of on the map during that discussion too . Mayor Bums adviled chal Ibey are encowagillg sending lctten to Coagressman Sc:hacfcr, to expand the private aclivity bond program . The monies that we haw bad available through that prognun ... and there were broc:bara a a,uple of weeks ago ... an: going ful. u thcy expected. He stated there is only about SI 00,000 left iD dais qulCRlll, of funds tlm bave not beell UICd llrady. So Ibey hope to expand dial propa IDd ~ it. becaUle it is wry IUCCCSlfill . Mayor Bums ltaled tbll ..,..aty the IIICICUIII -about mixed -callaS and the region's fubR and llow you ........ dMa. Mr. Patalaer-oac of die apeakcn aad a \'Cl)' imaaaiac guy IO~ tlpClk, becalllc be Im cloae it for 25 years. 11lcrc were tiffcreat opinicm by the apallcrs U IO wlledlcl' "Ilia box" was in. Olll. OIi die -. or oat. He ,encnlly tboupt it was not 111d pw: various examples. ID die prelCllllliOII be pointed out tbat if you look at Incredible UIIMl'IC, it ud a Ilia building dial didD 't wort, the coacept didn't wort, bul the complll)' is very IIJ'OD& it is out. Scan is-in and uncbody clle took the buildinl 111d it wiU go on. Tluit is kind of the way be looks al this kind of~-Mayor Bums pointed out dm be bu been around a loag time, been at the IIICICiUIIIS in Lu Veps for 25 ycan iD the spring with the Rllilen 111d be iaUy ~ bow this -.ks aad be is a wry inleralilll lUY to haw speak. But Englewood -very, very plOlllinmt 111d be tboupt the mayors are uniwnally cxci&cd about wbat we an: doing down beR, wllldliag us very c:loldy and waalina to feed oft' the iafonllllion we bavc. that we c:an assist them with . So, Mayor Bums aid. we an: wry ialdl OD die map with die Mdro Mayor's, tllll is for sure . (iv) Mayor Bums coe :•ed dill thcy 11111 also aaeed, iD oac of their E-tmils, that the ICMA praftlcs. Ideas 111d Adioa. bad bolh -Tmt T .. ad Speed Pledlf bigblipled iD their publication rec:ady. (b) Council Member's Clloic: (i) Council Mmller l'illllllolz: I. She requflled the -of die E-TAC ~ for llldl ~ ii it is .. Qlll'IIIIJy in 111?. 2. SIie aid* WUIIII ID mllc an 11111 Ma.,w Bini 1111 liplll or NIii dis tcacr ha die Rqioaal Dinaor. 6-die Dlpalw of Cc oe ad fA:ollDaic Dlwla, s • lie 1111 liptld 11111 ...-. Council Mmller Nlllllolz ca f • looks pn:,31y ._ ..... $60,000 ID Wp fallow die . - '''II.lo' .. • • , - • • l:a&tewood City Couac:il Jaael,1991 PqelO • 0 • guidelines for some improvements along our South Broadway corridor and all. She said she was pl.cased to see wbal was done on this. 3. She asked City Manager Sears if any type of meeting has lakcn place bctwccn the Housing Authority, Neighborhood wt~ I>aodopment. Dan BIOIZDIID wt bim. Mr. Sears said yes . Council Member Nabholz said dial was okay, that be didn't have to go into it DOW. Actually, Mr. Sears advised, dial was one rl lhe ismes tllll be Wlllled to railC during bis report. Ms. Nabbolz said they could wait Okay, City Manqer Sean aid, be will come back to it 4. She advised tllll sbe IIIICDded a dedicllion today and it w oac rl the DIOll WOllderful things she bas done in a Iona time. Somecimes, she noted. you gct a little~ in lhe thinp you do. She said she went down to lhe cledicalion rl lhe an piece called The Lady Doc:lor a the ~ and Downing liglll rail Slalion . She said she was ID mowed by this finl. black, woman doctor ... who earned her degm: in 1902 ... who w not reaipiml who practiced mcdicinc in bolpitals. But she ddMffll all these babies throughout the whole meuo -here ... a wonderful, wondcrful woman. They had remodeled her house and mowed it to just across the stteet to where the bust of her holding a baby was dedicated. Ms. Nabholz DOCcd she stood there • dial lipt rail stop and saw the people get off and what they were looking at as they were gelling off and it gave her some real insight as to how we need to be very careful with our light rail stop, whal we look • in both directions . But she thought whal a wonderful opponunity we have to make such a beautiful. beautiful place when you have just one piece of an. She said she was so moved by that. It was hot. ii was windy ... they had a children's choir there and very few people attended. which was really sad. but she was very moved. • •••• Council Member Habcnichl said she was DOC sure, but dial maybe they need to have another meelillg with the Cultunl Arts Commission. The Cultunl Arts Commiaioa bas been WOlting with a group looking at an • the depol and there bas been a lot rl wort done . She noted Pluldta Punc:adli has been mffing - of the meetings between RID and people from the Planning c-missioa and there are -really exciting ideas . Also, the Cultmal Arts Commission is lpODIOring a call for art at the IWion for one rl the windsaeens and she knows the illlelll there is to make sun: it is a very prolessional. well lpQking piece that will address the community. She said she was glad Council Member Nabholz IIICDlioncd thal and maybe they do need M updale from the Cultunl Arts Commission. Council Member Nabholz advised that she Slal1ed OD that cask force and felt they have done some marvelous wort. But, she said, she tboupt MIii W revealed IO her today, WU the oppol1IIDity we have . Whal they did with a small area II»-and Downing, c:omparal to what we have ... so she is excited. She 5lalcd sbe wanted to encoura,e III IO pick up the pace. with the neigbbomood meeting, if we Me goina to fasl track this Olher. She advised she will talk to Bob Simpson OD that. S. She thanked Council for allowing her, and granting IChowsbips. to attend the Leadcnhip Englewood program . She stated ii was a real commitmelll, but a valuable learning experience, so she wanted to think them for that. (ii) Council Member Ciarfflt: I . He advised he will DOC be at the meeting OD the 1s•. wbicb is two weeks from today . 2. He said be wu curious about the pnllOall on pmdanwions He mmmentcd lhll tofflCtion the wbole COUKil lips them, _....inn the wbole Couacil dollll't ad lie dia't ._ iftlwn way pn,toaJI OD dlll Mr. Ciarrdt aid that for the Lcadcrsbip ~ ii leealld lilc the CoaciJ ...ad be UMJlvcd ill a,aarallllaliD& the people OD fulfilling 11111 procraa, yet dill OM -'t So, lie aid, lie jllll dia't ~ llow ..... __._ •. .. •· • 0 I ]- - • • • Enckwood City Council June 1, 1998 Pace 11 • 0 • Council Member Bradshaw commented that that was worded differenlly. I • Council Member Nabholz said she will take responsibility for lbal. because she probably went about it the wrong way . She advised she didn 'I call the Mayor first, to approve iL She said she just knew that lhcsc women nccdcd to be recognmd and so she requesled that Leigh Ann Hoffhines put something together. So, she 5lalCCI. she would take responsibility for the wording on it. She asked if we have something in place where it should be both lhc Mayor and lhc members or Council ... what is lhc prococol. Council Member Ganeu said sometimes he has seen it and sometimes he hasn't and he didn't know how Ibey make lhal ddenninalioa. Council Member Habcnichl noted it is son or catch as ca1ch can. Council Member Bradshaw commented that the Mayor speaks for all or lhcm when Ibey do that. Sure, Mayor Bums said, and lhcn sometimes Ibey are recognizing an organualion or something and Ibey all sign it. He noted ii is almost a feel to ii as to how you should do it. at limes. Council Member Habenicht said she docsn 't think ii ncccssarily needs to be consiSICnt, but sometimes. like with lhc Cilizen of Year. C\lcrybody wants to be involved. She suggested that maybe they all should let somebody know ahead of time. when Ibey know it is going to be on lhc agenda. it would DOI be too difficult to add all the names. Council Member Nabholz 5lalcd she fast tncked this one hcrscl( so for that she apologi7.cd and took full responsibility. So, Council Member Habcnic:hl said. if she waaled to sec lbcir names on lhcrc. lhal she thoughl the protocol was that she suggest it and it will happen. Mayor Bums said he thought that with other things, like a flag day or whalevcr. that Ibey don ' I all need to sign. that it is prcay obvious with those . (iii) Council Member Bradshaw: I. Regarding the Danmoulh traffic, Ms. Bradshaw said, she spoke with Ladd Vosuy about two weeks ago and he has some really good ideas about that. so lhal is already in place and she would just like that to be brought forward to Council . Especially with year around school and especially with regular schools getting out and people get careless, because they arco ·1 stopping. The other thing is. she said, lhal she really thought Ibey should look at lhc flashing lights ... earlier. Because. she pointed out, if they wanted 10 get a lot of folks that are speeding. Danmoulh, between Downing and University. they are lhcrc . She said she would appreciate that. 2. She said that when she taught a class for the code cnfon::cmcnt officers at lhc ACEO Ccnificatioo Seminar, she learned about a program lhc Kidney Foundalion lpOll50B. which allows people to doaalc cars. She noted, she just wondered if they published that more in Englewood, if that wouldn't be an avenue for some people to get rid or lhcsc cars. Council Member Nabholz asked if she picked up one or lhc books. She said she has the book . Council Member Bradshaw advised that Joyce Parsons has the informalioo on that . 3. She Slated that she just doesn't think that our staff has to take a lot olvert.l abuse from citizens. She said she does not !him that is wllll our staff is there for. Ms. Bndsbaw adviled that she 111d a pboae call about traffic enforcement on Sulla Fe 111d Broadway. and she 1111 already pvca 11111 to Gay • "' - • •· • 0 , • • • l:aclewood City CCN111Cil J•ae 1, 19911 Pace12 • 0 , . • Sears ... but she docs DO( think that when a citizen calls for service from the City that they have the right to abuse our Slaff. She said she knows that has happened on diffcrcnl occasions. particularly ... probably, policemen get it a lot more than other people . Ms. Bradshaw commcnlCd lhat she just thinks if a citi:zcn has an issue with a member of our Slafl' that they be up from about it and talk about it or set up a time to mediale it or something. But you don't wish lhal somebody were dead or you don't make snide collllllCDls . She opined that thal is horrid and lhat is not what Slafl' is there for . She Slated wc have a dam good staff. (iv) Council Member Clapp: I . She said she wanlCd to follow up and ask that we c:beck in the 3100 block of Sherman Sired to see if any of the clrainagc within lhat area has been changed or rerouted since the ~ 's. Ms . Clapp noccd she c:ouldn ·1 remember if she had given that to Gary Sears aheady. City Manager Scars advised that she did give that to him and he talked to Chuck Esterly on that and be was going to go lake a look. but be docsn 't know if there was a response back. 2. She said lhat she wanted to thank Council for allowing her to attend Leadership Englewood. Ms . Clapp SlalCd that really was an cxpcricncc and it was quite a commitment But she would higllly recommend it for the future. for individuals !hat arc intcrcstcd. She felt it was very , very valuable and it really gave her a lot of insight that she did not have prior to the course . (v) Council Member Waggoner said be knows that wc had people at the conference in Las Vegas, the Shopping Center Conference . He advised be is concerned that wc may be sitting back and waiting for people to show up ... tenants to come to us. Even though wc went to the Shopping Center Convention. be said, he thinks that if there is a lCllanl out there that we would like to sec in Cinderella Citv, we should be contacting them. getting some of our people out there and talking to them. cspccially Gary · Sears . Council Member Bradshaw Slaled that was a good poim. Mr. Waggoner suggcsaed wc rcally get out there and pursue geaing those people intcrcsled in the development and trying to get them within the City . Council Member Bradshaw commented tbal she was glad be said that, because the comment she hears over and over is that people want another Village Inn in Cindcrdla City. Council Member Nabbolz agreed. Ms. Bradshaw maintained that high school kids need a Village Inn. They also need another steak house. Ms. Nabholz said, a good quality steak house . Council Member Bradshaw advised that they want a place where they can congregate after plays and dilJerent activities. wbcrc it is a safe place to be . Council Member Waggoner stated that somebody needs to c:onlaet those people like that and really punuc getting those in. City Manager Sears advised they have a proposal for Council. but be was going to do that Wider his rcpon. (vi) Council Member Habenicbl : I . She commented thal it just occumd to her that she is DO( quite sure what she is suppose to do anymore ... talking about protocol ... that she gets c:oafused . Ms. Habenicht said she hopes it is okay thal she is going to CML Confcrcncc. Council Member Waggoncr Slaled thal be hasn"t seen anything requesting that. Council Member Habenicht asked if she CIII request that Mr. Waggoner asked if she has a cost put together. Ms. Habenicht advised that Sue Bradshaw has all of that infDnllllion. Mayor Bums advised that be will be on a panel Friday at the Conference . Council Member Nabholz stated that she is lllo requesting to go. Council Member Habenicbl said sbc docsn 't lhiak it bu ever becn cllaapd ... and maybe CouaciJ Member Bradshaw could bdp her remember dlis ... but it Ulcd IO be dial all Council members could a11C1111 OIL if .... •. •· • 0 , • Eactewood City Cou11eil Juae I, 1991 Pqell • 0 • they chose to. Council Member Bradshaw said yes . Ms. Habenicht noted she though! that was the way it was suppolCld to be and maybe that is why it dido 't happen. So she though! she would just make mention of the fact that she docs intmd to go and she knows Council Member Nabholz iJunds to go . Council Member Habenicht said that she knows it has been an extremely valuable conference and she would like to suggest that she and Ann Nabbolz be designated to vote on the policy at the annual meeting . Council Member Waggoner commc:nled that he didn't think they had ever made a request to go to CML, that he thought it was just a standard and automatic: lhing, where Council or anybody that wants to go, goes . Mayor Bums said he thought so too . You are kidding me, Council Member Nabholz said. after what she went through last year to be able to go .. .it is standard . City Manager Sears said he thought all the forms were in. Council Member Habenicht said she just wanlCd to clarify that or • least make mention of the fact that she is really looking forward to going. 2. Council Member Habenicht advised she is DOl going to be able to attend either the study session or whatever it is on the Monday of the 22"". seven days after the Is"'. She said she will be out of town for that. 3. She said she wanted to make sure they were all awan: of the shared funding that comes in from the SCFD Arapahoe Cwnty Cultural Council to help suppon the Sounds of Summer Concen as well as our Englewood Sununer Drama Program. 4 . She aoccd she would also like to shire tbal. as a member ol the Arapahoe Cwnty Cultural Council. she was going to be IIICadiag • Ans ad Lcadenbip Confen:nce this next weekend, over the next five days . She undentands lhlt cwo of our Cultural Ans c-mission members are also attending. It is really a wonderful oppol1Ullily, it is a llllioul coafereace being held here in Denver and so it is a greal thing. She said she undenlands that Gay Hultberg. l'rom the City. will be attending with them. Hopefully they will learn a lot about things they can do for our conununity. 13. CityMMqrr',.,.... (a) City Manager Sears advised. to go back to wha Mayor Bums said, that they had a really good meeting with Sheridan and Lialelon, last week . Pan of that meeting was to set up another meeting to talk about the Tri-Cities and also Cinderella City . He staled tbal Sue Bradshaw has made con1aCt with them and they are looking at the week of the Is-'. Sheridan. it appears, would probably look for a breakfalt on the 11". So, he said, he just wanted to check with Council . It would be June 11" • the Golf Coone. So if that is okay with everyone· s schedule . Mayor Bums noted that would normally be the Msix packM braldast. He asked Council Member Waggoner if that was right Mr. Waggoner said it's the third Wednaday . But. Mayor Bums swed, this is imponall. so maybe they can reschedule . He explained 1h11 the Msix packM is the Chamber. the Downtown Development Allhority and City Council and there arc six of them who meet . (b) City Manager Sean aid that Alla Nabbolz bad railed a poia He advised that be bad • opportunity to aacnd a Housing Audlority meetiaa ... .._ with the Hillorical Sociely. 1bere was a dialogue bee-the HillOric:al Sociely ud the Houlin& Alllbarily about the depot. the lland railUII efforts of the HillOrical Sociely ud the dirCClioa of die CoU11ci1 111 acquire the lclll for tllll ara. AJ a readt of the discussion, be, Dan Brotzmall ad Bob Si....,._ llad • oppol1lmity to 111C1C1 with Cbcryl St. Clair. Mr. Sears explained that the Housing Al80rity is ___. in tryia& to pul ~ a pn,poa1 tbal -.Id •· • C Englewood City Council June 1, 1998 Pace 14 • 0 I• • include Project Build funds 10 have the City acquire those siles. He advised he did not have the proposal in front ofhim. that it was stiU being cnfted by Cheryl St. Clair. What he would ask ... bec::ause he knows it bas been somewhat of a bot topic ... is that Council consider meeting next Monday night They have interviews with Boards and Commissions but, he suggested, if they could meet early next Monday night, at S :IS, and they could do food in conjunction with thal ... and review the proposal from the Housing Authority . So, if thal is acccptable 10 Council, he advised, they will have a proposal which they will get out 10 Council this Thunday that ~lales to thaL City Manager Sears said he was sorry to do that to Council, but they have such a busy schedule. Council Member Nabbolz staled that she apprecialed the wort he has done on it, this quickly . City Manager Scars commeoled thal it looks like it is coming together. Mayor Bums staled he wanted to penooally thank Ann Nabbolz for coming 10 the meeting at the Housing Authority Wednesday . He said he nociad she wasn't feeling the grealCSt, and it was a real effon for her 10 come and panicipale in that meeting ... he really appreciated her making lhat extra efJon to do that. Council Member Nabbolz said that ii is imponant that they all work together. Council Member Waggoner asked if they ~ saying that they -about to address the lhrec ordinances that Council tabled. Mayor Bums said no, that that is not wbM this is. this is involves the depot . Council Member Waggoner asked about the lhrec ordinances . City Manager Sears advised they ~ getting close to that. Mayor Burns said that he also appreciated Gary Sears ' aaendanc:c al thal meeting too , lhat it was very OOlllllUClivc to have him ~- (c) City Manager Scars advised thal ullf0f1Ulllldy one cl our diRctors. Tom Kersbisnik, WIOUIICCld last week that he is liking a job with Luc:cnl Tccbnologies . He said it was a really nice opportunity for him. but thal the liming is not good for the rat cl us and ullfortunalcly he bas given a two week notice. Mr. Scars COIIIIDCllted thal Mr. Kmbisnik bas dooe an excdlenl job, but Lucent said come with us and this is an opportunity thal he couJdn 't pass up . He said he just wanted 10 let Council know that he bas been talking with various deplnmcnl directors and the individual employees. He has not put togctbcr a plan yet, in terms of which dim:tion to go for that division. City Manager Sears advised be will be doing that during this week aad into the fust pan of next week . He swed be is planning to recruit nationally for a direclor in lhal position. primarily to be focused in on human resource management He opined thal is an -that needs some special attention. But ~ may be some pans of thal organization. just from a continuity viewpoint. may be best under another deputment for a period of time . Mr. Sears swed be will come back to Council and let them know what the direction is on that He said we really have excclJeot people in that division and be just wants to keep that operation going. The liming is tough, he noted, but be thought we ~ covered for most of those aRaS. (d} City Manager Sears said that Sue Bradshaw bad mentioned to him lhar two Council members need to be appoimcd to wort with tbem ... and Pauletta PuncereUi . on the budget . So , he noted, they need to have two members of the Council to take a look at the Council budget. He said he understood this has been the tradition in the past Council Member Bradshaw volunteered . Council Member Nabbolz said she thought she and Oyde Wiggills did it 1311 year. Council Member Habenicll noted it used to be a big deal, but lbe dido 't ~ thal it is a big deal riglil -· • •. •· • 0 , • • 0 - En&lewood City Council June I, 1'98 Pace 15 Council Member Nabholz staled she didn't mind. Council agreed tbal Council Members Bradshaw and Nabholz would work with them. (e) City Manager Scars said, as Kells Waggoner mentioned, that since lhc Shopping Center Conference, they don't feel that their full attcotion has been given to the tenanl mix. He maintained that nobody is really to blame. He said be knows that the financing thing has changed, that they really didn't have the plan put together until May 11 • and they really haven't surveyed the field . But as they have thought through this and talked to Skip Miller, to EDDA ... to everyone, they rcally feel that the mix of tenants that go with that sire ... with Wal-Mart and Sony ... is a aitical iliSIIC to them . He said they would like: to try to promote the best ICllaRl mix they can come up with. In imny ways. be noted. it is the dcvclopcr' s responsibility and be has talked to Mark Goldberg about it. in terms of what be can add. He said be knows there arc some big sessions tomorrow morning with Wal-Mart and Skip Millcr. and they have some sessions with him tomorrow afternoon. He commcnled that be thinks that the majority of the responsibility is with the clcvclopcr to come up with a mix that is economical and works. But Mr. Scars advised, we feel that we want to help guide that dim:tion in part. Absolurely. Council Member Bradshaw said. City Manager Scars advised that wc have done some work to come up with a couple of alternatives. He said be waJlled to tum it over to Bob Simpson to talk about what wc have come up with . Director Simpson said be thought Gary Scars set the tone. He advised that one of the things they have been finding is that after the ICSC Conference ... wc had really been very exciled about taking our plan forward and it was, for the most part. really very well received . And wc believe, be said. that we arc really beaded on the righl track. Mr. Simpson advised we have some questions and some concerns about the kind of renants that we arc being presented. for us to be looking at. as far as our project . That. be said, is really bow they arc trying to approach this. this is our project. He Slated that. in an ctron to help continue to guide this project forward, and make it something that EngJcwood is really plcascd with, Gary Scars suggcslcd that we take a look al what the 1a11111 mix nay be from the City Slandpoint To thal end. Director SUftl*III advised. he talked to a couple cliffercaa marketing and economic trend, analysis type, consultants. One aJOSUltant has proposed to provide some assislancc to the City to look at idcnlifying the best tenant mix, given our current anchors. And to make sure that the probability of success for that best renant mix, given that it needs to work well for Englewood, would come forward and be implementable. So we would be focusing on a stralcgy to make it happen with the dcvclopcr. Really focusing on what that good. best mix is and making sure thal it is really something thal has a high probability for success. from our standpoint Thal timcframc is appropriate, he said. we would be focusing, in the next two to three weeks. maximum. and the price is going to be somcwhcrc in the range of between SI 1.000 and $14,000. City Manager Scars said the one that he is familiar with, that he has worked with her in the i:ast ... and he knows Bob Simpson talked to several ... is Jean Townsend who is with Coley Forest. who has also worltcd with EDDA . Director Simpson advised that Ms . Townsend has a very good working knowledge of Englewood already , just on the basis thal she has worltcd on the Englewood Downtown plan. He Slated she understands, after our discussion, our situalion. He said in some ways ... ancl again. there is not nccasarily any blamc ... bul it is kind of a diff"IQIJt situation. Because wc have taken poucuion as landowners and wc arc moving forward and we have a plan that really is beginning to work very elTectivcly for us and yd once you identify your major anchors it removes some lcvd of inccmivc on the pan of other people to comt forward and really produce the best ICllalll mix . Mr. SilllplOII advitcd that. really, what we arc intcraled in is making sure that we keep prasing forward on the best mix of potential tenanU on this sire that is poaiblc, all the way to the end. JIIII bec:aUle we have idcnlified. eacntially, 7o-t. o( the tc1W1I mix on the site. tbrougb a civic CICIIICr, lllroup a Wal-Mart, lllroup a Sony tbcllcr, lhoulcln't mean that we sbouldll't continue to focus on other best IClallS on liee . -• ,; •· • 0 • • • Ea&lewood City Couacil Juae I, 1991 Pqe16 • 0 • • Council Member Habcnidll med if this pama is going to do -of the things that Council Member Waggoncr was lalking aboul ... to ICtUllly go beyond idailific:alion 111d wort toward recruiting. She said she just recalls dial when she hid a IIOn: • Solllhglcna 11111 they -recruited by the Tabor Center, they were recruited by Croaraads down in Boulder 111d she can lallClllber' wbal that was like . She DOied it seems to her dial she bas never heard anybody, Wllil -. talking about actually going out and l'CCIUiting the kind of tenants and the kind ofbusir m:r thal we want there. So, she said, she thinks that is a great idea. Director Simpson advised that that would be part of this effort, because if we are going to try to make sure that we haw: a high probability or sucass with this idmificd ICllalll mix, we need to be t.a1king to those tenants. So dial is one of the aspects. He llaled we do not haw: cw:ry cktail of this amlysis put forth, that WC haw: been trying ad to get ii pal in place. trying to make SUR: lbal WC haw: unedliDg to keep the timd'rama rulliag. Bui, die ~ of idmCi6c:acicMI of appropriale -.ilen 111d termllS. on site, lbal begins to meet Englewood's aeed&. • oppcial to perllapl the developer's needs OI' illlaal ... lllll's where he thinks we wen: headed 1111 lhis. And. he opined. Coley Forest Ullderslands thal issue and problem . Council Member Wagoner adviscd tbat he is not lalking about just a ICIWll mix. gcncrally, like a booksaore . He Slaled he is talking about going out and identifying a bookstOR and sec if they are interested or not. Exactly, Diru:tor Simpmn said. that is whal the task on hand is here. Mayor Bums staled he thims this is important. that be talked to Gary Sears a little bit about it and be talked to Marilee Utter about this ,-nl subject on Friday a! the Mayor's Caucus. He pointed out that any developer bas a cenain band of rdailers that they get used to and they have conlacts with and they may not be all the ones dial you are the IIIOll inlaalcd in. You may want to upgrade the list a bit. We haw: been wanting to do that and, be aslled, bow do we do it. bow would we coonlinale tbis ... ifwe wanted to make conlacts ... with wbal the deYdopen doing. Director SimplOII advised Ibey don't haw: that MJfbd out. Council Member Wagoner ..at City Maaapr Scan ifbe-W lpCICific authoriDlion to do this . He asked ifbe can do il adcr p, re 11 · out ICIVices. CIOllbacl. Mr. Sean adYiled 11111 they haw: the budget, under bis 11CCOU111. to do lbal. Mr. Wagoner asked ifbe would~ have an aulboriz.alion. City Manager Sears said yes . COUNCU. MEMBER WACCONER MOVED, AND IT WAS SECONDED, TO AU11101UD UP TO $28,000 FOR MARKETING ASSISTANCE. Ayes : Council Members Nabholz. Garrett, Bradshaw, HabenicM. Waggoner, Bums Nays : Council Member Clapp Motion carried. Director Simpson advised Council that if they have rpecific: 1e11a111s thal they know or. and they would like to pass lhcm his way , dial be does need thole specifac names . Council Member Bradshaw staled that is what she hears oonsistcndy from the community is die Village IM. Council Member Waggoner said be bas heard dial a lot, lbal they would like to haw: one back . Council Member Habenicht advised there is a ~ little res1a1nn1 down in Colorado Springs near die airport. She raid she wiU try and find the name . • • • • • City Ma-,er Scan said, jUll to go back to the AdminisbalM Saviclll Dinx:tor. 11111 llc wiU try 10 let Council "-where lie ii goiag widl dlia. inronn them of dial. He ~ ii ii pn:tty ..icta widlia •. • • , - • l.a&lewood City C•IICil J .. t, 1'91 Pqel7 • 0 t• • bis rapoasibility to aa;omplisb that But. be aid. be is looking fonnnl to doing a national recruitment and if Council bas any COllllllCIIIS. be would apprcciale that Mayor Bums advised lhll be and Gary Sears talked a little bit about this and be lhoughl be bad said be was lookiDg at ancbody, priamily, with a bwmn raoun:e background. City Manager Sears said yes, priJmrily bunml resounie, that is bis main focus . ••••• Council Member Clapp aid • Wllltt:d to explain her DO voc.c. She 1111m that • really feels lhll tbc:se dewlop m tPU are matct dmen 111d sbc tboupt tboee parties lhll an: illtaated in becoming part of this clevdopmeat. prdlably -W bM'C came forward by --Ms. Clapp opined we~ really exploRd it 111d ~ people lltCllded die Las Vegas lelllilm, where we hid a lot of wndol's there. a lot of different Rlailers. She said Ille dlaugbt dial -the place IO pick up ielailers, if we were going to pick them up. So, she staled. she is not in l'awr of spending any further 1DODCY on lhll at all . ••••• Mayor Bums advised dial be bas a little code enforcement matter ... be got a call at home on a problem in the 3300 block of South Wasllinglon. He said be would give it to Gary Sears . ••••• Council Member Nabbolz advised Council thal tomorrow. at 11 :JO, Ille would be meeting with Council Member Himmel-• 71 Eal Yale A-. She said thal Swallow Hill bu purchased that property and they will be meeting with the director there. to ..,_..., on bow we can wort on crCJ1S walks 111d painting llripes. • •••• Council Member Wagoner said dial be DOliced in the rq,ort that there were SliU -mccunp wida MOA (Museum of Outdoor Arts). He asked City MallllC' Seas if anything bas CIOIDCOUI of that Mr. Seas med Marilee Uuer IO rcapond. Ms . Uuer advised thal they IR FlDDI IOFlbcr the axmct provisions for MOA 10 preseal IO CCIIIIICil . She ltalecl there is a lot of aJDtaCt going on. dial they are ~ excited and we 1R excited aboul trying to put COIDdbing togclhcr. Then. Council Member Wagoner asked. they are prcay ICrious. Ms . Utter said Ille tbinb they are ICrious . 14 . CiCy Aa.ney'1 lle,ert City Attomcy Brotzman did not bM'C ay IIUIIICn to brina bclorc Council . IS . MjN...-t COUNCll. MEMBER WAGGONER MOVED TO AD.IOIJU. 111c mcctiq ad,jounlal • U4 p.m. ~tf/J4 ~ - ,, - • . ... •· • 0 ' ]- • • " •, • .. '- MEMORANDUM TO: Mayor Burm FROM: DATE: Englewood Council Me~~/ Gary Sears, City Manager/ ' Dan Brotzman, City ; June 10, 1998 REGARDING: SWIUllUY of Depot and Property Acquiaition. On June 8 , 1998 Council autbomecl City etaif to nep,tiat.e the pun:baN of the Depot and •UITOIIDdinc property. The buic outline for thia neaotiation would be u foDowa : • The City would purchue the Depot &om the Hilltorical Society for the principal amount of the Houaing Authority not.ea. (apprmimat.ely $%86 ,000) • The Houaing Authority would waive the int.ereat on the Hiat.orical Society notea. (approximately $92,000) • The City would purchue surrounding Iota. (approximately $60,000) • Aft.er pun:baN of the Depot and aurroundiJII property the City would then enter into an imtallment land contract with the Hiatorical Society for the Depot. Alternativea need to be preeented to Council reprdinc repayment either in caah or CODtributiam to the aite in lieu of a cuh payment to the City. CC : Enclewood Historical Society Enclewood Houaing Authority DB/nf ,, -. . , .. • . ~ .. • • 0 - - • ~~Olt Ol/11 IION 10 :Zl FAX 303 ITS Z311 Jacl. 1991 Clea ar-... Praud Cc•·--· CilyafP aT •• JG S. BIiii 911.- pal a II.CO •mo ............. sa.a: • • • "· ll'lt'Ullt.Al' l_.,,Rlipliommydllliel•a---«•ClaaGllaalPloadC: r • «tis City «Eaak, aod,, Cakndo. Due ID Lu:•1d Wlllk ad -1y •CIII •lihililie:I. I Wlrmm..-..-.dle.-•...., 11 y1Dllaa,........_~ ....._oldlleCc · Fim I rapactclaeply dPewmkoidPeC . . •• il ii_. ... d!II I •--.JOU. My IIDpe ii lllll ,au will lad a eity ...._..,,.... .w11o will be• 11111111 ..-ilwlar1DdsCGP......_ • t ' tjDUUZ .. • • 0 June 1 , 1998 City Council City of Englewood 3400 South Elati Street Englewood. Co. 80110-2300 ·. • . " • P.ECE1\'2D JUNO J 1998 ~~TJL~~iilRCSOOLOFF/CE · RADO Re: Resignation from Englewood Clean Green and Proud Commission Dear Mayor Bums and City Council Members: Please accept my resignation from the Englewood Clean Green and Proud Commiaion effective June 1 , 1998. cc: Tricia Langdon -Office of Neighborhood and Business Development •. .. • • 0 - • • 0 , . • COUNCIL COMMUNICATION DATE: AGENDA ITEM SUBJECT: June 15, 1998 . Colorado Department of Local /{)~ I Affain -Enterprise Zone Marlcetin2 Grant INITIA TFJ> BY: STAFF SOURCE: An Scibelli, Business Community Coordinalor S. Darren Hollingswonh, Business Analyst Neildlborbood and Business Develooment COUNCIL GOAL AND PREVIOUS COUNCIL ACTION; Economic Development: Initiate business retention, rcvitaliz.ation, and growth strategies . RECOMMENDP> ACTION; Staff recommends that City Council approve the attached Bill for Ordinance accepting $7,000 from the Colorado Department of Local Affain (OOLA). These funds will used for Enterprise Zone marketing and administration. BACKGROUND, ANALYSIS, AND ALTFJtNAUYD IDEN •VJEP; In 1990, the City applied to the Colorado Dcpanmcnt of Local Affairs, and was puled, Enterprise Zone swus for a majority of the industrially and commercially zoned property in Englewood . The South Broadway corridor and Cinderella City site receive Entaprilc Zone designation effective July l, 1998. The Department of Local Affain has a competitive 1rant prosram for Entaprilc Zone's which provides marketing and administrative support. This is the third year Nei&flborhood and Business Development has applied for and received this fundin&. The Enterprise Zone is used in En&lcwood as a vehicle for business retention . By encouraging businesses to take advantage of Enterprise Zone tu credits, an opportunity is c:realed for businesses to strengthen operations through reinvestment of these doUan back in their business. .... I' - • . I· • 0 , ]- • • • '· FINANCIAL IMPACT; The Colorado Department of Local Affain requires that the City provide matching funds to meet grant requirements. The Contract pledges $7,000 in local matching funds to cover this obligation. Thele funds are included in the Neighborhood and Business Development 1998 Budget. Grant funding will be used for Entaprise Zone marbting and administration. LIST Of A'n'ACHMENTS; Proposed Bill for Ordinance Marbtin& and Administration Proposal OOLA Contract . ' .. • • 0 t .,,, I ORDINANCE NO ._ SERIES OF 1998 • 0 • BY AUTHORITY A BILL FOR COUNCIL BILL NO . 31 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT PERTAINING TO THE ENTERPRISE ZONE MARKETING CONTRACT, BETWEEN THE COLORADO DEPARTMENT OF LOCAL AFFAIRS, ECONOMIC DEVELOPMENT COMMISSION ("E.D.C .") AND THE CITY OF ENGLEWOOD . WHEREAS, the City of Englewood applied to the Colorado Department of Local Affairs and was granted Enterprise Zone status for a majority of the industrially zoned property and some retail property in 1990; and WHEREAS, the Department of Local Affairs has a competitive grant-in-aid program for Enterprise Zone marketing and administrative support; and WHEREAS , the City has applied for and received this grant for three years; and WHEREAS , such Grant requires a 100% local match; and WHEREAS, the 1996 Enterprise Zone Grant totaled $7 ,000 which helped offset the cost of the Community Profiles; and WHEREAS, Council passed Ordinance No. 25. Series of 1997 which authorized the acceptance of the 1997 Enterprise Zone Grant which also totaled $7,000, of which $5 ,250 will go towards Business Retention; oriented "Englewood" promotional ads in the Denver Business Journal and other metro area publications ; with an addition $1 ,750 applied to administrative/clerical related expenses associated with the Enterprise Zone Administration; and WHEREAS, the 1998 Enterprise Zone Grant also totals $7,000, of which $5 ,250 will go towards marketing of the Arapahoe County Enterprise Zone via newsletters, maps a nd advertisements with an additional $1 ,7 50 applied toward admirustrative/clerical related expenses ; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $fct10n 1. The Intergovernmental Agreement between the Colorado Department of Local Affairs, Economic Development Commission and the City of Englewood , attached he reto as "Exhibit A," is hereby accepted and approved by the Englewood City Council . In trod u ce d . read in full , and paaaed on first reading on the 15th day of June, 1998. -1- •. /Oil I· • 0 ' I • ,- 0 • <. CONTRACT THIS Contract. made this _day of __ 19..i!L, by and between the State of Colorado for the use and benefit of the Deparvnent of Local Affairs, Economic Development Cammission ("E.D.c.;. 1313 Sherman Sb'eet. Denver, Colorado 80203, hereinafter referred to as the State, and City of Enqewgod, 3400 So. Elatj St. Englewood, CO 80110. hereinafter referred to as the Contractor. WHEREAS, 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 in Fund No . .la, Approp. Code .11§., Org. Unit .D8Q.. GBL Contract Encumb. o. EBEDC357 : and WHEREAS. required approval, dearance and coordination has been accomplished 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 to 24-46-101 to 105, C.R.S. 1987, the Colorado Economic Development Fund is created, and is to be administered by the Department of Local Affairs; and WHEREAS. applications for distributions from the Colorado Economic Development Fund have been received by the Economic Development Commission; and WHEREAS, the Economic Development Commission has reviewed and recommended to the Governor that the project described in this conlrad be financed with a grant; and WHEREAS. the Governor has authorized expenditure of money from the Economic Development Fund to finance the project described in this contract; and WHEREAS, the Contractor is an eligible recipient of Colorado Economic Development funds; NOW THEREFORE it is hereby ~reed that 1. Area Covered . The Contractor shall perform and accomplish an the necessary work and services provided under this Contract, as described in the attached Exhibit A, which is incorporated herein and made part of this Contract by reference, in connection with and respecting the following .-ea or areas: Arapahoe county 2 . Scope of Services . In consideration for the monies to be received from the State. the Contractor shall do. perform. and carry out. in I satisfactory and proper manner, as determined by the State, all work elements as indicated in the "Scope of Services", set forth in the Attached Exhibit A. hereinafter referred to as the "Project". Work performed prior to the execution of this Contract shall not be considered part of this Project. 3 . Rgponsible Admjnistrator . The performance of the services required hereunder shall be under the direct supervision of Art Scibetli • an employee or agent of Contractor, who is her9by designated as the administrator-in-charge of this Project. ~ any lime the admwltratlDr-in-charge is not auigned to this Project, all work shall be suspended until !tie Contrac:tar assigns a mutually acceptable replacement adminiltratcr-in-charge and the State receives notlflc:atian rJ such raplacement assignment Page 1 of 7 Pagu E " ... I E I T •. ... •· I • 0 • • "' - 0 I • • 4. Time of Performance. This Contract shall become effective upon proper execution of this Contract. The Project contemplated herein shall commence as soon as practicable after the execution of this Contract and shall be undertaken and performed in the sequence set forth in the "rune of Performance· in the attached Exhibit A. No Economic Development Commission Funds provided under this contract will be expended prior to the full execution of this contract. The Contractor agrees that lime is of the essence in the performance of its obligations under this Contract. and that completion of the Project shall occur no later than the termination date set forth in the "Time of Performance.• 5. Compensation and Method of Payment. The State agrees to pay to the Contractor, in consideration for the work and services to be performed, a total amount not to exceed SEVEN THOUSAND AND N0/100 DOLLARS /S7 000). The method and time of payment shall be made in accordance with the "Payment Schedule" set forth in Exhibit A. 6. Accounting. At all times from the effective date of this Contract until completion of this Project, the Contractor shall maintain property segregated books of State funds, matcl1ing funds, and other funds associated with this Project. AJI receipts and expenditures associated with said Project shall be documented in a detailed and spec.1ic manner, and shall accord with the "Budger set forth in E.xt:ib1t A. Contractor may adjust budgeted expenditure amounts up to ten percent (10%) within said Budget ·Nithout approval of the State. Adjustments of budget expenditure amounts in excess of ten percent (10%) rr:us: 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 Para<;raph 5 above. a. Unless otherwise ;:,rovided in this Contra<:!. if Exhibit A provides for more than one ;:,ayr.ient by the State, the initial payment set forth in the Payment Sc.'1edule shall be made as soon as practicable after proper execution of this Contract. The Contractor shall initiate all subsequent payment rec;uests by submitting documented proof of proper expend:tt.:re of State funds thus far received to a contract monitor designated by the State. b . The Contrac:or shall rec;uest the !i!!J! payment. which is the amount withheld by the State until the Projec: is complete , for the Projec: by submittini; to the c::ntract monitor a de:ailed cost accounting of all State funds received and expended towards completion of the ?rcj ec:. Upon determining to ,ts satisfaction that all funds received by the Contractor have :een propeffy spent towarc:s accomplisn ment of the Pro1ec:. the State shall promptly ma11e :'inal payment to the Contrac:or. c . With in ninety (90) days of completion of the Project. the Contractor shall submit :o the contra<:: monitor a detailed cost accounting of expenditures of the final payment received from the State. Ar.y State funds not expended in connedon with the Projec: s:-:all be remitted to the Stare at that time . 7. ~-The State or its authoriz9d representative shall have the ~ht to inspect. examine. and audit Contractor's records, books and accounts . induding the right to hrre an independent Certified Public Accountant of the State's choosing and at the Stata's expense to do so . Such discretionary audit ;riay be called for at any time and fer any reason from the effective date of thas Contract until live (5) years after the date final payment for this Project is received by the Contnldcr. provided that the audit 11 performed at a time convenient to the Contractor and during ~ business hours. Whether or not the State calls fer a disc:retionary audit as provided for in this pa-agaph, if the Project is accomplished within a single fiscal year of the Contractor, the Contractor shall, at the conclusion of the Project. and in addition to any other re;orts reqund, submit I report and auditot"s statement of the Project account to the Economic Oevelcpment Commission in the Department of Local Affan . Such report shall be prepa,9d in conjunction with Contrac:or's l'9QUI• year1y audit, and must be submitted within six (6) months after the dose of the then C'.lrrent Contractor's flsc:al year. . .... Page 2 of 7 P1gH • • • , 2 ] • • ,, - 0 t • • 8 . Personnel . The Contractor represents that he has, or will secure at his own expense, unless otherwise stated in Exhibit A, all personnel, as employees of the Contractor. necessary to perform the wcri( and services required to be performed by the Contractor under this Contract. Such personnel may not be employees of or have any contractual relationship with the State and no such personnel are eligible for any employee benefits, unemployment compensation or any oltler benefits accorded to state employees and Contractor agrees to indemnify the state for any costs for whic:tl the state may be found liable in these regards. Contractor shall pay when due all required employment taxes and income tax withholding. All of the services required hereunder will be performed by the Contractor or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services . 9 . Workmen's Compensation Coverage. The Contractor is responsible for providing Workmen's Compensation Coverage and Unemployment Compensation Coverage for all of its employees to the extent required by law, and for providing such coverage for themselves. and for providing such coverage or rec;uiring its subcontractors to provide such coverage for the subcontrac:or's employees. In no case is the State responsible for providing Workmen 's Compensation Coverage for any employees or subcontractors of Contractor pursuant to this Agreement. and Contractor agrees to indemnify the State for any costs for which the State may be found liable in this regard . 10. Termination of Contract for Convenience of Either Partv . E :ther the State or the Contractor may tenr.inate th is 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 giv ing written notice of termination to the other party and specify ing the effective date thereof. at leas: thirty (30) days prior thereto. In that event, all finished or unfinished documents and other materials shall, at :he option of the State, become its property. Contractor shall repay funds advancec and not ex;:ended in accordance with the terms of this contract. Contrac'.or shall not be relieved of any obligations to repay funds advanced as a loan, notwithstanding any termination of the contract for convenience . 11 . Termination of Contract for Cause: Repavment of Acyanced Funds a . If, through any cause, the Con~.or shall fail to fulfill in a timely and proper manner its obli gations under th is Contra<:' .. or if :t.e Contractor shall violate any of the covenants, ~reemen ts . or stipulations of this Contract. the State shall thereupon have the right to terminate this Contract for causa by giving written notice to the Contrac'.or of such termination and spec:fying the e!'fec:ive date thereof. at least five (5) days before the effective date cf suc.'1 termination . In :hat event. all fin ished or unfinished doc:.ments, data, studies, surveys . drawings, maps. models , ph~raphs. media contrac:s and reports or other mateii al prepared by the Contractor under this Contract shall. at the option of the State, become its property; and the Contractor shall be entitled to receive j ust and ec;u itable compensation for any satisfactory work completed on suc.'i documents and other materials . b . Notwithstanding the above, the Contractor shall not be relieved of liability to the State fer any 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 purpose of setoff until such time as the exact amount of damages due to the State from the Contrac:or is determined . c . If funds have been advanced to the Contractor, Contractor shall repay such funds to the extent the y are not expended 1n accordance with the terms of th is contract at the time of terminati on . 12 . ~-The State may, from time to time, require changes in the scope of services of the Contract tc be performed hereun der. 'However, this Contract is intended as the complete integration of all understandings t>etween the parties at this time, and no prior or contemporaneous addition. deletion, or other amendment hereto. induding any incruse or decrease in the amount of monies to be paid to the Contractor. lhall have -,y force or effect whatsoever unless embcdied in a written contract amendment incorporating such changes executed and approved pursuant to the State's Fiscal Rules . Notwithstanding this provision, changes in the time of performance may be agreed to by letter if so provided for in Exhibit A. and contractor . - Page 3 of 7 Pages • ....... • . • • 0 , • • 0 • may make adjustments of less than 10 percent in budget line items as provided far in sedlon 6 of this Contract. 13. B111m31.. At least two (2) copies of all reports prepared as a result of the Project will be submitted ID the Economic Development Commission in the Oeparlment of Local Atrairs within two (2) weeks of c:ompletlu,'I at such reports. 14. ConftJct of Interest. a. No employee of the Contrac+.or shall perform or provide part-lime services for compensation, monetary or otherwise, to a consultant or consultant ftrm that has been retained by the Contractor under the authority of this Conlract. b. The Contractor agrees that no person at any time exercising any function or responsibility, in connection with the elements of this project that are ffnanced with State funds. on behalf of the Contractor shall have or acquire any personal financial 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 performance pursuant to this Contract. c . A personal financial or economic interest includes. but is not limited to : d . i. any business entity in which the person has a direct or indirect monetary interest; ii. any real property in whic.'i the person has a direct or indirect monetary interest; iii. any source of income, loans, or gifts received by or promised to the person within twelve (12) months prior to the exec-.Jtion date of this Contract; iv. any business entity in which the person is a director, officer. general or limited panner, tnJstee, employee, or holds any position of management. For purposes of this subsection , indirect investment or interest means any investment or interest owned by the spouse, parent. brother. sister. son. daughter, father-in-law. molher-in-law, broth«-in-law, sister-in-law. son-in-law. or dau;t,ter-in-law at the person by an agent on hisnler behalf. by I general, limited. or silent partner at the person, by any business entity controlled by said person, or by a trust in which he/she has substantial interest. A business entity is controlled by I person if that person, his/h« agent, or I relative as defined above possesses more than fifty percent (50%) of the ownership interest Said person has I substantial economic interest in a trust when the person or an above-deffned relative has a preMl'lt or future interest worth more than One Thousand Dollars ($1,000 .00). In the event a conflict of interest, as described in this Paragraph 14, cannot be avoided without fnJstratlng the purposes of this Contract. the person involved in such I conflict of interest shall submit to the Contractor and the State a full disclosure statement setting forth the details of such conflict of interest. In cases of extreme and unacceptable conflicts of interest, as determined by the State. the State reserves the right to terminate the Contract far cause. as provided in Paragaph 11 lbove. Failure to Ille a disclosu,.. statement required by this Paragraph 14 shall constitute grounds for termination of this Contract far cause by the State . 15. Compfjanca wjp, Appllc;ablt Laws . At all times during the performance at this Contract, the Contractor shall strictly adhere ta all applicable '9deral and State laws that have bNn or may hereaftar be establlshed. Page 4 of 7 Pagel • •· • 0 - • "' -• • • • 16. Subcontracts. Copies of any and all subcontracts entered into by the Contractor to accomplish this Project will be submitted to the Department of Local Affairs upon execution. Arly and all contracts entered into by the Contractor shall comply with all applicable federal and Colorado state laws and shall be governed by the laws of the State of Colorado notwithstanding previsions therein to the contrary. 17. Severability. To the extent that this Contract may be executed and performance of the obligations d lhe parties may be accomplished within the intent of the Contract. the terms of this Contract are severable, and should any term or prevision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term. 18. Binding on Successors. Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns . 19. Assignment. Neither party, nor any subcontract.ors hereto, may asslgn its rights or duties under this Contract without the prior written consent of the other party . 20. Limitation to Particylar Funds . The parties hereto expressly recognize that the Contractor is to be paid, reimbursed. or otherwise compensated with funds ;,rovided to the State for the purpose of contracting for the services provided for herein, and therefore, the Contrac-.or expressly understands and agrees that all its rights. demands and daims to compensation arising under this Contract are contingent upon receipt of sue:, funds by the State. In the event that such funds or any part thereof are not received by the State. the State may immediately terminate this Contract. 21 . Minority Business Enterprise Participation . It is the poiicy of the State of Colorado that minority business enterprises shall have the maximum practicable opportunity to participate in the performance of its construction grant contracts. The Contractor agrees to use its best efforts to carry out this policy to the fullest extent practicable and consistent with the effic:ent performance of this Contract. As used in this Contrac:. the l8rm "minority business enterprise" means a business, at least 50 percent (50%) of whictl ii owned !:>y minority group members or, in the case of publidy owned businesses. at !east S 1 percent (51 % ) of the steel< dwhictl is owned by minority group members. For the purposes of this definition. minority group members .. Negoes or Black Americans, Spanish-speaking Ar1ieric:ans. Asian Americans. American lncians . Ar1ie!ican Eskimos and American Alects. The Contractor may rely on written representations by bidders. contrac:+.ors, and subcontractors ~arding their status as mincrity enterprises and need not conduct an independent investigation. 22 . Parties' Refatjonshic . Except with respect to its ftctuc:ary obligations to the State set forth in Exhibit A. the Contractor shall not be deemed an employee or agent of the State. No agent or employee of Contrac:or shall be or shall be deemed to be an tmployee or agent of the State, other than for purposes of compliance with the fiduciary obligations tc the State in Exhibit A. Contractor will be solely and entirely 1'9Sponsible for its acts and the acts of its agents. employees and subcontractors during the performance of this contract. Page 5 of 7 l'agu .. •· • 0 , • ,,_ • I• • SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This ccnnct st,al not be cie.nect valid un1I it Shall 1-Ila! approved by Ille CQn.-cllr of Ille Stall of Caorado o, suc:n aaiatanl as lie may delignate. Thia prowion is appilcallle ID any ccnnc:t im,otving Ille ~of~ by Ille Stata. FUND AVAILABILITY 2. ~ allligallons of Ille Slata of CaoradO payallle allar Ille CllllWlt llscal yw -aonllnglnt upon fulm for NI purpoN being .,.P.UjW-.:I, budget8d IIICI OINf'Mle made availaDle. IOND REQUIREMENT 3. If !llis contraa involva Ille payment of ,_. !!Ian fifty tncuund dollaq b' Ille cansllUdion, ...c:tlon, rapair. main-. or impravwnenr of any lluildlnQ. road. bnclge. viedlld. IUnMI. ucavatlan OI OCIW pulllic waflr !ar lhia Stata. Ille canlnldllr Sllall, befaw entlrinll upon Ille parfonnanca of any SUc:.'1 ~ induded in Ilia connci. l2Uly -and ._ ID Ille Slata olllclal -,a wil sign Ille connct. a good and IUfllcienl band or olW acir:ep1a111e surery Ill be app,oved by said olllcial in a l*lal sum not las 1llan ~ of Ille !DQI -.nt payable by Ille iarms or !Ilia contract Suell band Sl,all a duly enculld by a quallftad ca,porata ~. oandlllanad upon me fallllful perbmance of Ille c:onnd and in addlllon. Sllall p,a,,ide lllat if Ille conlrac!or o, his IUllconll'adln fall la duly pay re,, any lallclr. matanals. -hirw . --· provisicns, p,avendor o, Olllw supplies used o, consumed by sudl conlrac::cr o, his suoconncic, in pefflllmance of Ille waflr contraclad la be cone o, lails ID pay any person wllO SUQl)lies rantal macllinefy. rma. o, equipment in :ne prasecuaon of Irle wa1c Ille surety ·Mil pay Ille same in an amcunr not uceedlng Irle sum specifted in !he band. tagelller will! intarat al :ne rata of e,gnr ?W cent pw annum . Unteu sudl bond is execulad. deliveted and filed. no claim in ~-of :ne contrac:Dr arising under sudl c:antrac:t lllall be audilad . allowed o, paid. A c:arti1lad o, cashier's Ched< or a bank money orcer payable ID :ne Treasurer of Irle Stare or Colorado may be ac:ceplld in lieu of a cone . This provision is in ccmpjlance will! CRS 38-28-1 oe . INDE~NIFICATION 4. To Irle extent aulllonzed by 1-. the conirac::cr shall indemnify. save and ~old hatmleu lhe State. its employees and agents. against any and all c:a,ms . damages. liability and ceutt awards induding CQSts , expenses . and attcmey ~ inCWTed as a result al any act or omiSSion by :ne ccnirac::cr. or ,ts employees , agents. subccnirac:crs. or assignees pursuant la :ne tenns of :t,,s c=nirac-~ DISCRIMINATION AND AFFIRMATIVE ACTION S. The can1rac:c, agr.a 1a comply will! !he le!lar and spirit of :ne Colorado Anlidiscriminatlan Act of 19S7, as amendad. and olller applicable law mpecrlng disaimlnallon and unfair emplOylNnt praalce (<:RS 24-3'-'02). and as l'9Qund by Exeai11ve Craw. EQUal Oppol'IUnily and Afflnnllllve Aden, datad April 1e. 1975. P.~ ltlelaftl. llte /bllo'""'IJ p,ovisions sh.ii Ile CO/lwned in Ill S:.. c:cnt,acts or sub<antnetS. During :ne pe,farmance of !Ilia connc:t. Ille ccnncar agrw. aa fcaows : (a) The c:cn1rac::Drwill notdlscrimlnata against any ffll~IOyee craci:Ucant~r~tt:ecause of race. crwed. color. natlanal origin. ax. l1Wltal staa.s . rwli!;,cn . ancestry , mental or ;illySICal llanclcap, or age. The ~ ·Ml 11M afflrTr.ali"8 adcn III irllln Illa! IJ)plicantl -~-and !NI employees n treated aunng emoloyment. 'Mtrlout rega,c !ll :ne above mentioned ct,arac:arilUcs. Suell adlOn Sllall indude. but not tie llmilld 10 me blowing: ~Yment. ~ demcllen. OI ,.,....., rwc::uilrTwlt rx l'IClllilrTwll --.ngs; ~ OI :aminaiana; -of pay er°'*' bml of CIQlffll8Malicn : ana Miec:crl fllr :rann;. indudln; IOlll•lliclllllcl. The conn=r agrw III gast in OQIIIPialaua ~-av.-ta .,..,_. and acplicar,a 11:ir~l ncicN = oe :,rov,ced by Ille contraellng ofllcer .mng b'trl __. of :n.. non~llon daule. {b ) The c=nnc:cr wil . ,n all solic:talions or ~II~ emJ)loyNS placed by or on behalf of ltle conrrac:cr. 11a1a 111a1 al QUalitlld applicants will -consaderation for ~ynwnt w,lhcut re;ard ID race . CINC. ccler. nallcnal origin. sex, ITW!tll stalUI. rati;lon. anceay, mental or ;,llySlcal llandicap, OI age . (c) The c:antrac:ar WIii send ID uc:, laCor union o, ....-11ve of wo,1cer, ·Mltl wllidl he haa a co1ec1r,,e ~ ~I o, oaw contrac: or unders1anein;. notice ID tie provided by Ille conll'ICing ofllcer. acMling t11e labor uniOn or wortcers' ~rallve of Ille oe111•&!1:W'1 oe11111A1•1t under lie Execuli"8 Order. EQUal Opc,anun,ry and Alllrmallve Adbl. dalld Apnl 111. 1975. and ot Ille l\lla, rwgutallonl . and relevant Olaerl of .. c.o-nor. (d) The connc:cr and lallor unions wil furnish all inbmatlan and rec,ons rlQUired by ex-tve Ormr. Equal eooa,,unilv and~ Adlcln of Aonl 16, 1975, and by :ne ,,_., 19fJUlalions and Orders of :ne Govemor. o, punuant ll'lerelD. and wil pem,,e _.., hla bodca, ..am. and accounll by Ille conll'ac::ing agency and :ne office of :ne Governor o, his dffignff far ;iu,;-al invallgallon ID -~ce will IUCh rulel , ~Uons and orders . (e) A labor organ in lien will not udude any incliviclual ollletwiH QUalilled lrom 11111 nwro.w 11,ip rignll in suc:11 laCor organizatlan. or expel any su~ individual from memberslltp in such laCor or;amzatlon o, dlsamnata against any of ill~ in .. 11,1 ~ of waflr oppa,v,ily. becalae of race . C"Nd, a:tor. sex. national ~n. or ancatry. (f) Alaboro,;anizarion , OI lhe employMs °'"*"*' illel9olwil notaid.11:et. ndll. can.,. o,ClllalC9 lledmlg atanyacldMNII in lllil cannctlll be dis· cnmaro,y o, obalruct o, prwvenr any person from ~ • Ille ;:wa,,ilicna of .... conner o, any OIG8I' ...i IWNundlr. or~.._ dnc:tly o, indndly, !II c:anmot any act detlned in :nis connct Ill tie dllc:r'.mio ialCi,. Form 6-AC-028 Revised 1/93 :1ff.Sl.OM022 P~e _J_ of .J_ Pages .. • • • 0 ' • • ... • • /gJ 1n lie-' al lie w,Hclllr's -,.-a will lie non dlmiHi1811Un-.. al tNa cannct orwilll-, aid! IUla. ,......._ or anlalw. !Ills c:annctfflaW'llacancMII. ......-.or._....in,....orin1111t8111lleGllllftelllrmaylla ..... 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The ligrlalllflal -tllat 1111 lllalr ilnCMledge . no ... ..,_ Ila an,....-or llenlllclal ~ wt 1 1 ·• ill lie--. or ;ircpar.o, .....,IWwln: .. WITNISS WHPEOF. lie_...,..,... have_. llil c:o.acton ... ._ a11011e ........ C--=or: CI!":" OF F.liGLEWOOD ......... ______ _ "--------------------............ ,........... .. ITATI 0, COi o,IIM)C) aov aoMEa. oovsa."'fOll "--------------Far 1111 IIE:ITIIII ~ 1eny Smith DIPAlffl&'ofT °'------'1orzl111i11.rN1n11111.-1L. ______ _ l#flf/llJYM.J ITATI CONl"IIC&.LIR cantW.HIII .. ...... -------~-------------·-Mllcalf ,..NC41C --1117 ........ ,._L .......... ,,_i_ ..... .. • • 0 I • -• • (. ] • .. EXHIBIT A SCOPE OF SERVJces A.ND PAYMENT SCHEDULE • • 0 • 1 32xl • "' - .. • . ' • EOC#357 ExHIBITA Colorado Economic Development CommisSion SCOPE OF SERVICES 1. Pmltct Qncaiptjon and Rfqulr,mtrn1 The Project cansists of providing the Contractor with matching funds for the promotion al economic de,, llcpment in the Arapahoe County Enterprise Zone .... These funds shall be used far the pwposes of promotional activities that will market and advertise the advantages of locallng I business in the contractor's ant.prise zone .... create I positive identity for the enterprise zone area. encourage retention and expansion of existing businesses. promote redevelopment. expand the region's tourism industry. attract new businesses, and generally enhance the economic growth of lt1e enterprise zone .... Such activities shall indude the preparation, production, and/or distribution of market research. printed materials, direct mail campaigns , print media advertising, trade show promotions , special events. direct business prospect visitation, and other closely related actiVitles. No more tt,an 25 percent of these funds may be used to pay for contractor's administrative or staff cos:s. Contractor may alloc:ate funds to one or more subcontrac'.ors involved in promotion and economic development advitles in lt1e enterprise zone . Contractor shall be responsible for ensuring and documenting the expenditure of the required local matching funds by Contractor or ::Jy its subcontrac'.ors . The contribution from lt1e Economic Oevelopment Fund under this Contract shall not exceed the amount of local matching funds expended on lt1is project or SeyEN THOUSAND dollars IS7 0001. whichever is less . All project costs in excess of this amount wll be the responsibility of tt,e Contrac:ar . Contractor shall match E.O .C. funds used on this project with at lust a dollar-for-dollar cash match from local sources . Local expenditures on enterprise zone marketing projects incurred prior to the effective date of lt1is project but subsequent to July 1, 1997, may be counted toward the matching funds requirement. provided that such expenditures have not been used to meet olt1er state COt"ltradual matching fund requirements. 2. DDJt of etd9rn!•oct The Project shall commence upon execution of this Contract. The Contract will expire on June 30 , 1999, except lt1at the Contract may be extended a maximum of 12 months subject to lt1e mutual agreement of the State and the Contractcr. A requnt for extension by the Connc:ar shall be submitted to tt,e State at least 30 days prior to the expiration of the Contract with I full justiftcatlon for the extension request. EDC I 3157 • Exhibit A Page 1 of 2 Pa;n . ' • .. • • • 0 l J I ]- • • • .... 3. MSlll BEYENYE EXPENQffiJRES E.D .C. Funds $7,000 Mlrtcat ReNsch, Publlc11lla11a, Adwillling, $12.250 Special Events. and Direct Marklllklg rar..,. Arapahoe County EntarpriN Zane Pragram Local Funds 7,000 Zane Admnatrallon 1,750 TOTAL: $14,000 TOTAL: $14,000 4. Paymtot SdJtdult I. $8,000 Initial payment ID be paid upon raquest t,y the cantractar follawing the execution of this cantract. II . 1,000 F"tnal payment ID be made upon sallaflldal y completion of the Project The Contractcr will submit a llnal llnanc:ial and narrative raport doc:umel'lts,g the expenditure ot aa e.o .c. funds rarwttich payment hlla t,een raques18d anc1 of matching local funds . $7,000 TOTAL Requests rar payment will be inillatlld i,y the Contractor in accordm with 1t1e prav1a1ons of P.-.graph 6 of the main body of lhil cantract. 5. llonltgdnq The Department of Lacal Affairs wll monitor this Praject an an a-needed basis. 6. Raportjnq lsbtdMlt The Contractar will submit an interim ftnanc:ial and nmallve rwport property damMnting al expendltura of e.o.c. funds at the t1me interim payments ... r9q1....s. The Contrac1Dr w11 IUbrnit • llnal ftnanc:ial status report propel1y documenting al upendlturN of E.D.C . funds at the time the llnlll payment is requeatad. in ac:caida11ce with the payment schedule. EDC I 357 • EJChibit A Page2of21'ages ' ' • .. • • • 0 ,.,~ I ]- Background : • 0 • ARAPAHOE COUNTY ENTERPRISE ZONE MARKETING AND ADMINISTRATION PROPOSAL • The Arapahoe County Enterprise Zone includes portions of the industrial and commercial properties within three communities: Englewood, Sheridan, and Littleton. The Englewood and Sheridan area of the zone was established in 1992, with Littleton added in 1992. Marketing Activjties: 1997-1998 A comprehensive marketing strategy bas been developed for the Arapahoe County Enterprise Zone . The objective of the strategy is to utilize a diverse range of publications and electronic media. Enterprise zone marketing funds from the 1997-1998 grant were used for the preparation of the marketing pieces promoting the Arapahoe County Enterprise Zone . The marketing pieces included: • City of Englewood business assistance brochure. • City of Englewood, Business Development Newsleaer (including Enterprise Zone expansion information) • Denver Busini;ss Journal articles referencing Emerprise Zone. Marketing Efforts: 1998-1999 The implementation of the marketing strategy will continue in 1998 and 1999 . Information vehicles to be employed include: • Arapahoe County Enterprise Zone descriptive map • Englewood Business Development newsletter • Englewood Herald, local business fearure • Englewood business assistance brochure • South Metro Business Ledger • Internet • Regular distribution of Arapahoe Councy Emerprise Zone information packet . •. • • • t• . • ' (. A4JDipjmatjop fnpdjng Bcgycst: A1.1 iDlem and a clerical staff person widl tbe Englewood Office of Neigbborbood and Business Development will be assigned to dJe task of disaibuliDa emaprise zone certification forms, pledge agreemeus, and literalure during 1998 ml 1999. Mainamloce of a dara base for emaprise zone inquiries, c:ertificatiom and comributioos repot1iDg will be part of tbe staffing persons responsibility. Marketing Funding Request: • 75% of$7,000: $5,250 Enterprise Zone marketing malerials • 25% of$7,000: $1,750 Administration staff support for responding to enterprise zone inquiries and maimeoaoce of dara for meeting state reporting requirements and submitting required state reports in a timely manner. "' - Tow Arapahoe County Enterprise Zone 1998-1999 Marketing/Administration Request:$7,000 ----- ' • ' .. • • 0 r --• • Date June 15, 1998 INITIATED BY • 0 - COUNCIL COMMUNICATION Agenda Item /D tJ-II STAFF SOURCE Subject Intergovernmental Agreement with COOT for Design of Broadway 111/idening and Medians Department of Public Works Charles Esterly, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council's goal is to utilize intergovernmental cooperation on projects which benefit all parties . Council approved Resolution No. 3, Series 1996, authorizing the City to apply for Federal funds under the lntermodal Surface Transportation Efficiency Act (ISTEA) on January 2, 1996. RECOMMENDED ACTION Staff recommends council approval of a Bill for an Ordinance to enter into an agreement with the Colorado Department of Transportation. The agreement covers financial commitments related to the design of "South Broadway Widening and lledlana". BACKGOUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 1996, the City of Englewood's application for this project scored high based on the criteria used by the Denver Regional Council of Governments (DRCOG). DRCOG approached the City with a choice of funding this project or the previously approved US 285/Broadway Interchange. Based on City goals and priorities at that time, the City selected the US 285/Broadway Interchange as the selected project. In 1997, the City initiated the South Broadway Corridor Action Plan . Staff suggested to Council that DRCOG and COOT might be willing to exchange projects at our request. Additionally , COOT proposed abandoning South Broadway as a state highway from US 285 to our south City Limits . Council agreed that staff should approach DROG and COOT to negotiate for the abandonment and exchange of projects. DRCOG agreed to exchange projects. COOT agreed to add improvements to the Broadway Bridge and contribute half of our local match (not to exceed $370,000). Improvements to the bridge increased the estimated project cost from $3,257 ,000 to $3 ,760,000. The proposed intergovernmental agreement addresses costs associated with design only . Construction is scheduled for the year 2000. An intergovernmental agreement regarding funding for construction will be brought to council in 1999, as ISTEA funding becomes available . COOT is preparing an agreement for the abandonment of South Broadway, which will be brought to Council this year. The abandonment agreement will include Coors commitment of one-half the local match for the Broadway Vllidening project and $130,000 for 3 years of maintenance on South Broadway , standard with discontinuing a roadway as a State Highway . •. .. •· • 0 f .] - • • ;- • I• • .. FINANCIAL IMPACT Federal participation towards design of this project will be $376,000. The total estimated cost of the design project totals $481,000. Englewood's share is $105,000. $39,000 was budgeted in the 1998 Public Improvement Fund to begin design of the US 285/Broadway Interchange . A supplemental appropriation of $66,000 will be ,-quired to fund this design phase of this project. LIST OF ATTACHMENTS Bill for an Ordinance Intergovernmental agreement • ' • • 0 , I - ORDINANCE NO. SERIES OF 1998 • 0 • '· BY AUTHORITY , . COUNCIL BILL NO . 32 INTRODUCED BY COUNCIL MEMBER~~~~~~~ ~-B-;;:===L==F==~=--- AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL CONTRACT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND THE CITY OF ENGLEWOOD, COLORADO WHICH PERTAINS TO THE DESIGN OF THE PROJECT TO WIDEN AND CREATE MEDIANS ON BROADWAY BETWEEN U .S. 285 AND YALE AVENUE IN THE CITY OF ENGLEWOOD. WHEREAS , the City Council of the City of Englewood passed Resolution No. 3, Series of 1996, which authorized the City to apply for Federal funds under the Intermodal Surface Transportation Efficiency Act (!STEA); and WHEREAS , in 1996 the City of Englewood's application for this project scored high based on the criteria used by the Denver Regional Council of Governments (DRCOG); and WHEREAS , DRCOG approached the City with a choice of funding this project or the previously approved US 285/Broadway Interchange and the City selected the US 285/Broadway Interchange project; and WHEREAS , in 1997 the City initiated the South Broadway Corridor Action Plan; and WHEREAS , City staff suggested to Council that DRCOG and COOT might be willing to exchange projects at our request; and WHEREAS, COOT prop08ed abandoning South Broadway as a state highway from US 285 to our south City limits; and WHEREAS , Council agreed that staff should approach DRCOG and COOT to negotiate for the abandonment and exchange of projects ; and WHEREAS DRCOG agreed to exchange projects and COOT agreed to add improvements to the Broadway Bridge and contribute half of our local match (not to e xceed $370,000); and WHEREAS , improvements to the bridge increased the estimated project cost from $3 ,257,000 to $3 ,760,000; and WHEREAS , by the passage of this Ordinance the proposed intergovernmental contract addresses costs associated with design only because construction is scheduled for the year 2000; and WHEREAS, an intergovernmental contract regardinr fundin( for construction will be brought to Council in 1999 a& !STEA fundinr becomes available; and -1- .,, - I· • f I ]- • • • <. WHEREAS, the Federal participation towards design of this Project will be $376,000 with the total estimated cost of the design project totaling $481 ,000; Englewood's share ia $105,000; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : $es;tiop l . The City Council of the City of Englewood , Colorado hereby authorizes the City to enter into an intergovernmental contract with COOT pertaining to the design of "South Broadway Widening and Medians" between U .S . 285 and Yale Avenue, a copy is attached hereto as Exhibit A. $es;tjop 2. The Mayor and the City Clerk are hereby authorized to sign and attest said intergovernmental Contract on behalf of the City of Englewood. Introduced, read in full , and pasaed on first reading on the 15th day of June , 1998. Published as a Bill for an Ordinance on the 19th day of June, 1998. Thomae J . Burns, Mayor ATTEST : Loucrishia A. Ellie, City Clerk I , Loucriahia A. Ellie. City Clerk of the City of Eqlewood, Colorado, hereby certify that the above and foregoing ia a true copy of a Bill for an Ordinance, introduced, read in full , and pasaed on first reading on the llith day of June , 1998. Loucriabia A. Ellia -2- ,,,, - '' .. • • 0 -• 0 • STU 2854-071 (11999) WIDENING BROADWAY : US 28S TO YALE AVENUE City of Ens)cwood/R-6 (KEK) I• CONTRACT ,. - Rev J/98 98 HA601077 THIS CONTRACT, made this __ day of , 19_ 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, STATE of COLORADO, 3400 South Elati Street, Englewood, CO 80110, FEIN: 846000583 , hereinafter referred to as the Local Agency, or the contractor. FACTUAL RECITALS I . Authority exists in the law and funds have been budgeted, appropriated and othern,ise made available and a sufficient unencumbered balance thereof remains available for payment of project and Local Agency costs in Fund Number 400, Appropriation Code O l 0, Organiz.ation Number 9991 . Program 2000 , Function 3020 , Object 2312 IP, Phase D, Reponing Category 6120, Contract Encumbrance Number 11999, (Contract Encumbrance Amount: $470,000 .00). 2. Required approval , clearance and coordination has been accomplished from and with appropriate agencies . 3. Pursuant to Title I, Part A, Section 1007 of the lntennodal Surface Transportation Efficienc y Act of 199 l and to applicable provisions of Title 23 of the United States Code and implementing regulations at Title 2 3 of the Code ofFederal Regulations, as may be amended, (collectivel y referred to hereinafter as "the federal prov isions "), certain Federal funds have been and will in the future be , allocated for highway projects requested by Local Agencies and eligible under the Surface Transponation Program that has been proposed by the State and approved by the Federal Highway Administration (FHWA), hereinafter referred to as the program. -1 - • X H I • I T A ... • ' • • 0 I • 0 I• • 4. 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 State. 4.5 The Local Agency has requested that a ccnain local highway project be funded as part of the program, and by the date of execution of this contract the Local Agency (and/or the State) has completed 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 Agency , in its internal review process . The Local Agency desires to agree to perform the project work as described in the Form #463, as it may be revised in that process. 5. Federal-aid funds have been made avwlable for design project STU 2854-071 for widening Broadway at US 285 to Yale Avenue, including new signalization of the 285/Broadway Ramps, modifications to two ramps and associated improvements, and reconstructing Broadway to accommodate raised medians from US 285 to Yale, as more specifically described in Exhibit A (the Form #463 and/or a "Scope of Work''), in Englewood, Colorado, hereinafter referred to as "the project" or "the work". 6 . The matching ratio for this federal-aid project is 80% federal-aid funds to 10% Local Agency funds, it being understood that such ratio applies only to such costs as arc eligible for federal participation. it being funher understood that all non-participating costs shall be borne by the Local Agency at 100%. 7. 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 thru this contract, in order to obtain federal funds for the project. 8 . 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. -2- ..... ,, _ •. 0 •· • 0 I -• ,,, - • t• . • ' 9 . This contract is executed under the authority of Sections 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. 10. The panics hereto desire to agree upon the division of responsibilities with regard to the project. 11 . The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete some or all of the Work. 12. The State certifies that such work can be more advantageously 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 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 (~. 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 .) lbe form contract accommodates both types of projects by using qualifying language to condition the application of particular contract requirements. based on whether specific work elements are included in the project. For instance, where the contract provides ... "If the Work includes engineering/design services, the Local Agency shall perform 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. (Conversely. notwithstanding that language is in the conttact, the Local Agency can ignore those "requirements" if engineering/design services are NQI 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 Agency time and expense . II. PROJECT DESCRIPTION -3 - .. •· • 0 , • ,- • ,~ • '· "The project" or "the Work" under this contract shall consist of design project STU 2854-071 for widening Broadway at US 285 to Yale Avenue, including new signalization of the 285/Broadway Ramps, modifications to two ramps and associated improvements, and reconstructing Broadway to accommodate raised medians from US 285 to Yale, hereinafter referred to as "the project" or "the Work" 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 panics in the design review process before the project work is actually started. III. INCORPORATION BY REFERENCE AH 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 incorporated herein by this reference as terms and conditions of this contract as though fully set forth. IV. WORK RESPONSIBILITY The Local Agency shall be responsible to perform all design 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 responsibilities addressed in the Pre- Construction and Construction Administration Check.lists attached hereto and made a pan hereof. The responsible pany 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 A . The local Agency has estimated the total cost the Work to be $481,000.00 which is to be funded as follows : a. b. Federal panicipating funds : (80% ofS470,000.00) local Agency participating share : -4 - $376,000 .00 .. • , J - • c . • 0 - (20% ofS470,000.00) Local Agency non-participating share : Total Funds: "' - t • $94,000 .00 SI 1,000.00 $481,000 .00 8 . The matching ratio for the federal participating funds for this project is 80% federal-aid funds to 20% Local Agency funds , it being understood that such ratio applies only to the $470,000.00 that is eligible for federal participation, it being further understood that all non-participating costs are borne by the Local Agency at 100%. If the total actual cost of performance of the Work exceeds $481 ,000.00, and additional federal funds are made available for the project, the Local Agency shall pay 20% of all such costs eligible for federal participation and 100% of all nonparticipating costs; if additional federal funds are not made available, the local agency shall pay all such excess costs . If the total actual cost of performance of the Work is less than $470,000.00, then the amounts of Local Agency and federal-aid funds will be decreased in accordance with the funding ratio described herein. The performance of the Work shall be at no cost to the State. C . The maximum amount payable to the Local Agency under this contract shall be $336,000 .00, unless such amount is increased by an appropriate written modification to this contract executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the Work stared hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this contract, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D . The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from federal and/or state and/or Local Agenc y sources, as applicable . Should these sources , either federal or Local Agency, fail to provide necessary funds as agreed upon herein. the contract may be terminated by either party , provided that any party -5 - • - .. •· • 0 I 2 ]- • 0 t• . • . (, terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. VI. PROJECT PAYMENT PROVISIONS A. The State will reimburse the Local Agency for the federal-aid share of the project charges following the State's review and approval of such charges, subject to the terms and conditions of this contract. Provided, however, that charges incurred by the Local Agency prior to the date ofFHW A authorization for the project and prior to the date this contract is executed by the State Controller or his designee will not be charged by the Local Agency to the project, and will not be reimbursed by the State, absent specific FHW A and/or State Controller approval thereof. B. Upon execution of this contract the State is authorized, in its discretion, to perform any necessary administrative support services pursuant to this contract. These services may be performed prior to and in preparation for any conditions or requirements of this contract, including prior FHW A approval of project work. The Local Agency understands and agrees that the State may perform such services, and that payment for such services shall be at no cost to the State but shall be as provided in Section V .A. At the request of the Local Agency, the State shall also provide other assistance pursuant to this contract as may be agreed in writing. In the event that federal-aid project funds remain available for payment, the Local Agency understands and agrees the costs of any such services and assistance shall be paid to the State from project funds at the applicable rare . However. in the event that such funding is not made available or is withdrawn for this contract, or if the Local Agency terminates this contract prior to project approval or completion for any reason, then all acrual incurred costs of such services and assistance provided by the State shall be the sole expense of the Local Agency . C. If the Local Agency is to be billed for COOT incurred direct costs, the billing procedure shall be as follows : 1. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 45 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 45 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that at the request of the State. -6- ,,,_ • . ' .. •· • 0 , • • .. the State Treasurer may withhold an equal amount from future apportionments due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400). 2. If the Local Agency fails to make timely payment to the State as required by this section (within 45 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. D . The Local Agency will prepare and submit to the State monthly charges for costs incurred relative to the project. The Local Agency will prepare project charges in accordance with the State's standard policies, procedures, and standardized billing format attached hereto and made a part hereof. 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)-757-9251. 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 communication relating to the day-to-day activities for the work shall be exchanged between reprcsenWives of the State's Transportation Region6and the Local Agency . Until changed by notice in writing, all such notices and correspondence shall be addressed as follows : lfto State : Ifto the Local Agency: Mr . Gary Huber Mr. David Henderson COOT Region 6 2000 South Holly Street Denver, CO 802 22 (303) 757-9866 -7- City of Englewood 3400 South Elati Street Englewood , CO 80 l l 0 (303) 762-2506 --~ ...... _\ . ' ... ,,; •· • 0 l I • • • - <. B. The State will reimburse the Local Agency for the federal-aid share of the project charges, as provided in Section Vl(A). 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 arc necessary to assure compliance with State and FHW A requirements . 0 . The State will perform a final project inspection prior to project acceptance as a Quality Control activity. When all project work has been satisfactorily completed, the State will sign the FHWA form 1212. VIII. LOCAL AGENCY COMMITMENTS A . DESIGN If "the Work" includes the performance/provision of preliminary engineering/design. and/or final design (a.k.a. "construction plans"), and/or design work sheets, and/or special provisions and estimates, collectively referred to as "the Plans ", the party responsible for design (as described in Section IV .) shall comply with the following requirements: I . Shall perform or provide the Plans, to the extent required by the nature of the Work. 2. Final design ("construction plans") shall be prepared in accordance with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual. 3 . Special provisions and estimates shall be prepared in accordance with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction. 4 . The Plans shall include details of any required detours, in order to prevent any interference of the construction work and to protect the traveling public . S. All the Plans produced shall be stamped by a Colorado Registered Professional Engineer. 6 . The State shall be afforded ample opportunity to review the Plans. Any changes in the Plans as d irected by the State shall be made and the Plans shall be considered final when approved and accepted by the panics hereto . -8 - • .. ., I· • 0 '. -. t' :: r , -• .. . ' • • <. Following award of the construction contract(s) for the project, no funher changes shall be made in the Plans except by agreement in writing between the parties. 7. The Plans, when final, shall be deemed incorporated herein. 8. Will provide final assembly of the Plans and contract documents. 9. Will be responsible for the Plans being accurate and complete. 10 . May enter into a contract with a consultant to do all or any portion of the Plans and/or of construction administration. Provided, however that if federal-aid funds arc to participate in the cost of such work to be done by a consultant, shall ensure that its procurement of that consultant contract (and the performance/provision of the Plans under that contract) complies with all applicable requirements of Title 23, Code of Federal Regulations (CFR), Part 172, (concerning the Administration of Engineering and Design Related Service Contracts). and with any procedures implementing those requirements as provided by the State. Those requirements and procedures include, without limitation : a) the Local Agency/Contractor shall submit any design consultant subcontract to COOT for approval prior to its execution by the Local Agency/Contractor, as required by section 172.5 ( d); b) all changes in the 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) 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 and made a pan hereof; d) the Local Agency/Contractor shall also use the COOT procedures as described in Attachment # I to administer that design consultant subcontract, to comply with sections 172 .S(b) and (d); e ) to expedite any COOT approval, the Local Agency/Contractor's attorney , or other authorized representative , may also submit a letter to COOT certifying Local Agency/Contractor compliance with those COOT Attachment #I procedures and with the requirements of sections 172.S(b ) and (d ). -9- • . ... • •· • 0 ]- • "' - • l • • ' .. 11 . If the Local Agency bas contracted with a consultant for the design of a major structure, the Local Agency/consultant contract shall contain the following language verbatim: a) "The design work under this contract shall be compatible with the requirements of a separate contract between the Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project. The State is an intended third party beneficiary of this contract for that purpose." b) "Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project." c) "The consultant shall review the construction contractor's shop drawings for conformance with the contract documents and compliance with the provisions of the State's publication, "Standard Specifications for Road and Bridge Construction", in connection with this work." B. CONSTRUCTION. If "the Work" includes construction, the party responsible for construction and construction administration (as described in Section IV .) shall comply with the following : I . Administration of the construction of the project shall be in accord with the project's Pre- construction and Contraet Administration Checklists. as amended. Such administration shall include project inspection and testing; approving sources of materials; performing required plant and shop inspections ; documentation of contract payments. testing, and inspection activities; preparing and approving pay estimates; preparing , approving, and securing the funding for contract modification orders (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 as more fully described in the project's Pre-construction and Contract Administration Checklists . 2. Shall appoint a qualified professional eng ineer, licensed in the State of Colorado, as the local Agenc y Project Engineer (LAPE), to perform that administration. The LAPE shall administer the project in accordance with this agreement, the requirements of the construction contract. and appl icable State procedures . The LAPE may be an employee of the Local Agency or may be a consultant . If the LAPE is an employee of the Local Agency, the LAPE shall be in responsible -1 0 - . ' • .. •· • 0 ' - J - • • • • <. charge of the construction of the project (as provided in Section 12-25-102 C.R.S. as amended), notwithstanding any exception described in Section 12-25-103, C.R.S ., as amended. 3. If bids are to be let for the construction of the project, will (in conjunction with the State) advertise the call for bids and (upon concurrence by the State) will 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, shall comply with applicable requirements of 23 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 as terms and conditions thereof, as required by 23 CFR 633 .102(e). b) The Local Agency bas 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 conference or within 3 working days after said bids are publicly opened, whichever occurs later.) c) By indicating its acceptance in such award at the award conference, the Local Agency acting by or through its duly authorimi representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the Work under this project ifno additional federal-aid funds will be made available for the project.) 4 . In the event that all or pan of the construction work is to be accomplished by Local Agency personnel (i&., by "force account"), ralber than by a contractor pursuant to a contract with the Local Agency, the Local Agency will insure that all such force account work is accomplished in accordance with the pertinent Scare specifications and requirements and with 23 C.F .R. Part 635 , Subpart 8 , "Force Account Consuuction". a) Such work will nonnally be based upon estimated quantities and firm unit prices agreed to between the Local Agency and the State in advance of the Work, as provided for in Section 635 .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 Agency may agree to panicipate in the Work based on actual costs of labor, equipment rental , materials supplies and supervision necessary to complete -11- .. • 0 1 32 x l • • • • 0 , . • the Work. Where actual costs 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 Section 109 .04 of the State's "Standard Specifications for Road and Bridge Construction". d) All force account work shall have prior approval of the FHW A and shall not be initiated until the State has issued a written notice to proceed. C. ROW ACQUISITION/RELOCATION If acquisition and relocation assistance is required for the project, the Local Agency will be responsible to perform the acquisition and relocation assistance, as required by Sections 24-56-10 l , et seq., C.R.S. Prior to this project being advenised for bids, the Local Agency will cenify in writing to the State that all right of way has been acquired in accordance with the applicable State and federal regulations, or that no additional right of way is required. D. UTILITIES. The Local Agency will be responsible for obtaining the proper clearance or approval from any utility company which may become involved in this project, by separate agreement between the Local Agency and the utility, if necessary . Prior to this project being advenised for bids, the Local Agency will cenify 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 accomplished by railroad company 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 ofFederal Regulations 646, Subpart 8 , concerning federal-aid projects involving railroad facilities. including : l . Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for federal participation . 2. Obtaining the railroad's detailed estimate of the cost of the Work . 3 . Establishing future maintenance responsibilities for the proposed installation. -12- • '[f,~ . ,a •. .. ... •· • 0 , • 0 . ' • .. 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. F. ENVIRONMENTAL. In its performance of the Worlc, the Local Agency shall comply with the applicable provisions of the State"s approved Action Plan concerning federal environmental requirements, including all federal directives contained therein by reference. Copies of the applicable provisions may be requested from the Office of Environmental Services, Colorado Department of Transportation, 4201 E . Arkansas Avenue, Rm . 284, Denver Co 80222. G . RECORD KEEPING The Local Agency shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and to make such materials available for inspection at all reasonable times during the contract period and for 3 years from the date of final payment to the Local Agency . Copies of such records shall be furnished by the Local Agency if requested. The Local Agency shall, during all phases of the Work, permit duly authorized agents and employees of the State and the FHW A to 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 such maintenance each year. Such maintenance and operations shall be in accordance with all applicable statutes and ordinances. and regulations promulgated tbemmdcr, 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 arc being adequately maintained. I. 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, as they currently exist and may hereafter be amended, which are incorporated herein by this reference -13 - .. • • 0 , ~• -• 0 , . • '· as terms and conditions of this conttact. The contractor shall also require compliance with these statutes and regulations in subgrant agreements permitted under this conttact. A listing of some of the federal and state laws that may be applicable, depending on the Local Agency/Conttactor work responsibilities under this contract, are described in ADDENDUM A . J. DBE REQUIREMENTS "If the Local Agency desires to use its own DBE Program to implement and administer the DBE provisions of Title 49 CFR Part 23 under this contract, it mast sabmit a copy of its procnm 's requirements to COOT for review and approval before tbe esecution of tbis contnct. If tbe Local Agency uses it's prognm for tbis contnct, the Local Agency shall be solely responsible to defend that DBE Program and its use of that Program against all legal and other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation, determinations concerning DBE eligibility 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 Section V .B. 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. 8 . If the Work involves construction, the State shall have the authority to suspend the Work, wholl y or in part, by giving written notice thereof to the Local Agency , due to the failure of the Local Agency or its construction contractor to correct project conditions which are unsafe for the Workmen or for such periods as the State may deem necessary due to unsuitable weather. or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest . C. This contract may be terminated as follows : -14 - ,, - • ' I· • 0 , I • 0 - (a) Tennjnatjon for Cause If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to terminate and at least ten ( l 0) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, 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 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 . If after such termination it is determined, for any reason, that the Local Agency was not in default, or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience. and the rights and obligations of the panics shall be the same as if the contract had been terminated for convenience, as described herein. (b) Tennjnatjon 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 served by completion of the project. The State shall effect such termination by giving wrinen notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. (c) Tennjnatjon Due to Loss of Fundio& The panics hereto expressly recognize that the Local Agency is to be paid. reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the purposes of contracting for the project provided for herein, and therefore , the Local Agency expressly understands and agrees that all its rights. demands and claims to compensation arising under this contract are contingent upon availability of such funds to the State . In the event that such funds or any pan thereof are not available to the State, the State may immediately terminate or amend this contract . -15 - ... •· • 0 ' ? ]- - • ,. - 0 t• • 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 performance 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 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 panics in an amendment to this contract that is properly executed and 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 term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. 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 contraet is intended as the complete integration of all understandings between the parties . No prior or contemporaneous addition. deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing . No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules . H . Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the panics hereto and their respective successors and assigns . I. The Local Agency represents and warrants that it cWTCntly bas no interest, and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the Local Agency's obligations under this contract . The Local Agency's further covenants that, in the performance of this contract, it "'ill not employ any person or firm having any such known interests. -16- , 1,--. . . ,, .. • . I· , • 0 • • • .. J . This contract shall become "effective" only upon the date it is executed by the State Controller, or dcsignee. The term 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, FHW A and Local Agency. K . The Special Provisions, Attaclunent LO (Certification for Federal-Aid Contracts), and Appendix B (DBE requirements) attached hereto are hereby made a part of this contract. The Local Agency shall comply with all applicable tenns and conditions of such attacluncnts. L. If a conflict occurs between the provisions of this contract proper and the attaclunents hereto, the priority to be used to resolve such a conflict shall be as follows : 1. The Special Provisions and the attachments enumerated in Section IX, paragraph K, above;and 2. This contract proper; 3. Other contract attaclunents and exhibits, in their respective order. M . It is expressly understood and agreed that the enforcement of the terms and conditions of this contract, and all rights of action relating to such enforcement, shall be strictly reserved to the parties hereto , and nothing contained in this contract shall give or allow any such claim or right of action by any other or third person 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 deemed 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 required by its proccdurcs, by- laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that they have full authorization to execute this contract. 0 . The Local Agency and the State may use one or all of the Contract Modification Tools contained in ADDE N DUM B , in order to more expeditiously change and amend the tmns of this contract, if such use is warranted by the circumstances as described and authori zed tbcrcin. -17- • . .. •· • , I • • • <. IN WTINESS WHEREOF , the parties hereto have executed this contract the day and year first above written. ATTEST : By ______ _ Chief Clerk CLIFFORD W. HALL State Controller ATTEST : (SEAL) Title------ STA TE OF COLORAOO ROY ROMER, GOVERNOR By ________ _ Executive Director DEPARTMENT OF TRANSPORTATION APPROVED : GALE A . NORTON Attorney General By ________ ~ BARRY 8. RYAN Assistant Attorney General Civil Litigation Section CITY OF ENGLEWOOD, COLORADO Title _______ _ Federal Employer Identification Number: 846000583 -18 - --~-----~ . . • • 0 l I - • • • t• - ATTACHMENT tl THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEHDff FEDERAL-Am PROJECT AGREEMENTS WXTH PROFESSIONAL CONSULTANT SERVICES T itle 23 Code of Federal Re gulations (CFR ) 172 applies to a federally funded local agency project agreement administered by COOT that involves professional consultant ser,,ices. 23 CFR 172 and 23 CF:l 172(dl state that, "When federal- aid highway funds participate in the contract a local shall use the same procedures as used by the State to administer contracts ... ". Therefore, local agencies must comply with this CFR requirement and the following state procedures when obtaining professional consultant services under a federally funded consultant contract administered by COOT. COOT has for:nulated its procedures in Procedural Directi ve (P.O.) 400.1 and the re l ated operations guidebook ti tled "Obtaining Professional Con s ult ant Services". This directive and guidebook incorporate requirements from both Federa l and S tate regulations, i.e., 23 CFR 172 and Colorado Revised Statute (C.R.S.) 24-30-1401 et seq. Copies of the directive and the guidebook may be obtained upon request from CDOT's Agreements and Consultant Management Unit. [Local age ncies should have their own wr it:en procedures on f~:e for each method of proc~rement that addresses the i:ems in 23 CF:l 172.5 b l (1 -6 )]. Because the procedures and laws described in the Procedural Direc:ive and the guidebook are quite l engthy, the s ubsequent steps serve as a sr.or:-hand guide to COOT procedures that a local age ncy must follow in obtaining prcfe ssional consultant services. This guidance follows the format of 23 CF:l 1 7 2. The steps are: 1. The contracting local agenc y s hall document the need for oc:aining professional services. 2. Pr i or to solicitation for consultant ser7ices, the contrac::ng local agency s hall develop a detailed scope of work and a list of evaluation factors and their relative importance. The e ·,aluatiol! fac: ::,rs are those ident ified in C.R.S. 24 -30 -14 03. Also, a detailed cost est:~ate s hould be prepared for use during n egotiat~ons . 3. The cor.trac:ing agency must advertise for contracts in conformity with the requirements of C.R.S . 24-30-1405. The public notice period, whe n such notice is required, is a minimu.~ of 15 days prior to :he selection of the three most qualified fi~s a nd the advertising shou:d be done in one or more daily newspapers of general circulation. 4 . The reouest for consultant services should include the scooe of work, the eva l uation factors and their relati·,e importance, the met::cd of payment, and t h e goa l of ten percent (1 0 ) Disadvantaged Business Enter~rise (DBE } participation as a minimum for the pro J ec:. 5 . The a n a l vs i s and selection of t h e cor.sulcants s h o u d be d c~e in a cco r d a n ce with C.R .S . 24-3 0 -1 4 03. Th is secti o n of the re ;~:ati on identi fies t h e criter i a t o be used 1n the evaluat ion of c=c: pre- qualif ied pr i me consul tancs and tne1r team . It a l s o sho ws ·..;!"::ch en.ten.a ar e u sed t o sho rt-list and to make a f:na selec tion . Th e s ho rt-list is based on the foll o wing evaluation fact o rs : a . u a l ificat i ons, b . Approach t o the pro j ect, -19- ... "'~ • - • - - • • ·, • c. Ability to furnish professional services. d. Anticipated design concepts, and e. Alternative methods of approach for furnishing the professional services. Evaluation factors for final selection are the consultant's: a. Abilities of their personnel, b. Past performance, c. Willingness to meet the time and budget requirement, d. Location, e. Current and projected work load, f. Volume of previously awarded contracts, and g. Involvement o minority consultants. Rnder 24-30-1401 gpet;, aha.11 ppg 1M cereidered Ma fastor 1D SM mJ,atieo g( REQ(Mfi.gpal, GQppp1tapt;, INYiAM 6. Once a consultant is selected, the local agency enters into negotiations with the consultant to obtain a fair and reasonable price for the anticipated work. Pre-negotiation audits are prepared for contracts expected to be greater than SS0,000. Federal re~=ibursement for costs are limited to those costs allowable under the cost or:.nc:.oles of 48 CFR 31. Fixed fees (profit) are determi:1ed with cons:.der~t.:.on gi·,en to size, complexity, duration, and degree of risk involved in the ~ork. Profit is in the range of six (6 ) to fifteen (15 ) percent of the total direct and indirect costs. 7. A qualified local agency employee shall be respcns:.b:e and in charge of the project to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and scec:.f:.cations of the contract. At the end of project, the local agency prepares a perfor:nance evaluation (a COOT form is available ) on the consultant. 8. Each of the steps listed above is to be documented i:1 accordance with the provisions of 49 CFR 18.42, which provide for records to be kept at least three (3 ) years from the date that the local agency submits its final expenditure report. Records of projects under l!tigat:.on shall be kept at least three (3 ) years after the case has been sect:ed. The C.R.S . 24-30-1401 through 24-30-1408, 23 CFR Part 172, and P.O. 400.l, provide additional details for complying with the eight (8 ) steps just discussed. -20- · .. .. .. • • 0 I - • • 0 • FHWA Form 1 273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 11 . Nond11crim,n1t1on Ill. NonH9'1t1Jated F•cliit1es .............. . IV . Payment of Predetermined Min1m•.1m Wage V . Statements and Payrolls ...... . VI. Record of M11enals , Supplies. and LM>or .... VII. Subletting or AISl9f'l"9 the Contract . VIII. Safety: Acc:1dent Prevention ........... . Paiie 1 IX. False S1a1-1s Concert11n9 HiQhway Pro,ects 1 3 3 6 6 7 7 7 X. lmpiemenlahOn of Clean Air Act and F-al W lier Pollution Control Act . . . . . . . . . . . . . . . . . . . . 8 XI. Certification A-ding De-ment. ~sion, lneligobilily. and Voluntary Exclus,on . . . . . . . . . . . . . . 8 XII . Certification AltlJ•ding Use of Contract Funds for Lobbying . . . . . . . . . . . . . . . . 9 ATTACHMENTS A . Employment Preference for App1lach11n Contract, (induded 1n App1iach11n contracts onlvl I. GENERAL 1 . These cor11ract prov,sions shall apply to all work performed on the contract by the contractor's own or;anszaton .-d wfth the assistance of workers under tne contractor's immediate superin- tendence and to all work performed on the contract by piecework, station work, or by subcontract . 2 . Except as otherW1se provided for 1n each section. the con tr actor shall insert m each subcontract all of the stipulations contained in these ReQuired Contract ProviS1on1. and tunher requtre their 1nclus1on in any lower tier subcontr11ct or purch11se order that mav 1n turn be made. The Requwed Contract Prov1- 5'0ns shall not be ,ncorpor1tad by reference ,n any ease . The prime contractor SNIII be rnoonSlb6e for compliance by any subcontracto, or k)wer uer subcontractor with these Requwed Contract Prov,s,ons . 3 . A breach of any of the st1puJ1t1ons contained 1n these Recautred Contract Provi..ons sn.u be sutftetent ground1 for term,nauon of the contract . ,. A breech of the following clauses of tne R-ed Contract Prov....,,,. may also be grounds for debarment H proYlded on 29 CFRS .12 : Section I, paragraoh 2 : Section IV , paragraphs 1 , 2 . 3 . 4 . and 7 ; Section V . paragrapt,1 1 ano 2• 1hroU9h 2g. 5 . 011P1,1tH .-is,ng out of tne labor standerds provt&IO<II of Section IV (exceot -llll'aoh 5 1 and Section V of tneM Aequwed Conuact Prov1st0n1 shall nol be sub,ect to the ~• dtsc,ute1 ct.uu ot tnts contract Suen d1soutH sn.11 be resolved'" accor- dance w1m tne procedures of the U S Dec>.tment of utior 100 11 set tom, ,n 29 CFR 5 , 6 , and 7 . 011P1,11es w11hrn the mean,ng ot thtl clause ,nctuoe disputes between tne contractor (or any of rts subconuactonJ and tne contracung .gency, the OOL . or the eontracto, s employffl or thew reo,esent1tive1. 6 . Selection of L-: During the performance of this con- tract , the contr1C10f' shall not : 1 . doacrmonate "9"1"1t l.iior from any other State. poues- 11Dn , or territory of tne Unoted Stares (uc1111t for empoyment preference for Appalachian contracts. when _.IC-. as _c,foed 1n Attachment A l. or b . empk>y convict labor for any purpose w,th,n the linwt.1 of the pro1.ct unless ,t 1s labor performed by convicts who are on parole. supervised release . or probation. N. NONDISCRIMINATION (Applicable to all Federal -11d construction contracts and to a.i related subcontracts of $10,000 or more .I 1 . ~ Emplo¥ff*11 Oppao,unily : EQUII employment -.,. ntty (EEO) requirements not to discnm1n11te and to take affirmative action to auu,e equa& opportunity •• set font, under laws, executive orders. rules, regulet1ons 128 CFR 35 , 29 CFR 1630 ind 41 CFR 601 and orders of the Secretary of Labor aa modified by the provisions prescribed nere,n. and 1mi,osed pursuant to 23 U .S.C. 140 shell constitute the EEO end -c:,f1c affirmative acnon stand•ds for the contractor's proJect Kttv1t•• under this contract. The Equal Opportunity Constn.1ct1on Cantract Spec1fica11ons set forth under 41 CFR 60-4.3 and the p,ov1sions of the American Disabilities Act of 1990 (42 U.S .C . 12101 11 HQ.I set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in th11 contract . In the execution of this contract. the contractor agrees to comply with the following mm,mum spec1f1 c requirement 1ct1v1t1es of EEO : a. The contractor will work with the State h1gnwav aoency (SHAI and the Federal Government 1n carrying out EEO obligations and an tnetr review of his/her act1v1t1es under the contract . b . The contractor w,11 accept as his operating policy the following statement : ·it 11 the policv of this Companv to assure that applicants are employed. and tnat employees are treated during employ- ment, without regard to the,r race . religion . sex. color, national origin. aoe or disability . Such i1ct1on shall include: employment. upgrading, demotion , or transfer : recruitment or recruttmem aovert11,11"1Q : layoff or t~t1on: rates of pay or other forms of compenut1on: and selection for tra,n,ng, including aoprent1cestup, p,eapprent1ce~. and. or on-the-tab tra1n1ng .· 2 . EEO Officer: The contractor w,U des>Qnate and make known to tne SHA contracting otf1cer1 an EEO Otticer wno wdl have the respons,b1htv for and must be caoabfe of etfect1veiv admon,stenng and promo11n11 an actove contractor IJl'09(am of EEO and who must be asa.gned adeQu11te authority and resoon .. b,iity to do so . 3 . Di•-of l'olicy : A U members of the contractor 's staff who •• authorized to twe, auperv1ae , promote . and dis- charge emoloy-1, or who recommend such action. or who are eubotantoally involved on such action. woll be made fully cognizant of. and WII ffll)iement, the contractor 's EEO policy and contr•ctu- al~-to provide EEO ,n each grade and classif1ca11ori of emok>vment . To ensure that the M>Ove agreement wtll be met. the foUoweng actions •1h be taken as a minimum : a Penod1c meetings of auperv,aory and oersonnet office emo1oyNs w 1U oe conduC1ed befo,1 the start of work ana tf"len not less often than one• every MX months . at which ume the contractor s EEO oohcy and 1t1 ,mp&ementation NIii be rev,ewed and eaol-The "'"""Ill will be conducted by the EEO Office,. b . All new super,1-y or pe,sonnet office employees - be given I thorough 1nooctrona1ion by the EEO Officer. cover....a al......,,~• of the contractor's EEO ot,i,ga1 1on• w ithin 11Wty Clays followtn9 !het< repon,ng for duly wotll the contractor u::u :u::, 1v n en n> • ' I • • , - c . Atl personnel who •• enoaged 1n direct recru,tment for the pro,ect w ,11 be ,natructed by the EEO OffiC8f ,n the contrac· "" s oroceClufft for locat,ng ..o tw'"II monomv group emplo\lfts . d No1teff and post11n uttino fortn the contractor 's EEO polocy _., be placeO on .-... readily ecc.-to employffs. --=-ms for employment and potential emc,ioyffl . e The c ontractor 's EEO pot,cv and the orocedut-ea to ....,...... aud'I pol,cy -be llrougllt to the anent10n of 8fflPOV · -11¥ -of .-t1np, employee .....-.. or other ----· , . ....., bo "' Wt., -...1or .....,_, the contrac- lllr ..,. oncluCle 1n aN --• for emplo-the notation : • An Equal ()pportun,ty E""*"*. • AN IUCh advert~ntl will be plec:ad on publications haVWIQ a larva circulation among monontv groups on the aru from -the project work force would normaNv be -· a. The contractor WIii , unlul precluded by I valid bargain- ing agreement, conduct Systernatle and dnct '9CNltfflent through pubt,c and pnvate employ" referTal aourcn likely to yoeld qualified monontv grouo applic;anta . To meet this requnment, the contractor will tdent1fy sources of potential m1nonty group effll)lo-. and eat1btish with such odentlfied sources procedures whereby m,nor1tv ;roup applicants may be referred to the contractor f0< employment consider1t1on . b . In the event the contracto, has a valid bar9a1n1ng ~r••· ment provtdlng for exclusive hmng haU referrals. he 11 expected to obaen,e the prov1SK>ns of that agreement to the ••tent that the system permits the contractor's compliance with EEO contract prov,s,ons. IThe DOL has held that -e implementation of such -ti have the effect of discriminating against minonties or women, or obhgates the contractor to do the same. such 1mple- mentanon vt0lates Executive Order 11246, u amended.) c . The contractor -encourage his preHnt employNs to ref• m,nomy 9'0UI> applic:atts fer employment. Information and proclldurn With reQard to referr1nt.1 m,nority grouo aoo&icants wtll be d iscussed with employffs. 5 . ,-....,_, Wages. working conditoons, and employN benefits shaU be ntabtt-.:1 and ldfflon,stered. and personnel actions of every type, inc:luding lw1ng, Ullll'ading, p,omotoon, transfer, demotion. layoff. and termination. shall be tal<en Without regard to race, color, religoon . ••· natoonat or,g1n, ar,ie or d1Hbllity . The following procedwH lhall be folio-: a . The c ontractor well conduct pel'N)dic inaoectN>ns of orotect SltH to 1naure that worlun9 condttoons and employff f1c 1ht 1as do not 1nd1c11e dtscr1menatorv treatment of pro,ect site pe,sonnel. b . The contractor wllt -ICldlc:ally evaluate the acwead of w-• paid w,th,n eech ctaulficatoon to determone anv evidence of dJ1crim1natory wage practices . c . The contractor will perlOCMCalfV rev .. w selected person- nel actions 1n depth to determ.ne ~ there •• eVldence of dlscrim,nar,on . Where evidenc e ,s found. the contractor will p,omgttv take corrective action. tf the rev .. w 1ndtcate1 that the d11cnm,na11on mav ••tend bevond the actions rev .. wed, IUCh conectiv• achon shall ,nck.tde au affected persons . d The c ontractor w oll p,omottv onvest,vate aN C~tl of ~ d1acr1mmatKtn made to the contracto, tt"I eonnectllOn with"'' obti9ation1 ....ctw this contract, w llt attempt to resolve auch compl .. nt1. and w llt take --,ate cor,ect1ve action w,thtn a re--1-. H 1"9 lftVfft,gatoon indicates ltlat the d<acnm,,,.toon may affect ---than the c.....-. • • • such corrective action shalt include such other persons . Upon comp6et,on of each investtgat10n, me contractor will inform every comCHa1nant of au of his avenues of appe~. s . T,......_..._, a . The contractor will as1111 in locating, qualifying, and onc:reas,ng the lkills of m,nority ll'()UI) and women emplo-. and applicant, for employment. b . Consistent wrth the contractor's work force require- ments and u perm,uibte under ,,_al -State regulations, the contractor shalt make full use of training l)r09rams, i.e .. appren- ticeship, and on-the-job train,ng programs for the geographical ., .. of contract performance . Where feasille . 25 -cent of apprentices or tr-in eech occupation shall be in their first year of ~ or training . In the event a -,:ial provision for traming i1 provided under thi1 conuact. this aubparagraph will be superleded H indicated in the ~at provision . c . The contractor will advise emplOVNI and appiicants for empk)yment of available tr11n1ng programs and entrance requere· ments for each. d . The contractor w,11 penod1caUy rev .. w the traenang and promottOn parent1al of minomy ;rouo and women empiovNs and will encourage eligible emJ»ovees to apply fo, such tra1n1ng and promotion. 7 . Uniona: It the contractor rehes in whole or in part upcn unions as a source of employees . the contractor wtll uM hes/her best efforts to obtain the coooerauon of such uruon1 ro increase opportunities for minornv ;rouos and women within the unions, and to effect referral• by such unoons of mtnor1tv Ind female employffs . Actions by the contractor eit-directly or throuvh • contracto,'1 -.oc1at1on Kt•no 11 agent will include the proce- dures Mt forth below : a. The contrector will UH best efforts to develop, in cooperation With the .,._,., ,a,nt tr..._ orograms aifned tow.-d qualifying more mtnoroty group member• and women for member- ship in the un-,s and 1ncr .. 11ng 1"9 1kllls of minority group ernployee1 and women so that they may QUalify for t,,gtw paying employment . b . The contractor wtil use belt efforts to ancorpo,ate an EEO ctauH into eac:t, union agreement to t"9 end that such union wdl be contractually bound to refer _.ieant, without r_.t to theer race . coklr. religt0n, sex. ~,,on .. ono1n , age or disabtlity. c . The contractor 1s ro obtatn informatl()n u to the reterr• practtCH and polic.a of the labor union except that to the extent auch onformatoon 11 -the uctu .. ve po_....n of the laoor ..,_, .,., IUCh labor un,on refuses to ,.,,_ IUCh onformauon to tlle contractor, the contractor lhatf ao cert,fy to the SHA and --forth WNt effon1 have -,,,_ to --IUCh onformauon . d In the ev.,t the union 11 -to oroVlde the contractor -a r.-flow of -,.Y and-, ,.._ala -the time hm,t Mt forth on the collect-berg..._ ..-. - contrector wllt , tlYQU9h •lde-"'9nt r-effort1, fiN the employment voe-.mout 199Afd to race. color. rwf9on, w . natoonat orog1n , age or dllabtlltv: malP.,ng full efforts to -- Quahfoed and/or QUAl,f-m,nor,ty grouc, pe,aona and _.. (T"9 DOL has held that 1t .,,.,. be no HCUM ltlat the .,,_ - wt,,ch the contractor has a ~ llarva,n,nv agr-,,t pro-.; for e•ca.w referTal f....S to..._~..,._._, In the event -..,_, referTal pract,ce .,,_, the ~- from fflfft"'I the -.iatoona -to E.--Oro. 112 ... UC{l!Jll) IY 2J C'F1l OJ 102 •22 • • . • • • , • 0 - as amended, and theu -cial proviSIOM , ouch contractor shall immediately notify the SHA. 8. Selectian of s..i.c-. ,,__ of M.-- LNaint of E.....-,t: The contraetot lhaM not diac:nnw>ate on the grounds of race. color. reliQoon. NX, national onv,n. ave or disability in the selection -retention of IUbcontractors. onc:lud· inll procurement of materials -lea-of ~- a. The contractor shall notify al Pot_i .. subcontractors -suppliers of Ilia"-EEO obliQationa ...-thie contract. b. ~antaved bulir.u .warpriNa IOBEl. • defined in ,a CFR 23. at,a1 -equal~ to -e few - perform subeontracts which the contraetot enten into .,..-auant IO this contract. The contractcw will UN his best efforU 10 solicit bids from and to utilize DBE subcontractors cw IUllcontractora with me--aful minantv group -i...... ._-ation - their emplo-. Contractors lhaM obtain lists of DBE conavuc- tion firms from SHA penonnel . c. The contractcw -... his beat effcwts to .......,. oubeontractor compj,anca with tnetr EEO obliQations. 9 . Rec--"-'9: The contractcw shaU kHO ouch records u necessary to document compliance With the EEO requirements. Such reccrds sNI be retaoned for a period of tlVH years following comc,1et,on of the contract -and shall be av-at re---places for inapect,on by autho- rized ,_euntat,v .. of the SHA -the FHWA . a. The records kept by the contractor shall document the follow1n9 : 111 The number of -ttv and non-rn.nontv grouP memoers and women -,,ploy.cj in each wcwk daulfic:abon on the pro,ect: 121 The ---effcwtl beong ,,,_ tn eoopsation Wfth unions. when~. IO incre-employmeM -- ties for m,nont,es and women; 131 The pro;re11 and efforts betn; made on locatong, hiring, tra,n,n;. qualify,n;, and ._aclinQ meno,,ty -'- employees; and 1'1 The progress and effons beong ,,,_ in acunng the _....,es of DBE IUbcontractora or IUllc:ontractora Wfth meaningful m,nonty and female ,_euntation -tnetr employees. b. The contractors Wtl IUllmot an annual report to the SHA each July for the durattOn of the s,ro,ect, ~ the number of mononty, women. and non-monontV group emplo-currently ef19aged ,n each wcwk clau1ftCatoon -ed by the contract -It. n,.. ,ntormatoon ,. to be ,-ted on Form FHWA-1391 . If on-the )Ob tra,nong ,s t,eong -ad by ~ pr-. the contractor Wtll be requ,red to colect and report tra,n,nu data . •• IIIOIIISEGREGATEO FACIUTES IAppl,cable 10 all F-al-atd construct,on contracts and 10 al related IUl>contracts of S 10.000 or more .) a. Sy IUbmoHton of tnts btd . the uecutoon of mos contract or IUbcontract. or the conaummatoon of ttvs maten .. IUIIPIY ..... rnent or pu,.:haM ordef, .. --,ate, the bidder . Federal·aocl c:onam,ctoon contractor. oullc:ontractor , matenal ..... cw vendor . as _opr,ate, certifies that the firm-not - cw~tor11a.......__...,..-f~at-ofa -~s.andthatthelirm...,..notl*ffWtots........._. to perform --at ---· -lb control , -- ,, - • HQregated facilities are ma1ntamed . The firm aorees that a breach of this certtficattc>n 11 a vt0i•tK>n of the EEO prov,540ns of this contract. The firm fun her certifies t'hat no empk)yee will be denied access to adequate fac1ht181 on the basis of sea or diuDility. b . As used 1n th,s cen1ficat1on. the term ·sev,egated facilit••· means any wa1t1ng rooms. work areas. restrooms and washrooms. restaurants and other eat1no areas. timectocks, loclter rooms, and ott>er stor-or dreu1119 areas , parltin; lots. drinking fountains, recreation or entenainment ••as. transpor· tation, -hou11n11 facilities provided for employffl which are ~ed by explictt directive . or are. in fact, H9"99ated on the basis of race. cok>t. reliQ1on , natt0nal origin, age or disability. becauN of habit, local custom. or othetWise. The only exception will be for the disabled when the demands for acces11bolity override le.;. disabled parking). c . The contractor agren that ~ has obtained or will obtam identical certification from proposed subcontractors or material suppliers pnar to award of subcontracts or consummation cf material supply agreements of S10.000 or more ano that ,t 'NIii retain such cert1ficat1on1 1n its files . IV . PAYMENT OF PIIEOETERMIIIIEO MINIMUM WAGE (Applicable to •II Fttaerai·ata c onstruction contracts exceeding e2 .ooo and to all related subcontracts . except for proieca located on roadways class1f1ed as local roads or rural minor coUectors. wh,cn are exempt .I 1 . 8-81: a . All mecnan,cs and laDOrers employed or working upon the srte of the work wtll be paM:t unconditoonally and not less often than once • Wffk Ind W'thout ~ deductoon or rebate on -account lexeept sucn pavroll deductions as are _m,tted by re;uiatoons 129 CFR 31 ·-by the Secrata,y of Labor under !he ~ Act 140 U.S .C. 276cil the luU amounts of waves ana bona fide frin;e beneflts lor cash -,,valents thereof) due at tome of payment . The payment snail be computed at waoe rates not .... than thou contasned 1n the wage determ1nat1on of the Secretary of LaDor lhere,nafter ·the wage determ1nat1on .. ) which i1 -hereto and made a pan tweol, r-dleH of any contractual relat1onsh10 which may be alle9ed to ea11t between the contractor or its subcontractors and such laborers and mecti..ca. The w-determ,nat,on lincludin; any add1t1onal clnaificatoona and w-rates conformed under paragrapn 2 of tlltl Sectoon IV Ind the OOL P()lter (WH-13211 or Form FHWA - 1,951 llhaU be posted at all tlffl81I by the contractor and ots subcontrac:tors at the s,te of the work m a prom.nent and .,.,..._ place -e n can be e..iy -by the workers. Fer the _.. of thtl S.ctoon . contnbutoona made or co1t1 reason- ably -ed tor bona fide tr,,. benefits..-Sectoon 1 lb ll 2 1 of the o--Bacon Act ''° U.S .C . 275al on behalf ot laooren or mec:llantcs are co-lld waraes paid to such laborers or mec:nanoco . IUtl,eCt to the provlSlonl of Sectoon IV, para;rac,n Jb . hereof . Also , for the purpau of this S.ctoon. regular contnbutt0n1 meae or costs ,ncurred for more than a wHkly perood lbut not leH often than Quarterly ) under plans. funds . or progr..,., whtcn cover me particular -Y -IOd . are deemed 10 be conotructovely m-or onc:urfed c,ur,n; wet, wHkly perooa . Such laborers and mecnan,cs shall be paid the -oproate we<;• rate and tnnve benefns on the wave determinatoon tor the claudicatoon of wcwk actually performed. wrtnout regard to sa,11 , eacept as provlC:tlld ,n para;,-, ano 5 of tt,,s Sect,on IV b . ~s or mechanocs pe,t"""""ll -k on more man one ~ mav be compensated at the rate -•fted tor Heh c:u.ftCallon for the t..,. actually -ttweon. pro-.i. tNt ,ice,~,~ av 23 era. ,31 10: -21- . . :,t •. .. • • • 0 , the emc,1o-·s payroll records accurately set forth lfte tirne spent .,.. each cl•111ficat1on in which work is performed. c . All rulings and interpretatt0n1 of the Davis.S.Con Act and related acts contamed 1n 29 CFR 1, 3. and 5 •• nere1n incorpo,ated by reference in ttus contract. 2 . Clauitlcalieln: a . The SHA contracting officer shall r_,.,. that any ctau of lalloren or mechanoc:a employed .-lfte contract, whoch i1 not lilted on the w-determonation. llhall be claulfied 1n conformance W1th thew-determination. b . The contractinv office, lhall -ove an additional claulfication, w-rate and fringe benefita only when the foMowing criteria have been met: 111 the wortc to be performed by the additional ctauifi- cation ._.ed i1 not performed by a claadication in the w- determ,natK>n: 121 the additional claudication II ut1Mzed in the area by the con1tructt0n industry; 131 the proooled w99e rate . including any bona fide fnnge benefits. bears I reuonat>'e relationship to the wage rates contained ,n the wage detemunatK>n: and 14) w,tt, resc,ect to helpers, when such a cla1a.fic1t1on prevails 1n the area in wtwch the work 11 rerformed. c . If the contractor or subcontractors. as appropnate. the laborers and mecl\anlcs Iii known) to be emc,loyed on the addition- al ciasadicat,on or thetr repruentatwes. and the conuacttng office, -on the clauification and w-rate linc:ludino the amount designated tor tr.,. benefit• -. -cpriatel. a r9POl't of the action taun -be ant by the contract,ng officer to the DOL. Adminostrator of the W-and Mour OMIIOn. Employment S-dl AOm1nt1tratlOn , Washington. 0 .C. 20210. The W- and Mour Admtntltrator. or an ....-ed ,,_,,,., - -ove. modify. or diuoorove e,,ery ---ication actoon wothtn 30 Oays of rec:ec,t and 10 -the contract"'9 office, or wtll notify the contractfflg officer --the JO.day penod that .ck11t1onltl tlffle ra nece.....-v . d . In the event the con1ractor or IUllcontractorl. • _.,. pnate. the laboren or mechanocl to be employed on the - clalllficatlon or -.._...,,....,,.., -the contractonv officer do not 89fH on the prOl)C)Md claudicatoon -..,_ rate li nclud1ng the .........,. dff9,ated for tr.,. benefit1, -e app,opr1atel. the contractonv officer lhal refe, the --''°""· oncludong the Yl8WI Of al ont-ed part-and IN rec:ommenda· tion of the contracting office,, to the W-and Hour Admnltra· tor lo, determination. Saod Admtn,atrator, or an authonzed representattv•. will issue a determenatton WlttW1 30 days of r•ce1pt and 10 adv1H: the contract,ng officer or weM nottfy the contract,~ officer w,m,n the JO·day perte>d tnat addft~ twne •• necesaary e . The w-rate lmclud1r19 lnr19e beneht1 where --1· atel de1e,m1ned PUrsuant to par89'apl, 2c or 2d of tlw Section IV 1h1tl be paid to -'1 worke,1 performing wo,k 1n the add1tt0nal ciau,ficatoon from the Int day on wt,ocn wort< 11 performed on the cl1111ficatt0n. 3 . ..._.. of Fringe a..tlt1: 1 . Wheneve, the nwwnum wave rate prescribed 1n the contract for a ctaa1 of lallore,1 or rnecftanocl oncludH a lnnge benefit wt..ch 11 not ellP'HHd a1 an hourly rate. the con1ractor • 0 • - or subcontractors. 11 appropnate. shal either pay the benefit as stated 1n the wage detenn1n1lt0n or shaU pay another bona fide fr1r1ge benefit or an hourly use equiv1Ntnt thereof . b . If the contractor or subcontractor. as 1ppropr11te. does not make paymentl to I tl'UStN or -tlWd pe,son, he/-may conlide, 11 a pan of the w-of any laDore, or rnecllanic the amount of any coet1 reaaonably ant,c,pated ,n proVldinQ bona fide fTin9e benefit• ...-a plan or program, provided. that the Secre- tary of Lallor haa found, upon the wntten request of the contrac- tor, that the -'icable 1tandard1 of the Oav11·Bacon Act haw been _._ The Secretary of Lallor may require the contractor to set a-in a aep•ate account _., for the rneet1n9 of olllioationa ...-the plan or pr<>91'am . '· App,a,tic:ee -T-I.....,_ of -U.S. DOLi - Halpen: a. Apprentices : 11 ) Apprentices wdl be permmed to work at less than the predetermined rate for the work they performed when they •e employed pursuant to ana ind,vodually r9911tered 1n a bona fide -em1ceshop program rev11tered with the DOL. Employment and Tra,n.ng Admerustr1tt0n. Bureau of Apprent1cesn1c and Tr .. n,ng, or wtth a State apprentK:est'IID a~cy recognized bv tne Bureau . or if I person ,s employee, 1n hi5/her first 90 d1y1 of prooauonarv eme>k>vment u an apprentice ,n such an apprent1ce1n10 oroCJl"am , who 11 not 1ndivtduaUy re;,1tered 1n the pro;ram . but who has been cenrfied by the Bureau of Apprent1ceah1D and Tr .. n1m.1 or a State apprent1ceahap agency (where appropr,atel t o ce eh;,bte for probationary emptovment 11 an apprentice. t21 The aUowab .. ratio of apprenuces t o ,ournevman· level emc,lo-on the JOI! arte on any craft clau,hcatoon 1n•II not be greater tf'lan the ratlO perm,ned to the cont.ractor •• to the entire wor1t force under the registered pr09r1m . Anv .,,,pk>yee listed on I oayroH at an apprentice wave rate , who 1s not re;••· t•ed or otherwise employed u 1tated aoove . lhall oe -not less than the IOPl•catN wage rate listed 1n me waoe detem,.,,.. tlOn for the claaMicatoon of wort< actually perforn.a. In -ion, any apprentice oe,form,ng work on the ,ob 11te 1n excess of the <atlO pe,m,tted ,,,_ the --progran, lftail De pa,d not IHI than the~ wave rate on the .. _ determ,natoon for the wort< actually _, __ Where a contractor or IUOContractor ti performing construction on I pro,ect 1n I locahtv otner tf'\an tt\at in which it1 program ta reg11t•ec:I . the rat101 ana wage ratn I••· pre11ed in percent-of the JOUffl8vman-level nouny ratel _..tied in the contractor"1 or IUbconlractor's -t -progr.,,, lhaN be Obllenled. 131 Every -entice rnuat be pa,d at not !es1 than the rate _.,;tied tn the r_.e,ed P'091'.,,, for the apprentoc:e ·1 - of pr09r811. eap,uled II a perc:entave of tne 1ourneyman- hourly rate _c,fied on the appl,cable wa99 dete,monatoon . Appremoc:e1 lhal be paod fronve benefit• 1n accordance With the prov1110na of the apprent1cHh1P pr09<am . II tne •00tent1c- orogr1m doe• not apec ,tv fnnge benehts. 1ccrennce1 must be paid the full amount of fnnve benefit• lilted on tne "'898 determi- nation fOf the aoplac.ac, .. ciaasd1canon . If tne Aam1n1strat0f few the Wage and Hour 01v,11on determ.,,.. tnat I d1tt~ent c,racttee p,evaol1 for the -"c•ble -entoce cla111f1c•uon, fnnvn lhall be p1,d ,n accordance with that determtnatton 1•1 In the event the ..,_.., of Aoo,ent1cHhtC> - TratlWIQ , o, a State -entoc:Hhlp _.,cv <ec09f"Zed by the lurea.,, --•w• -oval of an -ent1c-pr<>91'an,, the contracto, or IUbc:ontractor -no kN'98f be permitted to "'~ -at -11\an the~ ... ---rate lo, the .......... -perfllfflled by ...... emc,loveH unt~ .. accapl• ... 111'<>91'.,,, .. --· •. • • • 0 f - • 0 - b . Tratnees: (11 Except u provided in 29 CFR 5 .16. trat.-s will not be permotted to work at leu than the predetermined rate for the work performed unless they are emp&oyed pursuant to and individually r1191stered in I program which has received proor _.,,,al, evidenced by formal certoficatoon by the DOL. Employ- ment and Traen1ng Adm1naatration. (21 The rano of trairwa to joumeym-ef empioyNs on -job site -not be greater than permined under -plan _..-by the Employment and Tr•ni"9 Administration. Any ......,,,_ listed on the payroN It I tr-rate who is not regis- -and l*1JClll"'"9 in a traon,ng plan -owcl by the Employ- ment and Training Admlnistranon shall be paid not less than the ~ wage rate on thew-~ for the claaifica- tion of worlt actually performed. In addition. anv .,_ perform- ing -on the job site in excess of the ratio permitted UMW the ._iered -am sh.a be paid not less than the applie.-w- rata on the w-det"""'""tK>n for the work actuallv performed. (31 Every tr-must be paid at not less than the rate -rf-on the approved program for hos/her level of provress . eapreued as a P8f'Centage of the journeyman-level hourty rate sc,ecmed ,n the appiicab6e wage determ1nat1on . Trainees shall be paed frange benefits in accordance with the proVtsions of the v.... program. It the trainee pr09tam does not mentaon fnnge benefits, traonees shall be pa,d the lull amount of fro"911 benefits listed on the wage cleterm1n11tion unless the Adm1n11trator of the W ~ and Hour Oiv,s,on determines that there is an apprent1ce- lhoe> -am usocoated with the correSl)Onding ,ourneyman-level wage rate on the wage determination which provides for leu thain full fnnge benefits for apprentices . in which case such tr..,..... sha'I rece,ve the uime fringe benefits 11 apprentices. (41 In the event the Employment and TraoNnO Admtnis- trat.on wrthdraws aoorovaf of a tr•""""9 program. the contractor or IUbcontractor wdl no longer be pem,,ned to utilize tratneea at less than the apphcable predetMm•ned rate tor the WOf'k per. formed untd an acceotable program ,1 approved. c . Helpers: Helpers will t>e perm,ned to work on I pro,act 1f the helper cla ... tication 11 specified -,'Id defined on the appicable wage detemwn1t1on or 11 approved pu,auant to the conformance procedure Nt forth ,n Section IV . 2 . Anv work• listed on a payroll at a helper w-rato . who os not • helper -• -01ted clefon,toon . shall be pa,d not leu than the -"<=able wage rate on the wage determtnat10n for the cinaahcataon of work actually performed. 5 . ..__ .. and T,.,_. ,,..__ of the U.S. DOTI : "-"entices and tr-s worlung under apprentoeuhop and oiuN traon,ng pr09<ams which have been certofoed by the Secretary of Transpon1t1on 11 promouno EEO ,n connectK>n Wtth Federaf · a,d hqlway construC100f> pr09<ams are not sut>,ect to the requwe- .....,,, of paragraph 4 of this Sectoon IV. The stra,gt,t tome houriv wage rates tor app,entN:H and tr..,,.., under such programs wdl be Htal>ioshe<I by the partocular p,09<am1 The riltlO of _ent,c· es and tr..,_, to ,ournev,nen snaa not be g,eater than _..,.ned by the terms of the p1t11cular ptogram . The SHA shaN .-n ots own action or uc,on -men reQueat of an authot1zed reo,eaentauve of the OOL wttt'ltlo6d, or -to be W1thheld . from the contrac:t0< o, subcontractor - ""5 contract or any other Fedef1I contract woth the -- contractor. or any other F-ally-u111ted contract eui,,ect to ,. - Oavis·Bacon prevailing wage requirements whic.., is held by the same prime contractor. as much of the accrued payments or advances as may be constdered necessary to pay laborers and mechanics. including apprentices. tr-. and heioers. employed by the comracto, or any subcontractor the full amount of wages requered by the contract. In the event of failure to pay any laborer or mechanic. inctuding any apprentice . trainee, or helper. eml)4clyed or working on the site of the work. all or part of the w-requw9d by the contract. the SHA corrtr~ officer may. after wnnen nonce to the contractor. take such ac:non • may be necessary to cause the suspen1110n of any futt'-payment. adltance, or g1Wantee of funds untit such violations have ceased. 7 . a-......._., No contractor or subcontractor contraCT1ng for any pan of the contract work which may reQuire or involve the employ· ment of laborers. mecNln.cs. watchmen, or guards (inctuding -,,m,ces, trainees, and helpers described in paragraphs 4 and S above) shaH requtre or permit any laborer. mec~c. watch- man, or ~d in any workweek in whtch he/she 1s empk)yed on such work, to work ,n excess of 40 hours in such workweek unless such laborer. mechanic. watchman, or guard receives compensation at a rate not less than one-anc--one-half umes his/her basic rate of pay for all hours workea n eacess of 40 hours 1n sucn workweek . 8 . Vialetion: Liabdity for Unoa1d Wages : L1ou1dated Oam19e1 : In ttte event of any v1ol1t1on of the clause set fortt, in para9rapn 7 above. the contractor and anv subcontraCTor rescons.ble thereof ~ be liable to the affected emok>vee for hla,her unpaid wages. In additt0n, such contractor and subcontractor snail be liaole t o the United States (in the case of work done unaer contract for the Distnct of Cok.imbta or I terntorv. to such Dist.net or to such r....orvl for liou,dated dllm19es. Suen liQuodateo <lam_. snail be computed wrth rnoect to each ,na1vtdual laocrer. mechan.c, watcnman . °' ll"lfd employed on "'°latoon of the clauN set fortn '"par11Jrapl, 7. on the sum of S10 for each calenaar dllv on wn.cn such l'fflPIOVN: was reoutred or oerm1tted to wor .. in excess of the standard wont wHk of 40 hours without cavment of the overtime wagn reQu,red by tne clauH set fortn 1n oa'agrac,h 7 . The SHA lhatl ypon 1t1 own 1rt1on Of upon wr1nen request of any~ _at,ve of the DOL Withhold , or~ to be Wllhlwlcl . from -monoes pay-on account of •Nork -1ormed by the contractOf or subcontractor undef" any sucn contract or any other"-• contract Wtth me...,,. pnrne contractor, or any other F-aNy--sted contract sub,ect to me Contract Work Hours and s.tatv St-arc!s Ac,, whlc:n ,s held bv :he -prorne contractor, IUch aum1 u may be deterff'uned to be neceaaarv to satisfy any leabthtteS of sucn contract or or succontractor for unpaod w-and '-odated oem19es II i,rov1<1ed ,n the clauN Mt forth on paragrapr, I! above V . STATEMENTS ANO l'AY,.OLLS (~ to all Federal -atCI co nstruction conu 1ct1 exceeding t2 .000 and to aM related succo ntracts. ••cecn for pro,ects located on roaaways cla1~1f 1ed 11 tccat roads or rUfal cohetors , whtch are ••empt .I 1 . C .......... with C ........... ,.......,. .. (29 CF" 31 : The contractor lhall comply wrtn the Copeland Regulatoons of the Secretary of labor whtch •• nere,n 1ncoroor lted by refe, • enc:e . RE CU IRC~ av 2 ? =·~ ,ii :o= -25 · .. ,; • • C a. Payrolls •nd baste records relat1119 thereto .,,_.. be maintained by the contractor and each subcontractor during the course of tN work and pr-,,ed for • panod of 3 years from me date of complet,on of the contract for 1JI laborers. mechanics. apprentacas. tr..,,..., watctvnen. helpe,s. and guards working at the s,te of IN wo,k . b . TN pay<oll reco,ds shall contff'I me """"'· social NCU<1tv num-. and odd<ess of Heh such employee; his or he< correct c:lauificanon; l'lourty rates of w-• paid (including rates of contnbutDw or cosu amic,pated fo, bona fide fringe benefits or cash --_..,f me typn described in Section 1 (bll2HB1 of the Oev,a a.con Actl : da,ly anci wHkly numbe, of hours worked ; deductions -; anci actual w-paid. In addit,on, for App-conttacts. the pay<oll records shall coma,n a notM10n indicating -1"" employee-· or does not, normaly ,_ in me labor .. a as defined in Attachmfflt A. paragraph 1 . -me Secretary of LM>or . pursu.m to Section IV. __ ...., 3b. ha found that the w-of env labore, or mechanic include the amount of ""Y coats reuonably antlClpated ,n providing -fits under • plan or program de- aalbed in Sect1on 11blt2l1BI of me Davis Bacon Act. the contrac- tor anci each subcontractor shall mainta,n recorda which show that the comm<tment to proYlde such benefits ,a enforce-. that the plan or program 11 financially respons,ble, that the plan Of program has been communicated in wnt11·,g to the laborers or mecnanics affected. and show tN coat •nt1c1pated or the actual cost incurred ,n provld,ng benefits. Contractors or subcontractOfl ampioy,ng apprent1C81 or tt-s uncie< approved programs shall ma,nta,n wnnen evtdence of the registration of apprentices and trainees. and ratios and wage rates prescribed in the applicabie programs. c. Each contractOf' aid subcontractor shaH furnt&h. each week 1n which any contract work 11 performed. to the SHA -... -·-• pay<oll of w-pa,d each of Its employees !including apprentices, ..-. anci halpers, deacnbed in Section IV, -agrap<,s, and 5 . anci wat-anci guards~ on work dunnv the preceding WNitly pav,ol _.odl . The pay<all euc,m,neo INII -out accurately anci comc,ilttely atl of me Flformation r-,red to be maom-...--agr..,i, 2b of this Section V . Thos ..,......,._ ......, be submetted '" any form --Oot!ONI Form WM-3'7 ,1 av..-for this purpoN and may be pu«:na-from -S.-w,tendent of Documents (F-•1 stock ....-029-005-0014-11, U .S . Go_,,....nt Pnm,"11 Office , Wa~on. D .C . 20402 . The prime cont<actor ,. •Hpons,bie fo, ttie ..-of ,,_ of pey,olla by all subcontractors. d . heh pay<oN submetted shall be accomc,a,wd by a "Statement of Comc,lience . • s,onec:t by -contractor 11< IUbcon· tractor °' hl&Jhe< -t wtio pays or -the payment of the persona employed...-tN contract --cen,fy the folloW l"II : ( 11 that tN pay<o" fo, IN pay<oN _.od contaw>a the w,fo,motion reQuwed to be ma,nt-...-paragrapn 2b of this Section V Ind that such ,nformat.on 11 correct and eomptete; (21 that such i.oor .. o, mechanic (inciudong each'*'*· apprentice . and trainee) employed on the contract dunng the pay1oll penod has been patd IN full wHkly w-1 e-. without rebate. either darectly or 1nd11ectly , and tf'lat no deduc · uons nave been made enner d11ectty or tndwectly from the tuH w~H earned , othe< than pe,m.1aible deductK>nS H Nt forth in the Re11ulotions . 29 CFR 3 ; (31 that each laborw or_...,,,_ been pa,d not leu that the appl,c-w-rate and tnnge-f1t1 or call-•· lent fo, the ciaulf!Cation of -pe,formed, •~.,the -'tcaDle w-det..--inc:..._ateo onto the -act. • 0 1• • o. The -kly submission of a properiy executed cenifico- tion set forth on 1"" rev.,se Side of Optional Form WH-3' 7 shall 1at1stv the requerement for submiuion of the ·statement of Compliance· requ.-ed by paragrai,h 2d of this Section V. f . The fals,ficanon of env of the above cenifications may subfect the cont<actor to c,v,I o< cmninal prosecution ...-18 u .s .c . 1001 anci 31 u.s.c . 231 . g. The contractor or subcont<acto, shall make me records ._.eci ,.---.i,ap11 2b of this Section V ..,__ far ._. tion. coc,y,ng, or tnnlCnlltion by authorind .....-,watives of - SHA, the FHWA. or the OOL. and shall permit such ,epre- aentatn,es to ,men,iew emplo-during wortung hours on me job. If me contractor or subcontract0< fails to -me r8QUired -or to,,,.. tl\em av-. the SHA. the FHWA, the OOL. or al may , afte< wnnen nonce to me contractor, aponso,, appli- cant. or o-. take SUCh actions as may be neceau,y to cauH me._ of.,.,.,,_ payment, advance. or gu•antH of funds. Furthennore. fallu<e to submit the required records upon reQUnt or to make such records available may be grounds for -.....,t •ct1on pursuant to 29 CFR 5.12. VI. IIECORO OF MATERIALS. SUPPLIES. AND LABOR 1 . On all Federal-110 contracts on the Nationat Highway System, exces:,t those which orovtde sotetv for the installation of protective devices at ra,iroaa grade cross,ngs, those whech are constructed on I force account or direct labor basis, highwav beautificatt0n contraca. and contracts for which the total final construction cost for ,oaawav anci blidge ,a leas than S 1 .000.000 (23 CFR 635 1 IN contrac,or shall: a. Become famlkllr w,th the list of specific mateflafs and suppties contained ,n Form FHWA-47, '"Statement of Materials and Labo< Used by ConttactOt' of Highway Construction lnvolv,"11 Federat Funds ... prior t o tne commencement of wortc. under tt111 cont<act. b . Maant .. n a rec::,rd of the totat cost of all matenM ~ ....,... IIU'chilsed l o, ano ,nco,-ated in ttie work. -also of the quant1t1e1 of ,,,., .. soec,f,c mate,1als -.._.... listed on Form FHWA-47, ano ,n IN unrtl shown on Form FHWA-47. c . Fum,sn . .-n the comple-of me contract. to the SHA-...,._ on Form F+-IWA-47 t_..., --data --., -· ..... 1 b -to -and supplies, a final labor -of all Contract wort indlCat1ng !he total llourl -and !he !Otai -.int earned . 2 . At the i,nme contract0<'1 opt-. -a ""9le repon -... al conttact wo,k or -ate ._,, fo, the contractc,r and for eacl\ _.,ontract snail be submitted. Vil. IUkETTING OIi ASSIGNING THE CONTIIACT 1 , The contract0< snail perfo,m W<th 111 own org.-zat,on cant< act wort amounting to r,ot IHI tl\an 30 -cent (or a greater oercentege tf 1oec1ftea etsewhere ,n the contractl of the total or,g,naf conttact pr,ce. ucluatng ""Y ~ 1tem1 des,gnated by me State. Soec,altv ,tem1 may be perfo,med by subcontract and the amount of •ny sucn soec,alty ,tams pe,fo,med may be deducted from the total or19,na1 cont<act pnce before comput'"'il me -.nt of work r-ed to be pe,fo,med by the contract0<'1 own orvan,zat,on (23 CFR 8351. a. "Its own orv-iat-· ll\al be cona1Ned to include oriy __,, employed -(l..a dwa,;lly by the -contracto, anci _........,t owned or rented by the -contractO<, -o, -,,.,,,t -at0<1. Such 1e,m -· not include en,plo-o, -EQU:RJ:~ IV 2) CF1l ,JJ 102 ·2C • .., • • • 0 I - • equipment of a subcontractor, assignee. or agent of the prime contractor. b . "Specialty Items· shall be construed to be limited to work that requ.-H "'9hly _c,alized knowledge. abiijties. or equipment not ordinarily available in the type of contractinQ orvanozat,ons QUalified and expected to bad on the contract as a --an -al .. to be limited to manor """"""*11 of the overall contract. 2 . n. contract .-noum upon whoch tt,e reQUO"--forth in 1*"119'""" 1 of Sec:t,on VII ,s computed includes tt,e cost of mat--manufactured products which •• to be purcl\ased or produced by the contractor under the contract provisoons. 3. n. contractor -furnish (al a competent superintendent or -who is employed by tt,e firm. has full authority to dnct performance of the work in accordance with tt,e contract ._,,,_ts. -is ,n charge of all construction operations (regwdless of who performs tt,e workl and !bl such other of its own orga,11z1tt0nal reaowce1 (supervision. management. and •911ee1 •• wvices> aa the SHA contracting officer determines is neceuary to assure the performance of tt,e contract. 4 . No portion of the contract shall be sublet, assigned or otherwise oispoud of except w,th the wnnen consent of the SHA contractn'IQ otf,cer, or -.,thonzed representative, and such consent when given shall not be construed to relieve the contract0< of any responsobtlity for the fulfillment of the contract . Wnnen co-.t ,..,11 be gown only after the SHA has assured that each subcontract 11 evtdenced 1n wnt1ng and that it contains all pertinent provtSN>ns and requ.rements of the pnme contract. VII . SAFETY : ACCIDENT PREVENTION 1 . In the pert~• of tt\t1 contract the contractor ~I c:omoly wm. oll 11101tc-Federal . State. --aa-govern- ing safetv. health. -..-anat,on 123 CFR 6351 . n. contractor -proYlde all saf-ds. safety --protective --tab,r,y-.-«iact,onsaat-.or • "'8 SHA contractane otfac:91' mav determone, to be .-V -Y to protect the ltfe and neattt, of emolo-on the ,ob -"'8 sa1..., of "'8 Plboc -to protect .,,_ ., CONWCt,on with t"8 performance of t"8 -• covered by the contract. 2 . It ,s a condit,on of th&s contract. and shall be made • cond1t,on of ocn ..-ontract. wnoch the contractor -.-. into -to tnos contract. that the contractor -,,.., IUbconlrac- tor shal no, permit any emok>vee . on pertonnanc:e of the contract, to -,n anoundan9s or under~ wlloch .. -WV. hazardous 0< ~ to tu/her health or safetv, • - under construct,on safety -health standards 129 CFR 19261 promul9a1ed by the S.cretery of L-. an accordance with Sectaon 107 of tne Contract Wo,k Hours and Safety Standards Act !40 U.S .C. 3331. 3 . Pursuant to 29 CFR 1926.3 . at ,s a conditaon of this contract that the SecrMery of Labor o, authofazed -tatove thereof. shall nave right of entry to any Site of contract perfor- mance to ,,,_.,, 0< anvest19a1e the rnaner of c:omplaance -the construction safety and health standards and to ur,v out tt,e dutaes of the Secretary under Section 107 of tt,e Contract Work Hours and Safe1v Standaras Act (40 U.S .C. 3331 . IX. FALSE ST A TEMENTS CONCERNING HIOHWA Y '9IOJECTS In order to assure high QUahty -durable conatruetion an conformity w,th -oved pjans and _c,fiuhOnS -a hogll CN9'ff of rehabohty on statements -represen1at,ona made by -s. contractors, supphers. -work.-s on Feclerll-aod highway proiects. at ,s essential that all -conc:emed - ·• ... • 0 • the project perform their functions as carefully. thoroughly. and honestty u poasible. Willful faJ .. ficat1on. distortion. or m,srepre· 1entation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding NQarding the ..,_ of thesa and somilar acts. the following notice shall be posted on each Federal-aid highway project (23 CFR 6351 in one or more places -. it is readily available to Ill persons concerned with the project: NOTICE TO ALL l'ERSOMEl ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads H follows: "Wlloevr, being an officer. agent. or employ.,, of the United Stata, or of any Stata or Territory, or whoever, whether • person, auociation. firm, or corpon,tion. knowingly malra any fa/u stat-t, false ,_antation, or false repon H to the charKtflr, -'iry, -,,tiry, or cost of the mare,ja/ ,,_ or to be used, or the quanr,ry or QUaliry of the worlt /H'fOrmed or to be performed, or the cost -fin con,,«t,on witrr the submission of plans. maps, sp«1fications, canners. or cents of cor,srruction on .,,Y h,ghway or IWlatrld proiect sut,m,tred for approv-' to the S..:r.tery of Transponation: or ~ knowrngly malces any,_ statemw,r, fats. rr,pn,ser,- rarion. false fflPOrT or r.ls• cam wrrtt reso«t ro the c,,.,.crer, qualiry, quantity, or cost of any worlt perform.,; or ro be per- form«i. or ,,,.,,,,.,.1s fum,sh«J or ro IHI tum,sr,«t. in connection w,th rf'lfl construction of any l"f1/t-Y or related proiecr •pproved by rhe S..:r11tary of Transponar,on; or Wha.ver knowingly makes any false sr•r~fflflf'lt or f•ls• ,,,,,,.. senr•r,on as to marerial !Kt "' any sr•remenr. cen,ticare. or ,wporr submitted po,rs-,t to pro,,_, of trre F«ieral-atd Roads Act approved July 1. 1916. 139 Star. 3551. H •merrded er,d supplemented; Sh•II be fined not more rf'lflr I 10,000 or impnsoned not mar• thlln 5 yurs or both. • X. IMPLEMENTATION OF CLEAN All ACT AND FEDERAL WATER POUUTION CONTIIOL ACT (Applicable to all Federal-aid construcnon contracts -to all related subcontracts of S 100. 000 0< more . I By subm,sa,on of this bod or t"8 executKln of this contract, or IUbcontrect. as •-at•. the bidder . Federal·•ad constructt0n contractor, or subcontractor. u appropnate . will be deemed to have stipulated as follows : 1 . That any facility that ,s or wtll be utilized ,n the performance of thos contract . unless IUch contract ,s uemot under the Clean ..._ Act. n --142 U.S .C. 11157 111111 ·· as --.S by Pub .L. 91-6041 . -..-t"8 Federal Water Pollut,on Control Act, a --(33 U.S .C. 1251 111111 ·· • amended by Pull .L. 92-5001 , ExecutNe 0.. 117311 . -regulataons ,n 1mp-ta- 1,on thereof (40 CFR 151 ,s not lasted . on trie aate of contract award , on the U.S . Enwonmental Pro1ectaon Agency IEPA I Last of Vaola11ng Facll11aes pUrlUant to 40 CFR 15 .20. 2 . That the farm 1111'•• to comolv -rema,n ,n compliance w,th •II the requ,rements of Sect,on 114 of the Clean Aar Act and S.ct,on 3011 of the Federal Water f'ollu1,on Control Act and all r-iaulat,ons and gu,deltnes listed therttundef . 3 . That the firm -promptly no11fy the SHA of the receiclt of anv commun,c;ataon from t"8 Dnctor. ONoce of Federal ActMtleS, EPA , andtcat,ng that a fac:,loty that ,s "' wtll be utll,zed for the lll:QUillED IY 21 CFII O 3 . 1 '2 -l7 • • ..... • .. • • • 0 . lffi~ • I It f contract ia under consideration to be listed on the EPA List of Violating F1c1lit1es . 4 . That the firm agrees to include or cause to be included the requirements of parac,aph 1 thrOUQh 4 of this Section X in every nonexempt subcontract. and further agrees to take such action 11 the government may direct as I means of enforcing such requirements. XI. CERTIFICATION REGARDING DEIARMENT, SUSPENSION. INEUGIUJTY AND VOLUNTARY EXCLUSION 1. lnatJucuaM for CM1iflcaliml • ~ COVWN T,_. Ilona: (Applicable to all Federal-aid contracts · 49 CFR 291 1. By signing and submitting this prol)Oul, the prospective primary panicipant is provtding the certificanon Ht out befow. b. The inabdity of I person to provide the certification Ht out below wtll not necessarily result ,n den.al of participation in tlMs covered transaction. The prospective pamcipant -submit an exp&anation of why it cannot provide the certification set out below. The cert1fic1t1on or explan1tl0n will be consldered ,n connection w,th the department or agency· s determination whether to enter into this transaction. However. fadure of the prospective pnmary part1cit:11nt to furnish a certification or an explanatK>n shall disQualify such a person from part1c1pation 1n thts tranuctK>r,. c:. The cen:1f1cat1or, 1n this clause 1s a mater,al representa- tion of fact uoon whocli reliance was placed when the department or agency determ11,ed to enter into thts tranaac:taon . If it 11 later det-tNlt tt,e pro-ct1ve pnffi¥V partic,pant knowmvlv ,......._.., wroneoua cenlficataon . ,n add1t,on to other remedies ava.._ to tt,e Federal Government. tt,e del)artment o, -ncy mav tenntnat• tt,11 tranuctt0n for cause of default . d . The pro-cm,e pnmary partlCIC)ant ..... provide immedi- ate wrmen notice to the c»oanment or agency to whom ?tits proc,oul os oubmotted if any tome tt,e pro~ primary part1C1 · pant ~ams that its cenrf~t,on wu 91'TOMOUS when IUblnmeo or has become erroneous by reason of cha,,oed carcumatances. e . The terms ·covered transacttan, • "debarred,· ·suspend· ed." ·1ne1i9ible, • ·1o-toer covered transaction." "part,c,pant." ·person,· "pnmary covered transaction,· "pnncipal, • "proposal ,· and ·voluntarily excluded." as und 1n tt111 clauae. have the melf'W'tgS set out ,n the Oefintttans and Coverage sections of ru•s 1mptement1ng Executive Order 12549. You may contact the deoartment or agency to which this proposaj 11 aubm,ned for 11s1st1nce tn obtaining I copy of those r99ulanon1. f. The pro-ctr.,e pnma,y participant.-by IUbmming thos proposal that . should the proposed covered transaction be entered into . 1t shall not knowingly enter into any lower tier covered tr1ns1ct1on with a person who is debarred . suspended. declared 1nelig1ble . or voluntarily excluded from part1c1pat1on 1n this covered tr1nuct1on. unless authorized by the department or agency entering into this tran1act1on. g . The prospective pflm1rv pan1c1p1nt further 191ee1 by subm1n1ng this propo1al that 1t will ,nctude the clauH titled ·cen1f;c1tion Regarding Oeba,ment. Su_....,,,, lneli9tbtMty and Voluntary E.llclus1on ·Lower Tier Covered Tranaac:non, • p,ovtded bv the department or agency entering into this cov•ed tranuc· t1on , without mod1f1catt0n, tn all lower tter covered tranaactt0n.s and ,n 111 sohc1t1t1ons for lo wer tMtr covered tranuctt0na. • ,,. - 0 - h . A participant in I covered transaction may rety upan 1 certrficattan of I prospective partict pant in I lower tier covered transaction that 11 not debarred. suspended, 1nelig1b&e. or votun- tanty excluded from tt,e covered tr-.c:tion. unless it kno-that the certificatton is etroneoua. A p111t1c1pant may decide the rnelllod -'-""v by which it determines the eli9tbdity of it, princ,pala. Each partlCll)ant may. but is not rwquwed ta, check the nonprocurement poman of the "Lists of Parties Excluded From "-• ~t o, Nonprocurement Programs· (Nanpracure- rnent Listi which is c:oml)iled by the G«wal Services Adm1ni1tr1· tion. I. Nothing cont-in the foregoing shall be construed to f9qUirw Htablishment of I system of records in order to render in good faith the certification required by this clause. The knowl· edve -information of participant is not required to exceed that which is normally possessed by I prudent person in the ordinary course of business dealings. j. Except tor transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who i1 suspended, debarred. inelig,bte . or voluntarily excluded from P*"ftClpltion ,n this tranuct,on, tn additmn to other remedies availabte to the Federal Government. the deoan.ment or agency may terminate this tr1n1act1on for cause or default . Ceruflcatian R_.ilng o..m.nt. s.._....... Ineligibility - Voluntary Ex--l'rirna,y Cov-Transactions 1 . The proaoective pnmary part1c1p1nt certifies to the best of rts knowtedge and belief, that it and its pr1nc1pals: 1 . Are not presantty deba<red. suspended. proposed for -....nt. decla<ed onel9ble . or voluntarolv excludeo from coverea tranaacttanS by any Federal ciepartment or agency; b . H-not -., a J·ve• penad preceding this proposal -comnc:ted of or had I crvol JU(lgement rendered against them for .,.,..,.._,, of fra,d or I cnmonal offense 1n connection with obt...,.ng, ffl-""11 to obtain. o, performing I pubhc IF-al. State or local) transact,on or contract under a publtc transaction; vt0lat10n of Federal o, State antitrust statutes or comfflfSIIOn of -· theft. forverv , bribery. fel11fication o, destruction of records, malung f-statements . o, rec:e,vmg stolen pro-1Y; c. Ale not presentty indicted for or otherw•u cr1menafty or cr.,iffy charged by a governmental entity !Federal. State or local) WTth comrnouion af any of the offenses enumerated ,n pa,egraph 1 b of 1h11 certification; and d . Have not Wfthtn a 3 -year penod preceding th11 1pplica- non1proposel had one or mo,e pubhc transactions (Federal. S11te or local) termenated for cause or default . 2 . Where the prospective primary pan1c1p1nt ,s unable to certify to any of the statements ,n this cert1fic1tion. such prospective pan:ic1pant shall attach an explanation to ttws proposal. 2 .............. for Certitlcalion · Low• Tier COVWM Tranuc· Ilona: C~ to al sullcontracts. purchau orders and other - t,.. transec:toona of 125.000 o, more -49 CFR 291 REQUIRED IY 21 CFR ,11 .102 ·21· •. .. • • • , - • a. By si9ning and subm1nong this proposal. the prospective lower tter is providing the cert1ficatt0n set out below . b . The certification ,n this clause is a material representa- tion of fact upon whtch reliance was placed when this transactton was entered into . If ,t 11 later determined that the prospective lower tier participant knowingly rendered an erroneous cert1ficah0n, in addtuon to other remedies avadabte to the Federal Government. the department. or agency with which th11 transac- tion onginated may pur-av ... _ remedies. including suspen- soon and/or debarment . c . The pro-ctn,a lo-t.., part,cil)ant shall provide immediate wrinen notice to the person to which this proposal is submitted if at any time the pro-cthle lo-tier participant leans that ,ts cen1ficat1on was erroneous by reason of ch11nged circumstances. d . The terms -co-ed transaction,· "debaffed. • "su-,,d- ed. • ·ineligible,• •primary covered transaction,· ·pan,cipant, • ·person.· ·pnncipal. • •proposal.· and ·volunterdy excluded.· as used in tta.1 cl.use, have the meanmgs set out ,n the Defin,tions and Coverage sections of rules 1mplement1ng Executive Order 12549. You may contact the person to which this propos1a is SUbmltted f or ass.stance in obtam1ng a copy of those reguaat1ons. e . The pro5')8ctrve lower tter participant agrees by submit- flf'IQ th11 proposal t hat. should the proposed covered transaction be entered into. it shall not knowingly enter ,nto any lower tier covefed transaction with I person who 11 debarred. suspended, declared 1neiig1bi1 , or voluntarily excluded f rom pan1c1p1t1on 1n this covered transaction, unless 11uthorized by tMI depanment or agency with which tt11s tr1nuct1on ong1nated. f . The prosc,ect1ve k>wer uer pan1c 1oant further agrffs by subm1n1ng ttvs prooosal that 1t wdl include ttvs dauM t1t6ed "Cart1f1cat,on Re9a<d1ng Debarment. Su-sion. lnelt91bolitv - VohJntary E.xck.Jst0n -Lower Tier Covered Tranncttan, • without moo1ticatt0n, in all k>wer ner covered transactM>nS and in all sotic1tat1ons f or lower tter covered transactions . ;. A participant ,n I covered transacttan m1v r .. v upon I eert1fic1t1on of a prospective part1c ,oant 1n a lower bar cov.ad transacttan that 11 not de~ed. suspended. 1netlg1b ... or volun- taffly ••duded from the covered tran&Ktion, UfWU ,t knows that the cert1ficat1on 11 erroneous . A pan1c1p1nt may decide the method and frequency by whoct\ 1t determines tlle .. 191bolitv of its pnnc,pals. Each participant mav. but 1s not reQUnd to. checl< the Nonprocurement List . h . Nottw,g com-,n the tor_,ng shall be construed to requwe e1tabfisnment of I syst em of records ,n order to render in good f a,tn tlle cert1f 1cation requweel b y this clause . The t,nowl- edQe .,., information of panic fl)ant ,s not reqund to Hceed that wntch 11 normally possessed by a prudent person m the ordinary course of bus,ness deahngs I. Ex ceot for transactions 1ut00f1zed undef o•avr•P" • of these 1n1truct1ons. if • part1c 1p1nt 1n a covered trannctton know,ngly ent ers int o I lo w tr ue, covered tranaact 1on wnh a perso n w ho 11 suspended. debarred , ,nehg 1b te , or voluntarily ••e luded from S)¥?1c1s,at10n in thts transacttan. in addroon to other remedies av .. laole to tne Federal Government. t he department o r agency w ith w h,ch this tr ansactton originated may pursue avadaote remedtes . 1nclu<J 1ng su1pe:n 51o n and /or debarment . Cenlflc.i-,..._ding~. 5u__.,,..........., encl V-a,y bctuslon-·low• r.., c-ed T,_...•: • 0 • 1 . The prospective lower t ier partic ipant certifies. by submis- sion of this proposal , that neither ,t nor its principals 11 presently debarred, suspended. proposed for debarment. declared ineligible. or voluntardy excluded f rom part1c1pat1on ,n this tranuct1on by any Federal department or agency . 2 . Where the prospective lowM tier participant ,s unaole to cen,fy to •nv of the statements ,n this cert1ficat1on. such prospective participant shaU attach an explanation to th11 proposal . xn . CERTIFlCA TION IIEGARDIIIG USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to au Federal-ltd construction contracts and to all related subcontracts which exceed $100,000 -49 CFR 201 1 . The prospect ive participant certifies. by signing and submrt- t&ng thas btd or proposai. to the best of his or her knowlecge and belief . that: a . No Federal 1ppropnated funds have been paid o r N ill be paid, by or on behalf of the unders19ned. to any person for ,nfluenc1n; or attempting to ,nttuenee an officer or emplo yee of any Federal agency. a Member of Congress. an officer or emcloy- ee of Congress . or an employee of a Member of Congress 1n connectH>n with the awarding of any Federal contract, the making of any Federal grant. me making of any Federal loan . the entering ,nto of any coooerat1ve 11;reement, and the extension, cont1nu1- t1on , renewal . amendment. or modification of any Federal contract. i,rant. loan. or cooperative agreement. b . II any luncls other than F-al -opnated funcis ~ave been pltd or w,n be patd to any person for ,nttuenc,ng or attemcn- ,ng to influence an officer or employee of any Federal agency . a Me-of Congress . an office, o, employN of Congress. or an employN of a Member of Congreu 1n connection w1tn t his Feoeral contract. o,ant , loan. or cooperative ag,Nment. the underSIQned shall complete -submtt Slanclard Form-LLL , ·011ctosur1 Form to Flepon Lobbying,.. 1n accordance with its 1n1truct1on1. 2 . This cert1f ic1tton 11 • matenat repreuntat1on of fact uoon which reliance was placed when this transact,c,r, was maoe or entered into. Submtaslon of this certificanon •s a orerequ,s,te for making or entering into this transaction ,mDOaed by 31 U.S .C. 1352. Any -.on who f• to file the requ,red c ert1ficat1on snail be sub1ect to a c 1v1I penalty of not less than S 1 0 .000 1nd not more t han S 100.000 f or each such fadure . 3 . The --pan1c,pam allo •-by subm1n,n9 his or ~ bod or proposal that lie o, -sllall requ,re t hat t he language of t h11 cert1f1cation be included .n .,. lower tter subcontract s, which ••ceed Sl00.000 and that 1 11 s uch recipients snail c ertify and d 11close accora1nglv REC~:K!~ av 2) CFR 'l) l02 -2'- • ...... " - • • • 0 , • • ·, - ADDENDUM A; FEDERAL REQUIREMENTS Federal laws and regulations that may be applicable to the Work include: A. The "Unifonn Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Common Rule), at 49 Code of Federal Regulations, Part 18, except to the extent that other applicable fedenl requirements (including the provisions of 23 CFR Parts 172 or 633 or 635) are more specific than provisions of Part 18 and therefore sapenede such Part 18 provisions. The requirements of 49 CFR 18 include, without limitation: I) the Local Agency/Contractor shall follow applicable procurement procedures, as required by section 18.36( d); 2) the Local Agency/Contractor shall request and obtain prior COOT approval of changes to any subcontracts in the manner, and to the extent required by, applicable provisions of section 18 .30 ; 3) the Local Agency/Contractor shall comply with section 18.37 concerning any subgrants: 4) to expedite any COOT approval, the Local Agency /Contractor's anomey, or other authorized representative, shall also submit a lener to COOT certifying Local Agency/Contractor compliance with section 18 .30 change order procedures, and with 18.36(d) procurement procedures, and \\-1th 18.37 subgrant procedures, as applicable; 5) the Local Agency/Contractor shall incorporate the specific contract provisions described in 18.36(i) (which are also deemed incorporated herein) into any subcontract(s) for such services as terms and conditions of those subcontracts. B. Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity." as amended by Executive Order 11375 of October 13. 1967 and as supplemented in Department of Labor regulations ( 41 CFR Chapter 60) (All construction contracts awarded in excess of S 10,000 by grantees and their contractors or subgrantees). C. The Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and subgrants for construction or repair). D. The Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor regulations (29 CFR Part 5) (Construction contracts in excess ofS2,000 awarded by grantees and subgrantees when required by Federal grant program legislation . This act requires that all laborers and mechanics employed by contractors or sub-contractors to work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor). E. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(.W U .S .C. 3:!7-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and subgrantees in excess of S2.000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers). F. Standards, orders. or requirements issued under section 306 of the Clear Air Act (42 U.S .C. I 857(h), section 508 of the Clean Water Act (33 U.S .C. 1368). Executive Order 11738, and Envirorunental -3 0- ,,_ .. • • 0 , • • • I• • (, Protection Agency regulations ( 40 CFR Part 15 ) ( contracts, subcontracts, and subgrants of amounts in excess ofSI00,000). G. Mandatory standards and policies relating to energy efficiency which arc 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 95-454 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-assisted programs. J. 42 USC 6101 ~ 42 USC 2000d, 29 USC 794, and implementing regulation, 45 C.F.R. Part 80 CL.Kg.. These acts require that no person shall, on the grounds of race, color, national origin, age, or handicap, be excluded &om panicipation in or be subjected to discrimination in any program or activity funded, in whole or pan, by federal funds ; K. The Americans with Disabilities Act (Public Law 101-336; 42 USC 12101. 12102, 12111-12117, 12131-12134, 12141-12150. 12161-12165 , 12181-12189 , 12201-12213 47 USC 225 and 47 USC 611. L. The Uniform Relocation Assistance and Real Property Acquisition Policies Act. as amended (Public Law91-646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the contraetor is acquiring real property and displacing households or businesses in the performance of this contraet.) M. The Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 ~- N. The Age Discrimination Act of 1975 , 42 U.S.C. Sections 6101 '1...sQ. and its implementing regulation, 45 C.F .R. Part 91 ; Section 504 of the Rehabilitation Act of 1973, 29 U.S .C. 794, as amended, and implementing regulation 45 C.F.R. Part 84. 0 . 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts". P. 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal-Aid Construction Contracts". Q . 23 C.F .R. Part 635, concerning "Construction and Maintenance Provisions". R. Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973 . The requirements for which are shown in the Nondiscrimination Provisions. which arc anached hereto and made a part hereof. -31- •. .. 0 • • I -• • • APRIL 1980 Nondiscrimination Provisions: 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. Compliance with Re&Jliations The Contractor will comply with the Regulations of the Department ofTransponation 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 . Nondjscrimjpation 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 21.5 of the Regulations. including employment practices when the contract covers a program set forth in Appendix C of the Regulations . C. Solicitations for Subconttacts Includio& Procurement of Materials and Egujpmem 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 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, metal or physical handicap or national origin. D. lnformatjon and Reports The Contractor will provide all information and reports required by the Regulations. or orders and instructions issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State or the FHW A to be pertinent to ascertain compliance with such Regulations. orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHW A as appropriate and shall set forth what efforts have been made to obtain the information . page I of 2 pages -32 - ' ( •· • 0 , ~• ]- - • • • '· 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 as 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 Contractor complies, and/or; (2) Cancellation, termination or suspension of the contract. in whole or in part. F. lncoQX>Jlltion of Prpyisions The Contractor will include the provisions of paragraphs A through F in every subcontract, including procurancat of materials and leases of equipment. unless exempt by the Regulations, orders, or inslnlctions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State or the FHW A may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that. in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Conttactor may request the Staie to enter into such litigation to protect the interest of the Staie and in addition, the Contractor may request the FHW A to enter into such litigation to protect the interests of the United States. page 2 of 2 pages -33- .. • • 0 , - ]- • • • . . A TI ACHMENT LO Ccmftc;ation for Ecdcnl:Aid CQDtqcg The conttactor certifies, by signing this contract, to the best of its knowledge and belief, that: (I) No Federal appropriated funds have been paid or will be paid, by or on behalf or the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Fcdcral loan, the entering into of any c:oopcrative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a marerial representation of fact upon which reliance was placed when this ttansaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Tide 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of nol less than S l 0,000 and not more than S l 00 ,000 for each such failure . The prospective participant also agree by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly . Required by 23 CFR 635.l 12 -34- ------ .. • • 0 I -• ,,,_ • t~ • ' .. APPENDIXB DISADVANTAGED BUSlNESS ENTERPRISE (DBE) SECTION I. ~ lt is the policy of the Colorado Dcparttnent of Transportation (COOT) that disadvantaged business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement, pursuant to 49 CFR Part 23 . Consequently, the 49 CFR Part IE DBE requirements the Colorado Departtnent of Transportation DBE Program (or a Local Agency DBE Program approved in advance by the State) apply to this agreement. SECTION 2. DBE ObHaation The recipient or its contractor agrees to ensure that disadvantaged business enterprises as determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all participants or contractors shall take all necessary and reasonable steps in accordance with the COOT DBE program (or a Local Agency DBE Program approved in advance by the State) to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contraetors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of COOT assisted contracts. SECTION 3 DBE Promro The contractor (subrecipient) shall be responsible for oblllininK the Disadvantaged Business Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall comply with the applicable provisions of the program. (If applicable). A copy of the DBE Program is available from: Business Programs Office Colorado Department of Transportation 4201 East Arkansas Avenue, Room 287 Denver. Colorado 80222-3400 Phone : (303 )757 -9:234 and will be mailed to the contractor upon request . revised I _2/98 -35 - Required by 49 CFR Pan 23 .41 • . .. •· • 0 : ''It t f - • • • • • <. ADDENDUM B: CONTRACT MODIFICATION TOOLS The Local Agency and the State may use one or all of the following Conttact Modification Tools, in order to more expeditiously change and amend the terms of this contract, if such use is warranted by the circumstances as described and authorized therein. A CHANGE ORDER. Bilateral changes within the general scope of the contract, as defined above, may be executed using the simplified change order letter process described in this paragraph and the sample letter attached for any of the following reasons : a. Where the agreed changes result in no adjustment to the [price] [ceiling cost], delivery schedule, or other terms and conditions of the contract. The change letter will contain a mutual release of claims for adjustment of price, cost, time for performance, or other terms and conditions, whether based on costs of changed work or direct or indirect impacts on unchanged work, as a result of the change; or b. Where the changes to the conttact are priced based on the unit prices to be paid for the goods or services in [Exhibit_] [Attachment_] of the contract; or c . Where the changes to the conttact are priced based on established catalog prices generally extended to the public: The written change letter will be substantially in the form at Exhibit __ , must bear the signature of the authorized agency official. the contractor, and~cept where the parties agree on the face of the change order that no price/cost, schedule, or other contract adjustments are due the comractor-the Swe Controller or his designcc. The change order letter shall refer to the basic conttaet and include a detailed description of the changes to the contract, the price or cost ceiling adjusanent, the effective date, and (where applicable) the time within which the changed work must be done . B. FUNDlNG LETIER . Under this Conttact. the Local Agency has agreed to provide funding based on the terms as described herein as needed to satisfactorily perform and complete the work, subject to the availability of funding . Funds are currently available and encumbered for the work in the amount specified above . However, the total cost to complete the work , and the resultina total funding amount(s) to be provided by the State and Local Agency in exchange therefor, u described in this Contract or ochawise made known to the local Agency , are only estimated. -36- • .. • • 0 , • • • .. If the parties determine that they have underestimated/overestimated these 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 Lener will be in a form substantially equivalent to that in Exhibit A and it shall not be deemed valid until it shall have been signed by the Local Agency and approved by the State Controller or such assistant as be may designate. c Task Order COOT may order the performance of additional Work within the Scope by issuing a Task Order Lener to the Contractor, as follows : a. After consultation with CDOT, the Contractor shall prepare a Scope proposal for additional Work (or "Task Proposal"). Each proposal shall identify: the particular tasks to be performed. as well as the time for that performance ; and the maximum compensation that the State shall be obligated to pay for the satisfactory performance and completion of the Work in that proposal, using the same cost rates/structure as contained in the Contract. The Task Proposal shall reference this original Contract between the parties . b. Each proposal shall be as negotiated and agreed by the parties . The Contractor shall submit that proposal to the Department. all in a form acceptable to the Department. c . If the State desires the contractor to perform the Work proposal , a Task Order Lener in the form attached as Appendix H shall be prepared and signed by the parties . Perfon:nance of the Work, and payment for that work, shall be governed by the standards and procedures set forth in the UPWP and this Contract. d . Upon such negotiation and agreement by the parties. and upon execution of the Task Order Letter, the contractor warrants that performance will be successfully completed within the time and (price] [cost ceiling] identified in the Task Order. The State's financial commitment memorialized by the Task Order Lener shall not be effective until signed by the Controller or such assistant as he ma y designate . e. The maximum amount for all tasks/services identified in a proposal shall not exceed the maximum amount described in that proposal. The State's financial obligation for a particular proposal is limited by that amount , and the contractor shall accept no Task Orders which result in a cumulative proposal value which exceeds the "not to exceed" value . Upon proper execution and approval , this letter shall become an amendment to this Agreement and, except for the General and Special Provisions of the Agreement, the letter shall supersede the Agreement in the event of a conflic t between the two . -37- • . •· • r - • • • ~- • ,~ . • . <. The Contractor shall not commence work to be performed under each Work Scope proposal until the date specified by the Department in the Task Order letter, and the Contractor shall complete same by the date specified in the proposal, unless the time thereof is extended. -38 - ------ • • • 0 I .... ,. > I ] • • 0 ,~ • ' Appendix : Work Change Order Letter Date : State Fiscal Year 1998-99 Change Order Letter No. __ _ In accordance with Paragraph __ of contract routing number__, between the State of Colorado Department of Transportation and [Contractor] covering the period of 1997 through , the undersigned agree that the Work Scope/Schedule/Plan affected by this change letter are modified as follows : The Work Scope/Schedule/Plan is amended by--------------------(describe change). Price/Cost The maximum amount payable by COOT for the Work as described in Paragraph __ is (jncrea,sed/decreased) by ($ amount of chan11e) to a new total of($ ), based on the pricing/cost in the Contract. That Paragraph is hereby modified accordingly ; OR The panics agree that the changes made herein are "no cost" changes and shall not be the basis for claims for adjustment to [price] [cost ceiling], or other terms or conditions of the contract. The panics waive and release each other from any claims or demands for adjustment to the contract, including but not limited to price, cost. and schedule, whether based on costs of changed work or direct or indirect impacts on unchanged work . Controller approval of this "no cost" change is not required. Contractor initials . COOT initials . Upon proper execution and approval , this letter shall become an amendment to this Agreement and. except for the General and Special Provisions of the Agreement, the letter shall supersede the Agreement in the event of a conflict between the two . Thi s chan g e to the contract is intended to be effective as of , bUL except wjth respect to "no cost " chan11es identified above io no event shall it be deemed valid until it shall have been ilPProved by the State Controller or such assistant as he mav desi11nate . Please sign , date , and return all copies of this letter on or before ------19 __ . -39- ~ {,,~ • I • t l • . •· • 0 ' • ,. - ' . • • · ... • . ' Contractor Name: State of Colorado: Roy Romer, Governor By : _______ _ Name _______ _ Title ______ _ By : ________ _ For the Executive Director Colorado Depanment of Transportation APPROVALS: FOR THE STATE CONTROLLER Clifford W. Hall By : By: _______ _ For COOT State Controller or Designee • • 0 -40- f ,,,,, I ]- • Date: ---------- State Fiscal Year 1998-99 Task Order Lener No . • ,, - • - '· Appendix : Task Order Letter In accordance with Paragraph __ of contract routing nwnber __ , between the State of Colorado for the use and benefit of its Department of Transponation and [Contractor] covering the period of 19 _ through 19 _ the undersigned agree that the services affected by this Task Order Lener are ordered/modified as follows: Task Order Description The contractor shall perform the task in accordance with [the following specifications/statement of work] [the contractor's Task Proposal dated , as amended by amended Task Proposal dated , both of which are hereby incorporated by reference]. Price/Cost The [price] [maximwn amount payable by the State] for ____ _..(SCP'. ........ i..,cer.1) _________ _ described above __ is (S ) for a new contract total of( .• $ __ _,). Performance Period . The contractor will complete the performance in this Task Order by _______ [date]. This Task Order is executed pursuant to paragraph __ of the original Contract. The parties agree that all work shall be performed according to the standards and terms set forth in the original Contract. In the event of any conflict or inconsistency between this amendment and the original Contract, such conflict or inconsistency shall be resolved by reference to these documents in the following order: Special Provisions, original Contract, attachments/exhibits to the original Contract, this Task Order Lener, attachments/exhibits to this Task Order Lener, then Task Order Proposal . -41- ------ • . .. •· • 0 l • -• Iii - • • ., <. .... This Task Order is effective as of . In PP rn;nt shall it be dc;crncd yaljd untjJ it shall have been groved by the swc Controller or such mimw as he may PIIJMC· Contractor Name : By: _______ _ Name _______ _ Tide ______ _ APPROVALS: FOR THE STA TE CONTROLLER Clifford W. Hall By: _______ _ State Controller or Designee State of Colorado: Roy Romer, Governor By: ________ _ For the Executive Dilec:tor Colorado Department ofTransponation -42- • . ' .. J • • 0 f o~~ I ]- • ... • • I • • ' PRE-CONSTRUCTION ADMINISTRATION CHECKLIST Region: Project Code t:_.1.1.9.9.9"--~~~~~~~ Local Aqency:....liE~n~g~lweuvuo~o~d..._~~~~~~ Design Pr~ject Managf!!r: Gary Huner Resident Engineer=~~~~~~~~~ Project t: STU 2854-071 Location: Broadway· us2ss to YaJe Description: Ki4en for raised m,edian The following checklist shall be utilized to establish the PRE-CONSTRUCTION ADMINISTRATION CHECKLIST responsibilities of the individual parties to this agreement. RESPONSIBLE PARTY lfll.. DESCRIPTION OF TASK l. Transportation Improvement Program(T.I.P.) 2. De::;.i.gn Data (COOT Form f463) ....................... . _L_ 3 . Funding Authorization .•.............................. ~ 4. LA/COOT Proj~ct Agreement .......................... . _L_ _L_ ,. ~ 5. Utility, Railroad, and Consultant Agreements ....... . _L_ ___lW_.. 6. Consultant Selection ............................... . _L_ ~ 7. Field Inspection Review (FIR) ...................... . _L_ IL Public Hearings ...............•..................... _L_ 9. Environmental Processes ............................ . ~ 10 . Design Approval .................................... . _L_ 11. Final Office Review (FOR) ......•.......•............ _L_ 12. Force Account Justification ......................... _L_ 13. Proprietary Item Justification _L_ 14 . Davis-Bacon Wage Rates <. . .X....Yes ~Nol ............... . _L_ 15. Des i gn Except i ons ....................•.............. _L_ • . . .. •· • 0 , ,, I ]- - • • • • •, • '· RESPONSIBLE PARTY NO DESCRIPTION Of TASK 16. Rights-of Way •••.•.•••••••••.••••••.•••.••••.••••••• t7 . Plans, Specifications and Construction Cost F.stim~tes 18. EEO/DBE Requirements ••...•....•..•...•...........••. 19. Aovertising Less Than Three Weeks .................. . 20 . LA Ad and Award .................................... . 21. Construction Administration •........................ ___ Preliminary Checklist ____ Revised Checklist ~Final Checklist eAuthorization by COOT Date: ____ _ Date: ____ _ Date: 3/2/98 *Requires FHWA concurrence/involvement. 04/29/96 ~ .MiEIICI ~ ~ ~ ~ ~ ~ ~ ~ ' . ... • . . • 0 I 'l'l I • • • 0 - CQNSTRQCTIQN CQNTRAC~lllNISTBATION CHECK LIST Page 1 CDOT Region: Local Agency: Englewood COOT Design Project Manager: Gross/Huber Local Agency Project Manaqer:_B.u;k Kahln CDOT aasidant llnginaar: Larry McKenzie Project Code (SA#) : ~ Project No.: STU 2854-071 Location: Broadway: us2ss to Yale Description: Widen Broadway The following check list shall be utilized to establish the CONSTRQC'l'ION CQIITRACT ADMINISTBATION responsibilities of the individual parties to this agreement. TD CBKClt LIST SHALL BE INCORPORATED INTO TD D1TITY AGRBBMBNT AT PROJSCT IRCZPTION. TD CBBClt LIST SHALL BE PREPARED BY PLACING AN X OHDBR T1IB RESPONSIBLE AGDCY, OPPOSITE DCB 01' THE TASKS LISTED DLOlf. Nhen CDOT 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. IIDJI DITDR CDOT NOR THE LOCAL ACDCY WILL BB RESPONSIBLZ FOR A PARTICULAR TASlt, NON-APPLICABLB (!IA) SHALL BB PLACBD mmn BOTH AGBNCIES AND AN SXPLARATION or WHY DITBER AGDCY IS RESPONSIBLS SHALL BE INCLUDED. TASKS WHICH WILL BB PBlll'OaNED BY IIBADQOARTBRS STAIT WILL BE SO INDICATBD. Tim REGIONS, IH ACCORDANCS WITH ESTABLISIIBD POLICIES AIU) PROCBDOR&S WIISlf APPLICABLZ, SHALL DBTBNIID WBO WILL PBRJ'ORN ALL OTDR TASKS WBICB ARB TD RESPONSIBILITY or CDOT. Tim DESIGN PROJECT MANAGER SHALL ROTil'Y TD APPROPRIATE RESIDDT DGIIR&R, AND THOSE ON TD NINIKCM 0ISTRIBOTIOl1 LIST BBLOlf, or FIELD IHSPBCTIOl1 REVIEWS (I'. I. R. ) AND FINAL Off I CS REVI&lfS (I'. 0. R. ) FOR ALL L. A. PROJJ:CTS. II' A CBEClt LIST WAS NOT INCORPORATED INTO TD ORIGIBL PROJECT AGRBmcnrr OR TD CONSTRUCTION CONTRACT ADNINISTltA.TION RBSPOIISIBILITIBS RAVI: CHARGED TBZ FOLLOWING PROCEDURES SHALL BB OSEI>: A preliminary check list shall be prepared, by the COOT Project Manager, prior to the F.I.R. and submitted to the Region Construction Engineer (RCE) with the F.I.R. notice. If Contract Administration responsibilities are changed aft.er the F.I.R., the COOT Project Manager, shall prepare a revised check list and distribute copies . The COOT Project Manager shall prepare the FINAL check list prior to the F.O.R. and submit copies to all persons receivill<J the F.O.R . notice. The minimum distribut ion list is shown below. X PRELIMINARY CHECK LIST -DATE------- REVISED CBJ!:Clt LIST FINAL CBBClt LIST -DATE ------- -DATE ~03/02/98~ COPY: CDOT PN LA PN/PI! COOT RC& CDOT aNE COOT U/H UVISlm 10/1'/H •. •· • 0 ' -• • • <. CONTRACT A12MllfISTRATION CHECK LIST l?AGE 2 "' - ** R&SPOIISIBLS PARTY MX:1,11 1IL. QISCRIP"rIQK QI' TASg l. 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 Region Oe3ign Project Manager) This project is exempt from O~vis-Bacon requirements as determined by the functional classification of the project location. (Note: Projecr.s located on local roads and rural minor collectors may be exempt.) Not Exempt COOT Design P r-o-,j-e-c'"'t--=M-=-a-n_a_g_e_r 3/02/98 --Date -- 4. Advertise for bids/open bids. (COOT Construction Contracts Unit, Staff Design Branch, when COOT is responsible.) IGIBCX _x...._ 5. Distribute "bid set" of plans and specifications _x...._ to the person re3ponsiblc ~or 3howing the project. (COOT Printing and Visual Communications Center, Division of Buman 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.) _x...._ ** NOTE : Only one responsible party should be selected. If both are selected, a supplemental agreement specifying what task details are the responsibility of each party ~hall be attached to the Check I ~st. Wheu CDOT i~ responitible or co-responsible by uption, the method of the Local Agency's roimbursement for COOT'~ costs must be established by an attached memorandum of understanding (HOU). _x...._ RKVI&al> 10/11/91 •· • 0 -• • t• • (, CONTRACT ADMINISTRATION CHECK LIST PAGE 3 "'~ ** R&SPOIISIBL& PARTY ~ JH2... QISCRIPTIQN or TASK 7. Determine compliance with oag requirements before the Contract is awacded: a. Check COOT Form 1715 -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) b. Evaluate COOT Form 1718 -DBE Good Faith Effort Documentation, and determine if the Contractor has made a good faith effort when the low bidder docs not meet DBE goals. (COOT Business Programs Office) c. Approve/disapprove award of Contract by completing COOT Form 1719 -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 Con~racts Unit, Sta.fr Design Branch, when COOT .is responsiblA. ) AGACX CKrr 10. Distribute 10 [number: minimum of six (6)] . ....X.... ** "award sets" of plans and specifications to COOT Reqion Resident Engineer. (Further distribution will then be made to the Region Construction Engineer (RCE), COOT Staff Construction, COOT Staff Materials, and 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 .) NO'l'E: Only one r~sponsible party ::should be selected. Refer tu page 2 for .additio11i:1.l .infoL·mi:l.tion. ----~ -,____ UVISKD 10/16/96 • - •· • 0 , • • • CONTRACT ADMINISTRATION CHECK LIST PAGE 4 ** RZSPONSIBL& PARTY LOCAL PISCRIPTIQI QI' 'fASK Issue "Notice to Proceed" to the Contractor. (COOT Construction Contracts Unit, Staff Design Branch, when COOT is responsible.) Conferences: a. Preconstruction (Request P~e-construction packet of information from Region EEO 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 Supervision of construction: a. Professional Engineer (PE) registered . in Colorado, who will be •in responsible charge of construction supervision#. Chuck Estarly.P,I, * 762-2soo Local Agency PE Phone number *To be delegated to LA Consultant b . Develop and distribute public notice of planned construction to the medi a and local res i dents . Only one rH s ponsibl e party should be select~d . Refer to page 2 for addi t i ona l information. AGlffCX ~ UVIDD 10/11/H • . .. •· • 0 , I - - • • • • CONTRACT ADMINISTRATION CHECK LIST PAGE 5 ** USPOIISIBLK PARTY ~ Jl2... QISCIUPTIOH or TASI AGQCX ~ 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 COOT Operating Manuals for guid~nce and assistance -Local Agency Construction Manual, COOT Construction Manual, CDOT Field Materials Manual, COOT Survey Manual, CDOT Standard Plans, CDOT Erosion Control Manual, COOT Davis-Bacon Manual.) 1) COOT Form t205 -Sublet Permit Application: (a) Check COOT Form t713 -Contractor DBE Subcontract, Supply and Service Cont~act Statement. Sign Form 1205 if Form 1713 is complete. (COOT Region EEO Administrative Program Specialist) ..JL (bl Check and sign approval of Form t205 ..JL after Form 1713 has been checked by the Region EEO Administrative Program Sper.ialist. ( 2) Constr~ction inspection including c~lculations, measurements, and documentation of interim and final pay quantities. ( 3) Conduct Coolractor/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 FllWA Form 1273) (COOT Region EEO Administrative Program Specialist) ..JL NOTE : Only one raopo~oible party should be ~elected. Refer to page 2 for additional information. UVIS&D 10/16/96 --~---~--- . ' • . .. .i •· • 0 l -• "'~ • f ~ • ' CONTRACT ADMINISTRATION CHECK LIST PAGE 6 ** RZSPONSIBLK PARTY ~ im... PISQUP'l'ION or TASK Mll<:X gm ** ( 4) Notify CUOT Region E~O Administrative ~ Program Specialist and request asslstance for all EEO/DBE/OJT/ Davi:i-sacon que:ition:i or concerns. ( 5) Complete and ~ubmit to the COOT Region EF.O Administrative Progr.am Specialist, the required number of CDOT Form t280 - Equal Employment Opportunity and Labor Compliance Verification. ( 6) Monitor DBE participation to ensure compliance with the "Commet'cially U:ieful Function" requirement::. ( 7) Complete and submit to the CDO'l' Region ~ EEO Administrative program Specialist, the applicable number CDOT Form t200 - OJT Training Questionnaire, when project utilizes OJTs. ( 8) Check certified payrolls to verify . . ~ Contractor/subcontractors are in compliancA with Contract requirements. The checking shall be completed by prujtict ptirsonnel trained lo payroll checking. (Contact the Region EF.O Admini:itrative Program ~peciali:it for training requirements.) ( 9) Coordinate submittals by Contractor ~ and all subcontractors of FH"~A 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 . HOTJ:: Only one re::i£,Juu::iiiJle party should Uti ::ieh,cted . Refer to page 2 for additional inform~tion. llSVI&m> 10/11/91 ...... • ... •· • 0 I I -• • , . • ,, CONTRACT ADMINISTRATION CHECK LIST PAGE 7 ** R&SPONSIBLS PARTY ~ IK2... QISCBIP'.'fIQN or 'QSI AGS&!JCX ~ ** (10) Materials: (a) COOT Form t250 - Materials Documentation Record: I) Fill out and distribute COOT Form t250 before the Contractor commences work. (COOT Region Materials Engineer when COOT is responsible.) II) Complete Form t250 after work i3 completed di3trihute per instructions in COOT Materials Manual. (bl Approve changes to typical section _JL. (c) Oe•,elopment, Checking, and Design mix approvals: I) Concrete II) Hot. Bituminous Pavement. (HBP). (d) Accepi:.ance of manufactured products. _JC _. (c) Inspecting f.ibric:ition of :it.ructural ~'L steel and prestressed concrete structural components . (fl Inspecting fabrication of bearing ~- devices. (g) Laboratory Check testing _x._ (h) Acceptance testing _x._ (I) Independent assurance testing (Region Materials Laboratory will develop, complete, and distribute COOT Fuun f379 -Project Ind1:1ptrndent Asiiuram.:e Sampling Sd11:1<.lul1:1.) IIOTS: Only one responsible party should be selected. Refer to page 2 for additional information. _x._ _x._ OVID!) 10/U/H • I • • 0 r ~,, I ]- • • • CONTRACT ADMINISTRATION CHECK LIST 1:'AGE A ** llZS'PO.iSIBLI: PARTY ~ IH2... Pl$<:BIPTION Of TASK AGJNCX Q2m ** (11) Approve sources of materials (12) Approve shop drawings (13) Perform Traffic Control Inspections (14) Approve traffic signal ~quipment (15) Construction surveying (16) ROW monumentation (17) Prepare, approve and sign vouchers for interim and final Contractor pay estimates. (COOT RE if CDOT is responsible.) Provide the name(s) and phone number(s) of The person(s) authorized for this task. 762-2503 Rick Kahm LA Administrator Phone Number LAPE Phone Number (18) Prepare, approve and sign vouchers for interim and final Utility Company billings for utility relocation work. (19) Prepare and authorize CDCT Form f94 -Minor Contract Revision (MCR) and COOT Form t90 -Contract Modification Order (CMO) (20) Approve MCRs and CMOS (21) Approve Federal-Aid funding for MCRs/CMOs. (22) Monitor project financial status and subm.i.i: monthly in a format acceptable to the Regiuu, such as COOT Form t65 - Project Financial Status R3port. NOTI:: Only one responsible party should be selected. Refer to page l for additional inform&tion. -1L -1L -1L llSVISSD 1011,11, • . .. .. •· • 0 ' -• 0 t• • (. ~ISTRATION CHECK LIST l:'AG~ 9 ** RBSPOHSIBLK PARTY ~ Im.... Dl!:SCRil,>'rIQM Of TASK (23) P.cepare and submit monthly progress reports to the Region Construction Engineer: CDOT Form tllOa -Status of Active Construction Projects, and CDOT Form t517a -Status of Construction P~oject Finals. (24) Contractor claims/dispute resolution .. Local Agency must follow CDOT procedures unless Section 105.17 of the Standard Specifications i3 modified hy ~ Project Special Provision. ALL contracts 11t for bid by the LQc;al Aqanc;y s!;.;11 contain a projec;t spec;ial provision ramoving CDQT from. the resolution proc;1ss 14. Make monthly progress and final payments to the Contractor for completed work. (CDOT Center for Accounting, Division of Human Resources anct Administration when CDOT is responsible.) AGUCX ~ ~ ~ 15. Make monthly progress and final payments to . . ~ Utility Companies for completed utility relo\;allon work. (CDOT Center for.: Accounting, Divisicn of numan Resources and Jl.dministration when CUUT i= responsible.) 16. Conduct routine. random, project reviews . . . . ~ ** to ensure the project is being administered in accordance witll the terms of the construction Contract and the approved project specific agreement b~tween COOT and the local agency. Provide the name and phone number of the person responsible for this task. Chuck Esterly,P,E, * 762-2soo Local Agency PE Phone number *To be delegated to LA Consultant IIOTE: Only one responsible party should be selected. Refer to pdge 2 for additiunal information. UVISSD 10/U/H .,, - • . .. ., •· • , -• 0 ,~ - CONTRACT ADMINISTRATION CHECK LIST PA(;~ 10 "'~ ,,. USPONSIBLI: PARTY ~ m... PISCRIP'r.-CON or TASK 17. Joint F a WA/CDO'r Quality Assurance (QA) Review Teams will conduct random project reviews in accordance with COOT's Stewardship Plan. (COOT staff Constructi on & Matcri~l~) 18. Conduct final project inspection, complete and submit cnnT Form tl212a -Final ~~ceptance Report. CDO~ Resident Engineer with mandatory LA participation. 19. Final pro j ect acceptance, write final project acceptance letter and di3t ributa per procedures in the Constrnr.tion Manual. 20. Adverti~e fur final settlement. (COOT Staff Construction when COOT is responsible .) 21 . Prepare a n d di3tribute f i nal "a:; constructed" plans per procedures in the Construction Manual . 22. Check fina .!. q,.,an t i t .i.1:1::1, final plans and the final pay estimate. 23. Sign final pay estimate sheets ~nrl voucher . 24 . Check ma t eri dl records . 2S. Submit fina l materials cort ific~tion. 26. Obtain CO OT Form tl7 -Contractor DBE Payment Certifica tion, from the Contractor and submit to Reg i on Co nstruct.ion Engineer . 27. Obtain FHWA Form PR 47 (Statement of Materials and Labor used ... ) from the Contractor, check and submit to Region Construct i on Engineer. (UQOIUD ONLY OIi lOIS PRO.JZCTS WI'l'Jl TOTAL rIRAL PAYMll:NT KXCSSDIHG $1,000,000 .) 28. Comple t e and submit COOT Form t950 - P ro j ect Cl osure . 2 9. Reta 1 11 pro j et..:L r tt c u r di1 . (F or .1Lll y t:1 d r a from da t e of pro j e ct c l o su r e .) ** ROTZ : On l y one res ponsible party should be selected. Refer to page 2 for addi t i onal information. NiACX ~ ..JL ..JL ..JL ..JL ..JL ..JL ..JL V -"'- ..JL liLA UVISSD 10/11/H ..... • ' , .. •· • 0 I • "' - • 0 - f eot.e:>RADO DEPARllolENT OF TRANSPORTATION OngOate : ,._. Code: 1 19 9 9 STIPNu,,_: DR304l DESIGN DATA ,._._: STU 2 8S4-07l Ra,,Oate: Pl:PlqstC-Pl:F'!afectNu ..... 0 tX-AffllT A -AevNUIT1»r: Regoon : Page1al2 06 s-Bpiw1m. a-Ol9Wieacl "'-' Oooa,cMion: BROADWAY : US 2 S S TO YALE tcoum1: Arapahoe County2: Arapahoe leoum,3: PNpar9CI by: Reviled by : ! -: Englewood BUBIQIC Cata : S,-,C:O.: OIM QNHS QSTP IIOnER ll/24/97 O•: I o...at,t IICOOT QFHWA 001l1ER S<lllnilled by l'fllt Mgr: -·•1 : 2SSD .....,, 2 S9.S -:260.9 BUB.ERG ~by...__ Eng-: Roul02: 07SA NIPl2: 0 .000 -0.010 Data : Rou..S : -: ondlelPl:I : ll/26/97 Pllmedlongt,: 1.200 BROADWAY AT US 28S 'Geographic Localon : TO YALE AVE ., INCLUDING RAMPS AT US 285 T....,type: Qlevel Qralin<J a mounlanous Oe91:r111ion ol p,apoud ~I (allaeh map 9llowing site loc:alion) RES7'RIPE DOUBLE LEFTS ON BROADIIAY TO US 28S , liIDEN US-28S RAMPS TO ACCOHODATE DOUBLE LEFT-TU RNS, RECONSTRUCT BROADliAY TD ACCOMODA'TE RAISED MEDIANS FROM FLOYD TO YALE . Traffic (Note : use a,lurms A. a. -c III identify facility dncribed below) _, ,._ Bro •dway a. US 2 8S /Hlllllpden ) c- llclwyClau _1 _ Urban --Rural a. current yea, 1998 b. future year 2 0 1 8 FdtyType: Functoonal Claaif'ication : Faclily Loca11on · ------__ i:-ay _1 _Pm."'1arial __ lnaustnaJ A a C A a C __ e.p_y __ Min .Arlarial M_ Commercial ACT 36000 7 0000 ACT __ Oivlcled --Collector (majo,) M_ ResldllnuaJ OHV OHV _1 _ Undivided __ Collector (rnnor) __ Other OHV'lC.-4 s 4 __ NotR-y __ Local .,..... Slanclarda (idanlfy--Wllh a,• in 1SI column & clanly II-) Sou,m(o) al -.il•l COOT~ -...,MSHTOGuode Exilling Pn,poad Ul*nate A a C A a C ,. a C A a C • a. HI S..rfW»type HI HI D. ORB Typcai IK1loll type URS URS C. 5 aof--s s • d. 12 Widlhal--12 12 .. ---Slloulcler -11./median 0 0 I. 0 Slloulcler -11/CIU-l S l S g, ---Side .. disl.("Ij ------• • h . 2 ....... ...... • • ~IPNd 3S JS . 35 10-.IPNd 3 5 • k. . 08 ..... _...._ . 02 • I. 360 Min . redius • m. 22S Min . horizonlal SSC . n . 22 S Min . ..-sso • lo . 71 Mu.a.- Pra,ec:1-0 1R Q 3R ll•R QOl!lef -Ellaln9 guanlrall mNII current llandata1: a,-.,,., • I • • v-r, ""*""m des'9" standards~ Qyea B no I a Safety p,o,ect c.m-., a.,-11caoonanocn .. a .................... No wo r k t o exiat i ng br!d9•• oc gu•rdr•il a•-,-·-•) Qs.,_ ... l"IOta i ...,_,........._ 0 asiage-uc11en ANurlac,ng PfOIKUI B Allmnwnfll __,.• CDt"leeffltng u'9ty MOK18 allaened COOT,.,,,,~ 4M • • xi ]- • • ki::.-... S--· A-ID be,_, P-IJIOl)ONd rww SINC1lft y 5.,_,. ID Longt, Rel. Poont F-11-B F-11-CZ • 0 • IPrqeaCode 11999 ,- I• I P,o,ec,NumOt< IRavOara S7'U 2854-071 Slandanl SN:llft L-..g Harimnllll Ylflical Wldlll RclwyWldtl BHS OMS a..-o.r.... v-eui, ...__. -al bndaelll-11 ... (-bridgel9il,..-,ily, lrld_surfalina __ ) F-11-B RES1'1UPE: FIIOH 5 LANE 2'0 f LANE (DOUBLB lZF'tS), NO NO.!Or 2'0 ct11U1 AND GU7"1'ER OR G(]AJIDRAIL ; F-11-CZ NO M:lRJr • l'Nject--· (llftlllOMdl r...... • Hnllcap..-pe -type= a.-·-• Left.11,m -a ........... -..12 n:E't a Algnt-"""-a....--a --1 O FEET 8 Demurs Signi,o : ·-·-l'im=-T_rafflc __ ..,._..,._1'11.:."*"...,;,,; _____ ....r..=B=-:.s .. ;;,,po;;,,,ng-=---------~ °'*' (deoaioaon) 1,--=-,,ng....,_,., 1_, OHL1 IN RAISE:D HEDIAN BE:DS YN AOW.-porm.-reQUnd: Q 2. 3. .. a a a a ....,_ aGMinp •olcrau,nge: -- Rao-- No 1111 1111 1111 1111 1111 a a 0 Eal No . Ullllllee (lillnemHof-ulllity c:ompallies) CondlliDn of .,,,... Enwt-envPrqeode: ---poqecl· Q Me,or 1.-11-ed ROD)----,---..-,,,Q,-M,,o,--( ___ II_COO_T_F-...,,--,,,-.. ----,-------------t a-·--= Commen,a : C:O.cllnallon a-.,,_,,_ 1_ ..... _. .• .,., .. -11Vouvnau.10t_,_..,. lmgaDDn CIIIOI n-. a-nlfic:oro___ lo\napal,ty . a-1y.-o1 ... 11ong...- Ofle,· CoMwctlon- -By:Qs ... 8 Local QNone naAGRNlon: a DN,gn QP.O. a Study QCOOTFIA QL-FIA QRRF1A Q Ulli., FIA a...__., • Ena.,,,._ __ , ~ll..;;ic.cccck_K.=1111.;;;c.. ________ _ Pia. 9: 1'2-2500 -. ; ; [fr,l • . • • • 0 , 2X • 0 • SPECIAL PROVISIONS COrnl\OLLER'S APPROVAL I . 11lis -sball -be cs.med valid Ulllil it lllall haw bea l!IPl'MII by lbe c-ller o(tbc Sia o(Colando or such.-• be may desipare. 11m pnwisiGD is applicable to any -iDvolviq tbc pa:,wmm of_,. by die SIik FUND AV All.Alln..rrY 2. f"IIIIIICial obliplions of the Srau, o( Colondo payable after the c:um:nt fiscal year arc cominp,nt upon fbods for dw IJW1)0Se being apprapriared, budpled. 111d Olberwise made available. BOND REQUIREMENT 3. lflbis wUMll-tbc ~ofnac lhan filly lhausaad doll.ms fGrlbe ~ creclima, rq,air, _._ce, or impo•-of any buiJdiq. nm. briqe. Yiadacr, ~ ac:aYlliaa or Giber public-1< for dlis S-, tbe -mil, ban WiDI ... lbe i*WIW of aay sac:11 ,-it iDcluded iD dlil-. duly -111d cleliwr to the SIMI official who will sip Ille cm11ac:1, a pd ad .me;.. baacl or Giber ac:,epcable ..-, ID be appnlftll by tlid oftk:ial ill a pmal aan --dim one-half" ofdle tolll -paJlblc by Ille -oflbis-. Suda baacl lllall be duly aecaa.l by a qaalificd COlpOrm samy c:oaclilicmm upoa Ille f'ailhful pcrf'OffllllKZ oflbe c:aanc:11 llld ia addiliaa, sball pnmde dial iClbe-.-or bis subamlracton Cail ID duly pay for :my ~. malerials, tam hire. sustcnance, provisions, provcndor or ocbcr supplies med or comumed by such contnetor or bis subc:aDlncr.or in porfanuace of Ille 'Mlri< coancred ro be dooc or fails ro pay my pcr-. wllo supplies rmlal ma::biaery, tools, or cquq,mcnt in the prosccmioo o( tbe won: die Slllel)' will pay Ille sane in m IIIIOllllt oot cxcccdm& the sum SJ)eeiracd in Ille boad. IOpdler wilb illlereSl a die,_ of ci&ht per cent per annum. Unless such baacl is -. delivwed IDII &led. DO claim in fnG-of Ille -lrisiq VDder u:la -sllall be uliled, allowed or paid. A ccnificd or c:asbicr's cladt or a banlt-r order payable to the T-oflllc Siae of Colcndo may be alXllplad in lift oh bond. 1bis provisioo is in compU-with CRS 31-26-106. INDEMNIFICATION 4. To the CXlelll audaorizcd by law, the cootnetor shall indemnify, save, and bold barmlcss tbe Srae. ils employees md qcms. asaimt any aad all claims. dmlaps. liabilily aad court~ indudin& COSU. c,q,enscs. and mon,cy f-incmnd • a .-ll of my 11:1 or omiaioa by tbe -· or ill employees. apms. subconlnCtorS, or assipNS pursuant to the ic,ms of this cona-aa. DtSClUMINA TION AND AFFIR.'IATIVE ACTION ,. n.-..-to comply with die leclar aad spirit oftbe Colondo ~ Acl ol 1'57, •--. ad odm appliclllle law-,.,:liac discrimimlion wl ,._employment~ (CRS 24-34-402). ad• n,qain,d by Examliwe Ordlr, f.qial Opponai&y ad Aftlnuliw AClim. cl..i Aflril 16, 1975 . ,.,,,_ dwrwto . tlwfollowinu1ro,nsio,usJ,o/l H conuun.d ilia/I S-t:ONrS:orndi co•rm. Durinc tbe per(-of Ibis caanc1, Ille conmcror ...-• lbllows: (a) Tbe -wiU noc discrimillale asaimt aay employee or applicaa for aapla,w ..._ oe-. crwL CDlar. lllliaul aripll,-. mmal-. lwlipla. -,, -iorpaysical llmdicap.orap. n.-will llilla.._...aclila•---....--.....,_,a1 .. .....,.. ft llwm durinc~ wilboulnipnl ID dleabowe wiaMd .:lwWiai.:a. SIICIII ... ...U .... --• liailld • .. ~ pl )W ~ danacion. ornmfer. ~orrecnaiam adwa · · p; ~or• · · _.,,., • .._.._ol · · adlllllliaa ilrniniq. includinc apprcmicesbip. Tbe -..,..a to poll in 1111111 ° CIII a,._ ......... ....,_ ad.,._ ra, JI )---ID .. provided by Ille COlllnCUq OffiCC' -S forth p,ovisionl of dlis--=. inlline ci-_ (b) The COlllnCDr will. in all ,oliciaiw or ocn· 11 for employea plamd by or• blMlf ot• -· -Iba all qulilled .,._ wiU ..,._ -.lenaon far employment without repd to--. creed. color. nalioul ori&ia,-. aaial -n:lipaa. -,,, -i or pa,-al llallicap. or.._ (c) Tbe cootrac1.or will send to eKh labor 111U011 or ,qw 11&iM of wmun widl ..-icll i. Ila a alll.lClift barpiniq apW or ..., -or IIDdenundin&,-= 10 be provided by tbe comraaiD&olracs, &IM8ina tbe labor,... or..taa' 1+ ·w oftbe __., ,.,..lbe ~ Order, Equal Opporamicy wl Affinna&iw Aaiaa. cl..i Aflril 16, 1975, a.I ol ........ awpilliaa. ad,_... Ordln oltbe G.,wraar. (d) T1ls contrKtor wl labor umou wiU tlmiisb all infiwma&ion ad reparU n,qund by ~ a.a.. Equal Opponwucy 111d At!i,ma&i,,e Acaoa of April 16, 197', and by die l"lllcs. rep1auons ad Onlcn o(tbc Governor, or,--i tbareto, ad WIii pormil-to llis boob,~ wl -by tbe --=c apncy aad Ille om.:. of tbe ao--,,.. his dllipee for purpoaa of uwa&ip&ioD 111 --....,iimm with sac:11 Nia. ,......_. ad ordeR. (c) A labor.....-will -adudc any individual adlawise ~ ha l\all m t m11if rips iD lllda labor orpumian. or expel •l' IUdl individual r.-.nanbaslup in u:11 labar orp,maon or discrilniaa apinll any of ill .-nben ill tbc llall .,_ of wait oppa,tunicy .-o( ,-, cnad. color, -. llllioul DnlJD. or mcagy (f) A labor orpuzalioa. or tbe aaplayea or iMmbon lblrm( wiU -lid. abac, iacila, -,cl or_,. tbc doia& of any ac:& defiMd ill Ibis --to be -..· wry or ola'lxl or piwvw aay per-. ha ..-.iyiq widl die pnMlioaa ofdlis -or aay onw ismad ~ or --,c...., dileclly • ...-ly, to_. ay ac:& ddlnad in 11111 -to Ille disc." . enry. (I) la die.-orlbe -·• --,iiw. widl die -cc· · rion clw oC111is-or widl..,. olsucll nala, ...,, · or .-S. lllil -may be -i.d. ~or....,... ill ,....• ia part ad die _ _,, Ille de.:land iNliaiWe rar ftaiUlar s---ia _..._ wi6,......., llllllanad ill~ Order,£.-Opporuiiry ad Afflrmaiw A-. of Aflril 16, 1'75 ad die nala,,...... or anlrs p lpMd !'ace _l_ of_2_,... ~ . • 0 , • ,,,_ 0 , . • ill~ dierewidi. and iiicb ocbcr sancziaas. may be imp)sc -remedies • may be ........ pnmded ill ExcailiYe Order, Equal ()ppammizy 111d Affinmliw Aclion of April 16, 1975, or by Nia, ,qulaliw. ar ardln p lpMd ill -.i-tbonwidl, CX' !& Olbawise provided by law. (h) Tbc-will iDclude lbe p,,vimD of~ (a) drmqll (la) ill ,:v--, Sllb -• .,..__ pan:baN order ........... by nala, ,..alllioas, ar Olden isllm punuml ID Em:uliw Order, Equal Opparamily -1 Affinmliw Aaima of April 16, 1975, SO lilll SIICb pnmams will be biDdma upaaan • t •-... ,,.... Tbc-will llllll mdl ai:liclll willl..,. ID-,alll -· 1arpan:baNOldlr•dia-.......-, 11187 dinlcl. • •-ofmli:Jft:ias saacb pov--. indudins sw:liom ear-ampliem; ......-_ ___., 11111 ill Iba-die -bw illwlhed ill. or is llln=llllml wilh, liliplion. wilh Ille sabuwiaw or wndor • a -1& of mcb direc:lioa by die coani:aas apncy, die -may~ die S- of Colocado ta aar iDlo SIICb liliplion ID pn11ec:t lbe iamc of lbe SID of Colondo. COLOIIADO LABOR PUn:RENCE 6a. PloYisians of CRS 1-17-101 & 102 &Ir in--of Colondo labor are applicable ID Ibis-if public ,oaks widlin lbe Scm -undenaken baamder -1 are ftnaDcecl ill whole ar ill pan by SC. llmds. b. W.aw ite w&iras-licpaja«islD le~ ID a bidder, araidwllillllarlllall leallowed ap,e(ammapiasa---=c:id= bidder ha•-arllnipwy ......... ,.._ pa arreqiand by•-arfaRipwy ill wllidl die-·1m biddar is aiaidw. rti& is ....... bydiaoGlcs ......... ._.. .... bid lllatamapliaawilll ......... .86-,---offldml ... wllicb-.ldadllrwile le ....... ar-Wadlllwilale----widla.... ofr.i..llaw,dlil ......... be ......... 1Nlcmly1Ddle--,1D~ dmialoflbe~arlD......_dle . · widal'edlnll,.,.. -(ClSl-19-101 ad 102). GENDlAL 7. Tbc laws of die Sia o{Colando ad Nill ad ....... illaad paW ....._ sllall lie applied ill die .-p IM. NI aec:uliaa. wt cbw of lllis -. Aay pnl¥isima oldlis -....._. ar-i-,,anllld .._ by .-mm wllil:II p.v,,idll rar a.binliaa by aay -..judicial body arpasa ar wllida is odllrwile ill caallict willl said laws. n.les, aad rquLaaaas sblll be ccmidaed 111111 ad 'llllill. Nodlias caaaiaed in my provisioa wco.po,wd berein by ~ wllida p!lpo,II ID mpe Ibis or my odla' special pvvisiaa in wbolc ar ill pan mil be valid ar mliarcable or available ill my aClion at law wtiedler by way of camplaial. def.ea. ... Olbeawile. Azry provision rendered null aad void by die openlioo of dlis provision will DOl iDvalidaa die nmiaiader of Ibis <*llnel ID die -daa die -is capable of cxeculion. I . Al all lia9I darialc .. pafaa o{tllis C11C'K&, die C-lllall lWl!y .,._ ID all applicable fedlaal wt -1-. nales, -1 rep1alims dial have .._ ar may....._. be emblislled. 9. ""-ID ClS 24-l0-202.4 (a ...ied). lbe S1a1e CODIIOllcr may widlilold deba owd ID -............... wndor ofrla iawcepl syam fer. (a) lmpaid cbild PippOll dllll ar cbild a.ppa,t ~ (b) unpaid balaa ofiax. acauad---. ar odllr clulpl ..-,illed ill Arliclc 22. r111e 39, CRS; (c)..-1-.. ID• ..... laadiwiliaeofllls~of...,......._(cl)oaa-....-1Dlepaid11de 5 I ,w :alDII ·oa lad;-'(•)..__,_.._ow-s••-ar•y.....,.,IMNO(dle_ol.._ia .._.••ow-s••~olllaalapDCy~ arl'llllllald 1Di....-• ca1i"1 bylbe-..lllr. 10. Tbc sipaxia awr illa Ibey are fMililiar wida CRS 11-8-301, er~ (Bri-,, ad c_.. ...._) ad ClS l~I. c aq.. (Allml of Plablic Office). aid lbal DD YiDlalica of PICb pvvisicel is ia-. II. n...---... ._ ............ _...,_.__,,...._ar..._.._......._ ... ...,..ar......,.damillell...._ lfCocpnuon, TOWIIICicy.C-,, or Equivaleal: .um (Affla Sal) -~(0Da01'1) ..__,,., AlftOVALS ,. _2_ ..... ii .. 1aao1.L...- •. •· • C , ? I • • • <, EXAMPLE A (Lump sum Contracts) Company Name: Pn,flctNo. Address: . Project Location Employer (FEIN) ID Number: Subaccount No. llnvalce N1.111ber and Date: Progress Report Dated: .. "" Completed: (1) Current Blllng Period: From : To: BASIC AND / OR SUPPLEMENT AL CONTRACT TOTAL: (2) s Total BIiied to Date: s -Less: Aetalnage (10% of billing not to exceed 5% of contract) s Leu: Prior Paymenta: $. Pr1or BIIUng : $ Laa Aelalnage: $ s TOTAL CURRENT PAYMENT REQUEST: * $ (% To Dale of DBE Work: ) I certify that the blRed amounts .,. In ag......m with the contract terms: Slgnalure TIie Dale • • • * % Completed X Contract Total = Total CUrent Payment RlqUNt 0 (1) I (2) • ( *) . - -• ~ t, l -· • 0 I • • • • • 0 • 0 I • • - EXAMPLE B (Cost Plus Fixed Fee Contracts) Company Name: Protect No. Address: Employer (FEIN) ID Number: Project Location Invoice Number and Date: Progress Repon Dated: Subaccount No. % Completed: BASIC AND/ OR SUPPLEMENTAL CONTRACT TOTAL s Prior Period Bllllng Amount: s Current Bllllng PertOd: From: To: DIRECT LABOR: (List individually) Regular Direct Hourly Overtime Cost Emolovee Name Classification Hours Rate S Hours* s Current Total Amount to This Period Date 1n..,;onall SUBTOTAL• DIRECT LABOR s s INDIRECT __ (%) (As specified in contract) s s OTHER DIRECT COSTS (In • House) List individually· at actual cost as in final cost proposal ; mileage (miles x S). s s CAOD (hrs . x S). equip . rental (hrs. x $), etc. SUBTOTAL (DIRECT LABOR, INDIRECT & OTHER DIRECT COST'S) s s FEE (%) (As specified in the contract) s s OUTSIDE SERVICES (Subconsuttants & Vendors) (List individually) s s (To be in this same format · attach copies) % To Date on DBE Work s s Outside Services Management ExpenN (when applicable) s s TOTAL CURRENT PERIOD : s s TOTAL TO DATE: s s LESS: Retatnaae (, 0% of billina not to exceed 5 % ot contract) s s LESS : Prior P•vmants s s Pnor Billint! S ·-·-$ s s TOTAL CURRENT PAYMENT REQUEST s s I certify that the bdled amounts are ac1Ual and in agrMment with 1he contract llrffls: •· • SlgnatUre Title Date * Eligible dassific:ations only ; on accotdancl wit1 contract • • , • ,,. - •. 0 • EXAMPLE C (Specific Rates Of Pay Contracts) Company Name: Project No. Address: EmDloyer (FEIN) ID Number: Project Location ~ Invoice Number and Date: ~ Prnnress R"""n Dated: SUbaccount No. % Completed: BASIC AND/ OR SUPPLEMENTAL CONTRACT TOTAL s Prior Period Bllllna Amount: s Current Bllllnn Period: From : To: PAY RATES: (List individually) Regular Overtime Rate of Pay Cost Emolovee Name Classification Hours Hours• $ t Hours** s SUBTOTAL· PAY RATES: s OlliER DIRECT COSTS lln · Housel List individually -at actual rates as in final cost proposal; mileage (miles x $), s CAOO /hrs. x S). aauiD . rental (hrs . x Sl, etc. SUBTOTAL (Pav Rates and Other D1'9Ct Ratesl s OUTSIDE SERVICES (Subconsultants & Vendors) (List individually) s (To be in this same format -attach ~I "'To Date on DBE Work Outlide Servlc:es Man-em ExD811M cwnen anniicablel s TOTAL CURRENT PERIOD: s TOTAL TO DATE : s LESS : Retalnaae ( 10% of b~lina not to exceed 5 % of contract) s LESS : Prior Pavments s Pnor Billinn S Less Relainaae S TOTAL CURRENT PAYMENT REQUEST: s I certify that the billed amounts are actual and In agreement with the contract terms: •· • Signatur e TlUe Date • Elig lb le clasS1hca bons only : 111 accon:sanc:. will contract C •• In aa:otdance with con traC1 ' n I • ,- • - EDHPLE D (Local Agency Billing) ~te SECTIOK I. CONTllACT DATA Local. Agency: Project Ro.------- Address: --------------------Elllployer (FEIN) ID Naber: Project Location--------Invoice Number and Date: _________ _ I Completed: Subaccount Ho. ________ _ BASIC AND/OR SUPPLEHENTAL CONTRACT TOTAL: $ ______ _ Federal Share $ _______ _ Local Agency Shar'! $. _______ _ State Share $ _______ _ Prior Period Billing Jlac>Ullt: Current Billina Period: From: II. ~v:..:. DlltECT LABOR: (List individually) Employee Classifi-Regular Name cation Hours SUB'l'OrAL -DlltECT LIUIOI. WWW l'tS · I OF DIUC1' LABOI. Ol'IIEll DIIECT-OOSTS (In-House) List individually-at actual cost; aileage (miles z $), CADD (hrs. x $), equip rental (hrs. z $), etc. OU!SIDE SERVICES (Consultants, Vendors) (List individually) (To be in this same attach copies of invoices) TOrAL COSTS CUIUlElff PDIOD: TOrAL COSTS TO DATE: SECTION III. BILLING TOrAL BILLl1'G CURRENT PERIOD ( I OF 'l'Ot'AL COSTS) : Prior Billing: $ To: Oir'!ct Hourly Ov'!rti.me Cost Rate $ Hours* $ Curr'!nt Total to This Period Date $ $ $ $ $ $ format-$ $ $ $ . $ ___ _ $ ___ _ I certify that tbe billed aaounta are actual and in agreement vitb tbe contract tems: Siqaature T1tle Date • Eligible classifications only. •· • 0 , • 0 , • • EXAMPLE E: FIXED MULTIPLIER CDmaanvName: PfalealHo. AddHUl IFEINI m Hanben Pfoleo& Looadon lnvalce Humber and Dale: Pramus 11-1 Dated: BublCCCMllll Ho. % ComDlllacl: BASIC AND I OR SUPPLEIIEHTAL CONTRACT TOTAL • Prior Partod llllllnn Amount: $ Cumnl Bllllnn Pldod: Fram: To: PAY RATES: ft...kll" --. I I: Regular Certified Fixed Cost l.fflrllnlMe Name Qa1sfflcallon Hours Hourly Rate Multiplier s . SUBTOTAL• PAY RATES: $ OlHER DIRECT COSTS fin • House\ Ult lndvidully • at lelull ra&el a In final coat p,apoul; mlluge (mies X $). $ CADD nn x a anu1n. IWIIII Ihm. x a e&c. SUBTOTAL IPIIV Ratla llld 0UW Dlreot Rllell $ . OUTSIDE SEIMCl!S ~ & Vendorl) (Ult lnclwldully) $ ITO be In 1111 -IDnml • lllldl allllilMI % To Dale• DBE WOik Oulllda ..... -,__ -$ TOTAL CURRIIIT PERD>: I s TOTAL lODAff:J s LESS: -ncn, o1 blllln no1111 ....s, ._ o1 mnnca s LliRR• Pltar -s p...,,-....s Laa-$ TOTAL CURRl!NT PAYUINT REQUEST: s I certify that the btUed amounts are actual and In agreement with the coniract terms: . • • • llgnatUre TIii .,... C • Elgllll dlallclllonl oalr, Ill lrmldlllOI ....... •• IIIICCIMIIIIIOI .. _ , . -; [f' ' 7 - - • ORDINANCE NO._ SERIES OF 1998 • • • BY AUTHORITY /{) b; COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING THE RENEWAL OF AN AGREEMENT WITH THE COLORADO HUMANE SOCIETY AND THE CITY OF ENGLEWOOD FOR THE LEASE OF THE ENGLEWOOD ANIMAL SHELTER. WHEREAS, the City of Englewood Animal Shelter was operated by the City of Englewood under the supervision of the Police Department until 1991 ; and WHEREAS. in 1991 Englewood's animal control was under the jurisdiction of Community Development and it was determined that contracting out the operation of the animal shelter, while retaining animal control responsibilities.by the City, would be a more efficient mode of service delivery for the City; and WHEREAS, the Englewood City Council approved an Animal Housing Services Agreement with the Colorado Humane Society , Inc. by the passage of Ordinance No . 17 , Series of 1991 , to provide day-to-day services at the Englewood Animal Shelter and the contract expired in May of 1996; and WHEREAS, the Englewood City Council approved an Animal Housing Services Agreement by the pasaage of Ordinance No . 37 , Series of 1996 with the Colorado Humane Society, Inc . to provide day to day services at the Englewood Animal Shelter with the Contract expiring June 30, 1998; and WHEREAS . after researching potential contractors, the bid for services haa been awarded to the Colorado Humane Society, Inc. to run the Englewood Animal Shelter; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section 1. The Agreement between the Colorado Humane Society and the City of Englewood, Colorado for the lease of the Englewood Animal Shelter, attached hereto aa "Exhibit A," ia hereby accepted and approved by the Englewood City Council . Sectjon 2. The Mayor ia authorized to execute and the City Clerk to attest and seal the Agreeme nt for and on behalf of the City of Englewood , Colorado. Introduced, read in full , and passed on first reading on the 1st day of June . 1998 . -I - ----· . ' • . .. •· • 0 I,..,, , - - • • • '· Published as a Bill for an Ordinance on the 5th day of June, 1998. Read by title and pa11&ed on final reading on the 15th day of June, 1998. Published by title as Ordinance No. ~ Series of 1998, on the 19th day of June, 1998 . Thomae J . Bums, Mayor ATTEST: Loucriehia A. Ellis, City Clerk I , Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance paaeed on final reading and published by title as Ordinance No. ~ Series of 1998. Loucriahia A. Ellis -2- • I .. • • 0 I I • 0 • ANIMAL HOUSING SERVICES AGREEMENT This Agreement is entered this 1st day of July, 1998, by and between the CITY OF ENGLEWOOD , a Colorado municipal corporation, 3400 South Elati Street, Englewood, Colorado, 80110, (the "City"), and THE COLORADO HUMANE SOCIETY & S.P.C.A., INC., a Colorado nonprofit corporation, 11490 York Street, Thornton, Colorado 80233, (the "Contractor"). RECITALS 1. The City desires to contract with the Contractor to operate its animal shelter facility and program . 2. The Contractor has the desire and the expertise to operate such a facility and program. In consideration of the mutual covenants and promises of the parties hereto, the City and the Contractor covenant and agree as follows : A. B. SECTION 1 CONTRACTOR SERVICES AND OBLIGATIONS FACILITY . The City herein leases to the Contractor the Englewood Animal Shelter facility located at 2760 South Platte River Drive , Englewood , Colorado, at a lease rate of $1.00 per year. The facility shall be used and occupied exclusively as an animal shelter facility for the City of Englewood and other municipalities or entities for a period of time no longer than the term of the Agreement. Such facility shall be operated in accordance with all appropriate State, City and other applicable laws and regulations. The City shall furnish to the Contractor, upon request, copies of any and all relevant laws, regulations and ordinances and shall provide in writing thoee City practices which relate to its animal shelter activities . The City herein acknowledges and agrees that the Contractor has the right to contract with other municipalities and entities to provide animal shelter services for them at this animal shelter facility . However, the City of Englewood ahall have firat (1st) priority in the event the animal shelter facility ia full . Shelter staff shall insure that at least one doe run and one cat cage ia avatlable for animals impounded after hours on weekdays and at leaat two dog run.a and one cat cage available for weekend use . The City further acknowledges and acrees that the Contractor has the right to set its own fees with regard to the operation of the animal shelter facility and to receive all fees and other revenues derived from its operation. EQlllPMENT . The City shall provide to the Contractor for its use in maintaining the facility all the equipment presently used by the City for its animal shelter services, which equipment is described in Exhibit A, attached hereto and incorporated herein by reference . The equipment ,hall be delivered to the Contractor in good , working order. The Contractor shall have the ri&ht to uae thia equipment, or any other equipment purchaaed by the City for uae m the animal ,helter facility , durinc the term of the Agreement. Upon expiration or termination of the Agreement, the uae of all such equipment shall revert to the City. • • X H I • I T A .. • • • , J • • 0 • c . OWNERSHIP . Both parties acknowiedia: and agree that the Cjty of Englewood currently owns and shaH continue to own the animal shelter facility itself, aJJ the equipment described in Exhibit A, or any other equipment purchased by the City for use in the animal shelter facility. D . EXPENSES OF OPERATION . The Contractor shaJJ be responsible for and shall pay those expenses of operation as set forth in Exhibit 8 , attached hereto and incorporated herein by reference. The Contractor shaJJ be responsible for normal maintenance of the facility , the grounds, and the equipment in order to keep such in reasonable repair. This includes such repair and replacement of the facility or the equipment necessitated by normal wear and tear, except for any major repair or replacement caused by normal wear and tear as set forth immediately below . The City shaJJ be responsible for any major repair or replacement of the facility or the equipment, even if such repair or replacement is necessitated through normal wear and tear. This includes but is not limited to. responsibility for the building itself, the plumbing system, the electrical systems and the major equipment. including but not limited to such items as the "Hotsy" machine . The Contractor shall not be responsible for any such major repair or replacement unless such is necessitated through its gross negligence . The Contractor shall notify the City in writing when, in its opinion, a need exists for major repair or replacement. The City shall have the right, upon twenty-four hours written notice to the Contractor, to enter and inspect the facility and the equipment and to make any repair or replacement which it may deem necessary. In the event, the City deems such a repair or replacement is the responsibility of the Contractor, and so desires to charge the Contractor, the City and the Contractor shall agree upon such repair or replacement in writing before such ia performed . E . SCOPE OF SERVICES . The Contractor shaJI provide the City with the following services in addition to those listed elsewhere in the Agreement: F . l. Receive and house all animals brought to the animal shelter facility by Englewood Animal Control Officers , Englewood Police Officers, or other authorized City staff. 2 . Abide by all City regulations. ordinances, or policies relating to the acquisition , maintenance, and disposition of animals in its care. 3 . Provide Englewood Animal Control Officers, Police Officers, or other designated City staff with a means of access to the animal shelter facility during non-business hours. MUNICIPAL REGULATIONS . The Contractor shall enforce and perform any and all animal regulatory functions as required or permitted by state, city or other regulation or ordinance, which functions relate to animal housing or shelter services . The City shaJI provide the Contractor written copies of aJJ City regulations, ordinances, or policies relating to the acquisition , maintenance. and disposition of animals. In the event that the City desires that the Contractor perform additional regulatory functions . such as animal control functions , this request shall be set forth in writing, signed by both parties, and attached to the Agreement as an exhibit. 2 • ...... ... • .. 0 I • • f - G. H . I. • "'~ • {• - . ' STANDARDS OF OPERATION . In addition to enforcing all regulatory functions as specified above, the Contractor shall maintain and operate the animal shelter facility in accordance with regulations established by the Colorado Department of Health which establish standards relating to the physical facilities , animal enclosures, sanitation, and the care and handlinc of animals. HOJ TR.S OF OPERATION . The Contractor shall keep the facility open to the public during the followmc hours, except for major holidays: Monday-Friday ................................. 10:00 A.M .-6 :00 P .M. Saturday ......................................... 10:00 A.M .· 5 :00 P .M. Sunday ........................................... Closed Major holidays include New Year's Day, Memorial Day , Fourth of July, Labor Day, Thanksgiving , and Christmas Day . INSURANCE. During the term of the Agreement, the Contractor shall maintain the following types and amounts of insurance. Such insurance shall name the City as an additional insured: 1. Comprehensive General Liability Insurance in an amount of not less than $500,000.00 combined single limit. 2 . Employee Liability and Workmen·s Compensation which shall provide protection against any and all claims resulting from injuries to or death of any of the Contractor's employees . Any deductible under any of the above described insurance policies shall be paid by the contractor. The Contractor shall provide the City with such Certificat.e(s) of Insurance evidencing compliance with the above proviaiona no later than thirty (30) days after the execution date of the Agreement. The City 1hall demonstrate to the utiafaction of the Contractor that adequate Nlf· insurance is provided for property and general liability damage. Participation in the Colorado Intergovernmental Riak Sbar.ng Agency (CIRSA) shall be deemed utiafactory Nlf· insurance. The City ,hall provide the Contractor with 1uch Certificate(•) ofID8Ur811Ce evidencing compliance with theae proviaiona no later than thirty (30) day1 after the execution date of the Agreement. 3 • ' • • 0 • 0 I• • J . RECORDS AND REPORTS . l. The Contractor shall maintain records of all animals it handles in the performance of the Agreement. Such records shall contain the following information: type of animal, sex, breed, color, disposition by the Contractor, and any additional information required by the City . A summary of this information shall be provided to the City on a monthly basis on approved forms at the same time that the monthly billing is submitted. Records of vicious animals and dog bite incidents shall also be sent to the appropriate governmental authorities . 2. The Contractor shall maintain complete and accurate records concerning the revenues it derives during the performance of the Agreement from the operation of the animal shelter facility . Such revenues shall include adoption fees , reclaim (by owner) fees , and donations from the City , as well as such revenues collected from other municipalities or entities. REPORTS . Upon written request by the City, the Contractor shall provide the City a quarterly performance report that includes the following : a . The Contractor's activities for the previous quarter, with emphasis on problem areas. b . Whether or not any changes in policy will occur. c. Recommendations concerning fees, licenses, and animal regulatory laws. d . Any recommendations or information related to animal control in the City which are in the best interest of the City or which may be requeated by the City . e . A financial statement of operations of the animal shelter facility in accordance with a format to be determined by the City . In the event s uch a quarterly report is submitted to the City , the Contractor ahall be available at any reasonable time to discuss same with the Contract Adminiatrator or his designee . K. VETERINARY ANO RELATED MEDICAL CARE The Contractor ,hall provide maintenance-level veterinary and related medical care for sick or injured animale brought to the animal shelter facility and to those which become sick during impoundment. If an animal is reclauned by its owner , then such owner shall be responaible for all veterinary and related medical coats. L . CONFIDENTIA[JTV . The Contractor shall, to the extent permitted by law , keep all information wruch it receives concerning complaints , names, addre1ae1 , and telephone numbers of compla1nants and witnesses , and the names, addre11e1 , and telephone numbers of owners confidential. The Contractor ,hall, to the create1t extent poaible, protect an individual'• richt of pnvacy and 1hall not circulete or permit the circulation of thia information for commeraal purpoees or other purposes not related to the dutiea undertaken in thla A(reement. The Contractor is not prevented , however, from releuinc that information wruch may be neceuary for the Jocat1on of an animal'• owner or the pinins of 4 ...... •. ... ,, •· • 0 f ? ]- - • 0 t• • consent for medical treatment. The Contractor may also use that information it considers necessary or proper in and for its fund raising activities. M. NON-DISCRIMINATION . During the performance ofthis Agreement, the Contractor shall not discriminate on the basis ofrace, color , sex, religion, national origin, creed, marital status, age, or the presence of any sensory, mental. or physical handicap in employment or application for employment, provided that the applicant is able to perform the required duties, or in the administration or delivery of services , or any other benefits under the Agreement. The Contractor shall comply with all applicable federal, state, city, and other laws, regulations, or executive orders. N . PROHIBITED TRANSACTION. The Contractor shall not give or sell any animal for research purposes. 0. RETURN-TO-OWNER POLiey . The Contractor shall maintain a policy relating to the return to owners of their animals and shall make every reasonable effort to insure that as many animals as possible are so returned. SECTION 2 CITY OBLIGATIONS A. COMPENSATION/MONTHLY P:\YMENTS. In consideration of the services to be performed by the Colorado Humane Society under this Agreement. the City shall pay the sum of thirty- six thousand three hundred and forty-eight dollars ($36,348 .00) per year, payable in monthly installments of three thousand twenty-nine dollars ($3 ,029.00). This rate shall be in effect from July l , 1998 through June 30, 1999. 8 . C. During the balance of the term of this Agreement, i.e ., from July 1, 1999 through June 30, 2000, if sufficient funds are appropriated, the City and the Colorado Humane Society shall adjust the rate of compensation on an annual basis . The amount of adjustment shall be the same as the percentage(%) change in the Consumer Price lndex-U for the Denver- Boulder area for the prior calendar year. However, in no case shall the adjustment be le88 than zero percent (0%) or more than seven percent (7%). If the CPI-U for the Denver-Boulder area is not available at the outset of the calendar year, the City shall continue to pay the Contractor at the rate set forth for the prior year. At s uch time as the rate adjustment is calculated, the City shall pay the Contractor the difference between the new rate and the rate set for the prior year retroactive to January 1st of the calendar year. Said retroactive payment shall be due in full at the next recular monthly payment date aft.er the new rate is set. MONTHLY BILUNGS . The Contractor s hall s ubmit billings to the City by the end of each month for that month"s compensation. Each monthly payment s hall be due on the twentieth (20th) day of the succeeding month. A late charge of twenty-five (25%) shall be a88eued against any payment received after the twentieth (20th) day of the month. REVENUES . All revenue collected by the Contractor from adoptions, reclaim fees , or donations, whether from the City or other municipalitie1 or entitiea, ,hall accrue to and become the property of the Contractor. All court fines shall become the property of the City. s " - • •· • 0 , • • 0 ,. - D. ANIMAL CONTROL . The City is responsible for all animal control services within its City limits. Subject to Section 1, Paragraph G, in the event the City desires that the Contractor issue citations at the animal shelter facility for violations of applicable laws , regulations, or ordinances, the City shall take whatever action is necessary to insure that the Contractor is legally empowered to perform such a duty and to train the Contractor's employees in the performance of such a service . E. CONTRACT ADMINISTRATOR . The City appoints the Administrative Division Chief of Safety Services as the City Official responsible for the administration of this Agreement. All reports, recommendations, and other correspondence shall be directed to said Manager. The Contractor's Executive or Acting Director shall act as the Contractor's liaison with the City . F . ANTI-KICKBACK . No officer or employee of the City having the power or the duty to perform an official act or action related to the Agreement shall have or acquire any interest in the Agreement or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from or to any person involved in the Agreement. A. SECTION 3 TERM OF AGREEMENT AND TERMINATION TERM OF AGREEMENT . The Agreement shall be for a term of two (2) years, commencing on July 1, 1998 and terminating on June 30, 2000. In the event sufficient funds shall not be appropriated by the City for the payment of compensation/monthly payments, and if the City has no funds available for compensation/monthly payments from any other sources , the City may terminate the Agreement upon providing written notice to the Contractor within thirty (30) days from the date of the adoption of the next fiscal year's appropriation ordinance. There shall, however, be a sixty (60) day transition period, beginning from the date of the receipt of the termination notice by the Contractor. during which period the Contractor shall continue to provide those services as provided in the Agreement and the City shall continue to make payments as provided herein. Upon the expiration of this sixty (60) day transition period, the Contractor shall not be obligated to provide any further services as provided in the Agreement and the City shall not be obligated to make any further payments u provided herein, except, however. that compensation for services which occurred prior to the end of the sixty (60) day transition period shall be made . B . TERMINATION OF AGREEMENT BY ACTION OF PARTIES . Either party shall have the right to terminate the Agreement with or without cause at any time dunng the term hereof by providing the other party ninety (90) days written notice to that effect. A. SECTION 4 ADDITIONAL PROVISIONS AND OBLIGATIONS INDEPENDENT CONTRACTOR . All services performed by the Contractor under the Agreement are done as an independent contractor and not u an employee of the City. 6 •. .. D • - ]~ ... • • · .... • '· B . INDEMNIFICATION . To the extent pe.rmitted by law, each party shall indemnify and hold harmleaa the other party against any and all claims, demanda, loues, and liabilities and from any debt, obl.ication, payment, collection coat, judpient, court order, court coat, interest, penalty, or expense of any kind or nature in connection with that party's act or omission arising directly or indirectly as a consequence of the Agreement. c. PUBLIC RELATIONS. The City and the Contractor shall exercise good faith in dealing with each other. D . E. F . G. H. I. ENTIRE AGREEMENT/MODIFICATION . The Agreement constitutes the entire Agreement of the parties with reapect to the subject matter. All prior and contemporaneous negotiations and underatandinp between the parties are embodied in the Agreement, and it supersedes all prior agreements and understandings between the parties hereto relating to the subject matter hereof. No alteration or other modification of the Agreement shall be effective unleaa such modification shall be in writing and signed by the parties. SEVERABILlTY . In the event any portion of the Agreement should become invalid, the remainder of the Agreement shall remain in full force and effect. BINDING EFFECT . The Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. The Agreement shall inure to the benefit of. and be binding upon, the succeaaora in interest of the respective parties. ASSIGNABILITY . The Agreement may only be aaaigned with the expreB8 written consent of the non-aaaicning party. DISPUTES . Venue for any litigation to enforce or construe this Agreement shall be in Arapahoe County, Colorado. In the event of litiption to enforce or construe this Agreement, the prevailinc party shall be entitled to all reuonable coats and expenses, including attorneys' fees , whether or not the matter proceeds to judgment. NOTICE . Any notice required under the terms of this Agreement shall be deemed delivered and received when delivered in person or when depoaited aa certified or reptered mail, return receipt requested, to the parties at the addreaaea listed at the beginning of the Agreement. 7 -------'' .. • • C I ]- • • . ~ • <. IN WITNESS WHEREOF, the City and the Contractor herein aclmowledp that they have duly read, undent.oocl. and do freely and voluntarily execute thil Apwement, ccmaiatiDC of ten (10) paps, OD the day and year first above written. ATl'EST: Loucriahia A. Ellis, City Clerk 8 CITY OF ENGLEWOOD Thomas J. BurD8, Mayor THE COLORADO HUMANE SOCIETY & S.P.CA, INC., a Colorado nonprofit corporation --------' . , •. • 0 • • 0 f . I - - • • C• . -' DBIBl'l'A ENGLEWOOD EAJJIPMINT U¥6JNDIIG AT ANP«AJ, SBE1J'EB 1 1 2 1 1 Desk (8') Dealt (5') Office Stools 4-Drawer File Cabinet (lepl) Wute Bultet CAT ROOM 15 Cat Caps (2 units) 2 Trash Cans (20 pilon with lids· Cat Chow and Cat Litter) 1 Trash Can (30 gallon with lid • Trash) ISOLATION 1 10' Water Hose RUN AREA 32 StainlessSteelWaterBuc:keta 1 Hot Water Hose· 50' (red) 1 Cold Water Hoae • 50' (creen) 2 Bug Zappers FOOD PREP ROOM 2 Trash Cans (20 pilon with lids -Dry Food, Puppy Chow) 1 Truh Can (5 pllon with lid -Rabbit Food) 1 Mop Bw:ltet and Mop 1 Floor Squeepe 1 Floor Scraper 1 55 Gallon Drum Caddy 1 1 9 1 l l l 1 1 l EQUlPMENT TO BE STORED Hotsy Pressure Wuher with hoN and nozzle Doc Trap Cat Trapa Air Kennels <Doc> Air Kennel (Cat) T Control Stick Electric Fan Sharp Calculation (062052) 25 ' 12-3 utan.lion cord CuhBox "'~ • . .. •· • 0 I ~ I ]- 1. Supplies 2. GIIIElec:aic 3. WartSewcr ,. omce ,. Pnmilll 6. Ver Senica 7. Trash I . Labor 9 . Educ:ation 10. Bull: CJwps 11 . lmuraDc:e ll. Ullillnm 13 . Rcpairs/Maullal 14. Pbaaa 15 . Pollap 16 . Payn,11 Tax 17. lllsurucc/Bendlu • • • (. EXHIB0:1 11. All olher expemes directly relad to sbelter operalionl except • specilled ia die Coauact. ,. - • .. • • 0 ORDINANCE NO. __ , SERIES OF 1998 ' • 0 :• • BY AlITHORI1Y COUNCIL BIIL NO. 28 INfRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE REPEALING 1TILE 15, OFTiiE ENGLEWOOD MUNICIPAL CODE 1985 AND ENACTING A NEW TITI..E 15 ENTITI..ED "NUISANCE ABATEMENT." ,,. - WHEREAS. City Council has ldentifted the abatement of nuisances to be of primary concern to the citizens of Englewood; and WHEREAS, City Council desires to give the Englewood Municipal Court the power and authority to abate nuisances; and WHEREAS. this legislation Is Intended to set forth procedures with regard to the abatement of nuisances; and WHEREAS. specific sections of the Englewood Municipal Code have been reorganized to meet procedural and administrative requirements; and WHEREAS . speclflc substantive Issues Will be addressed by the Code Enforcement Advisory Committee In the future ; and WHEREAS. the Englewood City Council and the Englewood Code Enforcement Advisory Committee desire to standardize the nuisance abatement process; and WHEREAS . the Englewood City Council and the Englewood Code Enforcement Advisory Committee desire to Implement a swift and just system of nuisance abatement while maint.alntng due process for its citizens: and WHEREAS. City Council and the Code Enforcement Advtaory Committee desire to set forth an administrative procedure to determine vested rights and taking issues as they pertain to prtvate propeny: and WHEREAS. City Council finds the adoption of this Ordinance preserves the health. safety and we lfare of the community: and WHEREAS. the Englewood Code Enforcement Advtaory Committee recommended approval of the Nuisance Abatement Ordinance at the May 13 . 1998 meeting: NOW, 11-IEREFORE. BE IT ORDAINED BY 11-IE CrIY COUNCIL OF 11-IE CrIY OF ENGLEWOOD. COLORADO . AS FOlLOWS: Section l . The City Council of the City of Englewood, Colorado hereby approves the repeal of Title 15 in its entirety and establishes a new Title 15. entitled "Nuisance Abatement.· • ; r,;\ • 1 1 l • • . ... •· • 0 , -• 0 • TITI.E 15 NUISANCE ABATEMENT SUBJECT APPLICABILITI AND DEFINITIONS NUISANCE PROHIBITED ADMINISTRATIVE ABATEMENT OF NUISANCES JUDICIAL ABATEMENT OF NUISANCES VESTED RIGHTS AND TAKINGS DETERMINATION ClJITING AND REMOVAL OF WEEDS AND GRASS TRASH. JUNK AND SALVAGE ANTISCAVENGING VEHICLES: DERELICT AND HOBBY ABANDONED ICEBOXES. REFRIGERATORS AND FREEZERS ANIMALS OR FOWL CESSPOOLS AND PRIVES WATER RELATED NUISANCES NOISE CONTROL C• CHAPTER l 2 3 4 5 6 7 8 9 10 11 12 13 14 Section 2 . The City Council of the City of Englewood. Colorado hereby approves the applicability chapter of this Title. which shall read as follows: Chapter l 15-1-1: APPLlCABILITI AND DEFINITIONS: A. TI-IE ABATEMENT OF NUISANCES IN TI-IE CrIY OF ENGLEWOOD IS HEREBY DECLARED TO BE OF LCX:AL CONCERN. IT IS niE DlTIY OF ALL RESPONSJBI.E PARTIES INCLUDING PERSONS. PROPERTI OWNERS. F1RMS. CORPORATIONS. OCCUPANTS. LESSEES. OR ANY AGENTS OR REPRESENTATIVES OF TI-IE RECORD OWNER OR OWNERS. TO MAINTAIN PROPERTI WrtlilN TI-IE BOUNDARIES OF TI-IE CrIY OF ENGLEWOOD SO AS NOT TO CAUSE OR MAINTAIN AN ACT OR CONDmON WHICH ENDANGERS niE PUBLIC HEALTI-1. SAFE1Y OR WELFARE OR RESULTS IN ANNOYANCE OR DISCOMFORT TO TI-IE PUBLIC OR DAMAGE TO ANY PROPERTI OR INJURY TO ANY PERSON. B. ABATEMENT SUBJECTS: niE ENGLEWOOD MUNICIPAL CODE SECTIONS WHICH DEFINE OR DESCRIBE NUISANCES. WHICH MAY BE ABATED. ARE CONTAINED IN 11-IIS TITLE . niESE PROCEDURES SHAU. NOT GOVERN O'llfER 1TJ1.ES OF TI-IE ENGLEWOOD MUNICIPAL CODE. SPECIFICALLY TI-IE PROCEDURES SET FORni IN niE BUILDING AND FIRE CODES UNLESS 11-IEY ARE SPECIFICALLY ADOPTED BY 11-IOSE TITLES. Section 3 . The City Council of the City Englewood. Colorado hereby approves the adoption of definitions for the Abatement of Nuisances under this Title. The deftnitlons set forth are verbatim definitions from Titles 8. 9 . 12 and 15. wtth the exception of the new definitions for emergency. nuisance. abatement of nuisance. person. and responsible party which are entirely new. Said definitions shall read as follows : 2 ...... "' - • . ,; •· • 0 , • -• • <. • 15-1-2: DEFINmONS: For the purpose of the application of the provisions of this ntle, the following definitions shall apply: ABATEMENT OF A TiiE REMOVAL, STOPPAGE. PROSTRATION, REPAIR. OR NUISANCE DESTRUCTION OF ANYnflNG WHICH CAUSES A NUISANCE. OR CONS1TIUl'ES A NUISANCE. WHETHER BY BREAK.ING OR PUILING IT DOWN, OR 011-IERWISE DESTROYING, EFFACING . OR REMOVING IT. .. ALLEY A public way less In size than a street, which Is not designed for general travel. which Is used prtmartly as a means of access to the rear of residences and business establishments, and which affords a secondary means of access to property. BUILDING A structure, including utilities enclosed with a roof and within exterior walls butlt. erected and framed of component structural parts. designed for the housing, shelter. enclosure and support of indtviduals, animals or property of any kind. BUILDING OFFICIAL Where these terms are used In this Title or any Code In this ntle. OR CHIEF BUIIDING they shall mean the person designated by the City Manager, or OFFICIAL his/her representative with the title of Building Official or Chief Building Official. Cll'Y The City of Englewood, Arapahoe County, Colorado vested with the authority and responsibility for the enactment and enforcement of this Chapter. acting by and through Its City Council under the home rule charter, statutes and ordinances of said City of Englewood. Cl1Y MANAGER Chief administrative officer of the City of Englewood. DWEWNG Any building to be used for livtng or sleeping by human occupants. Temporary housing, as hereinafter defined shall not be regarded as a dwelling. DWELLING UNIT One or more rooms located within a dwelling. which are occupied or which are Intended or designed to be occupied by one family with facilities for living. sleeping. cooking and eating. ELEMENTS Wind. rain, snow. hail. sleet. or surface run-off water. EMERGENCY AN EXISTING CONDmON ACTIJALLY ARISING FROM UNFORESEEN CONTINGENCIES WHICH IMMEDIATELY ENDANGERS PUBLIC PROPER'IY. HEALnt. PEACE OR SAFETY . GARAGE. PRIVATE A building. or part thereof. attached or detached and accessory to the main building, providing for the storage of motor vehicles. and • • In which no business ts conducted. • • GARBAGE Animal and vegetable wastes resulting from the handling. preparation. cooking or serving of food . 0 f I GRAFFITI HABITABLE ROOM INFESTATION JUNK JUNKYARD LITTER NOXIOUS MATTER NUISANC E • • , . • .. The defacing of public or private property by means of painting, drawing, writing. etching. or carving with paint, spray paint, ink, knife or any similar method without written permission of the owner/property owner. Any enclosed floor space meeting the requirements of this Title for sleeping, ltvtng. cooking or d1ntng purposes, excluding such spaces as closets. panb1es, bath or toilet room. service rooms. connecting corridors. laundries, unftntshed attics, foyers, storage spaces. utility rooms and stmtlar nonhabltable space. The presence within or around a dwelling of Insects. rodents. vermin or other pests of such kind. or In such numbers as to cause a hazard to health . Scrap Iron, scrap tin. scrap brass, scrap copper. scrap lead or scrap zinc and all other scrap metals and their alloys, and bones. rags . used cloth, used rubber, used rope . used tinfoil. used bottles. old or used machinery, used tools. used appliances. used ftxturcs . used utensils. used lumber. used boxes or crates, used pipe or pipe fittings . used automobile or airplane tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make unusable In their existing condition, but are subject to being dismantled . A place where junk. waste, discarded. or salvaged matertals are bought. sold, exchanged. stored , baled, packed. disassembled. or handled, including automobile wrecking yards. house wrecking and structural steel materials and equipment, but not Including the purchase or storage of used furniture and household equipment. used cars in operable condition, used or salvaged materials as part of manufacturing operations. Garbage. refuse , and rubbish. as defined herein, and all other waste material which. If thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare . Material which Is capable of causing injury to living organisms by chemical reaction or Is capable of causing deb1mental effects upon the physical or economic well-being of Individuals. A CONDmON WHICH INJURES OR ENDANGERS THE PUBUC HEALTH. SAFE1Y OR WELFARE WHICH INCLUDES BUT IS NOT UMITED TO THE FOU.OWING: A . THE CONDUC1lNG OR MAINTAINING OF ANY BUSINESS. OCCUPATION. OPERATION. OR ACT1Vl1Y PROHIBITED BY ANY 1TI1E OF THIS CODE: OR R THE CONTINUOUS OR REPEATED CONDUCTING OR MAINTAINING OF ANY BUSINESS. OCCUPATION OPERATION, ACTIVrIY. BUILDING . I.\ND, OR PREMISES IN VIOLATION OF THIS nn.E: OR 4 • . .. ., •· • 0 • ,, - . ' -• • •~ . • ' c. ANY FENCE. WAIL. SHED. DECK. HOUSE. GARAGE. BUILDING. SI'RUcnJRE OR ANY PART OF nlE AFORESAID ; OR ANY TREE. POLE. SMOKESTACK: OR ANY EXCAVATION, HOLE. PIT. BASEMENT. CEUJ\R. SIDEWAIK SUBSPACE. OR ANY LOT. LAND . YARD. PREMISES OR LOCATION WHICH IN rrs ENI1RE'IY. OR IN ANY PART 11-IEREOF. BY REASON OF 11-IE CONDmON IN WHICH 11-fE SAME IS FOUND OR PERMITIED 10 BE OR REMAIN. SHAU. OR MAY ENDANGER 11-fE HEAL11i. SAFE'IY. UFE. UMB OR PROPERIY, OR CAUSE ANY HURi', HARM. INCONVENIENCE. DISCOMFORT, .. DAMAGE OR INJURY 10 ANY ONE OR MORE INDMDUAL.5 IN 11-fE Cl'IY, IN ANY ONE OF 11-IE FOU.OWING PARTICULARS: l. BY REASON OF BEING A MENACE. 11-IREAT AND/OR HAZARD 10 11-IE GENERAL HEAL11i AND SAFETY OF 11-IE COMMUNfIY. 2 . BY REASON OF BEING A FIRE HAZARD . 3. BY REASON OF BEING UNSAFE FOR OCCUPANCY, OR USE ON. IN . UPON. ABOlIT OR AROUND 11-IE AFORESAID PROPERIY. 4 . BY REASON OF DETERIORATION OR DECAY BECOMES RODENT INFESTED. OR WHICH BECOMES A PU.CE FREQUENI'ED BY TRESPASSERS AND TRANSIENTS SEEKING A TEMPORARY HIDEOlIT OR SHELTER 5. BY REASON OF LACK OF SUFFlCIENf OR ADEQUATE MAINTENANCE OF 11-IE PROPERIY. AND/OR BEING VACANT, ANY OR WHICH DEPRECIA1ES 11-IE ENJOYMENT AND USE OF 11-IE PROPERIY IN 11-IE IMMEDIATE VICINnY 10 SUCH AN EXTENT THAT IT IS HARMFUL 10 11-IE COMMUNnY IN WHICH SUCH PROPERIY IS SITUATED OR SUCH CONDmON EXISTS. D . ANY UNLAWFUL POLUmON OR CONTAMINATION OF ANY SURFACE OR SUBSURFACE WATERS IN nllS CnY. OR OF 11-IE AIR. OR ANY WATER. SUBSTANCE. OR MATERIAL INI'ENDED FOR HUMAN CONSUMPTION IN 11-IE Cl'IY: OR E. ANY ACTtvrIY. OPERATION. OR CONDmON WHICH . AFTER BEING ORDERED ABATED. CORRECI'ED. OR DISCONfINUED BY A LAWFUL ORDER OF AN AGENCY OR ornCER OF 11-IE CnY. CONfINUES 10 BE CONDUCTED OR CONTINUES 10 EXIST IN VIOLATION OF ANY OF 11-IE FOLLOWING : • • l. ANY 1Tll.E OF 11-IIS MUNICIPAL CODE. • • 0 , I ]- OCCUPANT ORGANIC OWNER PERSON POTABLE WATER PREMISES PREMISES, PRNATE PROPER1Y PROPER1Y. BUSINESS PUBLIC PLACE PUTRESCIBLE • • I• • ,. 2. ANY REGULATION ENACTED PURSUANT TO nus MUNICIPAL CODE. 3 . ANY SfATIJIE OF TIIE SfATE OF COLORADO. 4. ANY REGULATION OF TIIE SfATE OF COLORADO. SEE RESPONSIBLE PAR1Y. Referring to or derived from IMng organisms. SEE RESPONSIBLE PAR1Y. ANY INDMDUAL. FIRM, CORPORATION. ASSOCIATION OR PARTNERSHIP. " - Water which, without further treatment. Is suitable for drinking. culinary and domestic purposes. A lot, parcel , tract or plot of land, together with the buildings, structures thereon. Any dwelling. house. building or other structure, designed or used, either wholly or In part. for private residential purposes, whether Inhabited or temporartly or continuously uninhabited or vacant. and shall Include any yard. grounds, walk. driveway. porch. steps. vestibule or mailbox belonging or appurtenant to such dwelling. house, building or other structure. and private land on whkh no building exists. Private premises include business property. Land and. generally. what.ever Is erected. growing upon or affixed to land. Real property on whtch Is located a building. Property that Is zoned or used for commercial use which Is used prtnctpally for the sale or lease of merchandise. goods. or services. or Interest In land which Is generally recogntzed as being zoned for a retail or wholesale business. Any and all streets. sidewalks. boulevards. alleys or other public ways and any and all public parka. squares. grounds and buildings owned or maintained by the City or other governmental agency provided for the beneftt of the general public. Capable of being decompoaed by microorganisms with sufficient rapidity to caul!IC a nuisance from odors or gases. 6 • . .,; • • 0 , ]- J <==- RECREATIONAL VEHICLE REFUSE RESPONSIBLE PAR'IY RUBBISH • • l • . • ' <, A vehicular-type portable structure without permanent foundation vehicle which can be towed , hauled or driven and prtmartly designed as temporary Uvtng accommodation for recreational, camping and travel use and including. but not Urntted to. travel trailers, truck campers. camping trailers and self-propelled motor homes. ~- All putresctble or nonputresctble waste, Including garbage. rubbish, ashes. street cleanings. dead animals. offal. droppings. abandoned appliances. and vehicle parts. PERSON . AS DEF1NED HEREIN. WHO IS AN OCCUPANT OF OR HAS AcnJAL POSSESSION OF; OR IS niE OWNER. EmiER ALONE. JOINll,Y OR SEVERALLY wrrH O'niERS OF ANY REAL OR PERSONAL PROPERIY, OR AGENT OF niE OWNER. FOR PURPOSES OF rn1s DEFINTl10N OWNERSHIP SHAU. INCLUDE ANY PERSON. AS DEFINED HEREIN . WHO : A. HAS A LEGAL OR EQUITABLE IN'IBRESf IN REAL OR PERSONAL PROPERIY. wrrn OR wrrnour ACCOMPANYING AcnJAL POSSESSION lliEREOF; OR R ACTS AS niE AGENI' OF A PERSON HAVING A LEGAL OR EQUITABLE IN'IBRESf IN A IN REAL OR PERSONAL PROPERIY; OR C. IS lliE GENERAL REPRESENI'A11VE OR FIDUCIARY OF AN ESTATE lliROUGH WHICH A LEGAL OR EQUITABLE INTERESf IN A REAL OR PERSONAL PROPER'IY IS ADMINIS1'ERED; OR D. lliE RECORD OWNER WHE1HER PERSON . FIRM OR CORPORATION. OR ANY AGENT OR REPRESENTATIVE OF rnE RECORD OWNER. Nonputre9ctble waste consisUng of both combustible and noncombustible wastes. such u paper. wrapptngs. lea-. branches. wood. waste buildtng mater1ala. glass. bedding. crockery. household fumtahtngs and slmtlar matertals. 7 -----~- . , • .. • • 0 l - - SPECIAL MOBILE EQUIPMENT SCRAP MOTOR VEHICLES STORAGE/MOTOR VEHICLE STREET TEMPORARY HOUSING TRAILER TRAILER COACH OR MOfOR HOME TRAILER. SMALL • • • '· Means and consists of vehicles, self-propelled or otherwise, designed prlmartly for operation or use on or off the streets and highways and only Incidentally used or moved upon such streets or highways. This definition shall include by way of example, but not by way of limitation. snowplows, road construction or maintenance equipment. ditch digging or excavating apparatus, well drilling or boring equipment. fire-fighting equipment, vehicles designed to transport equipment and vehicles used In connection with or for the repair and maintenance of construction or maintenance equipment temporartly or permanently mounted on such vehicles; provided. that such equipment Is transported from yard to job. job to job. or job to yard and equipment primarily designed for hoisting. lifting. moving. loading or digging operations. The foregoing deftnttion Is partial and shall not Include other vehicles of unusual demgn . si7.e or shape that are designed prlmartly for purposes other than transporting merchandise or passengers. Motor vehicles not capable of being operated on pubUc streets under the laws of the State of Colorado. To leave, park. stand, or halt a vehicle or motor vehicle In a certain place for a period of seventy-two (72) hours or longer. Any pubUc thoroughfare for the free passage of persons. trade or commerce. and which affords a principal means of access to property abutting along Its length. This term does not include private roads. Any tent. trailer. coach or other structure used for human shelter. which Is designed to be transportable. and which Is not attached to the ground, to another structure, or to any utiUties In a Ucensed trailer park. Any wheeled vehicle, without motive power and having an empty weight of more than two thousand (2,000) pounds. which Is demgned to be drawn by a motor vehicle and to carry Its cargo load wholly upon Its own structure and which Is generally and commonly used to carry and transport property over the pubUc highways. Any wheeled vehicle. which ts a single. self-contained unit. wtth motive power. which Is designed and generally and commonly used for occupancy by persons for residential purposes. In either temporary or permanent locations. and which may occasionally be driven over the public highways as a motor vehicle. For the purpose of Title 15. Englewood Municipal Code only , a small trailer 111 any wheeled vehicle. without mouve power and having an empty weight of two thousand {2,000) pounds or less. which Is designed to be drawn by a motor vehicle and to carry Its cargo load wholly upon Its own structure and which ta aenerally and commonly used to carry and transport property over the public highways . I ,, -. ( .. • • 0 I TRASH TRASH CONTAINER TRASH HAULING TRUCK USABLE OPEN SPACE • • • Discarded materials Including, but not limited to household wastes, furniture. construction supplies and materials, garden, lawn and landscaping supplies and wastes, scrap wood. metal. or other matertals, clothing and bedding. The terms waste and trash are Interchangeable for purposes of this Ordinance. A container of metal, wood or plastic with a top or cover that can be securely fashioned on the container to prevent the contents from being carried or scattered by the elements or animals. Paper or plastic bags arc not permitted trash containers except for grass clippings and leaves. If properly secured. Any person. partnership. or corporation transporting trash for disposal for any fee or other compensation In the City of Englewood . Any motor vehicle equipped with a body designed to Carty property and which ts generally and commonly used to Carty and transport property over the public highways. On-site space that ts absent of any building or structure. Open space could contain, but ts not limited to the following : sidewalks. trellises. swings. arbors, swimming pools. tennts courts. and landscaping. Surface parking ts not to be considered as usable open space. WASTE The terms "waste" and "trash" have the same meaning and arc Interchangeable for purposes of this Ordinance. (See also trash) VEHICLE Means any device which ts capable of moving Itself. or of being moved, from place to place upon wheels or endless tracks; such term. for the purpose of this title, shall not include any farm tractor or any Implement of husbandry designed primartly or exclusively for use and used in agricultural operation or any device moved by muscular power. This deftnttion also means any self- propelled vehicle. which ts designed prtmartly for travel on the public highways and which ts generally and commonly used to transport persons and property over the publtc highways. VEHICLE. COMMERCIAL Any motor vehicle licensed by the State of Colorado as a commerctal vehicle. Any vehicle designed. maintained or used primarily for the transportation of property. VEHICLE . DERELICT Any vehicle which Is wrecked , damaged. or substanttally dismantled to the extent that such vehicle ts Inoperable or Is Incapable of being moved under Its own power. It shall include any vehicles missing one or more wheels and any vehicle which lacks a current license plate or emissions sticker or which lacks Insurance. 9 ,,_ • . D .. •· • 0 , ~• ]- VEHICLE. HOBBY VEHICLE. MOfOR WASTE WEED YARD YARD. FRONT YARD.REAR YARD. SIDE • • I • • ' <. Any vehicle of the following type In the process of being built. restored or maintained as a hobby or diversion from one·s regular occupation: boat. classic car. experimental car. off-road vehicle, and race car and derelict vehicle. Any self-propelled vehicle that Is designed prtmarlly for travel on the public highways and which ts generally and commonly used to transport persons and property over the public highways. The Terms "waste" and "trash" have the same meaning and are Interchangeable for purposes of this Ordinance. (See also trash) Weeds. grass, brush or other rank or noxious vegetation that has grown to maturity or Is In excess of six Inches (6") In height. An existing or required open space. other than a court. on the same lot with a prtnctpal building or structure. open. unoccupied and · unobstructed from the ground to the sky. except as otherwise provided herein. A yard extending across the full width of the lot between the front lot line and the nearest line or point for buildings as required by setback requirements. A yard extending across the full width of the lot between the rear lot line and the nearest line or point of the prtnctpal building. A yard between the side line of the lot and the nearest line of the bulldtng and extending from the front yard to the rear yard. or In the abecnce of either of such yards. to the front or rear lot line. as maybe. Section 4. The City Council of the City of Englewood. Colorado hereby amends the language of Title 9 . Deftntttons and Section 3, of this Ordinance to Insert In alphabetic order the following definition : EXTERMINATION The Control and elimination of Insects, rodents. vermin or other pests by ellmtnattng their harborage places: by rcmovtng or making INacceuible materials that may serve aa their food: or by poisoning. spraying. fumigating. trapping or stmtlar means. 10 "' - • . .. ... • • 0 I I • • 0 • Section 5. The City Council of the City of Englewood. Colorado hereby readopts and amends language previously under 15-6-l(B). which prohibited nuisances and which was repealed In Section I of this Ordinance. Title 15, Chapter 2 . shall now read as follows : 15-2-1 : CHAPTER 2 NUISANCE PROHIBITED: A. It shall be unlawful for any person to commit or do any act constituting a nuisance. B. It shall be unlawful for any person to create. continue or suffer the existence of any nuisance on any property under his control. Section 6. The City Council of the City of Englewood, Colorado hereby readopts and amends language previously under 15-5-6. allowing the City Manager to abate nuisances. which was repealed in Section I of this Ordinance. Title 15. Chapter 3. shall now read as follows: CHAPTER 3 ADMINISTRATIVE ABATEMENT OF NUISANCES: 15-3-1:THE CI1Y MANAGER'S POWER TO ABATE A NUISANCE IN CASE OF AN EMERGENCY. The City Manager er hi• d1111i(IAN Is hereby authorized to IMMEDIATELY abate or enjoin any nuisance existing In the City WTniOUT FOILOWING IBE PROCEDURES OF TI-IIS CHAPIBR IN TiiE CASE OF AN EMERGENCY. whether or not such nuisance Is specifically recognized by erdlAaAGII THIS TITLE. Section 7. The City Council of the City of Englewood. Colorado hereby adopts an administrative abatement procedure In non-emergency situations which shall read as follows : 15-3-2 : ADMINISTRATIVE ABATEME!IIT PROCEDURE IN NON-EMERGENCY SITUATIONS. IF. AFTER INSPECTING TiiE PROPER'IY ON WHICH A NUISANCE IS REPORTED. IBE ENFORCEMENT PERSONNEL WHO ARE CHARGED OR DESIGNATED BY TiiE CI1Y MANAGER wrrn INVESTIGATING NUISANCES DECLARE TiiE EXISTENCE OF A NUISANCE. TiiE FOLLOWING PROCEDURES SHAIL BE FOILOWED. A . PHOTOGRAPHS AND/OR VIDEOTAPES AND/OR WRITI'EN REPORTS AND FINDINGS SHALL BE GENERA'IBD . B. TiiE RESPONSIBLE PAR'IY OR PARnES SHALL BE DEn:RMINED. c . WTrnlN IBE FIRST SEVEN (7) DAYS OF THE DISCOVERY OF A NUISANCE. THE CODE ENFORCEMENT OFFICER{S) SHAIL HAVE IBE DISCRETION TO INFORMALLY ABATE TiiE NUISANCE BY SPEAKING Wini THE RESPONSIBLE PAR1Y . IN THE EVENT TliAT TiiE INFORMAL PROCEEDINGS FAIL TO ABATE TI-IE NUISANCE WIIBIN TI-IE SEVEN (7) DAYS THE CODE ENFORCEME!IIT OFFICER MAY. AT HIS/HER DISCRETION, ISSUE A SUMMONS AND COMPWNT TO TI-IE RESPONSIBLE PAR1Y OR SHALL ISSUE A NOTICE PURSUANT TO E .M.C . 15-3-3 (D). II •· • . r,~ • I : t , • 0 • D . IF THE NUISANCE HAS NOT BEEN ABATED BY THE INFORMAL PROCESS OR A SUMMONS AND COMPLAINT HAS NOT BEEN ISSUED AT THE CONCLUSION OF THE SEVEN (7) DAYS SET FORTH IN E .M.C . l5-3-2(C), A WRfITEN NOTICE IN ESSENTIALLY TI-IE FORM SET FORTH IN E.M.C. 15-3-3 OFTI-IIS CHAPTER SHALL BE SERVED UPON TI-IE RESPONSIBLE PARIY BY PERSONAL SERVICE OR BY LEAVING A COPY OF TI-IE NOTICE AT TI-IE USUAL PLACE OF RESIDENCE OR BUSINESS OF SUCH OWNER. RESPONSIBLE PARIY SHOWN BY TI-IE RECORDS CONTAINED IN IBE COUNIY CLERK AND RECORDER'S OFFICE OR IN TI-IE COUNIY TAX ASSESSORS OFFICE, OR BY MAILING A COPY OF IBE WRfITEN NOTICE TO SUCH RESPONSIBLE PARIY AT SUCH PLACE OR ADDRESS BY UNITED STATES MAIL. CERTIFIED RETIJRN RECEIPT. IF SERVICE OF SUCH WRfITEN NOTICE IS UNABLE TO BE PERFECI"ED BY ANY METHODS DESCRIBED ABOVE. IBE ENFORCEMENT PERSONNEL SHALL CAUSE A COPY OF TI-IE NOTICE TO BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN IBE CrIY. ONCE A WEEK FOR 1WO CONSECUTIVE WEEKS. OR BY POSTING TI-IE NOTICE ON TI-IE PROPER1Y. E. THE NOTICE SHALL STATE CLEARLY AND CONCISELY THE FINDINGS OF THE ENFORCEMENT PERSONNEL WTrn RESPECT TO TI-IE EXISTENCE OF TI-IE NUISANCE. AND THE SECTION OF THE CrIY ORDlNANCE(S) THAT HAVE BEEN VIOLATED . F. THE NOTICE SHALL ALSO STATE THAT UNLESS TI-IE RESPONSIBLE PARIY SHALL CAUSE TI-IE ABATEMENT OF THE NUISANCE PURSUANT TO THE NOTICE AND TI-IIS CODE. THE CrIY MAY ABATE THE NUISANCE AT TI-IE EXPENSE OF THE RESPONSIBLE PARIY OR MAY ISSUE A CRIMINAL SUMMONS AND COMPLAINT OR BOTH. Section 8 . The City Council of the City of Englewood, Colorado hereby readopts and amends language previously under 15-3-2, which was repealed In Section l of this Ordinance. Title 15. Chapter 3. Section 3, shall now read as follows: 15-3-3 : NOTICE FORM. THE FOILOWING NOTICE SHALL BE USED BY AIL DEPARIMENTS EMPOWERED wm-t THE ABATEMENT OF ANY AND ALL NUISANCES OF THIS 'ITILE. NOTICE NOTICE IS HEREBY GIVEN TiiAT THERE EXISI'S UPON nus PROPER'IY THE FOILOWING CONDmON(S) OR VIOLATION(S) WHICH GIVE RISE TO A NUISANCE PURSUANT TO TI-IE FOLLOWING SECTION(S) OF TiiE ENGIEWOOD MUNICIPAL CODE: YOU HAVE THIR'IY (30) DAYS IN WHICH TO ABATE TiiE ABOVE DESCRIBED NUISANCE(S). IN THE EVENT THAT YOU DO NOT ABATE THE NUISANCE(S) WTrnlN THE 1lilR1Y (30) DAYS TiiE CrIY OF ENGLEWOOD MAY . AT ITS OPTION. ABATE THE NUISANCE AT YOUR EXPENSE. OR lN THE ALTERNATIVE ISSUE A SUMMONS AND COMPLAINT OR BOTI-1 , DIRECTING TiiAT YOU APPEAR IN THE MUNICIPAL COURT FOR THE CrtY OF ENGIEWOOD, TO ANSWER TO THE CHARGES AS SET FORTH ABOVE. 12 ' . •. •· ' • 0 • • IN THE EVENT 1liAT YOU DO NOT BELIEVE niAT THERE EXISl'S UPON THIS PROPER1Y TIIE NUISANCE(S) AS SET FORil-1 UPON THIS NOTICE. YOU HAVE TIIE RIGHT TO APPEAL THIS NOTICE AND TO REQUEST AN ADMINISTRATIVE HEARING BY MAKING A WRITrEN DEMAND TO THE Cl1Y FOR A HEARING wm-llN SEVEN (7) DAYS OF TIIE P05nNG OR RECEIPT OF TIIIS NOTICE. SUCH WRrITEN DEMAND SHAU. BE MADE TO TIIE CIERI< OF TIIE ENGIEWOOD MUNICIPAL COURr, ON THE FORM PROVIDED BY SAID CLERK. Section 9 . The City Council of the City of Englewood, Colorado hereby adopts Title 15. Chapter 3. Section 4 , which shall read as follows: 15-3-4: RESPONSIBLE PAR1Y ABATEMENT. Wfrn!N THIRIY (30) DAYS AFTER THE DATE OF POSilNG OR ntE DATE OF MAILING OF TI-IE NOTICE AND ORDERS TO ABATE THE NUISANCE. ntE RESPONSIBLE PAR1Y OF THE AFFECTED PROPER1Y SHALL REMOVE AND ABATE SUCH NUISANCE. Section l 0. The City Council of the City of Englewood. Colorado hereby adopts Title 15, Chapter 3 , Section 5, which shall now read as follows : 15-3-5: ADMINISTRATIVE APPEAL PROCEDURES: THE RESPONSIBLE PARIY WHO HAS BEEN SERVED WITH A NOTICE PURSUANT TO nus CHAPTER MAY. WITHIN SEVEN (7) CALENDAR DAYS AFTER RECEIPT OF THE NOTICE, MAKE A WRITl'EN DEMAND TO THE CrIY FOR AN ADMINISTRATIVE HEARING ON THE QUESTION OF WHETHER A NUISANCE IN FACT EXISI'S ON THE SUBJECT PROPER1Y . A . THE RESPONSIBLE PAR'IY MUST FILE A WRITTEN DEMAND WITH lliE CLERI< OF THE ENGLEWOOD MUNICIPAL COURJ' ON A FORM PROVIDED FOR SUCH A HEARING BY TiiE CLERK. B. AN ADMINISTRATIVE HEARING SHAU. BE HELD WITHIN SEVEN (7) CALENDAR DAYS FOU.OWING RECEIPT BY THE Cl1Y OF TiiE WRl'ITEN DEMAND AND AT LEAST 1WO (2) DAYS NOTICE OF THE HEARING SHAU. BE GIVEN TO THE PERSON WHO MADE THE WRITl'EN DEMAND FOR TiiE HEARING. C. THE ADMINISTRATIVE HEARING SHAU. BE CONDUCTED BY A HEARING OFFICER WHO SHALL BE DESIGNATED BY TI-IE CrIY MANAGER TI-IE SOIE ISSUE BEFORE ntE HEARING OFF1CER SHAU. BE WHETHER TIIE CONDmON(S) DESCRIBED IN TIIE NOTICE CONS1TIUl'ES A NUISANCE. IF THE HEARING OFF1CER FINDS lliAT A NUISANCE EXISI'S. THE HEARING OFFICER SHAU. CONFIRM TI-IE ORDER 1liAT THE NUISANCE BE ABATED. IF THE HEARING OFFICER FINDS 1liAT NO NUISANCE EXISTS. THE HEARING OFFICER HAS THE AUTHORl1Y TO VACATE THE NOTICE. D . FAILURE OF TiiE RESPONSIBIE PAR'IY TO REQUEST A HEARING WTrnlN THE SEVEN (7) CALENDAR DAYS . OR FAILURE TO APPEAR FOR THE SCHEDULED HEARING. SHAU. BE DEEMED A WAIVER OF THE RIGHT TO SUCH HEARING. 13 .. ., •· • 0 ]- • • ,~ • E. lliE HEARING OFFICER SHALL CONDUCT lliE HEARING IN AN INFORMAL MANNER AND SHALL NCYr BE BOUND BY TECHMCAL RULES OF EVIDENCE. SUCH HEARING SHALL BE TAPE-RECORDED. lliE RESPONSIBLE PARIY. IF ANY. OF lliE SUBJECT PROPER1Y SHALL BE GNEN lliE OPPOR'IUNnY TO PRESENT EVIDENCE DURING lliE COURSE OF lliE HEARING. IN ADDmON, MEMBERS OF lliE PUBUC AND nfE CnY ENFORCEMENT PERSONNEL WHO ORIGINALLY DETERMINED THAT A NUISANCE EXISTED ON nfE SUBJECT PROPER1Y. SHALL ALSO BE GNEN AN OPPOR'IUNnY TO PRESENT EVIDENCE. F . AT lliE CONCLUSION OF nfE HEARING. nfE HEARING OFFICER SHAU. PREPARE A WRrITEN DECISION THAT DAY. A COPY OF SUCH DECISION SHALL BE PROVIDED TO lliE PERSON REQUESTING nfE HEARING AND nfE ENFORCEMENT PERSONNEL. G lliE DECISION OF lliE HEARING OFFICER 15 FINAL. H. AN APPEAL OF lliE HEARING OFFICER'S ORDER. BY EmiER nfE RESPONSIBLE PAR1Y OR lliE CnY. SHALL BE MADE TO A COURT OF COMPETENT JURISDICTION . IF lliE HEARING OFFICER CONFIRMS nfE ABATEMENT ORDER. lliE DATE FOR ABATEMENT SET FORTH IN lliE NOTICE AND ORDER SHALL APPLY UNLESS A STAY 15 ORDERED BY nfE COURT. TO WHICH AN APPEAL 15 MADE . Section l l. The City Council of the City of Englewood. Colorado hereby adopts Tttle 15. Chapter 3. Section 6. which shall read as follows : 15-3-6: CI1Y ABATEMENT OPTIONS. IN lliE EVENT THAT nfE NUISANCE 15 NCYr ABATED WJTiilN nfE (30) DAYS SET FOR'lli IN THE NOTICE AND IF NO APPEAL OF nfE NCYnCE HAS BEEN FILED BY nfE RESPONSIBLE PAR1Y Wini nfE CnY. nfE CnY MAY EmiER ABATE THE NUISANCE AT TiiE EXPENSE OF rnE RESPONSIBLE PAR1Y. OR IN rnE ALTERNATIVE ELECT TO ISSUE A CRlMJNAL SUMMONS AND COMPLAINT DIRECTING lliE RESPONSIBLE PARIY TO APPEAR IN lliE MUNICIPAL COURT TO ANSWER TO TiiE AILEGED VIOLATION(S) OF nfE CnY ORDINANCE WHICH GAVE RISE TO rnE NUISANCE OR eorn. Section 12. The City Council of the City of Englewood. Colorado hereby readopts and amends language previously under 15-3 -2, which was repealed In Section l of this Ordinance. Tttle 15, Chapter 3. Section 7 . shall now read as follows : 15 ·3 · 7 : ABATEMENT COSTS: IN ALL CASES WHERE nfE CnY SHALL INCUR ANY EXPENSE FOR ABATING OR REMOVING ANY NUISANCE FOUND UPON ANY PROPER1Y. LOT OR PREMISES. ALL EXPENSES OF SUCH ABATEMENT PLUS AN ADMINISTRATION COST OF 1WENTY-FNE PERCENT (25%) MAY BE CHARGED AGAINSTTiiE REAL PROPER1Y AND ITS OWNER 14 • . ., I· • 0 l • • •, • • A Notice of Costs. If the City Incurs costs taking abatement action required by this Section, a statement shall be prepared for the entire cost plus THE twenty-five percent (25%) administrative costs, and shall be malled by Certifted Mail, Return Receipt Requested, to the property owner with Instructions that said costs for abatement shall be paid In full within thirty (30) days of said malling date. The statement shall also Inform the property owner that failure to pay the costs for abatement within thirty (30) days shall result In an ADDmONAL PENAL'IY AND AN assessment being made against the property, wr OR PREMISES UPON WHICH IBE NUISANCE EXl51'ED OR FROM WHICH IBE NUISANCE EMANA'IED which shall constitute a lien to the benefit of the City pursuant to the provisions of this Tttle. R Assessment of Costs. If the full amount of the cost statement regarding v'Nd aRd/er u:aall NUISANCE abatement Is not paid within thirty (30) days of the statement mailing date, the City Manager or his destgnee shall assess the entire amount of the statement plus an additional twenty-five percent (25%) penalty against the specified real property. After assessment by the City Manager or his destgnee. a copy shall be sent to eMA owner of record of the assessed property. The assessment shall contain a legal description of the property. the expenses and costs Incurred, the date that the abatement action occurred, and a notice that the City claims a lien for the stipulated amount. The City Manager or his destgnee shall certify such assessment to the County Treasurer who shall collect such assessment tn the same manner as ad valorem taxes are collected. C. Uen Assessment. From the date of the assessing statement. all assessments shall constitute a perpetual lien against the specified real property and shall have priority over all liens excepting general tax liens and prior special assessments. No delays. mistakes. errors or trregulartttes In any act or proceeding authorized herein shall prejudice or Invalidate any ftnal assessment: but the same may be remedied by the City Manager or his deslgnee. as the case may require. upon application made by the property owner or other Interested person. When so remedied, the same shall take effect as of the date of the ortgtnal . assessment. D. Other Remedies. I. Any unpaid charge plus the costs and asaeuments not resulting from action by the Englewood Muntctpal Court shall constitute a debt due the City. 1be City Attorney shall. at the dtrection of the City Council. Institute ctvt1 sutt In the name of the City to recover such charges. costs and asaesaments. 1bese remedies shall be cumulaUve with all other remedies, Including proeecution In Muntctpal Court for each violation of this Chapter pursuant to the provlalons and penalties established by 'f&&ls l. Cllapt• 4 af tll6a CGds E.M.C. 1-4-1. 15 • . .. • • 0 '"t. I ]- • • 0 I • • Section I 3 . The City Council of the City of Englewood. Colorado hereby adopts a judicial abatement procedure, which shall read as follows : CHAPTER4 JUDICIAL ABATEMENT OF NUISANCES : .. - A . IN ADDmON TO ALL OTiiER REMEDIES PROVIDED BY LAW, INCLUDING nIOSE SPECIFIED AND SET FOR'Ili IN E.M .C . 1-4-1, nIE ENGLEWOOD MUNICIPAL COURr MAY. UPON A FINDING nIAT A NUISANCE EXISTS. ISSUE AN ORDER ENJOINING nIE NUISANCE . AUnIORIZING ITS REPAIR. RESTRAINT. REMOVAL. TERMINATION OR ABATEMENT. B. A RESPONSIBLE PARIY FOUND BY nIE COURr TO HAVE CAUSED A NUISANCE OR ALLOWED nIE NUISANCE TO BE CAUSED OR TO BE CONTINUED SHALL BE LIABLE FOR ALL COSTS INCURRED BY nIE Cl1Y TO ABATE SAID NUISANCE . SUCH COSTS MAY BE COLLECTED BY TiiE CITY PURSUANT TO MUNICIPAL COURr ORDER. IN A CIVIL ACTION OR ASSESSED AS A LIEN AGAINSf ANY PROPERIY ON WHICH THE ABATEMENT WAS PERFORMED AS SPECIFIED IN E .M.C . 15-3-7. C. PRIMA FAClA EVIDENCE . nIE ISSUANCE OF nIREE (3) OR MORE NOTICES OF VIOLATION OF nIIS TITLE SHALL BE PRIMA FACIE EVIDENCE THAT THE RESPONSIBLE PARIY DELIBERATELY AND WILFULLY VIOLATED THIS TITLE AND MAY BE PUNISHED WmilN THE DISCRETION OF THE COURr AS PROVIDED IN E .M.C. 1-4 -1. THIS REMEDY SHAil.. BE CUMULATIVE WITH ALL OTiiER REMEDIES. Section 14 . The City Council of the City of Englewood. Colorado hereby adopts a procedure to determine vested rights and takings quesUons. which shall read as follows : CHAPTER 5 15-5 -1:VESTED RIGHTS AND TAKINGS DETERMINATION . A . PURPOSE. nIE PURPOSE OF THIS CHAPTER IS TO PROVIDE A PROCEDURE FOR RELIEF. WHERE APPROPRIATE. TO PERSONS WHO CWM THAT THE ENFORCEMENT OF ANY PORTION OF THIS 11TLE HAS INTERFERED wm-I HIS OR HER VESTED RJGl-n'S TO DEVELOP. OR WHO CWM THAT HIS OR HER PROPER'IY HAS BEEN TAKEN BY REASON OF ABATEMENT OF A NUISANCE ARISING FROM HIS OR HER PROPERIY . 8 . TiiE PROCEDURES OF THIS CHAPraR SHALL BE FOU.OWED TO CONCWSION PRIOR TO SEEKING RELIEF FROM A COURr Of' COMPETENT JURISDICTION BASED UPON ANY WM Of' VESTED RJGl-n'S . OR ANY AILEGED DENIAL Of' ECONOMICALLY BENEFICIAL USE Of' PROPER'IY OR ANY DEPRIVATION Of' DUE PROCESS WHICH CAUSES A TAKING . OR ANY OTHER TAKING Of' REAL OR PERSONAL PROPER'IY. ADMINISTRATIVE PROCESS/HEARING Of'f'ICER AN OWNER. OCCUPANT. OR DEVELOPER Of' REAL PROPER'IY. OR AN OWNER OR OCCUPANI' OF PERSONAL PROPERIY WHO ClAIMS THAT CERTAIN ACTS BY Of'F'ICIALS , ACTING ON BEtw.F' Of' TiiE Cl1Y Of' ENGLEWOOD AND DISCHARGING THE Of'FlCIAL DUTIES Of' THEIR Of'FlCE. ARE IN EFFECT A TAKING Of' TiiE SAJD REAL OR PERSONAL PROPERIY. MAY SEEK A VEsrED RIGHTS DETERMINATION IN ACCORDANCE wrrn THE PROCEDURES DESC RIBED IN nIIS CHAPraR 16 • . . n"it • . I· • ' - • • • 0 • l. AN OWNER. OCCUPANT OR DEVEWPER OF REAL PROPER1Y MAY ASSERT ANY LEGALLY RECOGNIZED TAKINGS CLAIM, INCLUDING, Btrr NOT LIMITED TO. A CI...AIM TiiAT HE OR SHE HAS BEEN DEPRIVED OF AU.. "ECONOMICALLY BENEFICIAL USE" OF HIS OR HER PROPERIY; TiiAT A CONDmON, REQUIREMENT OR ACT BY THE CrIY DOES NOT HAVE A "REASONABLE NEXUS" TO THE VIOLATION OCCURRING OR EMANATING FROM THE PROPERIY; TiiAT SUCH A CONDmON IS NOT "ROUGHLY PROPORTIONAL" TO THE VIOLATION OCCURRING OR EMANATING FROM OR UPON THE PROPERIY OR TiiAT ACTIONS BY THE CITY UNDER THIS TITI..E HAVE RESULTED IN A DEPRIVATION OF DUE PROCESS. 2 . SUCH PERSONS SHALL BE PROVIDED AN OPPORTUNITY FOR AN ADMINISTRATIVE HEARING, THE RIGHT TO PRESENT AND REBtrr EVIDENCE. A FORMAL RECORD AND AN IMPARTIAL HEARING OFFICER IN ACCORDANCE WITH ntE FOLWWING PROCEDURES. A . ntE HEARING OFFICER SHALL BE SELECTED AND APPOINTED BY THE CITY ATTORNEY AND SHALL BE AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF COWRADO. SUBJECT TO THE PROVISIONS HEREINAFTER PROVIDED. THE HEARING OFFICER SHALL ISSUE FORMAL FINDINGS OF FACT. CONCLUSIONS OF LAW, AND A VESTED RIGHTS DETERMINATION AND/OR TAKINGS DETERMINATION, DEPENDING ON THE NATURE OF THE CI...AIM ASSERTED BY THE APPLICANT. D . APPLICATION. AN APPLICATION FOR A VESTED RIGHTS DETERMINATION OR TAKINGS DETERMINATION SHALL BE SUBMITl"ED TO TiiE CITY MANAGER OR HIS DESIGNEE IN TiiE FORM ESTABLISHED BY ntE Cl1Y MANAGER. AN APPLICATION FEE IN AN AMOUNT TO BE SET BY COUNCIL RESOLtmON SHALL ACCOMPANY AND BE PART OF TiiE APPLICATION. THE APPLICATION SHALL. AT A MINIMUM. INCLUDE: I. TiiE NAME. ADDRESS AND TEIEPHONE NUMBER OF THE PROPER1Y OWNER OR OCCUPANT: 2 . THE STREET ADDRESS OF TiiE SUBJECT PROPER1Y: 3 . A SHORT AND CONCISE STATEMENT OF THE ALLEGED NUISANCE VIOLATION CITED. INCLUDING A COPY OF ANY NOTICES. CITATIONS OR OTHER DOCUMENTATION PROVIDED TO THE PROPER1Y OWNER OR OCCUPANT BY THE Cl1Y OR Cl1Y EMPLOYEE. E . lliE APPLICATION FEE SHALL BE APPLIED TO ALL Otrr-OF -POCKET EXPENSES ACTUALLY INCURRED BY THE CrIY IN CONNECTION Willi lliE HEARING PROCESS , INCLUDING WllliOlIT LIMITATION FEES FOR. AND EXPENSES INCURRED BY THE HEARING OFFICER: COSTS OF REPORTING AND TRANSCRIBING THE PROCEEDINGS BEFORE THE HEARING OFFICER: AND cosrs OF PRODUCING EXHIBITS. THE APPLICATION FEE SHALL NOT BE APPLIED TO ANY IN-HOUSE COSTS INCURRED BY TiiE CITY. SUCH AS COMPENSATION FOR CITY STAFF TIME . ANY PORTION OF TiiE APPLICATION FEE NOT USED BY THE Cl1Y TO PAY THE COSTS REFERRED TO ABOVE SHALL BE REnJRNED TO THE APPLICANT UPON COMPLETION OF lliE HEARING AND APPEAL PROCESS . 17 .. •· • 0 f -• 0 I • • ... F . WITHIN FIVE (5) WORKING DAYS AFTER RECEIPT OF AN APPLICATION FOR VESTED RIGHTS OR TAKINGS DETERMINATION. THE CITY MANAGER OR A DESIGNEE SHALL DETERMINE WHETIIER THE APPLICATION SUBMITTED IS COMPLETE. IF HE OR SHE DETERMINES THAT THE APPLICATION IS NOT COMPLETE, THE CITY MANAGER OR A DESIGNEE SHALL NOTIFY THE APPLICANT IN WRITING OF THE DEFICIENCIES. THE CITY MANAGER OR A DESIGNEE SHALL TAKE NO FURTIIER STEPS TO PROCESS THE APPLICATION UNTIL THE DEFICIENCIES HAVE BEEN REMEDIED . 15-5-2: REVIEW AND DETERMINATION OR RECOMMENDATION BY CITY MANAGER. A . AFTER RECEIPT OF A COMPLETED APPLICATION FOR VESTED RIGHTS DETERMINATION OR TAKINGS DETERMINATION, THE CITY MANAGER OR A DESIGNEE SHALL REVIEW AND EVALUATE THE APPLICATION IN LIGHT OF ALL OF THE CRITERIA IN THIS CHAPTER. WITHIN TWEN1Y (20) DAYS OF SUCH RECEIPT AND BASED ON THE REVIEW AND EVALUATION. THE CITY MANAGER OR THE DESIGNEE SHALL PREPARE A WRITTEN RECOMMENDATION TO THE HEARING OFFICER THAT THE APPLICATION SHOULD BE DENIED. GRANTED OR GRANTED WITH CONDmONS BY THE HEARING OFFICER. SUCH RECOMMENDATIONS SHALL INCLUDE FINDINGS OF FACT FOR EACH CRITERIA. TO THE EXTENT THAT THE INFORMATION IS PRESENTED OR OBTAINED OR INCLUSION IS FEASIBLE OR APPLICABLE. B. IF THE CITY MANAGER OR THE DESIGNEE FIND . BASED ON THE REVIEW AND EVALUATION , THAT THE APPLICATION FOR DETERMINATION CLEARLY SHOULD BE GRANTED OR GRANTED WITH CONDmONS. THEN IBEY MAY ENTER INTO A WRJTI'EN STIPULATED DETERMINATION Wtn-1 THE APPLICANT. IN LIEU OF IBE WRrrl'EN RECOMMENDATION TO THE HEARING OFFICER AND TI-IE PROVISIONS IN THIS CHAPTER. ANY SUCH STIPULATED DETERMINATION SHALL BE IN WRITING , SIGNED BY THE CITY MANAGER OR IBE DESIGNEE . AND THE APPLICANT. AND SHALL BE APPROVED BY THE CITY COUNCIL BY RESOLtmON AT ITS NEXT REGULARLY SCHEDULED MEETING . SAID STIPULATED DETERMINATION SHALL INCLUDE FINDINGS OF FACT AND CONCWSIONS OF LAW BASED ON THE CRITERIA ESTABLISHED IN THIS CHAPn:R. WHICHEVER IS APPLICABLE. AND THE DETERMINATION GRANTING OR GRANTING WITH CONDmONS. IN WHOLE OR IN PART. THE APPLICATION . IN THE EVENT THAT A PROPOSED STIPULATED DETERMINATION IS REJECTED BY lliE CITY COUNCIL. IT SHALL BE REFERRED TO THE HEARING OFFICER FOR A HEARING AND DETERMINATION IN ACCORDANCE WITH IBE PROCEDURES DESCRIBED IN nus CHAPTER 15-5-3 : REVIEW AND DETERMINATION BY HEARING OFFICER. NO LA'IBR 1liAN llURIY (30) DAYS AFTER RECEIPT BY THE HEARING OFFICER OF TI-IE APPLICATION FOR DETERMINATION AND THE WRITTEN RECOMMENDATION OF THE CITY MANAGER OR lliE DESIGNEE . TI-IE HEARING OFFICER SHALL HOLD A PUBLIC ADMINISTRATIVE HEARING ON THE APPLICATION . TI-IE CITY SHALL MAIL WRITTEN NOTICE OF THE HEARING TO TI-IE APPLICANT AT LEAST FOUR'IBEN ( 14) DAYS PRIOR TO TiiE SCHEDULED HEARING . AT TiiE HEARING. IBE HEARING OFFICER SHALL TAKE EVIDENCE AND SWORN TESTIMONY IN REGARD TO TI-IE C RITERIA SET FORlll IN THIS CHAPTER WHICHEVER IS APPLICABLE AND SHALL FOLLOW SUCH RULES OF PROCEDURE AS MAY BE ESTABLISHED BY THE CITY. TI-IE PARTIES BEFORE THE HEARING OFFICER SHALL INCLUDE THE CITY AND . TiiE APPLICANT. TESTIMONY SHALL BE LIMITED TO TI-IE MATIERS DIRECTI.Y RELATING TO THE STANDARDS SET FORlll IN IBIS CHAPn:R THE CITY ATTORNEY OR A DESIGNEE SHALL REPRESENT TI-IE CITY. SHALL ATIEND TiiE PUBLIC HEARING . AND SHALL OFFER SUCH EVIDENCE AS IS RELEVANT TO TiiE 18 ,, - I· • 0 ' - • • • 0 • PROCEEDINGS. TI-IE OTHER PARTIES TO TiiE PROCEEDINGS. OR TiiEIR AtITHORIZED AGENTS , MAY OFFER SUCH EVIDENCE AT TiiE PUBLIC HEARING AS IS RELEVANT TO TI-IE PROCEEDINGS AND CRITERIA. THE ORDER OF PRESENTATION BEFORE THE HEARING OFFICER AT TiiE PUBLIC HEARING SHALL BE AS FOLLOWS: (I) TiiE CITY'S SUMMARY OF THE APPLICATION. WRITTEN RECOMMENDATION, WITNESSES AND OTHER EVIDENCE: (2) THE APPLICANTS WITNESSES AND EVIDENCE; (3) CITY REBUTTAL. IF ANY. 15 -5-4: ISSUANCE OF DETERMINATION BY HEARING OFFICER. WITHIN THIR'IY (30) DAYS AFTER THE COMPLETION OF TiiE PUBLIC HEARING ,TiiE HEARING OFFICER SHALL CONSIDER THE APPLICATION FOR DETERMINATION. THE RECOMMENDATION OF THE CllY MANAGER OR THE DESIGNEE, AND THE EVIDENCE AND TESTIMONY PRESENTED AT THE PUBLIC HEARING. IN LIGHT OF ALL OF THE CRITERIA SET FORTH IN THIS CHAPTER, AND SHALL DENY. GRANT, GRANT WITH CONDmONS. OR GRANT IN PART AND DENY IN PART, THE APPLICATION FOR DETERMINATION FOR THE PROPER'IY OR PROPERTIES IN ISSUE. TiiE DETERMINATION SHALL BE IN WRITING AND SHALL INCLUDE FINDINGS OF FACT FOR EACH OF TiiE APPLICABLE CRITERIA ESfABLISHED IN THIS CHAPTER. CONCLUSIONS OF LAW FOR EACH OF SUCH CRITERIA. AND A DETERMINATION DENYING . GRANTING , OR GRANTING WlTI-1 CONDmONS. IN WHOLE OR IN PART. TIIE VESTED RIGHTS. 15-5-5: APPEAL . AN APPEAL OF TiiE HEARING OFFICER'S DETERMINATION. SHALL BE MADE TO A COURT OF COMPETENT JURISDICTION. 15-5-6: WAIVER OF TIME LIMITS. ANY TIME LIMIT SPECIFIED IN TIIE DETERMINATION PROCEDURE MAY BE WAIVED UPON TIIE RECEIPT BY TIIE CITY CLERK OF A WRITTEN STIPULATION REQUESTING SUCH WAIVER AND SIGNED BY TIIE APPLICANT AND THE CITY MANAGER OR HIS DESIGNEE . 15 -5-7 : C RITERIA FOR VEsrED RIGHTS . A . THIS SECTION IS INTENDED TO srRICTLY ADHERE TO AND IMPLEMENT EXISTING CASE LAW AND STA1UfORY LAW CONTROWNG IN THE STATE OF COLORADO AS TIIEY RELATE TO TIIE DOCTRINE OF VESTED RIGHTS AND EQUITABLE ESTOPPEL AS APPLIED TO A HOME RULE MUNICIPALITY EXERCISING ITS AtITHORITI AND POWERS IN CODE ENFORCEMENT AND RELATED MATTERS . IT IS THE EXPRESS INTENT OF TIIE CITY TO REQUIRE APPLICATION OF THE PROVISIONS OF THIS C HAPTER TO AS MUCH PROPER'IY. DEVELOPED OR UNDEVELOPED. RESIDENTIAL OR BUSINESS. OCCUPIED OR VACANT. IN THE CnY AS IS LEGALLY POSSIBLE WITHOUT VIOLATING THE LEGALLY VESTED RIGHTS OF AN OCCUPANT. OWNER OR DEVELOPER UNDER CASE LAW OR STA1UfORY LAW. TIIE CRITERIA HEREIN SHALL BE CONSIDERED IN RENDERING A VESTED RIGHTS DETERMINATION HEREUNDER. IT IS INTENDED THAT EACH CASE BE DECIDED ON A CASE BY CASE FACTUAL ANALYSIS. AN APPLICANT SHALL BE ENTITI..ED TO A POSITIVE VEsrED RIGHTS DETERMINATION ONLY IF SUCH APPLICANT DEMONSTRATES. BY CLEAR AND CONVINCING EVIDENCE. ENTITI..EMENT TO CO MPLETE HIS OR HER DEVELOPMENT WITHOUT DUE REGARD TO THE 011iERWISE APPLI CABLE PROVISIONS OF TIIIS CHAPTER BY REASON OF: 19 • •· • 0 ' 2 - • • • • • ... I. ntE PROVISIONS OF1TILE 24, ARnCLE 68, C .RS.: OR 2. ntE EXJSTENCE OF ALL ntREE OF ntE FOLLOWING REQUIREMENI'S: a . SOME AI.ITHORIZED ACT OF ntE Cl1Y: AND b . REASONABLE GOOD FAlnt REUANCE UPON SUCH ACT BY ntE APPLICANT: AND c . SUCH A SUBSr.AN11AL CHANGE IN POSmON OR EXPENDITURE BY ntE APPLICANT ntAT rr WOULD BE HIGHLY INEQUITABLE OR UNJUST TO DESTROY ntE RIGHTS ACQUIRED . B. IN EVALUATING WHETliER AN APPLICANT (OCCUPANT. OWNER. DEVELOPER OR ntE SUCCESSOR IN INTEREST OF ntE ntREE) HAS MET ntE REQUIREMENI'S OF AS SET FOR'lli IN (Al ABOVE. ntE HEARING 0Ff1CER SHALL CONSIDER AND GIVE WEIGHT TO ntE FOLLOWING FACTUAL MATTERS: I. THE TOTAL INVESTMENT MADE IN ntE PROJECT/PROPERIY. INCLUDING ALL COSTS INCURRED SUBSEQUENT TO ntE ACT OF ntE Cl1Y RELIED UPON BY ntE APPLICANT. WHICH COSTS MAY INCLUDE . wmiOUT LIMITATION. THE COSTS OF LAND ACQUISmON , ARCHITECTURAL AND ENGINEERING FEES AND COSTS OF ON-SITE INFRASTRUCTURE IMPROVEMENTS TO SERVICE THE PROJECT: 2 ANY DEDICATION OF PROPERIY MADE TO PUBLIC EN11TIES IN ACCORDANCE wmi THE APPROVED OVERALL DEVELOPMENT PLAN FOR THE PROJECT OR THE APPROVED PRELIMINARY PLAN OR ~T FOR THE PROJECT: 3. WHETHER INFRASTRUCTURE IMPROVEMENl"S WHICH HAVE BEEN INSTALLED HAVE BEEN SIZED TO ACCOMMODATE USES APPROVED IN THE APPROVED OVERALL DEVELOPMENT PLAN OR THE APPROVED PRELIMINARY PLAN OR ~T FOR THE PROJECT: 4. THE ACREAGE OF THE APPROVED OVERALL DEVELOPMENT PLAN OR THE APPROVED PRELIMINARY PLAN OR ~T FOR THE PROJECT AND THE NUMBER OF PHASES wmilN THE OVERALL DEVELOPMENT PLAN OR THE PRELIMINARY PLAT OR PLAN AND THEIR RESPECTIVE ACREAGE'S WHICH HAVE RECEIVED FINAL APPROVAL : 5. WHETHER THE COMPIE110N OF THE PROJECT HAS BEEN TIMELY AND DILIGENTLY PURSUED: AND 6 . THE EFFECT OF THE APPUCANrS EXISTING DEVELOPMENT LOANS ON THE APPLI CATION OF THE ENGLEWOOD COMPREHENSIVE ZONING ORDINANCE TO ntE PROJECT. 20 . ' • . .. ., •· • 0 f I -• • •, • 15-5-8: CRITERIA FOR TAKINGS A. nus SECTION IS INI'ENDED TO STRIC'Il.Y ADHERE TO AND IMPLEMENT EXISTING CASE LAW AND SfAnrI'ORY LAW CONTROLLING IN THE STAIB OF COLORADO AS THEY RELA'IE TO THE TAKINGS DOC1RINE AS APPLIED TO A HOME RULE MUNICIPALfIY EXERCISING fIS AUTHORrlY AND POWERS IN CODE ENFORCEMENT AND RELATED MATTERS. IT IS THE EXPRESS IN'IENT OF THE CnY TO REQUIRE APPLICATION OF THE PROVISIONS OF THIS CHAPI'ER TO AS MUCH PROPERIY. DEVELOPED OR UNDEVELOPED. RESIDENTIAL OR BUSINESS, OCCUPIED OR VACANT, IN THE CI1Y AS IS LEGALLY POSSIBLE WITHOUT VIOLATING TAKINGS LAW . B. THE CRITERIA HEREIN PROVIDED SHALL BE CONSIDERED IN RENDERING A TAKINGS DETERMINATION HEREUNDER IT IS INI'ENDED THAT EACH CASE BE DECIDED ON A CASE-BY-CASE FAcnJAL ANALYSIS. WHILE THE CRITERIA FOR TAKINGS EsrABLISHED IN THIS SECTION ARE IN'IENDED TO PROVIDE FAIR SfANDARDS IN A PRE-unGATION FORUM AND TO REFLECT THE CURRENT SfATE OF THE LAW FOR COLORADO. THE CrrY'S ADOP110N OR USE OF THESE CRITERIA FOR TAKINGS SHALL NOT IN ANY WAY BE DEEMED AN ADMISSION, CONCESSION OR SfA'IEMENT BY THE CrIY THAT SUCH CRITERIA APPLY OR ARE CONTROLLING IN A COURT OF LAW. AND THE CrIY HEREBY UNCONDmONALLY RESERVES ALL DEFENSES AND CLAIMS WHICH WOULD OTHERWISE BE AVAII.\BLE TO IT UNDER THE LAW. FOR EXAMPLE. BUT WITHOUT UMITATION. THE CrIY DOES NOT CONCEDE FOR unGATION PURPOSES THAT THE "REASONABLE NEXUS" /"ROUGH PROPORnONAIJ'IY" DOCTRINES APPLY TO MONETARY EXCHANGES OR TO LEGISLATIVE ACTS. ALTHOUGH THE crrv CHOOSES TO APPLY SUCH CRITERIA TO THE TAKINGS DETERMINATION PROCESS DESCRIBED HEREIN . Section 15 . The Ctty Counctl of the Clty of Englewood. Colorado hereby readopts the language previously under 15-3-1. whlch was repealed tn Section 1 of thls Ordtnance. Title 15. Chapter 6, shall now read as follows: CHAPTERS CUTTING AND REMOVAL OF WEEDS AND GRASS : Cutting or Removln& Weeds and Grass. Every occupant and/or owner of real property shall cut. or cause to be cut. all weeds or grasees over six Inches (6") In height growing thereon and shall remove. or cause the removal of. said weeds or grass to a slte authortzed for such disposal. Section 16. The City Council of the Ctty of Englewood. Colorado hereby readopts the language previously under 15-2-3. which was repealed ln Section 1 of thls Ordlnance. Title 15, Chapter 7 , shall now read as follows : CHAPTER 7 TRASH. JUNK AND SALVAGE 15-7 -1: GENERAL REGULATIONS : A. No person shall throw, place or depoatt any trash on any public street. In a public park or place. or ln any public bulldtng within the Ctty except ln trash contatners. 2 1 .. •· • 0 I I ]- • 0 t• • ' B. No person shall throw. place or deposit any trash In any fountain, lake, bay, stream or other body of water Within the City nor on any occupied or vacant property Within the City. C. No person shall affix, any poster. notice or like device to attract public attention, to any lamp post public utility post, traffic control device, tree. public structure or building except as may be authorized by law. D. Every occupant. lessee, or owner of a business property ts required to keep the sidewalk adjacent to the property or the proportional share of common sidewalk. walkway. mall, or parking lot free from trash, except as provided In subsection 15-7-3(E). E. No occupant. lessee, or owner of real property shall sweep Into. or deposit In, any gutter. street, alley or public place the accumulation of grass clippings. leaves, branches or trash from his or her building, sidewalk or driveway, except as provided In subsection 15-7-3(E). F. No driver or passenger of an automobile, motorcycle, bicycle, aircraft, or other vehicle shall throw, place or deposit trash upon any real property or any public street or public area within the City. G No person shall drive any truck, trailer. small trailer. special mobile equipment or like vehicle Into or Within the City unless Its contents are covered or loaded to prevent them from being scattered. H. No person shall drive any truck, trailer, small trailer, special mobile equipment or like vehicle Into or Within the City and In so doing scatter or track any mud. dirt, trash, oil or other foreign matter Into a public street. alley or other public place. I. No person shall throw or deposit trash within the trash container of another person Without that person's express or Implied consent. 15-7-2: RESIDEN11AL DISTRICT REGULATIONS: A. No person shall store Junk out-of-doors. B. No person shall conduct or permit salvage or storage operations or facilities In any residentially zoned area. 15 -7 -3: PLACEMENT AND REMOVAL OF TRASH: A. Any accumulation of trash on any premises. Improved or unimproved. within the City of Englewood ts prohibited and ts declared to be a nuisance. B. Every occupant or owner of real property shall remove, or cause the removal of. all accumulations of trash from such property and shall subscribe to a trash removal service With a licensed trash hauler. and, pending the removal , shall place the same tn a trash container kept for that purpose. C. All persons shall store all trash In covered trash containers In such a manner as to prevent It from being carried or scattered by animals or the elements and to prevent the emission of noxious or offensive odors. 22 ..... ,~ ., •· • 0 I - • • • 0 1~ • <. D. All occupants or owners of real property shall set trash containers back at least five feet (5') from the side property lines. No person shall store trash and garbage In the front yard for more than twenty-four (24) hours prior to a scheduled collection or pick-up. E. All persons shall place trash containers Within the public right-of-way only on regularly scheduled pick-up or collection days and In a manner which Will not obstruct vehicular or pedestrian traffic and shall remove said trash containers from the public right-of-way not later than twenty-four (24) hours after the pick-up or collection. F . No person shall engage In the business of removing or hauling trash In the City Without first obtaining a license therefor. Pursuant to Title 5 of this Code and Without providing recycling services as such services may be required by this Code. G. Mandatory trash collection. All garbage. trash. waste and rubbish shall be removed from the property of each owner or occupier of land within the City of Englewood at least once a week. Section 17. The City Council of the City of Englewood. Colorado hereby readopts the language previously under 15-2-4. which was repealed In Section l of this Ordinance. Title 15. Chapter 8 , shall now read as follows: CHAPTERS 15-8-1: ANTISCAVENGING : It shall be unlawful for any person. other than a member of a governmental police agency. without the permission of the owner of recyclable material. to take recyclable material which has been set out or stored by the owner for collection by a collection or recycling service; or remove any recyclable material from a container. box. collection vehicle. depot or other receptacle for the accumulation. storage. or sale of recyclable material. Section 18 . The City Council of the City of Englewood. Colorado hereby readopts amended language previously under 15-5-3. which was repealed In Section l of this Ordinance. Title 15. Chapter 9 . shall now read as follows : CHAPTER9 15·9· 1: VEHICLES : DEREUCT AND HOBBY: It shall be unlawful and considered a nuisance for any person to store. maintain or keep any derelict or hobby vehicle , as defined by this Title , on any real property or adjacent public right-of-way In the City except as follows : A. Vehicles In Residential Zones. l. There shall be no more than one hobby or derelict vehicle maintained or stored on the property of any residence In a residentially zoned district. which vehicle shall be stored In a fully enclosed garage or similar structure. A person may store the vehicle In a carport or open area If the vehicle and Its parts are kept entirely covered with a tie -down canvas or other opaque covering. Storage or covering Is not required when the vehicle Is actually being worked on. 2. No person shall store or work on any hobby or derelict vehicle Within the required front yard setback or In or on any public property or right-of-way. I' - • . ... •· • 0 , I • ,. - 0 t• • <. 3. The owner of a derelict or hobby vehicle as well as the occupant and owner of the property shall be responsible for the maintenance or storage of such vehicle In compliance wtth this Chapter. 4. The owner of a hobby vehicle or derelict vehicle stored In a residentially zoned district shall register the vehicle with the Department of Motor Vehicles, State of Colorado, or obtain an Englewood storage permit for such vehicle. a There may be Issued two types of permits for the storage of hobby or derelict vehicles In restdenttal areas: I. The "hobby vehicle six (6) month permit" shall be Issued to an owner or occupant of a restdenttally zoned property for no fee and shall be valid for a six (6) month time period from the date of Issuance. The permit shall be Issued for a spectftc vehicle and a specific site. Only one "hobby vehicle six (6) month permit" shall Issue In any one year time period from the date of Issuance of the lntttal permit. After each anniversary date of the Issuance of the "hobby vehicle six (6) month permit" the owner or occupant may apply for a new "hobby vehicle six (6) month permit". ii. The "hobby vehicle one year permit" shall be Issued to an owner or occupant of a resldent1ally zoned property for the fee of one hundred dollars ($100.00), nontransferable, for the one hobby or derelict vehicle which Is not stored at all times tn a fully enclosed garage In a resldent1ally zoned district of the City. The permit shall apply only to the "permitted" vehicle and one parcel of resldenttal property Identified In the permit and shall not apply to any other vehicle or parcel or restdenttal property. b. No more than one permit shall be active at any time. 5. No person shall store on a resldenttally zoned property a hobby or derelict vehicle without a permit or tn violation of the manner set forth In this subsection six (6). Failure to comply shall be a violation of this Code. 6 . Any single vehicle stored on the property that Is covered with a tte down canvas or other opaque covering, Is stored on a hard surface and has four (4) fully Inflated tires ts presumed to be fully licensed, Insured and State Inspected and not a derelict or hobby vehicle. If more than one vehicle Is covered and stored on any one property. this presumption shall not exist and It shall be the duty of the City to determine whether the vehicles are derelict or hobby as defined by this Sectton and to take such measures as are authorized by this Section. B. Business Zoned Districts. l . No person shall keep a hobby or derelict vehicle In a bustness zoned district unless such vehicle ts stored tn a fully enclosed structure tn an area screened from view of adjacent properties and public rights-of-way. 2 No person who resides tn a bustness or Industrial zoned district shall keep more than one hobby or derelict vehicle on the property. 24 .. .. •· • 0 , I • • - 3. The owner of a derelict or hobby vehicle as well as the occupant and owner of the property shall be responsible for the maintenance or storage of such vehicle In compliance with this Chapter. 4. The owner of a hobby vehicle or derelict vehicle stored In a business zoned district shall register the vehicle with the State of Colorado Department of Motor Vehicles. or obtain an Englewood storage permit for such vehicle. a There may be Issued two types of permits for the storage of hobby or derelict vehicles In business areas: L The "hobby vehicle six (6) month permit" shall be Issued to an owner or occupant of a business zoned property for no fee and shall be valid for a six (6) month time period from the date of Issuance. The permit shall be Issued for a specific vehicle and a specific site. Only one "hobby vehicle six (61 month permit" shall Issue In any one year time period from the date of Issuance of the Initial permit. After each anniversary date of the Issuance of the "hobby vehicle six (6) month permit" the owner or occupant may apply for a new "hobby vehicle six (6) month permit". b . The "hobby vehicle one year permit" shall be Issued to an owner or occupant of a business zoned property for the fee of one hundred dollars ($100.00), nontransferable, for the one hobby or derelict vehicle which Is not stored at all times In a fully enclosed garage In a residentially zoned district of the City. The permit shall apply only to the "permitted" vehicle and one parcel of residential property identified In the permit and shall not apply to any other vehicle or parcel or bualneS8 property. c No more than one permit shall be active at any time. 5. No person shall store on a buslnesa-mned property a hobby or derelict vehicle without a permit or In violation of the manner set forth In this subsection six (6). Failure to comply shall be a violation of this Code. 6. The provisions of this subsection six (61 shall not apply to property that has as a permitted use as an auto repair bustness. Section 19. The City Council of the City of Englewood. Colorado hereby readopts the language previously under 15-6-2 , which was repealed In Section l of this Ordinance. Titlc 15, Chapter 10, shall now read as follows : CHAPI'ER 10 15-10-1 : ABANDONED ICEBOXES, REFRIGERATORS AND FREEZERS: It ts hereby d eclared to be a nuisance and shall be deemed wuawful for any penon to store. maintain, abandon or place any unused Icebox. refrigerator, freezer or other compartment capable of being tightly closed In any place or location whatsoever which ts accessible to children or the general public. without first removing the doors of such Icebox. refrigerator, freezer or compartment. 25 .. .. •· • 0 ··-\ . , ..... I -• ,. - • t• . • ' (. Section 20 . The City Council of the City of Englewood. Colorado hereby readopts the language previously under 15-6-3, which was repealed In Section l of this Ordinance. Title 15, Chapter 11. shall now read as follows: CHAPTER 11 15-1 1-1: ANIMALS OR FOWL: It Is hereby declared to be unlawful for any person to keep or permit upon any premises In the City. any animals or fowl of any kind which, by reason of odor. uncleanliness. disease, sound or cry, shall disturb the peace and comfort of any neighborhood or Interfere with any person In the reasonable and comfortable enjoyment or life or property, or In any other manner present a menace to the pubUc health or safety. Section 2 J • The City Council of the City of Englewood. Colorado hereby readopts the language prevtously under 15-6-4, which was repealed In Section l of this Ordinance. Title 15. Chapter 12, shall now read as follows: CHAPTER 12 15-12-1: CESSPOOLS AND PRMES: It Is hereby declared to be a nuisance and It shall be unlawful for any person to construct. keep, use or maintain any sewage vault. closet, prtvy, cesspool or septic tank at any place within the City, except as hereinafter provtded: A. If there Is no sanitary sewer Une In a bordering street, alley or easement Immediately opposite to some point on the premtses, a cesspool or septic tank may be permitted to continue In operation; provided, that If a sanitary sewer Une becomes Installed and available at the aforesaid location, the use of such cesspool or septic tank shall be discontinued and the premises shall be connected with the sewer system within stx (61 months after the sewer Une Is Installed and available to the premises. B. A portable toilet may be utilized or maintained on a construction site during the time of construction or during special acttvtty approved by the City. Section 22 . The City Council of the City of Englewood. Colorado hereby readopts the language prevtously under 15-6-5 and 12-1-5, which was repealed In Section l of this Ordinance. Title 15. Chapter 13. shall now read as follows: CHAPTER 13 15-13 -1 WATER REl.4.TED NUISANCES A . Drains and Ditches. It Is hereby declared to be a nutaance and It shall be unlawful for any person to create. permit or maintain upon any premtaes In the City any unclean. leaking. foul. unsafe or dangerous. defecttve or filthy drain, ditch. tank or gutter. B. Ponds or Pools. It Is hereby declared to be a nuisance and It shall be unlawful for any person to create, permit or maintain upon any premises In the City any pond or pool with unwholesome. Impure and offensive water. 26 . ' .. •· • 0 , ]- • • 0 • C. Pollution of Water Supply. It shall be deemed a nuisance for any person to conduct or carry on any unwholesome or offensive business or establishment Within a distance of five (5) miles upstream from the intake of the domestic water supply system of the City along and adjacent to the South Platte River or any tributary thereof. In a manner which Is capable of. or results in, the pollution, contamination or rendering of the water In said liver or tributary Impure, unsafe or unwholesome by the discharge or drainage of wastes or any contaminating matter whatsoever. by surface or subsurface drainage or otherwise, from said business or establishment. Section 23 The City Council of the City of Englewood. Colorado hereby readopts the language previously under 6-2-10, which was repealed In Section I of this Ordinance. Title 15. Chapter 14. shall now read as follows: CHAPTERl4 15-14-1: N01SEC0N1ROL A . Any person who operates or maintains any device. Instrument. vehicle or machinery which causes discomfort or annoyance to reasonable persons or normal sensitiveness or which endangers the comfort, repose. health or peace of residents In the area, shall be deemed. and Is declared to be a public nuisance. B. The provisions of this Section do not apply to the followtng subsections found In Chapter 6, Title 2. of the Englewood Municipal Code: 6-2-5. A. B. C. D. L. and M. Section 24. The City Council of the City of Englewood, Colorado hereby readopts the language previously under 15-6-8, which was repealed In Section I of this Ordinance. Title 7, Chapter 6F. Section 12. shall now read as follows: 7-6F-12: DEFACED PROPER1Y: A. Declaration of Public Nuisance. All property defaced by graffiti or gang graffiti that Is visible to public view Is hereby declared to be a public nuisance and In the Interest of public health. safety. morals and general welfare, shall be abated as set forth In this Section. B. Abatement of Graffiti or Gang Graffiti. Whenever any graffiti or gang graffiti shall be found. the City Manager or his deslgnee shall order the occupant or owner of the property upon which the graffiti or gang graffiti shall exist. at his own expense, to remove or correct the same within twenty-four (24) hours or such period In excess of twenty-four (24) hours as designated In WT1tlng by the City Manager or his designee, the City Manager or his deslgnee may cause the graffiti or gang graffiti to be removed or corrected and all expenses Incurred shall be assessed upon such a lot or premises upon which the graffiti or gang graffiti existed . Section 25 . The City Council of the City of Englewood. Colorado hereby readopts the language previously under Title 15, which was repealed In Section I of this Ordinance. Title 7, Chapter 6F. Section 13, shall read as follows : 27 • ..... .. •· • 0 ' 7-6F-13: DlsrRIBlmON OF HANDBILLS 7-6F-13-I : RESTRJC110NS : • • • A. No person shall distrtbute. place or sell any commercial or noncommercial handbill. advertisement or similar literature In or upon any street, sidewalk, any private parking lot open for public use. or any other public place within the City: provided. however. a person may dtstrtbute free handbills directly to persons who are willing to accept them. R No person shall distribute any handbill or similar literature upon any Inhabited private premises except by placing said Items In a manner as to prevent them from being blown or drifted about said premises. Mail boxes shall not be used for distribution when such distribution Is prohibited by Federal regulations. No person shall dlstrtbute any handbill or similar literature at any vacant premises. C. No person shall distribute any handbill, solicit funds. dtstrtbute literature or sell an article upon any real property tf requested not to do so by any occupant of said property or by any sign posted on said property Instructing against such act or action. 7 -6F-12-2: HANDBILLS; EXCEPnONS: The provisions of this Chapter shall not apply to the proper distribution of mail by the United States Post Office. It shall also not apply to the delivery of newspapers which are legal publications: provided. that newspapers shall be distributed In a manner which prevents their being carried away by the elements and provkled further that the property has not been posted Instructing against such act or action. Section 26. 1lle City Council of the City of Englewood. Colorado hereby readopts the language previously under Title 15 . Chapter 5. which was repealed In Section I of this Ordinance. Title 11 . Chapter 6. shall read as follows : 11-6: VEHICLES 11 -6 -1: PARKING/Sl'ORAGE REGUU.TIONS IN AU. DlsrRICI'S: A. It shall be unlawful for the operator or owner of an automobtle transport trailer. road tractor . truck tractor . moving van. transit-mix concrete truck. trailer. aemt-trailer or truck with an empty waght In eu:eaa of~ thousand (7,000I pounds (70 C .W .T.) or special mobile equipment to stop. stand or park such vehtde or cauee such vehtde to be stopped. tood or parked on any 9trftt or highway. alley or other public -y Within the City for a period In excns of four (41 a-.n at any time. except when such vehicle ts beu,c expedUJously loaded or unloaded or such mobile equipment ts betng med to perform the pectal operations for which It demgned. R No penon( I shall pu1l any tank truckC l . tank trailer(s). tank semt-trailer1 I or other truck( I uaed to tranapor1 t.urdous aubatances or mater1als upon the streets. alleys or publi or pnvate places wtthin the City except when entirely empty and then only for a period not exceeding onr IMMD'. prr-,n shall repair any cargo area or tank of such vehicles within this Ctty esttpt when such caqo area or tank of such vehicles are completely empty of llamrnable bqwda. vapors. or hazardous subatancn or llllder1ala. and only after being thorouChlY ateamed or washed to remove all exploatft vapors. penon 21 • • ]- • • • • t• • . . • shall park or allow to remain on this City's streets. alleys. or public property. or private property any tank truck, tank semi-trailer or tank trailer used for transporting liquefied petroleum or gas. whether loaded or empty, or any truck carrying hazardous substances. except when actually engaged In ft!Ung storage tanks or while under repair. C. No person shall park any motor vehicle or vehicle In excess of twenty-two feet (22') In length. or eight feet (8') In width. In the public right-of-way except when such motor vehicle Is being expeditiously loaded or unloaded. D. No person shall park or permit to stand In any public right-of-way or on public property. any trailer or small trailer unless the trailer Is connected to or attached to a motor vehicle In a manner to be towed. The vehicle and connected trailer shall not be parked In the public right-of-way for more than seventy-two (72) hours within any one week. E. No person shall permit any snowplow designed to be truck mounted which Is not hooked up or otherwise attached to a motor vehicle In a manner to be used for Its Intended purpose, to be stored or parked on public streets or rights-of-way. All owners and/or operators of vehicles with snowplows attached shall not store them on public streets. F. No person shall store any truck or other vehicle loaded with trash. junk. weeds. tree branches or limbs In a public right-of-way. G. No person shall park or store any motor vehicle In a manner so as to obstruct the public sidewalk or right-of-way. H. No person shall park a vehicle In excess of any time limit established for parking at that location. which shall be the time limit for that day and that block. 11-6-2: PARKING/STORAGE REGULATIONS FOR RESIDENTIAL DlsmJCTS: A. It shall be unlawful for any person to store a vehicle designed and used for recreation purposes, including. but not limited to. one or more motor homes. boats. campers. trailers used for canytng boats. hobby or derelict vehicles or racing cars. motorcycles and other equipment or motor vehicles upon the public right-of-way. The vehicle may be parked In the right-of--y for no more than seventy-two (72) hours within any one week while being expedlUously loaded or unloaded. B. No person shall park the following described vehicles on public or private property In residential areas except while maldng normal deliveries or being used to perform the special operations for which It Is designed: I. Any vehicle with an empty weight In excess of seven thousand (7 ,000) pounds (70 C.W.T .J. 2. 3. 4 . A road tractor. truck tractor or semi-trailer. A truck constructed or adapted for the purpoee of transporting or delivery of bulk gasoline. petroleum products. or hazardous substances or materials. A tow truck or automobile wrecker. 5. A church bus or school bus not used for school or church pwpoeea. 29 • •· • 0 , I • 0 • C. No person shall park or store any vehicle on private property In Violation of the following restrictions: I. No vehicle shall be parked In such a way as to block the sidewalk or any portion of the public sidewalk. 2 No vehicle shall be parked In front of the front setback of the principal structure unless located on a concrete. brick paver. asphalt surface. gravel or other similarly finished hardened or dust free surface. 3. In no case shall more than one commercial vehicle be parked or stored on property In any residential zone district. whether In a private garage or carport, In an off-street parking space or In an open-space area, and the size of said commercial vehicle shall not exceed empty vehicle wctght of seven thousand (7,000) pounds (70 C.W.T.J. 4. Detached campers shall be stored In the area Identified as the rear or side yard and shall be stored on blocks or supports not more than six Inches (6") In height. or on Its loading Jacks or apparatus at their lowest limits. All loading equipment shall be in good repair. 5. No person shall occupy any vehicle In Violation of the following : a No motor vehicle or vehicles shall be occupied or used for living or housekeeping or sleeping purposes or for the housing and keeping of animals, except as provided In subsection b below; b. Upon the application of a resident of the City. a speclal permit may be Issued by the Department of Community Development for a nonresident Journeying In a recreational vehicle used for housekeeping purposes and who Is vtstttng at the residence of the applicant. to occupy the travel vehicle at the applicant's residence for not more than seven (7) days. The speclal permit shall specify the location of the applicant's property or adjacent right-of-way In which the travel vehicle will be parked while occupied. This shall not be deemed to permit the parking or storage of a detached camper. trailer or s mall trailer In any public street or right-of-way of any street designated as an artertaJ or coll ector street. Section 27. Nothing In this Title shall prohibit or restrict the City or any of Its departments from seeking the abatement of a nuisance by any other means. Including but not limited to, enforcement In the District. County or Federal Courts of the State of Colorado. Section 28 Safety Clauses The City Council, hereby finds. determines, and declares that this Ordinance Is promulgated under the general police power of the City of Englewood, that It Is promulgated for the health. safety, and welfare of the public, and that this Ordinance Is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. 30 ,,, _ •. .. •· • , ., "' - ] • • t• • <. Section 29 . Scvcrabjlity If any clause. sentence, paragraph. or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent Jurisdiction Invalid, such Judgment shall not affect Impair or Invalidate the remainder of this Ordinance or Its application to other persons or circumstances. Section 30. lnconststcnt Ordinances, All other Ordinances or portions thereof Inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such Inconsistency or conflict. Section 31. Effect of repeal or modtftratton The repeal or modtftcation of any provision of the Code of the City of Englewood by this Ordinance shall not release, exttngutsh, alter, modify, or change in whole or In part any penalty, forfeiture, or liability, either civil or crlmtnal, which shall have been Incurred under such provision, and each provision shall be treated and held as still remaining In force for the purposes of sustaining any and all proper actions, suits, proceedings. and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment. decree, or order which can or may be rendered, entered, or made In such actions, suits, proceedings. or prosecutions. Section 32. ~. The Penalty Provision of E.M. C . Section 1-4-I shall apply to each and every Violation of this Ordinance. Introduced, read In full , and passed on first reading on the 1st day of June, 1998. Published as a Bill for an Ordinance on the 5th day of June, 1998. Read by title and passed on 8nal reading on the 15th day of June, 1998. Published by title as Ordinance No._, Series of 1998. on the 19th day of June, 1998. Thomas J . Bums, Mayor ATIEST: Loucrishta A. Ellis. City Clerk I. Loucrishta A. Ellis. City Clerk of the City of Englewood , Colorado. hereby certify that the above and foregoing Is a true copy of the Ordinance passed on 8naI reading and published by title as Ordinance No ._, Series of 1998. Loucrtahla A. Ellis 31 ', • . .. • • 0 . - t ,.,, ' -• 0 I• - COUNCIL COMMUNICATION Data Agenda 118m Subject June 15, 1998 Waiver of Lien II~ I • lnitlabtd By Staff Source City Attorney Dan Brotzman COUNCL GOAL AN:> PREVIOUS COUNCL ACTION In 1997 the residence at 2870 South Acoma was demolished due to a significant number of Code violations . After demolition the City filed a lien against the property in the amount of $11 ,175 . This property went into foreclosure and was purchased by a private party . The private party was not aware of the Englewood Housing Authority mortgage or the City of Englewood lien . This investor has previously submitted a general request to have the City waive its lien on this property. Council had indicated they wanted a specific request rather than a generic one prior to the consideration of waiving the lien. RECOMMENDED ACTlON Motion to waive the City's lien if the requesting party complies with the proposal of June 9, 1998 . BACKGROlN>, ANALYSIS, AND AL TERNATNES iJEN IFB> After demolition of the house on this property it was Council's desire to have this property continue as a residential use . Council had indicated that it did not want to see a four-plex on this site but would consider a less dense use in considering the waiver of the City lien . In reviewing this project staff identified this property to be considered for a Project Build house . Staff had identified waiver of the lien to make this prqect work financially . The question is whether the City would like to move fOfWard in purchasing this property and place a Project Build house on it or whether Council would consider having a private entity put the proposed duplex on this property . FINANCIAL IMPACT The City of Englewood's Lien of $11,175 for demolition costs would be waived. UST OF ATI'ACHIIENTS Lawrence Wichman Letter • ·• -•• ,,_ • . D .. •· • 0 ]- June 9, 1998 Mr. Dan Brotzman City ofEnglewood 3400 S. Elati Street Englewood CO 80110 Re: 2770 S. Acoma land • • • .. Lawrence J. Wichman 6860 S. Quince Street Englewood CO 80112-1218 l-303-721-1681 Dear Mr. Brotzman. We are requesting a waiver from the City of Englewood of their lien for the demolition on the above mentioned property. The purpose for the request is to make it affordable to build another residence on the I • \ property . The attached sketch is the proposed construction for the property . The sketch is from the south side to give a view of the entry way . The left side of the sketch will be the front facing the street. J1te building is a raised ranch style and will contain the following : l) 2 living units of approximately 1,000 square feet up on each side 2) 2 bedrooms up on each side 3) 2 bathrooms up on each side 4) Full finished lower level with : a) recreation room b) l t,edroom and full bath . . 4) 4 car garage oft' alley-2 car for each residence The building without the garage will be similar to the property l built in 1975 at 3720 & 3740 S . Sherman -1 hope this is enough information to grant the waiver for the demolition . Regards, Lawrence J. Wichman .. • < • • 0 l • • ' . . ' ]-•. . • . ' . . . . • • • ,,-- • • • "' - 0 I • -{ . ' 6. ~ u•l,Jlft lhJj.,, -- 1frl 1"°--o·A ~ -~ --- . -. v ~) tf!:r'fL:,)ff~~-I · •••• ' • C • ,- ' ' 0 I • • • , l • , - - ¢ £o a_ 141:zt i!ffe0t: ~Wl. ~~ ~ 111--:ll;; -~-J)M11f/J!;&S ~~- ---~ -v-"1! "~£ti~~~- - -~~~~,) -~--~-----• • --~~ 0 ' • • • • ,,_~---• -. . -' . . A (1. ., f-. ____ / -----~- ~ IAIUV-~--- 1 Jt)flft--- ) JJt:;r = ------ • --@ ~C/Al---- . =--=----{$ ~ IYt ~~ ---• • • ----------------- --- ' • -' . 0 • , l . , - • ., • • • C • - 0 • ----- ---- ----------- -------- -------------______ .. _ I· • ------ -CJr_;fP__..-::---;~,--:=:-:-:--_-------- • . ' . - • • • • • GENOA FOR THE 7:30P.M. 2. 3 . Pledge of Allegiance . ~ • 11on ea11 ? fWu,T1 ~ ( 4(Ql)r:rNmlj ll!JIJ;ilAl,J j 5. Minutes. ~-),,.-rruea from the Regular City Council meeting of Ju~ 1, 1998. ~ 6 . Scheduled Vllitonl. (Please limit~ preeentation to ten minutes .) ~ ... a. Mr. George Allllnt"!rrid!IIWOC>d Board Member, will be pr9Ml'lt to disc:ua the Englewood Depot partnerlhip wlh the City. 7. Non-Scheduled Vllitors. (PluN limit your piwlbilliun ID five rninulN.) fr 8 . Comnu,ications, Proc:lamllliol•. and Appoil ....... . ~from Ms . Jil Gil)ert NSiglliig from the a..,, GNei, and Proud~ •••a•~:':ILMr"bl\.a.' ?a""·---··-.. ,_,, ___ ~ ,o ~_:-~,Jo/U /Oa~ COl.fflCil Bill No. 31 -Rec:ommendltion from the 0apartnw,t of~ and Busineu Development ID adopt I bil for 11'1 ordinal a appioving 11'1 ll'illrgovem- mental AQr9elMnt wlh the Colorado Oepertment d Local Affairs for "' El spa .. Zone Mll1ceting ITAFF : Art lclllell, ll•ln111 C........., Co- ordlnlltiDr. .. • • 0 -• ,, - • t• • ' ii . Council Bill No. 28, amending the Nuisance Abatement section of the Englewood Mu- nicipal Code. c . Resolutions and Motions. ~ 11 . Regular Agenda. a . Mayor's Choice. b . Council Members' Choice. 13. City Manager's Report . ~ Englewood Center Update. 14 . City Attorney's Report. Adjournment.~~ The following m inutes were transmitted to City Council between 512919tM!/11/98: • Englewood Board of Adjustment and Appeals meeting of January 14, 1998 • Englewood Cultural Arts Commislion meeting of May 5 , 1998 • Englewood Public Library Board meeting of May 12, 1998 , ......... ,.. ....... ,, ......... ...., . ' ,,: •· • 0 I -• • • . • ' <. PUBLIC COIIIIENT ROSTER AGENDA ITEll 7 V181TOR8 DATE: JUNE 11, 1111 NON-SCHEDULED VISITORS IIAY SPEAK FOR A IIAXIIIUII OF FIVE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COIIIIENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME AQPRESS TOPIC I'~ ~ . , .. • • 0 I I - ~ " • • ,. • • JULY 6, 1998 R£GULAR CITY COUNCIL M££TING PUBLIC R£ARING-T£L£COMMUNICATION ; "' -. ' • . • ..