HomeMy WebLinkAboutCouncil Packet 10/25/2010
6:30 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING October 25.2010 7:00 p.m. Individuals with disabilities are encouraged
to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of a meeting
if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF October 11. 2010 PROCLAMATIONS AND
CEREMONIES LiveWell Wheat Ridge -Presentation to the Police Department CITIZENS' RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes
and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called
to be heard. APPROVAL OF AGENDA ORDINANCES ON FIRST READING 1. Council Bill 17-2010 -An Ordinance repealing and reenacting Section 11-53 of the Wheat Ridge Code of Laws concerning application
of the State Liquor Laws within the City. DECISIONS. RESOLUTIONS. AND MOTIONS 2. Motion to accept a Permanent Easement from the Beth Eden Centenary Baptist Church for a sidewalk along
Wadsworth Boulevard
CITY COUNCIL AGENDA: October 25, 2010 Page -2-DECISIONS, RESOLUTIONS, AND MOTIONS con't 3. Resolution 57-2010 -Approving a contract with the Colorado Department of Transportation for
the construction of a Multi-Use Path on Wadsworth Boulevard from 26th Avenue to 32nd Avenue. 4. Resolution 58-2010 -A Resolution Levying General Property Taxes for the Year 2010, to
help defray the costs of Government for the City of Wheat Ridge, Colorado for the 2011 Budget Year. 5. Resolution 59-2010 -A Resolution adopting the City Budget and appropriating sums
of money to the various funds and spending agencies in the amounts specified for the City of Wheat Ridge, Colorado for the 2011 Budget Year. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS ADJOURNMENT
CITY OF WHEAT RIDGE, COLORADO October 11! 2010 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council Members present: Karen Adams, Joseph DeMott, Karen
Berry, Joyce Jay, Tracy Langworthy, Davis Reinhart, Wanda Sang, and Mike Stites. Also present: City Clerk, Michael Snow; City Manager, Patrick Goff; Director of Community Development,
Kenneth Johnstone; Police Chief, Dan Brennan; Interim Director of Administrative Services, Heather Geyer; staff; and interested citizens. APPROVAL OF MINUTES OF September 27,2010 Motion
by Mrs. Sang for approval of the Minutes of September 27, 2010; seconded by Mr. Stites; carried 7-0-1 with Council Member Berry abstaining. PROCLAMATIONS AND CEREMONIES 2010 National
Save for Retirement Week Mr. Goff accepted the proclamation. Helping Kids Thrive Day -October 21 Julie DiTullio, David Goff, and Jeanie Oliver of the Jefferson Center for Mental Health
were present to accept the proclamation. Sawy Award Presentation Mr. Ken Johnstone along with Ray LaRue of the West Chamber and Denise Stephens of the Jefferson County Business Resource
Center were present to accept the Sawy Award on behalf of Community Development's B.E.S.T. program. Police Chief Dan Brennan and Commander Jim Lorentz were present to accept the Sawy
Award on behalf of the Police Department's HOLD-UP program. Police Citizen Award Chief Brennan presented the Police Citizen Award to Pedro Munoz who assisted the Wheat Ridge Police in
arresting a store theft suspect.
Chief Brennan awarded George & Jill Pratt and CSO Supervisor Mary McKenna, Angela Davis, Jim Fisher, and James Seal with the Police Citizen Award for their heroic efforts in helping
police and animal control staff during an accident on 1-70 that involved a horse that had fallen from a trailer in highway traffic. Mrs. Wheat Ridge, Karen Thaler, read the proclamations.
CITIZENS' RIGHT TO SPEAK Karen Thaler announced she will be a finalist once again this year in the Mrs. Wheat Ridge competition. DECISIONS. RESOLUTIONS. AND MOTIONS 1. Resolution 56-2010
-in support of Local Administration of Colorado's Human Services System. Motion by Mrs. Sang for approval of Resolution 56-2010; seconded by Mrs. Jay; carried 8-0. 2. Presentation of
proposed changes to Council Rules of Order Motion by Mrs. Adams to schedule consideration of Council Rule changes to the November 8th Council Meeting; accepted by unanimous consent.
Mr. Stites requested, and to which the Council unanimously agreed , that Council Rules Section B, Paragraph 1 read as follows: At the first or second business meeting in November of
each year, the Council shall nominate by secret paper ballot, and elect by motion upon a majority vote, a Mayor Pro Tem who shall serve until their successor is elected. The Council
is encouraged to confirm the nomination unanimously. 3. Motion to approve payment to Portable Computer System, Inc. in the amount of $37,559.50 for replacement of ten Patrol Vehicle
Mobile Data Computers. Motion by Mr. Stites to approve payment to Portable Computer System, Inc. in the amount of $37,559.50 for replacement of ten Patrol Vehicle Mobile Data Computers;
seconded by Mr. DeMott; carried 8-0. ELECTED OFFICIALS' MATTERS City Clerk Michael Snow informed voters that the County Elections Department will deliver mail-ballots beginning Tuesday
of this week. He also reminded voters that state ballot issue information is available in the "Blue Book" while an electronic pamphlet produced by the League of Women Voters providing
summaries on Wheat Ridge Ballot Questions 300 & 301 is available in the City Clerks Office.
Mayor DiTullio thanked the Wheat Ridge United Neighborhoods for hosting their Candidate and Issues forum. It can be viewed repeatedly on Channel 8 through Election Day, as well as via
On Demand video on the City website. Mayor DiTullio also thanked the past and present elected officials for attending the Discovery Park Grand Opening, the Parks staff for all their
hard work and the band, The Bottom Feeders, for performing during the event. Mrs. Berry stated the Wheat Ridge Farmers Market runs through October 28th She also read a correction to
the September Gazette regarding a Light Rail article. Mrs. Adams and Mrs. Jay thanked Joyce Manwaring for all of her hard work with grant writing for Discovery Park. Mrs. Langworthy
thanked Prospect Valley Elementary School for the International Walk to School Day on October 6th in which over half of the school's students participated . She also thanked Wheat Ridge
Cyclery for donating prizes and the Wheat Ridge Fire Department for assisting students during the walk to school. Mr. Stites stated the park celebration was wonderful and it is already
being used by many people. ADJOURNMENT to STUDY SESSION Meeting adjourned at 7:38 p.m. Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON October 11 , 2010 BY A VOTE OF _ _ to __ Davis
Reinhart, Mayor pro tem The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said
by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions.
. , • _ • City of ? Wheat R;L.dge ITEM NO: 1. DATE: October 25, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 17-2010 -AN ORDINANCE REPEALING AND REENACTING SECTION 11-53
OF THE WHEAT RIDGE CODE OF LAWS CONCERNING APPLICATION OF THE STATE LIQUOR LAWS WITHIN THE CITY D PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS QUASI-JUDICIAL: 7f7 ..-L,I/City Attorney
ISSUE: [gJ ORDINANCES FOR I ST READING 10/25/20 I 0 D ORDINANCES FOR 2NO READING 11 /08/2010 D YES City Manager A provision of the Colorado Liquor Code, C.R.S. §§ 12-47-101 et seq.,
prevents local governments from issuing liquor licenses to establishments that are located within 500 feet of any public or private school, university, college campus or seminary unless
a local government by ordinance eliminates or reduces that distance requirement. There are redevelopment sites in the City that fall within 500 feet of a public school. Some of those
redevelopment sites are planned to accommodate multi-use zoning that are expected to include restaurants that serve alcohol. Tfthe default 500-foot limitation remains in effect within
the City, those redevelopment sites will be unable to accommodate those types of restaurants. PRIOR ACTION: None FINANCIAL IMP ACT: There is no direct financial impact from this ordinance.
Council Action Form October 25, 20 I 0 Page 2 BACKGROUND: The provision of the Colorado Liquor Code at issue is C.R.S. § 12-47-313(1 )(d) which states: (I) No application for the issuance
of any license specified in section 12-47-309 (I) or 12-46-107 (I) shall be received or acted upon: (d) (I) If the building in which the malt, vinous, or spirituous liquor is to be sold
is located within five hundred feet of any public or parochial school or the principal campus of any college, university, or seminary; except this provision shall not affect the renewal
or reissuance of a license once granted or apply to licensed premises located or to be located on land owned by a municipality, or apply to an existing licensed premises on land owned
by the state, or apply to a liquor license in effect and actively doing business before said principal campus was constructed, or apply to any club located within the principal campus
of any college, university, or seminary that limits its membership to the faculty or staff of such institution; (II) The distances referred to in subparagraph (I) of this paragraph (d)
are to be computed by direct measurement from the nearest property line of the land used for school purposes to the nearest portion of the building in which liquor is to be sold, using
a route of direct pedestrian access. (III) The local licensing authority of any city and county, by rule or rJgulation, the governing body of any other municipality, by ordinance, and
the governing body of any other county, by resolution, may eliminate or reduce the distance restrictions imposed by this paragraph (d) for any class of license, or may eliminate one
or more types of schools or campuses from the application of any distance restriction established by or pursuant to this paragraph (d). (IV) In addition to the requirements of section
12-47-312 (2), the local licensing authority shall consider the evidence and make a specific finding of fact as to whether the building in which the liquor is to be sold is located within
any distance restrictions established by or pursuant to this section. This finding shall be subject to judicial review pursuant to section \2-47-802. Pursuant to C.R.S. § 12-47-3\3(1)(d)(I),
no liquor licensed premises may be located within 500 feet ofa public or private school, university, college campus or seminary. In the City, there are a few a redevelopment locations
that fall within 500 feet of a school. Thus, under C.R.S. § 12-47-313(I)(d)(I), none of those locations could house a liquor licensed establishment. As a reference, the following are
a few of the City's redevelopment locations that are impacted by this limitation and the nearest school:
Council Action Form October 25, 2010 Page 3 Location 38'" Avenue and High Court 441" Avenue and Wadsworth Boulevard 441" Avenue and Kipling Street 391" Avenue and KiplingStreet School
Wheat Ridge Middle School Wilmore-Davis Pennington Elementary School Everett Middle School Under the City'S zoning code, a restaurant is an acceptable use at these locations. Although
the zoning code authorizes that type of business, C.R.S. § 12-47-313(1)(d)(I) operates to prevent such a business from obtaining a liquor license. As a result, no restaurant that generally
serves alcohol could operate its business at these locations. However, pursuant to C.R.S. § 12-47-3 \3(l)(d)(III), the City Council, by ordinance, may limit the 500 foot rule in C.R.S.
§ 12-47-313(1)(d)(J) as it applies to any class of license, any type of school or some combination thereof. The City Council, by ordinance, may also modify the rule by reducing the distance
in its application to a class of license or type of school. At a work session in September, the City Council requested staff to draft an ordinance eliminating the 500-foot rule in C.R.S.
§ 12-47-313(1 )(d)(J) only as it applies to hotel and restaurant licenses. Through the attached ordinance, the City is only seeking to eliminate the 500-foot distance limitation as it
applies to hotel and restaurant licensed premises. The 500-foot distance limitation will continue to apply to all other classes of liquor licenses. RECOMMENDATIONS: City staff recommends
adoption of this Ordinance. RECOMMENDED MOTION: " I move to approve Council Bill No. 17-2010, on fust reading, order it published and set for a public hearing on November 8, 2010 at
7:00 p.m. in City Council Chambers, and that it takes effect IS days after publication." Or, "I move to table indefinitely Council Bill No. 17-2010 for the following reason(s) ____ "
REPORT PREPARED BY: Gerald E. Dahl, City Attorney A TT ACHMENTS: 1. Council Bill No. 17-2010
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ____ _ Council Bill No. 17 Ordinance No. =-:-:::--__ Series 2010 TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 11-53
OF THE WHEAT RIDGE CODE OF LAWS CONCERNING APPLICATION OF THE STATE LIQUOR LAWS WITHIN THE CITY WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality having all powers
conferred by Article XX of the Colorado Constitution; and WHEREAS, the City Council ("Council") has exercised these powers by the adoption of Article III of Chapter 11 of the Wheat Ridge
Code of Laws concerning alcoholic beverages; and WHEREAS, pursuant to that article and the provisions in the Colorado Liquor Code, Section 12-47-101 et seq., C.RS., the City issues licenses
to businesses seeking to sell malt, vinous, or spirituous liquors; and WHEREAS, pursuant to Section 12-47-313(1)(d)(I), C.RS., all classes of liquor licensed premises within the City
must be at least "five hundred feet from any public or parochial school or the principal campus campus of any college, university, or seminary;" and WHEREAS, pursuant to Section 12-47-313(1)(d)(III),
C.RS., Council is authorized to reduce or eliminate that distance limitation for any and all classes of licenses; and WHEREAS, Council wishes to eliminate the five hundred foot distance
requirement in Section 12-47-313(1)(d)(I), C.RS., for all hotel and restaurant licensed premises within the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO: Section 1. Section 11-53 of the Wheat Ridge Code of Laws is repealed in its entirety and reenacted to read as follows: (a) The licensing authority shall be governed
by state law now in effect or subsequently amended and the rules and regulations of the Executive Director of the Department of Revenue of the State of Colorado, as the state licensing
authority, which shall apply to the licensing of fermented malt beverages and malt, vinous and spirituous liquors within the city, where applicable. In the event of a conflict between
such and any provisions set forth in this chapter, the more restrictive requirement shall prevail. Attachment 1
(b) Notwithstanding the provisions in subsection (a) to the contrary, the distance restrictions imposed by Section 12-47-313(1)(d)(I), C.R.S., prohibiting the sale of malt, vinous or
spirituous liquor within five hundred (500) feet of any public or parochial school or the principal campus of any college, university or seminary, are eliminated for hotel and restaurant
licenses issued pursuant to this article. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional
or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of
the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this __ day of , 2010, ordered published in full in a newspaper of general circulation in the City
of Wheat Ridge, and Public Hearing and consideration on final passage set for Monday, November 8, 2010 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2010. SIGNED by the Mayor on this __ day of _____ , 2010. ATTEST: Michael Snow, City Clerk
First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney
, • • City of p WheatRL.dge ITEM NO: ;;.... DATE: October 25, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ACCEPT A PERMANENT EASEMENT FROM THE BETH EDEN CENTENARY BAPTIST CHURCH
FOR A SIDEWALK ALONG WADSWORTH BOULEVARD o PUBLIC HEARING BIDSIMOTIONS o RESOLUTIONS QUASI-JUDICIAL: f«tf Director of Public Wor ISSUE: o ORDINANCES FOR 1 ST READING o ORDINANCES
FOR 2ND READING o YES The construction of a pedestrian/bicycle trail along Wadsworth Boulevard from 26th Avenue to 32nd Avenue will require an easement along the Beth Eden Church and
School property. PRIOR ACTION: None FINANCIAL IMPACT: The easement provides that the City will maintain the proposed ten-foot sidewalk that will be constructed along Wadsworth Boulevard.
BACKGROUND: The City applied for and has been awarded a bike and pedestrian federal improvement project grant through the Denver Regional Council of Governments to fund the construction
of a multi-use path on Wadsworth Boulevard between 26th Avenue and 32nd Avenue. Staff investigated available right-of-way along Wadsworth Boulevard for the proposed improvement and found
the need for an easement from the Beth Eden Baptist Church to build the improvement. The easement has been negotiated in advance of the V:\FormsICAFtemplate
Council Action Fonn October 20, 2010 Page 2 City entering into a contract with the Colorado Department of Transportation (COOT) to facilitate the project. RECOMMENDATIONS: Staff recommends
accepting the permanent easement from Beth Eden Centenary Baptist Church for the construction and maintenance of a sidewalk along Wadsworth Boulevard. RECOMMENDED MOTION: "I move to
accept the permanent easement from the Beth Eden Centenary Baptist Church for the construction and maintenance of a sidewalk along Wadsworth Boulevard." Or: "I move to refuse the permanent
easement from the Beth Eden Centenary Baptist Church for the construction and maintenance of a sidewalk along Wadsworth Boulevard the following reason(s) " REPORT PREPARED BY: Tim Paranto,
Director of Public Works ATTACHMENTS: 1. Beth Eden Sidewalk Easement
Location 2600 WADSWORTH BLVD. Wheal Ridge. Colorado 80033 EASEMENT KNOW ALL BY THESE PRESENTS, that Beth Kden Centen:lry Baplist Church, a Colonldo
Non-Profit Corporation, whose legal address is 2600 Wadsworth Blvd., County of Jefferson, State of Colorado, 80033, hereinafter called the "Grantors" for and in consideration of the
sum ofTEN and 00/100 DOLLARS ($ 10.00) and other valuable consideration to them in hand paid by the City of Wheat Ridge, hereiuafier called ".Q!y", does hereby give and grant to said
City l)ERMANEi'''T EASEMENT on, a long, over and across the following described premises to-wit: A 15 foot wide tract of land lying in the SEv.. of Section 26, Township 3 South, Range
69 Wcst of me 6th Principal Meridian. City of Wheat Ridge, Counry of Jefferson, State of Colorado. described as: SEE A IT ACHED EXHIBIT "A" HEREIN INCORPORATED BY TIllS REFERENCE. NOTE:
All bearings are relative to one another and are based on the bearing of Lhe west line of the SE Y. of said Section 26 being N OooI9'32"W. For the (lurpose of: The construction and maintenance
of a 10 fOOl wide sidewalk. The maintenance of the sidewalk shall include repair, replacement and snow removal. Subject to the following tem15 and conditions: To the extent permitted
by law, and without waiving any immuniti es., protections, or defenses ava ila ble at common law or under statute, inc luding, without limitation, the Colorado Governmental Immunities
Act, Section 24-10-101, et seq., C.R.S., the City, individually and for itself only, agrees to hold hrumless the Grantors fTOm and against ruly su it, ciajm. attomey's fees, loss or
damage, includ ing personal inj ury or loss of life, which may occur as a result of negligent construction or maintenance of sa id sidewalk by andlor for the City on the property subject
to this easement. Said tract contains 9,633 square feet or 0.2212 acres, more or tess. Also commonly known by street and number as: 2600 WADSWORTH BLVD., Wheat Ridge, CO 80033. And the
Grantors hereby covenant with the City that they have good title to the aforedescribed premises; and that they) have) good and lawful right to grant this easement. IN WJrnESS WHEREOF,
we have hereunto sel our hands this li!!.....-day of (Jvklxt r A.D., 2010. Daniel M. Gnlis, Grantor Deacon Board Chainnan STATE OF COLORJ\DO COUNTY OF JEFFERSON ) ) SS. ) Stewardship.
Finance Commiltee Chainnan The forego ing instrument was acknowledged before me this of &c f:;.du AJ20 10, by Daniel M. Gruis and Sharon J. Keck. Wilness my hand and official
sea l. The drniter ofthc description found on Exhibit A is Dal'ld F. Brossmtll\, P.L.s..prepared on bchaJfoflhe City o(Whcal Rldse, 1500 W 29· A\·cnue. Wheat Ridge. Colorado. 80033,
and is not 10 be cons\fUCd represcnlilg a monumcnlcd land survey. Attachment 1 rage I of3
EXHIBIT A LEGAL DESCRll'TION Commencing at the SW Comer of the SE 1/4 of Section 26, T3S, R69W of the 611> P.M.; Thence NOooI9'32"W on and along the west line of said SE Y. of section
26. a distance of 661.03 feet; Thence NS9"40'2S"E, a distance of82.10 feet to the TRUE I'OINT Of UEGINNlNC: Thence NS9"40'27"E, a distance of 16.78 feet; Thence S26" IS'00"W, a distance
of 5S.93 feet; of) Thence southerly, a distance of 17.43 feet along a curve 10 the left having a radius of 37.50 feet and a central angle of26"37'31" Thence SOO"19'30"E,
a distance of 89.56 fect; Thence southerly, a distance of 4.05 feet along a curve to the left having a radius of 12.50 feet and a central angle of 18°34'58" Thence S 18"54'28"E, a distance
of22.03 feet; Thence southerly, a distance of8.93 feet along a curve to the right having a radius of27.50 feet and a central angle of 18"36'51" Thence SOO"17'38"£, a distance of 194.31
feet; Thence southerly, a distance of IS.85 feet along a non tangent curve to the right of which which Ihe radius point lies S89"40'33"W a radius of 107.48 feet, and having a central
angle of 10"02'50" Thence S09"43'20"W. a distance of 104.07 feet; Thence southerly, a distance of 38.55 feet along a curve to the left having a radius of94.50 feet and a central angie
of23"22'15" 'mence s t 3°05'22"E, a distance of 86.67 feet lo lhe north ROW line ofW. 2611oAvenue; 'Inence N53G57'19"W on and along the north ROW line ofW. 2611oAvcnuc; a distance of22.92
feet; Thence N13°05'22"W, a dislance of 69. 19 fect; Thence northerly, a distance of 18.38 feet along a non tangent curve to the right of which the radius point lies N76"21 '05"E a radius
of 109.50 feet, and having a central angle of 09°37'00" Thence N90"00'OO"W, a distance of 6.07 feet to the east Right-of-Way line of Wadsworth Boulevard; Thence N02°55'36"W on and along
the east Right-of-Way line of Wadsworth Blvd.;, a distance of 15.02 feet; Thence N90000'OO''E, a distance of 6.81 feet; Thence nonherly, n distance of 11.27 teet along a non tangent
curve to to the right of which the radius point lies S86° 10'37"E a radius of 109.50 feet, and having a central angle of 05"53'57" Thence N09°43'20"E, a distance of 104.07 feet; Thence
northerly, a distance of 16.22 feet along a non tangent curve to the left of which the radius point lies N800 16'45"W a radius of92.52 feel, and having a central angle of 10°02'50" Thence
l\"OO"I7'38''W, a distance of 194.31 feet; Thcnce northcrly, a distance of 4.06 feet along a curve to the left having a radius of 12.50 feet and a central angle of 18"36'5 1" Thence
NI8"54'28"W, a distance of22.03 feet; Thence northerly, a distance of8.92 feet along a curve to the right having a radius of27.50 fcet and a cenITa1 angle of 18"34'58" Thence NoooI9'30"W,
a distance of89.56 feet, Thence northerly, a distance 0(24.40 feet along a curve to the right having a radius of 52.50 feet and a central angle of 26"3 7'31" Thence N26" 18'00"E, a distance
of 51.41 feet to the TRUE POINT OF BEGlNNIl"G. Said traCt contains 9,633 square feet or 0.22 12 acres, more or less.
NO" ,r::'::'-+ _ i-_I I __ L' -\ Ct<IfIO_X'w-..... L.4. I I , .. :IIr I fI;
I ! I I 1. HORIZONTAL COOROINATE S"'I'S"Ttt.!: GROUNO BASED MODIFIED FORt.! OF THE NAD83/92 STATE PLANE:. CEN"TRAl ZONE 0502. 2. DISTANCES ARE IN U. S. SURVEY FEET. " m
CITY OF WHEAT RIDGE DEPT. OF PUBLIC WORKS ENGINEERING DIVISION APPFtOVEi) 8Y '.'."')0'$11" C'<C'lD_,..·H"f..l .... OO' 1_ IIIrUlI"t r---....
" LOT 3 BETH BLOCK 3 BARTH'S SUB. EDEN BAPTIST CHURCH R# 2007089483 ----------I PROJECT NUMBER M-03-10 EXHIBIT A PAGE 3 of 3 EXHIBIT A
, . , • _ ' City of p WlieatRL.dge DATE: October 25, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 57-2010 -A RESOLUTION APPROVING A CONTRACT WITH THE
COLORADO DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF A MULTI-USE PATH ON WADSWORTH BOULEVARD FROM 26TH A VENUE TO 32ND AVENUE o PUBLIC HEARING o BIDS/MOTIONS [8J RESOLUTIONS
QUASI-JUDICIAL: (of Director of Public ISSUE: o ORDINANCES FOR 1ST READING o ORDINANCES FOR 2ND READING DYES In July of this year, The Denver Regional Council of Governments (DRCOG)
Board initiated a call for projects to various government agencies after identifying more than $55 million of federal transportation funds available for fiscal years 2010 and 2011 that
have not yet been programmed to projects. The City submitted an application and was awarded funding for a new multi-use trail on Wadsworth Boulevard, SH 121 , from 26th Avenue to 32nd
Avenue. The project includes the design and construction ofa 10-foot sidewalk for pedestrians and bicyclists. The Colorado Department of Transportation (COOT) will administer the project's
federal funding, while the City will manage the project design and construction. The total project amount is estimated at $780,000. Entering into an Intergovernmental Agreement (IGA)
with COOT is necessary to formally authorize the project and allow the design to commence. The IGA provides that the City pay 20% of the cost of the project, with reimbursement of 80%
of the costs, not to exceed $624,000. V:IFormslCAFtemplate
Council Action Form October 25, 20 I 0 Page 2 PRIOR ACTION: None FINANCIAL IMP ACT: City Staff will design the project and administer the construction with reimbursement of 80% of all
costs, not to exceed $624,000. While the project cost is not expected to exceed the project estimate, any unlikely shortfall will be provided by the City. A budget line item titled Wadsworth
Bike/Ped Trail in the amount of$780,000 is included in the 20 II Budget Capital Investment Program Fund (CIP) to finance the construction of the improvement. Likewise, the CIP revenues
include the expected reimbursement. The project reimbursement will be provided upon completion of the work. BACKGROUND: In July 20 I 0 the City applied for a bike and pedestrian federal
improvement project grant through DRCOG to fund the construction of a multi-use path on Wadsworth Boulevard between 26th Avenue and 32nd Avenue. The pedestrian! bicycle trail is included
in the recently approved Bicycle and Pedestrian Master Plan. DRCOG awarded the grant application in August 20 I O. City Staff has coordinated with COOT to develop the appropriate Intergovernmental
Agreement (IGA) to proceed with the project, even though federal authorization is not currently in place. The grant budget, in the amount of $780,000, will fmance the project design,
oversight and construction. COOT will
perform the contract oversight concerning federal and state regulations and the City will design and administer the construction of the project. The City will be reimbursed 80% of the
cost of the project, not to exceed $624,000. RECOMMENDATIONS: Staff recommends approving the contract with COOT to proceed with the design and construction of the improvements. RECOMMENDED
MOTION: "I move to approve Resolution No. 57-2010, a resolution approving a contract with the Colorado Department of Transportation for a multi-use path on Wadsworth Boulevard from 26th
to 32nd Avenue." Or: "I move to table indefinitely Resolution No. 57-2010, a resolution approving a contract with the Colorado Department of Transportation for a multi-use path on Wadsworth
Boulevard from 26th to 32nd Avenue for the following reason(s) _________ ,"
Council Action Form October 25, 20 I 0 Page 3 REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager Tim Paranto, Director of Public Works A TT ACHMENTS: 1. Resolution No. 57-2010
2. COOT Contract No. 18096
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 57 Series of 2010 TITLE: A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR A MULTI-USE PATH ON WADSWORTH
BOULEVARD FROM 26TH AVENUE TO 32ND AVENUE WHEREAS, the City Council wishes to provide for the construction of a multi-use path on Wadsworth Boulevard from 26th Avenue to 32nd Avenue;
and WHEREAS, the City of Wheat Ridge has been awarded a federal transportation grant by the Denver Regional Council Government (DRCOG) to design and construct the path; and WHEREAS,
the City has negotiated a contract with the Colorado Department of Transportation, DRCOG's funding stewardess, for the funding of the Project; and WHEREAS, the project funds will be
programmed in the 2011 Capital Investment Program budget under the Wadsworth Bike/Ped Trail project account to finance the project cost and will seek reimbursement of 80% of the Project
costs from COOT upon Project completion; NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, Council, that: Section 1. Contract Approved. The contract between the City and
the Colorado Department of Transportation for Project 18096: A multi-use path construction on Wadsworth Boulevard from 26th Avenue to 32nd Avenue, is hereby approved and the Mayor and
City Clerk are authorized and directed to execute the same. Section 2. Effective Date ____ _ This Resolution shall be effective immediately upon adoption. DONE AND RESOLVED this __ day
of _ ____ , 2010. Jerry DiTullio, Mayor ATTEST: Attachment 1
Michael Snow, City Clerk RES0001 2
(FMLAWRK) PROJECT STE 1211-077, (18096) REGION 6/(.JHIDW) CONTACT ROUTING # 11 HA6 23806 PO # 271001263 TRANSPORTATION ENHANCEMENT CONTRACT THIS CONTRACT made this _ day of _______ 2010,
by and between the State of Colorado for the use and benetit of the Colorado Depm1ment of Transportation hereinafter refelTed to as the State and the CITY OF WHEAT RIDGE, 7500 West 29'"
Avenue, Wheat Ridge, Colorado, 80033, COOT Vendor #: 2000099 hereinafter referred to as the "Contractor" or the "Local Agency." RECITALS I. Authority exists in the law and funds have
been budgeted, appropriated and otherwise made available and a sufficientuncommined balance thereof remains available for payment of project and Local Agency costs in Fund Number 400,
Functions 3020 and 3301, GL Accl. 4231200011 , WBS Elements 18096. 10.30 and 18096.20.10, (Contract Encumbrance Amount: Design -$77 ,298.00, Construction -$0.00 Total Encumbrance $77,298.00
2. Required approval. clearance and coordination have been accomplished from and with appropriate agencies. 3. Pursuant to Title r. Subtitle A, Section I 108 of the "Transpol1ation Equity
Act for the 21" Century" of 1998 (TEA-21) and/or the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" of2005 and to applicable provisions of Title
23 of the United States Code and implementing regulations at Title 23 of the Code of Federal Regulations, as may be amended, (collectively referred to hereinafter as the "Federal Provisions"),
certain federal funds have been and will in the future be allocated for transpOltation projects requested by Local Agencies and eligible under the Surface TranspOltation Improvement
Program that has been proposed by the State and approved by the Federal Highway Administration ("FHWA"), hereinafter referred to as the '·Program." 4. Pursuant to § I 007(a) orTEA-21
, at 23 U.S.c. § I 33(d)(2), certain Surface Transportation project funds are made available only for eligible "Transportation Enhancement Activities", as defined in § 23 U.S.c. § 10
I I (a), and this contract provides for the performance by the Local Agency of a project for an eligible Transportation Enhancement Activity. 5. Pursuant to § 43-1 -223, C.R.S. and to
applicable portions of the Federal Provisions, the State is responsible for the general administration and supervision of performance of projects in the Program, including the administration
of federal funds for a Ptogram project performed by a Local Agency under a contract with the State. 6. The Local Agency has requested that a celtain local transportation project be funded
as part of the Program, and by the date of execution of this contract, the Local Agency aneUor the State has completed and submitted a preliminary version of CD aT form #463 describing
the general nature of the Work. Page I of 19 Attachment 2
The Local Agency unde rstands that before the Work beg ins. the Local Agency must receive an official written "Notice to Proceed" prior to commencing any pan of the work. The Local Agency
fu rther understands that, the form #463 or the Ex hibit A. Scope of Work may be revised as a resu lt of design changes made by CDOT, in coordination with the Local Agency, in its internal
review process. The Local Agency desires to perform the Work described in form #463 onhe Ex hibit A, Scope of Work, as it may be revised. 7. Federal-aid funds have been made available
for proj ect STE 12 11 -077 ( 18096), which shall consist of the des ign and constructi on of a multi -use trail along the east side of Wadsworth Boulevard (SH 12 1) from 26th Avenue
to 29th Avenue and then along the west side of WadswOllh Boulevard (SH 12 1) from 29th Avenue to 32"" Avenue, referred to as the "Project" or the "Work." Such Work will be performed
in Wheat Ridge, Colorado, spec ifica lly described in Ex hibit A. 8. The matching ratio for this this federal aid project is 80% federal-aid funds to 20% Local Agency funds, it be ing
understood that such ratio applies only to such costs as are eligible for federal panicipation, it be ing furth er understood that all non-participating costs shall be borne by the Local
Agency at 100%. 9. The Local Agency desires to comply with the Federal Provisions and other applicable requirements, including the State's general administrati on and supervision of
the Project through this in order to obtain federal fund s. 10. The Local Agency has estimated the total cost of the Work and is prepared to provide its match share
of the cost, as ev idenced by an appropriate ordinance/resolution or other authority letter which expressly authori zes the Local Agency the authority to enter into this contract and
to ex pend its match shru'e of the Work. A copy of such ordinancelresolu tion or authority letter is attached hereto as Ex hibit B. I I. This contract is executed underthe authority
of §§ 29-1-203. 203. 43-1-1 10; 43-1-1 16,43-2-10 I (4)(c) and 43-2-144, e R.S . and Exhibit B. 12. The Local Agency is adequately staffed and suitably eq uipped to undellake and satisfactorily
complete some or all of the Work. 13. The Local Agency can more advantageously perform the Work. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Project or the Work under thi
s contract shall consist of design and constructi on of a multi use trail al ong the east side of Wadsworth Boulevard (SH 12 1) from 26th Avenue to 29th Avenue and then along the west
side ofWadswol1h Boulevard (SH 12 1) from 29th Avenue to 32"" Avenue, in Wheat Ridge, Colorado, as more specifically described in Exhibit A. Section 2. Order of Precedence In the event
of connicts or inconsistencies between this contract and its exhibits, such confli cts Or inconsistencies shall be resolved by reference to the documents in the fo llowing order of priority:
Page 2 of 19
I. Special Provisions contained in section 30 of this contract 2. This conu-act 3. Ex hibit A (Scope of Work) 4. Exhibit C (Funding Provisions) 5. Exhibit D (Cert ifi cation for Federal-Aid
Contracts) 6. Exhibit E (DBE Requirements) 7. Exhibit F (Contract Modifi cation Tools) 8. Other Ex hibits in desccnding order of their attachment. Section 3. Term This contract shall
be effective upon approval of the State Controller or designee, or on the date made, whichever is later. The term of this contract sha ll continue through the completion and fi nal acceptance
of the Project by the State. FHW A and the Local Agency. Section 4. Project Funding Provisions The maximum amount payable to the Local Agency under this contract shall be $61,839.00
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/reso lution or other authority
letter which ex press ly authorizes the Local Agency the authority to enter into this contract and to expend its match share of the Work. A copy of such ordinance/resolution or authority
letter is attached hereto as Exhibit B. The funding provisions for the Project are attached hereto as Exhibit C. The Local Agency shall provide its share of the funds for the Project
as outlined in Exhibit C. Section 5. Transportation Enhancement Payment Provisions A. The State will reimburse the Local Agency f'or the federa l-a id share of' the project design, and
other work following the State's review and approval of such charges, s ubject to the terms and conditions of this contract. The Local Agency wi ll prepare and submit to the State mon
thly charges for costs incurred relative to the design, and work portions of the project. Provided, however, that charges incurred by the Local Agency prior to the date of FHW A authorizati
on for the project and prior to the date this contract is exec uted 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. The State will reimburse the Local Agency's reasonable, all ocable, allowable costs of performance of
the Work, not exceeding the maximum total amount described in Exhibit C. The applicable principles described in Title 49, Code of Federal Regulations, Part 18 (t he "Common Rul e"),
Subpart C ("Financ ial Admin istration"), including 49 C.F.R. 18.22, shall govern the allowabi lity and allocability of costs under this contract. The Local Agency sha ll compl y with
all such principles. To be e ligible fo r reimbursement, costs by the Local Agency shall be: Page 3 of' 19
I. In accordance with the provisions of Ex hibit C and with the terms and conditions of the contract. 2. Necessary for accomplishment of the Work. 3. Reasonable in amount for the goods
and services provided. 4. Acrualnet cost to the Local Agency (i.e., the price paid minus any refunds, rebates, or other items of value received by the Local Agency that have the effect
of reducing the cost actually incurred). 5. lncurred for Work performed subsequeJ1l to the effective date of this contract. 6. Satisfactorily documented. C. The Local Agency shall establish
and maintain a proper accounting system in accordance with generally accepted accounting standards (a separate set of accounts. or as a separate and integral paI1 of its current accounting
scheme) to assure that project funds are expended and costs accounted for in a manner consisteJ1l with this contract and project objectives. I. All allowable cOSts charged to the project,
including any approved services contributed by the Local Agency or others, shall be supported by properly executed payroll s, time records, invoices, contracts or vouchers evidencing
in detai I the nature of the charges. 2. Any check or order drawn up by the Local Age ncy. including any item which is or will be chargeable against the project account shall be drawn
up only in accordance with a properly signed voucher then on file in the office of the Local Agency, which will detail the purpose for which said check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders or other accounting documents shall be clearly identified, readily accessible, and to the extent fea sible, kept separate and apru1 from
all other such documents. O. Upon execution of this contract the State is authorized, in its di scretion, 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 pelform such services, and that payment for such services shall be at no cost to the State but shall be as provided in Exhibit C. At the request of the
Local Agency, the State shall also provide other assi stance pursuant to this contract as may be agreed in writing. In the event that federal-aid project funds remain available for payment,
the Local Agency understands and agrees the costs of any such services and assistance shall be paid to the State from project funds at the applicable rate. However, in the event that
such funding is not made available or is withdrawn for this contract, or if the Local Agency terminates this contract prior to project approval or completion for any reason, then all
actual incurred costs of such services and assistance provided by the State shall be the sole expense of the Local Agency. E. If the Local Agency is to be billed for COOT incurred direct
costs, the billing procedure shall be as follow s: Page 4 of 19
I. Upon rece ipt of each bill from the State, the Local Agency wi ll remit to the State the amount billed no later than 45 days after rece ipt of each bill . Should the Local Agency
fa il to pay moneys due the State within 45 days of demand or within such other period as may be agreed between the parties he reto, the Local Agency agrees that at the request of the
Stale. the State Treasurer may withhold an equal amount from future apporti onments due the Local Agency from the Highway Use rs Tax Fu nd and to pay such funds directly to the State.
In te rim funds. un ti l the State is reimbursed, shall be payable from the State Highway Supplement ary Fund (400). 2. If the Local Agency fails to make time ly payment to the State
as req uired by this secti on (within45 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 pa id in full. The in terest shall accrue for the peri od from the required payment dale to the date on whi ch payme nt is
made. F. The Local Agency will prepare and submit to the State monthl y charges for costs incurred relati ve to the project. The Local Agency's in voices shall inc lude a descripti on
of the amounts of services performed, the dates of performance and the amounts and descript ion o f reimbursable ex penses. The in voices will be prepared in accord ance with the State's
standard polic ies, procedures, and stand ardi zed billing format to be suppli ed by the State. G. To be considered for payment, billings for payment pursuant to this contract must be
received within 60 days after the peri od for whi ch payment is being requested and fin al billings on the contract must be received by the State within 60 days after the end of the
contract term. I. Payments pursuant to thi s contract shall be made as earned. in whole or in part. from avail able fund s, encumbered for the purchase of the described services. The
li ability of the State, at any time. for such payments shall be limited to the amount remaining of such encumbered funds. 2. In the event this contract is terminated, final payment
to the Local Agency may be withhe ld at the discretion of the State until completion of fin al audit. 3. Incorrect payments to the Loca l Agency due to omi ss ion, error, fraud, or defalcation
shall be recovered from the Local Agency by deduction from subsequent payment under this contract or other contracts between the State and Local Agency, or by the State as a debt due
to the State. 4. Any costs inc urred by the Local Agency that are not a llowable under the Common Rule shall be reimbursed by the Local Agency, or offset again st curre nt obligati ons
due by the State to the Local Agency, at the State's e lecti on. Section 6. State and Local Agency Commitments The Local Agency Contract Administration Checkli st in Ex hib it G describes
the Work to be performed and ass igns responsibility of that Work to either the Local Agency or the State. The "Responsible Party" re ferred to in this contract means the Responsible
Party as identitied in the Local Agency Contract Administrat ion Checkli st in Ex hi bit G. Page 5 of 19
A. Design [ApplicableJ I. 11' the Work includes preliminary des ign or tinal desi gn (the "Construction Plans"). or design work sheets. or special provis ions and estimates (coll ective
ly referred to as the "Plans"), the responsible party shall comply with the following requirements, as applicable: a. perform or provide the Pl ans, to the extent required by the natu
re of the Work. b. prepare final design (Construction Plans) in accord wi th the requirements of the latest edition or the American Association of State Highway TranspOltation Officials
(AASI-ITO) manual or other sta ndard , such as the Un iform Building Code, as approved by CDOT. c. prepare special provisions and estimates in accord with the State's Roadway and Bridge
Design Manuals and Standard Specifications for Road and Bridge Construction or Local Agency specifications if approved by CDOT. d. include details of any req uired detours in the Plans,
in order to prevent any interference of the construction work and to protect the traveling publi c. e. stamp the Plans produced by a Colorado Regi stered Profess ional Engi neer. f.
provide final assembly or Plans and contract documents. g. be responsi ble for the Plans being accurate and complete. h. make no further changes in the Plans following the award of the
construction contract except by agreement in writing between the parties. The Plans shall be considered final when approved and accepted by the parties hereto. and when linalthey shall
be deemed incorporated herein . 2. If the Local Agency is the respo nsible party: a. The local agency shall comply with the requirements of the Americans With Disabilities Act (ADA),
and applicable federal regulati ons and standards as contained in the document "ADA Access ibility Req uirements in COOT TranspOltation Projects". b. [t shall afford the State ample
opportunity to review the Plans and make any changes in the Pl ans that are directed by the State to comply with FHW A requirements. c. [t may enter into a contract with a consultant
to do all or any portion of the Plans and/or of construction administrati on. Provided. however, that if fed eral-aid funds are involved in the cost of such work to be done by a consultant,
that consultant contract (and the performance/prov ision of the Plans under the contract) must comply with all applicable requirements of 23 CFR Part 172 and with any procedures implementing
those requirements as provided by the State. including those in Exhibit H attached hereto. If the Local Agency does enter into a contract with a consultant for the Work: ( I) it shall
submit a certifi cation that procurement of any design consultant contract complied with the requirements of23 CFR 172.5( I) prior to enteri ng into contract. The State shall either
approve or deny such procurement. If denied, the Local Agency may not enter into the contract. Page 6 of 19
(2) it shall ensure that all changes in the consultant cont ract have prior app roval by the State and FHWA. Such c hanges in the contract shall be by written supplement agreement. As
soon as the contract with the consultant has been awarded by the Local Agency, one copy of the exec uted contract shall be submilled to the State. Any amendments to such conu'act shall
also be submilled. (3) it shall require that all consultant billings under that contract shall comply wi th the State's standardi zed billing format. Examples of the billing formats
are available from the CDOT Agreements Office. (4) it (or its consultant) shall use the CDOT procedures described in Exhibit H to administer that des ign consultant subcontract, to compl
y with 23 CFR I 72.5(b) and (d). (5) it may ex pedite any COOT approval of its procurement process and/or consultant contract by submitting a letter to COOT from the cert ifying Local
Agency's allomey/authorized representative certifyi ng compliance with Exhibit H ancl 23 CFR 172.5(b)b)and (d). (6) it shall ensure that its consu ltant contract complies with the requirem
ents of 49 CFR 18.36(i) and contains the following language verbatim: (a) 'The des ign work uncler this contract shall be compatible with the req uirements of the contract between the
Local Agency and the State (whi ch is incorporated herein by this reference) for the designlconstruction 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 reso lution of construction problems that may arise during the construct ion of the proj ect." (c) "The consultant shall review the construction contractor's
shop drawings for conformance with the contract documents and compliance with the provi s ions of the State's publication, Standard Specifications for Road and Bridge Construction, in
connection with thi s work." d. The State, in its di scretion, will review construction plans, special provi sions and estimates and will cause the Local Agency to make changes therein
that the State determines are necessary to assure compliance with State and FHW A req ui rements. B. Construction [Appli cabl e] I. If the Work includes construction, the responsible
party shall perform the constru ct ion in accordance with the approved des ign plans and/or administer the constru ct ion all in accord with the Local Agency Contract Administration
Checklist. Page 7 of 19
Such administration shall include project inspection and testing; approvi ng sources of material s; performing required plant and shop inspecti ons; documentat ion of cont ract payments,
testing and inspection aClivities; preparing and approving pay esti mates: preparing. approving and securing the funding for contract modi fi cation orders and minor contract
process ing contractor claims; construct ion superv ision; and meeting the Quality Control requirements of the FHW A/CDOT Stewardship Agreement, as described in the Local
Age ncy Conu'act Administration Checkli st. 2. The State shall have the authority to suspend the Work, wholly or in part, by giving written notice thereof to the Local Agency, due to
the failure of the Local Agency or its contractor to correct project conditions which are unsa fe for workers or for such periods as the State may deem necessary due to unsuitable weat
her, 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. 3. If the Local Agency
is the responsible party: a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (LAPE), to perform that administration.
The LAPE shall administcr the project in accordance with this contract, the requirements of the construction contract and applicable State procedures. b. if bids are to be let for the
construction of the project, it shall advertise the call for bids upon approval by the State and award the construction contract(s) to the low responsible bidder(s) upon approval by
the State. ( I) in advertising and awarding the bid for the construction of a federal-aid project, the Local Agency shall comply with applicable requirements of 23 USC § 112 and23 CFR
Parts 633 and 635 and C R.S . § 24-92-10 I et seq. Those requirements include, without limitation, that the Local Agency/contractor shall incorporate Form 1273 (Exhibit I) in its entirety
verbatim into any subcontract(s) for those services as terms and conditions therefore, as required by 23 CFR 633. I02(e). (2) the Local Agency has the option to accept or reject the
proposal of the apparent low biclcler for work on which competitive bids have been received. The Local Agency must declare the acceptance or rejection within 3 working days after said
bids are publicly opened. (3) by indicating its concurrence in such award, the Local Agency, acting by or through its duly authori zed representati ves, agrees to provide additional
funds, subject to their availabi lity and appropriation forthat purpose, if required to complete the Work under this project if no additional federal-aid funds will be made available
for the project. This paragraph also applies to projects advel1i sed and awarded by the State. Page 8 of 19
c. If all or part oT the construction work is to be accompli shed by Local Agency personnel (i.e. by fo rce acco unt), rather than by a competitive bidding process. the Local Agency
will ensure that all such fo rce account work is accomplished in accordance wi th the pertinent State specificat ions and req uirements with 23 CFR 635, Subpart B, Force Account Constructio
n. ( I) Such work wi ll normally be based upon est imated quantiti es and firm unit prices agreed to between the Local Agency, the State and FHW A in advance of the Work, as provided
for in 23 CFR 635.204(c). Such agreed uni t p'lees shall constitu te a commitment as to the va lue of the Work to be performed. (2) An alternati ve to the above is that the Local Agency
may agree to partic ipate in the Work based on actual costs of labor, equipment rental, materi als suppli es and supervi sion necessary to complete the Work. Where actu al costs are
used, elig ibili ty of cost items shall be evaluated for compliance with 48 CFR Part 3 1. (3) Renta Renta l rates for publicly owned equipment wi ll be determ ined in accordance with
the State's Standard Specifi cations fo r Road and Bridge Construction § 109.04. (4) All force account work shall have prior approval of the State and/or FHW A and shall not be initiated
unt il the State has issued a written notice to proceed. C. State's obl igations I. The State will perform a fi nal project inspecti on prior to project acceptance as a Qual ity Control!
Assurance acti vity. When all Work has been satisfactori Iy completed, the State will sign the FHW A Form 12 12. 2. Notwithstanding any consents or approvals given by the State for the
Plans. the State will not be liabl e or responsible in any manner for the structural des ign, deta ils or constru cti on of any major structures that are designed by or are the responsibility
of the Local Agency as identifi ed in the Local Agency Contract Admini stration Checklist, Ex hibit G, within the Work of this contract. Section 7, ROW AC(IUisition and Relocation [I'
applicabl e, prior to this project being adverti sed for bids, the Respons ible Party will certi fy in writing to the State that all ri ght of way has been acquired in accordance with
the appli cable State and federal regul ati ons, or that no additi onal ri ght of way is required. Any acqui sition/relocati on acti vities must compl y with all federal and state stat
utes, regulations, COOT po lic ies and procedures, 49 CFR Part 24, the government wide Uniform Act regul ati on, the FHW A Project Development Guide and COOT's Right of Way Operati ons
Manu al. Page 9 of 19
Allocation of Responsibilities can be as follows: • Federal participation in ri ght of way acquisition (3 1 I I charges). re locati on (3 109 charges) acti vities, if any. and ri ght
of way inc identals (ex penses incidental to acquisition/relocat ion of ri ght of way -3 1 14 charges); • Federal participation
in ri ght or way acq ui sition (3 11 I charges), re location (3 109 charges) but no participation in incidemal ex penses (3 114 charges); or • No federal participation in ri ght of way
acquisit ion (3 111 charges) and re locati on activ ities (3 109 expenses). Regardless of the option selected above. the State retains oversight responsibilities. The Local Agency's
and the Statc's responsibilities ror each option is specifically set forth in COOT's Ri ght of Way Operation Manual. The manual is located at http://www.do1. statc.co.u s/ROW Manual!.
Section 8. Utilities If applicable. the Respons ible Party will be res ponsible for obtaining the proper cl ea rance or approval from any utility company wh ich ich may become in volved
in this Proj ect. Prior to thi s Project being adverti sed for bids. the Responsible Party will cel1ify in writing to the State that all such clearances have been obtained. Section 9.
Railroads 1n the evemthe Project in vo lves modification of a ra ilroad company's facilities whereby the Work is to be accomplished by railroad company rorces, the Respons ible Party
shall make timely appli cation to the Public Util ities Commission requesting its order providing for the installation of the proposed improvemems and not proceed with that part 01'
the Work without compliance. The Responsible Party shall also estab lish contact with the railroad company involved ror the purpose of complyi ng with app licable provi sions of 23 CFR
646, subpart B, concerning rederal-aid projects in vol vi ng railroad facilities, including: I . Executing an agreement setting out what work is to be accompli shed ancl the location(s)
thereof. and that the costs of the improvement shall be e ligible for federal federal participation. 2. Obtaining the railroad's detailed estimate of the cost of the Work. 3. Estab li
shing future maintenance respons ibilities for the proposed installation. 4. Proscribing ruture use or di spositions or the proposed improvements in the event of abandonment or elimination
of a grade cross ing. S. Establ ishing ruture repair and/or replacement responsibilities in the event or acc idental destruction or damage to the installation. Section 10. Environmental
Obligations The Local Agency shall perform all Work in accordance wi th the requirements of the c urrent federa l and state environmental regulations including the National Environmental
Policy Act of 1969 (NEPA) as applicable. Page 10 of 19
Section II. Maintenance Obligations The Local Agency will maintain and operate the im provements constructed under th is con tract at its own cost and ex pense du ring the ir use ful
life. in a man ner sat isfactory to the State and FHWA. The Local Agency will make proper provis ions for such maintenance obli gations each yea r. Such maintenance and operations shall
be conducted in accordance with a ll applicable statutes. ord ina nces and reg ulati ons whi ch de fine the Local Agency's obligations to mai nta in such improveme nts. The State and
FHWA will make peri odic in spect ions of the project to verify that such im proveme nts are being adequate ly main tai ned. Section 12. Federal Requirements The Local Agency andlor
their contractor shall at all times during the execution of this contract strictly adhere to. and comply with, all applicable federal and state laws, and the ir im plementing regulation
s, as they currently ex ist and may hcreaft er be amcnded. The contractor shall also req uire co mpliance with these statutes and regulations in subgrant agreements permi tted un der
this contract. A li sting of certain federal and statc laws that may be applicable are described in Ex hi bit J. Section 13. 'Record Keeping The Local Agency shall maintain a complete
tile of all records. documents. communications, and other written material s whi ch perta in to the costs incurred under this contrac t. The Local Agency shall mainta in such records
for a peri od of three (3) years after the date o f termin ation of this contract or tinal payment hereunder, whichever is later. or for such further peri od as may be necessary to resolve
any matters whi ch may be pending. The Local Agency shall make such materials available for inspection at all reasonable times and shall permit dul y authorized agents and employees
of the State and FHW A to inspect the project and to inspect, review and audit the project records. Section 14. Termination Provisions This contract may be terminated as follows: A.
Termination for Conveni ence. The State may terminate this contract at any time the Statc determines that the purposes of the di stribution of moneys under the contract would no longer
be served by completi on of the project. The State shall effect such terminati on by giving written notice of termination to the Local Agency and specifying the e ffective date thereof,
at least twenty (20) days before the effective date of such terminati on. B. Te rminati on fm·Cause. Lf, through any cause, the Local Age ncy sha ll fa il to ful tlll, in a timely and
proper manner, its obligati ons under this contract, or if the Local Age ncy shall violate any of the covenants, agreeme nts, or stipul ati ons of this contract. the State shall thereupon
have the right to terminate thi s contract for cause by giving written notice to the Local Agency of its intent to te rminate and at least ten ( 10) days opportunity to cure the de fault
or show cause why termination is otherwise not appropriate. In the event of tenn ination, all tinished or untinished documents, data, studies, surveys, drawin gs, maps, mode ls, photographs
and reports or other materi al prepared by the Local Agency under this contract shall , at the option of the State, become its propelty, and the Local Agency shall be entitled to receive
just and equ itable compensation for any services and supplies deli vered and accepted. Page II of 19
The Local Agency shall be obligated to retu rn any payments advanced under the provi sions of this contract. Notwithstandi ng the above. the Local Agency shall not be relieved of li
abi lity to the State for any damages sustained by the State by virtue of any breach of the co ntract by the Local Agency, and the Stale may withhold payment to the Local Agency for
the purposes of miti gating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined,
ror any reaso n, 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 conveni ence,
and the ri ghts and obli gat ions of the parties shall be the same as if the contract had been terminated for co nven ience, as described herein. C. Termination Due to Loss of Funding.
The parties hereto ex press ly recognize that the Local Agency is to be paid. rei mbursed, or otherwi se compe nsated wi th federal and/or State runds which are avai lable to the State
for the purposes of contracting for the Project provided ror herein, and therefore, the Local Agency ex press ly understands and agrees that all its rights, demands and claims to compensati
on ari s ing under this co ntract are contingent upon availability or such funds to the State. In the event that such funds or any part thereof are not ava ilable to the State, the State
may immediate ly terminate or amend this contract. Section IS. Legal Authority The LocaJ Agency warrants that it possesses the legal authority to enter into this contract and that it
has taken all actions required by its proced ures, 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) exec uting this contract on behalf of the Local Agency warrants that such person(s) has full authori zat ion to exec ute this
contract. Section 16. Representatives and Notice The State will pro vide liai son with the Local Agency through the State's Region Director, Region 6, 2000 South Holly Street, Denver,
Colorado 80222. Said Region Director will also be respons ible for coordinating the State's activities under this contract and will also iss ue a "Notice to Proceed" to the Local Agency
for commencement of the Work. All communications relating to the day-to-day activities for the work shall be exchanged between representati ves of the State's Transportation Region 6
and the Local Agency. All communicati on, notices, and correspondence shall be addressed to the indi viduals identifi ed below. Either pru1y Illay frolll time to time des ignate in writing
new or substitute representati ves. If to State: Tamara Hunter-Mauer CDOT Region 6 2000 South Holly Street Denver, Colorado 80222 (303) 757-9329 Page 12 of J9 If to the Local Agency:
Mark Westberg City of Wheat Ridge 7500 West 291h Avenue Wheat Ridge, Colorado 80033 (303) 235-2863
Section 17. Successors Except as here in otherwise prov ided. this contract shall inure to the benefit of and be binding upon the parties hereto and their respecti ve successors and
ass igns. Section 18. Third Party Beneliciaries It is ex press ly understood and agreed that the enforceme nt of the terms and cond it ions of this contract and all ri ghts of actio
n relating to such en I'orcement, shall be stri ct ly reserved to the State and the Local Agency. Nothing contained in this contract shall give or allow any c laim or right of acti on
whatsoever by any other thi rd person. It is the ex press inte ntion of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving
se rvices or bene fits under this contract shall be deemed an incidental bene llc iary onl y. Section 19. Governmental Immunity Notwith standing any other provision of this contract
to the contra ry, no term or condit ion of this contract shall be construed or interpreted as a waiver. ex ex press or im plied, of any of the immunities, ri ghts, benefi ts, protection,
or ot her provisions of the Colorado Governmental Immunity Act, § 24-10-10 I, et seq., C R.S., as now or hereafter amended. The parties understand and agree that liabi I ity for cl aims
for injuries to persons or property arising out of negli gence of the State of Colorado or the Local Agency, their departments, instituti ons, agenc ies, board s, offi c ials and employees
is controll ed and limi ted by the provis ions of § 24-10-10 I, et seq., C R. S., as now or hereafter amended and the ri sk management st atutes. §§ 24-30-150 I, et seq .. CR.S .. as
now or herea fter amended. Section 20. Severability To the ex tent that thi s contract may be executed and performance of the obligations of the parties may be acco mplished within the
inte nt of the contract, the terms of this contract are severable, and should any term or provision hereof be decl ared in valid or become inoperative for any reaso n, such in va lidity
or failure shall not affect the va lidity of any other term or prov ision hereof. Section 21. Waiver The waiver of any breach of a term , provision, or requirement of this contract shall
not be construed or deemed as a wai ver of any subsequent breach of such term, prov ision, or requirement, or of any other term, provision or requirement. Section 22. Entire Understanding
This co ntract is intended as the complete integrati on of all understandings between the pru1 ies. No prior or contemporaneous additi on, de leti on, or other amendment hereto shall
have any fo rce or effect whatsoever, unless embodi ed herein by writing. No subsequent novati on, renewal, additi on, de letion, or other amendment hereto shall have any force or e
ffect unless embod ied in a writi ng executed and approved pursuant to the State Fiscal Rul es. Page 13 of 19
Section 23. Survival of Contract Terms Notwithstanding anything he rein to thecomrary, the parties understand and agree that all terms and conditions of thi s contract and the ex hibits
and attachments hereto whi ch may require continued performance, compliance or effect beyond the termination date of the contract shall survive such termi nation date and shall be enforceable
by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 24. Modification and Amendment This contract is subj ect to such modifications
as may be required by changes in federal or State law. or their impl ementing regulations. Any such required modification shall automat ically be incorporated into and be part of this
contract on the effective date of such change as if fully set forth herein. Except as provided above, no modifi cation of this contract shall be effective unless agreed to in writing
by both parties in an amendment to this contract that is properly executed and approved approved in accordance with appli cable law. Section 25. Option Letters Option Letters may be
used to ex tend Agreement term, change the level of service within the current term due to unex pected overmatch, add a phase without increasing contract dollars, or increase or decrease
the amount of fundin g. These options are limited to the speciJic scenarios listed below. The Option Letter shall not be deemed valid until s igned by the State Controll er or an authori
zed de legate. Following are the appli cati ons for the indi vidual options under the Option Letter form: Option 1 -Option to extend or renew (thi s option applies to Highway and Signal
maintenance contracts onl y). In the event the State des ires to continue the Services and a replacement contract has not been full y approved by the terminati on date of this contract,
the State, upon written notice to Contractor, may unilaterally ex tend this contract for a peri od of up to one ( I) year. The contract shall be ex tended under the same tcrms and co
co nditions as the ori gin al contract, including, but not limited to prices, rates and service de li very requirements. Thi s extension shall terminate at the end of the one ( I) year
peri od or when the replacement contract is signed by the Colorado State Controll er or an authori zed delegate. The State may exerci se thi s option by providing a fully exec uted option
to the contractor, within thil1y (30) days prior to the end of the current contract term, in a form substantiall y equi valent to Exhibit F. If the State exerc ises this option, the
ex tended contract will be cons ide red to include this option provision. The total duration of thi s contract, including the exercise of an y options under this clause, shall not exceed
fi ve (5) years. Option 2 -Level of service change within current term due to unex pected overmatch in an overbid situation only. In the event the State has contracted all project funding
and the Local Agency's construction bid is higher than ex pected, this option all ows for additiona l Local Overmatch dollars to be provided by the Local Agency to be added to the contract.
This option is only applicable for Local Overmatch on an overbid situati on and sha ll not be intended for any other Local Overmatch funding. Page 14 of 19
The State may unilaterally increase the total dollars of this contract as stipulated by the executed Option Letter (Exhibit F), which will bring the maximum amount payable under this
contract to the amount indicated in Ex hibit C-I attached to the executed Option Letter (future changes to Ex hibit C shall be labeled as C-2, C-3, etc, as applicable). Performance of
the services shall continue under the same terms as established in the contract. The State \ViII use the Financial Statement sublllitted bv the Local Agencv for "Concllrrence to Advertise"
as evidence althe Local Agcllcv's intent fa award and it will also provide the additional amount reauired 10 exercise this option. If the State exercises this option, the contract will
be considered to include this opt ion prOVISion . Option 3 -Option to add overlapping phase without increasing contract doll ars. The State may require the contractor to begin a phase
that may include Des ign, Construction, Environmental , Utilities, ROW Inc identals or Miscellaneous (thi s does not apply to AcquisitionlRelocation or Railroads) as detail ed in Exhibit
A and at the same terms and conditi ons stated in the ori ginal contract with the contract dollars remaining the same. The State may exe rcise thi s option by providing a fully executed
option to the contractor within thirty (30) days before the initial targeted stan date of the phase, in a form substantially equi valent to Exhibit F . U' the State exercises this option,
the contract will be considered to include this option provi sion. Option 4 -To update funding (increases andlor decreases) with a new Exhibit C. This option can be used to increase
andlor decrease the overall contract dollars (s tate, federal. local match, local agency overmatch) to date, by replacing the ori ginal funding ex hibit (Ex hibit C) in the Original
Contract with an updated Exhibit C-I (subsequent ex hibits to Exhibit C-I shall be labe led C-2, C-3, etc). The State may have a need to update changes to state, federal , localmalch
and local agency overmatch funds as outlined in Exhibit C-I, which will be attached to the option form. The Slate may exercise this option by providing a fully executed option to the
contractor within thirty (30) days af1errhe State has received notice of fundin g changes, in a form substantially eq uival ent to Exhibit F. [f the State exercises thi s option, the
contract will be considered to include this option provision. Section 26. Disadvantaged Business Enterprise (OBE) The Local Agency will comply with all requirements of Ex hibit E and
the Local Agency Contract Admini stration Checklist rega rding DBE requirements for the Work, except that if the Local Agency des ires to use its own DBE program to implement and administer
the DBE provis ions of 49 CFR Part 26 under this contract, it must submit a copy of its program's requirements to the State for review and approval before the execution of this contract.
If the Local Agency uses its program for this contract, the Local Agency shall be solely responsible to defend that DBE program and its use of that program against all legal and other
challenges or complaints, at its sole cost and ex pense. Such responsibility includes, without limitation, determinations concerning DBE eligibility requirements and certification, adequate
legal and factual bases for DBE goals and good faith efforts. State approval (if provided) of the Local Agency's DBE program does not waive or modify the sole responsibility of the Local
Agency for its use as described above. Page 15 of 19
Section 27. Disputes Except as otherwise provided in this conLJ'act, any di spute concerning a question of fact arising under this contract whi ch is not di sposed of by agreement will
be decided by the Chief Engineer of the Department of Transportati on. The dec is'ion of the Chi ef Engineer wi II be fin al and conclusive unless. within 30 cal endar days after the
date o f receipt of a copy of such wrille n decision, the Local Agency mails or otherwise furni shes to the State a written appeal addressed to the Executive Director of the Department
of Transportati on. In connection with any appeal proceeding under this clause, the Lecal Agency shall be a fforded an opportunity to be heard and to offer evide nce in support of its
appeal. Pending fin al decision of a di spute hereunder. the Local Agcncy shall procecd diligentl y with the performance of the contract in accordance wi th th e Chief Engi neer's decision.
T he dec is ion of the Executi ve Director or his dul y authori zed re presentati ve for the determination of such appeals will be fin al and conclusive and serve as fin al agency acti
on. This di spute clause does not preclude considerati on of question s of law in connecti on with decisions provided for here in . Nothing in this contract, however, shall be construed
as making fi nal the decision of any administrat ive offi cial, representati ve, or board on a quest ion of law. Section 28. Single Audit Act Amendment All state and local government
and non-profit organi zati on Sub-Grantees receiving more than $500,000 from a ll funding sources, that are defin ed as federal financ ial ass istance for Single Audit Act Amendment
purposes, shall compl y with the audit requirements of OMB Circular A-133 (Audits of States, Local Governments and Non-Prof,t Organi zations) see a lso, 49 CFR 18.20 through 18.26. The
Single Audit Act Amendment requirements that apply to Sub-Grantees rece iving federal funds are as follows: a) If the Sub-Grantee ex pends less than $500,000 in Federal funds (all federal
sources, not just Highway funds) in its fi scal year then this requirement does not apply. b) If the Sub-Grantee ex pends more than $500,000 in Federal fund s, but only received fede
ral Highway funds (Catalog of Federa l Domestic Ass istance, CFDA 20.205) the n a program spec ific auelit shall be performed. This audit will examine the " finan cial" procedures and
processes for this program area. c) [f the Sub-Grantee ex pends more than $500,000 in Federal fund s. and the Federal funds are from multiple sources (FT A, I-IUD, NPS, etc.) then the
Single Audit Act appl ies, whi ch is an audit on th e entire organi zation/enti ty. d) Single Audit can only be conducted by an independent CPA, not by an auelitor on staff. e) An audit
is an allowable direct or indirect cost. Section 29. Statewide Contract Management System If the maximum amount payable to the Local Agency uncleI' this Agreement is $ 100,000 or greater,
either on the Effective Date or at anyt ime thereafter, this §29 appli es. The Local Agency agrees to be governed, and to abide, by the provisions of CRS §24-1 02-205, §24-102-206, §24-1
03-60 I, §24-1 03.5-1 0 I and §24-1 05-1 02 concerning the monitoring of vendor performance on state agreements/contracts and inclusion of' agreement/contract performance information
in a statewide contrac t management system. Page 16 of 19
The Local Agency's performance shall be subj ect to Evaluation and Review in acco rdance wi th the terms and conditi ons of this Agreement. State law, including CRS §24-1 03.5-1 0 I.
and State Fiscal Rules, Policies and Guidance. Evaluation and Review of the Local Agency" s performance shall be pal1 of the normal Agreement administration process and the Local Agency's
performance will be systematically recorded in the statewide Agreement Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and
timeliness. Collection of information relevant to the performance of the Local Agency"s obligations under this Agreement shall be determined by the specific requirements of such obligations
and shall include factors tailored to match the requirements of the Local Agency's Obligations. Such performance information shall be entered into the statewide Contract Management System
at intervals established he re in and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Agreementtenn. The Local Agency shall be notified following
each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the tinal performance Evaluation and
Review determine that the Local Agency demonstrated a gross failure to meet the performance measures establi shed here under. the Executive Director of the Colorado Dep,u1ment of Personnel
and Administration (Executive Director), upon request by COOT, and showing of good cause, may debar the Local Agency and prohibit the Local Agency from bidding on future Agreements.
The Local Agency may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may res ult in either removal or correction of the evaluation (CRS §24-1
05-1 02(6)), or (b) under CRS §24-1 05-1 02(6), exerci sing the debarment protest and appeal rights provided in CRS §§24-1 09-1 06, 107,201 or 202, which may res ult in the reversal
of the debarment and reinstatement of the Local Agency, by the Executive Director, upon showing of good cause. Page 17 of 19
Section 30. SPECIAL PROVISIONS These Special Provisions apply 10 all contracts except where noted in italics. I. CONTROLl .E II 'S AI'I'ROVA L. C RS §Z" -30-2tlU I J. '111il> (;Ontract
b .. \alid until it ha:. approved by th .. Colorado Stale Cumroll .. r or I.k'ignce. 2. FUNI) A VAILAHILITY . CKS §2.J·30· 2tJ2(5.5). Fin:.lncial
orfhc Slarl' p;l).Ibk "fief the curr.:nl lise;rl ycar arc contingent upon fumh for that !")';:llIg apPl'Oprialed. hudgclt..'d. lmd made
uv.u\'Lhk. 3. GOVERN1\ IENTAL 11\11\1 UNIT\'. No r.:rrll or ,undi!ion Oflhi, contract he !:01I!'>lru..:d or intl'rprctt'd Ul> a VI aiv..:r. <:xprc,s O( ullpli.:d. I,It any
of lhe immunities. rights. bcncrlK or other of lhe Colorodo Gowrnmcnwllmrntll1llY ACI, CRS §24-IO-IUI el IJr the
Feueral Tor! Claims Act. 21i U.S.c. §§ 1346{b) and 2671 ct seq .. as applicable now or hereaftcr ufllenckd . .I. IN I)EI'ENl>ENT CONTW:ACTOW:. Contractor perform ib ullties
hereunder an inucpenuent contractor anu not as an employee. Neither Ci.mtr;lctor nor :my agent or cmployee of Contractor be uetmed to be un agt'nt or of
Ihc Slatc. Contraclor and employt'c., and arc lint enTitled to unemploymenl or through
th<' State :l1ld th<' Statc nOI pay for or other" providc such l'overage for Contractor or any of its agents or employ<.'<!s. UncmployrncnI insurance bendils "ill
lx' avaiJabk to COnlraclOr and its employecs and only if such covcragc is m(lue availablc by Contractor or a third party. Contraclor shl!lI p:ly "hen due all appliclJbk
cmploymenl laxcs and income and local he;ullaxes inculTed to Ihis contract. Conll'actur shnll not h:lve aUlhorizmion. express or implieu. 10 bmd Ihe Slalc
to any agreement. liablhty or unuer.<.tanding. excepl ns expressl) fOJ1h herein. ContraClOf ( ;I) provide :md 111 force workers' compensation and unemploymelll
insurance in the amOUfJlS required hy law. (h) provtde proof thereof whcn requcstcd by the Stale. and (c) be solely for liS and
those of employees and 5. COI'III'LlANCE WITH LA \\'. Contr:lctor shall strictly (;omply with :1 11 C1pplicable fcucr;!1 :I11U SI:II(; :
lnd in effect or hereafter IfIcluding. \\ ithout limit:uion. la" s applicnblc to ,.. and unfair ernplo)
men! pr:lctie.::s. 6. C HOICE OF LA W. Colorado la\\. and rules and regul:l tions be applied in the interprelation. execution.
anu enforcement of this contraci. A ny provision included or incorporated herein by reference \\ hich contlicts with said laws. rules. and regulations be null and VOid.
Any provision intorpo;'lIed herein by l'I!ferencc "hich purpOr"1s In ncgate thb or :my otht'r Speci;!l Prov"ion in whole or in pan :.haJlnol be valid or enforceable or avai lable in
any ;lclion allaw. 'Whelher by way of complaint. defcnse, or An)' pro\\sion rendered nu ll und void by Ihe operaoon of this provision not inva lidale
Ihe rcmainuer of this contract. 10 Ihe cXlent capable of execution. 7. HINIJING AW:BITRATION I'ROHIIlITED. The State of Colorado dOl!s not agree 10 binu1I1j; arbitration by any eXIra-judicial
body or Any 10 the cont r;l ry in this contact or Incorpor:lIcd hcrdn hy reference :.hal l be null ;!nu void. 8. SOFT WARE I'IW:ACY I'W:OIIILUTION.
Gt)\'t!rnor 's Escculh c Order J) 002 110. Swte or other public payable under not be uSo!u for Ihe
or !11<1intenancc of compuler soflw;u-<, in violulion of federa l copyright laws or ,lpplicable licensing Contractor
hereby cenifies and that. during Ihe lerm of Ihis contract and any C0l11rOlC1or has and shall
mainlain in plOlce appropn:lIe systems and controls to prevent such improper usc of public funds. If the Stil le determines that Contractor is in viol:llion of this provision. Ihc Smlc
may ":'lercise any remedy avad:Jblc al law or in equity or under this COnlr:le1. includ ing. without limitation. immedi:lle terminalion of this contmct and any remedy with
f.:deral copyright laws or applicable licensing f .. IJ. El\IPLOY£E f"lNA NCIAL INTEW: EST/CONFLICT OF INTEREST . CRS §§2.1-18-201 ;1IIt! 2.1-50-507, The sign:llorio:\
aver thm to their kno" kdge. no employee of the State has personal or bendicialmtereM in the service or propeny described in this c011lrm:1. Contractor
has no inlere:.t sha ll nul acquire ;lnY inf('fest. di recI or ill{llrec t. thaI would conflict m ;Iny m:mner or lIcgree \\ Ilh Ih .. perfOn n;lnee of C(Jnt(;!!.:lor's
and ContraClor sludl nOI employ any person h;lving such known !!1lerests. 10. VENDOR OFFSET. CRS s§U-JO·202 (I) flIId U -10-l02A. (Not Apll licahle to i llfergm'emlll elllal agrl!t!IIIc/lfs/Subj(>n
1/1 CRS §14·30·101 . .J (1.5). IlJe SllIle COIII,.olfer mf/.\' wilil/Iold pfn·lI1elll ullder Ihr Srarl'·I "I!IIdol" oJJsel illfe,.n'pl dellts (lu'I!(l 10
S/(I/I' agrncirsJor: (a) 1II11'(li(/chi/fl slllW0rt (MillS flrclrifd SUPflort arre(l1"(//:es: (b) IIl1paid Imlelllcrs ClJIa.\". (lccl1le(1 illteresl. or speci)ie'"
ill eNS .HC)·21 · /01. 1.'1 seq.: (c) IIl1paid IOfllJS du£' Ie' lire o5/ll(l£'1I/wall Dirisioll oJlhl! Do:partmclIl oj Highrr Edllcmirm: (d) (1/I1011II1S I1011II1S I"t'quired 10 IJr
/Jai(/Ia IIJ(' UIlt.'lIIl'lol"m('1lI COlllpenSUli(l1l Flllld: mill (e) fllherullpaid dt'!J/s "II"ing 10 lilt., SliIIl' as (1 ,.e,·1111 nJJi/Jal (h'lerlllil1f11io/J
ol"jlldicifll aCliOI/. ll. PUIJUC CON TRACTS POR SERVICES. e RS !i8· /7.S·IOI. INol l l pp/ic(lble 10 agreemellls r e/(l/illJ; 10 Ihe oJJer , iss/tallce, or :stile oj securities, illl'eslmelll
adl'isory or JUlld 1II /IIIflgemclII sen 'iL"es, spol/sol"(>/I projects, ifl lcrgol"cmfllell f(llllgl"eCmClIls, or iIlJorlrllllio ll lec1w ologyst'n 'icl's or
/lrOOl/(·,s (llld /COlllmt·'ur cC'·'ijil's. II"(j""(IIJIS. (Illd agr('t'S lirm II does lIul kIlOl,ill}!ly {'/I/plny 0" CO/Jlmct wifh (111 illei;ul olirll who 1<"111
prlform lIude,·lhis COlllmet Wid \\·1/1 COIyirm 1111' I'lIIplOl"lI1t'lII eligibilify oj llll elllp/oyc'l's ,t"I/() </re Ilc'I<"II' hi,.edjiJ/· emp/or/ll1'11I 111 IIII'
Un/rell SimI'S IIIIIl'dorm I,'O,./,;, undr,. IhiJ colllmCI. IllffJIIgh parljeipll/j,m ill Ihr £.Verify Pmgl"lllll 01" II,e Dl"pm-lmC'1I1 pm}!IWIII'S llIbliJ/led pl/HII/l11t til CR.S
Cllllfl"(1ctllr shlll/llor Al1tJu·illg/l· l'II1IJI(lY (II" amlmet willi (III ille!:t1ll1/it'll II! IIrrforlll wor/.;. IIlldl'J" this ClI/llmCI
Oi" elll<'I" ;1110 (1 ,'O/llrIIrl wllh 1I ,(lIbr(l11lmctol" rhol JOils 10 c"'"(if:.· fV Colllm/'fol" IlwIIIII: $l/h("(II!Il"(In{J/" klllltl'jl1!:ly ('IIII,loy
/lI"CIIIUmelllil!J (Ill ilJeJ)lllllli<'1l tope,do"m .. ·o,.A IIl11lt'l" rlris 1·111111"(11"1, CmHI"l/("Iol" (a) sl1(III1101IlSI' E-Verijv Pr(!/-:/"{/III 01" Dt'I)(ll"llIIrllll)rogmm
jJnweI!JII"I!.r Iu IIIldl'l"/(Jli.t' pre-el11ploYIll"1I1 sr.,-eel/ill!: oJjol) fI{lplicwllf II'lIill' Ihis ("(JIIlrllef is bt'illg jJl·/fill"l/Il'd. (b) sholl 1I{)11lv Ihe .fubCOlI/mellJ/"
IIIJ(I Ihe e(l/urllcling SI,/II' (I,ltI'IIIT wilhill f/lrr,' (/IIYS ifCmurilclllr Ir(U (1("/11(11 bww/rd}!1' 111m a SII/JCoIllNlClol" is rlll/J/rJl'ill}! ol"cmrtl"llclillg lIilh 1II1
il/,'gal (lli" llft!1" work (/lid/!/" Ihis '·(lIlll"al"l. (c) sha!/'I,,.mil/(J/t' Ihe sl/brllllfmct if/I sllbnmlmCI/II"dUt,S 1/01 SlUp I'IlIplm·illg (I1"COlllrtll·'ill}! II ilh the iIIl'gal
IIlit'1I wil/lill Ih,.ee dllYs oj recril'illg !hr nOlieI.'. (l11f/(d) ,·'udl ,·mllp/y lI"illl ,.ells0I1lIble re(llIeSIS Ilw(ic ill Ihe co"rSI' rd'wt i,it'esligflli,m. /11ldl'I"lI1kt'll/)1Ir.w(II1/to
CRS 7.5 -102(5). lIy tllr C(liorado Dep(J/"f!llf'/ll ofl..lIbv1"t1Illl Emp!c'ymelll. IJColII{(/t'lo,.,ItJJ"lif'ipmes illlhe D('{lIlrll11('lIt prU}!I"(I11I, COlllmcfor II/flll
(/1'I;I·t'l" 10 Ihe f"l)/IIraclilJ}: Slale agrm.·.\'. inSlilW/OII of I-li.!!her Edual/ion ol"polilical SIIbdil"isiolJ (/)l'l"illl'l1. l1o/(/ri:ed (JJJim!tl/ioll. uJjirlllill8 Ilwt COIl/rlIf'I(,,·'uu
e.ramhlt'd Ihe ,,·ork SIU/tlS oj SI(("h emplm·er. (1I1(i sill/II (·(Imllll-lI'ilic ull oJlhr lIlill'r reqUi"I'IIrI'IlIS oflhe Dc'purlmenl pm}!rflln. If ClJlllwnfl/·ftdls
10 "ol11plv Irllir allY reqllirell1CllIlIJlhis pr(lI'ision 01" CNS 1$8·17.5·/011.'1 s<'{J .. lite COIIIHU·till}! Slall' 1I}!I'flC.\". iIlS/ill/fIUI! oJhi}:/Jaedllcmi(JII (/I"jlo/ili("fll
slI/,,/il'iS/UI1II111.1 fermilWl1' Ihis ("(!/Ilmel for i"·l'adl IIIld. if so 1('I"IIIiIWICd. COl/fmCW,. sll/lll b(' /iaMe Jor t/lIflluges. 12. I' u nuc CO NTRACTS \\'1'1'11 NATURA L
I'ERSONS, CW:S *24-76.5-1 01. COI1I(;!ctor. if O! natural eighteen ye:m. ofuge OJ" older. hereby swears and arfinm unuer penalty of perjury thm he or she (a)
is a citizen or otherwise lawfully presel11 in the Uniteu St:Jles pursualllt(l fcdc lallaw, (b l shall comply with the provisions ofCRS I et seq .. and (e) has
produccd one form ofidenlifical!on required by CRS §24-76.5-103 prior to thc cffectivc datc oflhis cOlllract. Revised 1-1-09 Page 18 of 19
SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED TI-I1S CONTRACT LOCAL AGENCY: CITY OF WHEAT RIDGE Legal Name of Contracting Entity 2000099 CDOT Vendor Number Signature of Authorized
Ofticcr STATE OF COLORADO: BILL RITTER, JR., GOVERNOR ___________ __ Executive Director Department of Transportation LEGAL REVIEW: JOHN W. SUTHERS ATTORNEY GENERAL By
______________________ _ Print Name & Title of Authorized Off1cer LOCAL AGENCIES: (A Local Agency attestation is required.) A \test (Sea I) B y,-------:-=:---c:::------=:--:----------(Town/City/Count
y Clerk) (Place Lo(.'al Agency seal here, ir ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Contro ll er approve
all state contracts. This contract is not va lid until the State Controller, or such ass istant as he may delegate, has signed it. The contractor is not authori zed to begin performance
until the contract is s igned and dated below. If performance begins prior to the date date be low, the State of Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER: DAVID J. MCDERMOTT, CPA By: __________________ __ Date: ___________________ _ Page 19 of 19
Scope of Work STE 12 11 -077 ( 18096) Exhibit A This multi -modal project cons ists of constructing a new 10 foot wide concrete multi -use trail along th e east s ide of SH 12 1/Wadsworth
Boul evard from 26'" Avenue to 29'" Avenuc and then al ong the west side of SH 121 from 29'" Avenue to 32"d Avenue. The ex isting traffic signal with pedestrian enhancements will be
used at 29'" Ave nue to cross SH 12 1. This tra il will also provide multi -modal access to City Hall. Major construction items include removal of ex isting landscaping, mostly lawn
and large trees, replaceme nt of the removed trees, construction of a new 10 foo t wide concrete trai I and modul ar block retaining walls a long the porti on near Ci ty Hall and insta
ll ation of bcnches. trash receptacl es, and pedestrian lighting along the route. Page I of I
LOCAL AGENCY ORDINANCE or RESOLUTION Exhibit B
EXHIBIT C FUNDING PROVISIONS STE 1211-077 (18096) A. The Local Agency has estimated the total cost the Work to be $780.000.00 whi ch is to be funded as fo llows, '. 1 BUDGETED FUNDS
--a. Federal Funds (FY 11 Enhancement @80%) $624,000.00 b. Local Agency Matching Funds (FY 11 Enhancement @20%) $156,000.00 ... Local Agency Matching lor CDOT . Incurred Non· c. Participating
Costs $0.00 (Including Non·Participating Indirects) TOTAL BUDGETED FUNDS $780,000.00 2 ESTIMATED CDOT-INCURRED COSTS a. Federal Share $0.00 (80% 01 Participating Costs) b. Local Share
Local Agency Share of Participating Costs $0.00 Non·Participating Costs (Including Non·Participating Indirects) $0.00 Estimated to be Billed to Local Agency $0.00 TOTAL ESTIMATED CDOT·INCURRED
COSTS $0.00 3 ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted (1 a) $61,839.00 b. Less Estimated Federal Share 01 CDOT·lncurred Costs (2a) $0.00 TOTAL ESTIMATED PAYMENT TO
LOCAL AGENCY $61,839.00 FOR CDOT ENCUMBRANCE PURPOSES NOTE: Only design funds are currently available. Construction funds will be added by Option Letter or formal amendment after federal
authorization of the construction phase. Total Encumbrance Amount $77,298.00 Less ROW Acquisition 311 1 and/or ROW Relocation 3109 $0.00 Net to be encumbered as lollows: $77,298.00 WBS
Element 18096.10.30 Desiqn 3020 $77 298.00 WBS Element 18096.20.10 Canst 3301 $0.00 Exhibit C -Page I of 2 SA 18096
B. The matchi ng rat io for the federa l participating funds for th is project is 80% federa l-aid funds (CFDA #20 2050) to 20% Local Agency funds. it being understood that such ratio
applies o nly to the $780.000.00 that is e li gible for federa l partic ipat io n. it bei ng further understood th at all no n-participating costs are borne by the Local Agency at 100%.
If the tota l partic ipat ing cost of performance of the Work exceeds $780.000.00, and add itional fede ra l funds are made avail a ble for th e project, the Local Agency shall pay 20%
of all such costs eli gib le for federa l part icipat ion and 100% of all non-parti ci pati ng costs; if additional federal funds a re not made ava ilable, the local agency shall pay
all such excess costs. If the total participat ing cost of pe rform ance of the Work is less th an $780,000.00. then the amounts of Local Agency and federa l-a id funds will be decreased
in accorda nce with the fund ing rmio described he rein. The perfo rmance of the Work shall be at at no cost to the State. C. The maximum amount payab le to the Loca l Agency under this
contract shall be $6 1.839.00 (For COOT accounting purposes. the fede ral funds of $6 1.839.00 and local match ing funds of $ 15,459.00 will be encumbered for a tota l encumbrance of
$77,298.00), unless such amoun t is inc reased by an appropri ate wri tten modificati on to thi s contract executed before any increased cost is inc urred . Ollly $77,298.00 ill Design
FUllds are currently authorized. COllstructionjillld,' are currently 1I0t available. COll structiollfundillg will be added after Federal Authorizatioll, either by forlllal amelldmellt
or Optioll Leiter. It is understood and agreed by the pa rties hereto that the total cost o f the Wo rk stated he rei nbefore is the best estimate avail able. based on the design data
as approved at the time of executi on of this contract, and that such cost is subj ect to rev is io ns (in accord with the procedure in the previous sentence) agreeable to the parties
pri or to bid and award. D. T he pa rties he reto agree th at this contract is contingent upon all fu nds designated for the proj ect he rein being made avail able fro m federal and/or
state and/or Local Agency so urces, as applicable. Should these sources, eithe r fede ral o r Local Agency, fa il to prov ide necessary funds as agreed upo n herein. the contract may
be terminated by either party, prov ided that any party termi nating its inte rest and obligati o ns he rein sha ll not be re lieved of any o bi igat io ns wh ich ex isted prio r to
th e e ffect ive date of slich termi nat ion or whi ch may occ ur as a resul t o f suc h termin ation. Exhi bit C -Page 2 of 2 SA 18096
Exhibit D Certitication for Federal-Aid Contracts The contractor certifi es, by s ign ing this contract, to the best of its knowledge and belief, that: I. No Federal appropriated funds
have been paid or wi ll be paid, by or on behalf or the undersigned, to any person for influenc ing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the ente ring in to of any cooperative agreement.
and the ex tension, continuation, renewal, amendment, or modification of allY Federal contract, grant, loan, or cooperati ve agreement. 2. If any fund s 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 unders igned shall complete and submit Standard Fonn-LLL. "Disclosure Form to Repol1 Lobbying," in accordance with its instnlct
ions. This certifi cati on is a material representation of fact upon whi ch re liance was placed whcn this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transacti on imposed by Section 1352, Title 3 1, u.S. Code. Any person who fails to file the req uired certifi cation shall be subject to
a civil penalty of not less than $ 10,000 and not more than $ 100,000 for each such failure. The prospective participant also agree by submitting his or her bid or proposal that he or
she shall req uire that the language of this certification be included in all lower tier subcontracts, which exceed $ 100,000 and that all such sub-rec ipients shall certi fy and di
sclose accordingly. Required by 23 CFR 635.112 Exhibit D -Page I of I
Exhibit E DISADVANTAGED BUSINESS ENTERPRISE (DBE) SECTION I. Poli cy. It is the policy of the Colorado Department of Transportation (CDOT) that di sadvantaged busi ness enterprises shall
have the maximum opportunity to partic ipate in the pe rfo rmance of contracts financed in whole or in part with Federal funds under this agreement. pursuant to 49 CFR Pa.1 23. Consequently,
the 49 CFR Part IE DBE requirements the Colorado Department of Transportation DBE Program (or a Local Agency DBE Program approved in advance by the State) apply to this agreement. SECTION
2. DBE Obli gation. The recipient or its contractor agrees to ensure that di sadvantaged business enterprises as determined by the Office of Certification at the Colorado Department
of Regulatory Agencies have the maximum opportunity to pa.1icipate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this
agreement. In this regard, all participants or contractors shall take all necessary and reasonable steps in accordance with the CDOT DBE program (or a Local Agency DBE Program approved
in advance by the State) to e nsure that disad va ntaged busi ness enterprises have the maximum opportunity to compete for and perform contracts. Recipi ents and their contractors shali
llot discriminate on the basis or race, color, national origin. or sex in the award and performance of CDOT assisted contracts. SECTION 3 DEE Program. The contractor (subrecipient) shall
be rcsponsible for obtaining the Di sadvantaged Bus iness Enterprise Program of the Colorado Department of Transpo'1a1ion. 1988, as and shall comply with the applicable
provisions of the program. (If applicable). A copy of the DEE Program is available from and will be mailed to the contractor upon request: Bus iness Programs Office Colorado Department
of Transportation 420 I East Arkansas Avenue, Room 287 Denver, Colorado 80222-3400 Phone: (303) 757-9234 rev ised 1/22/98 Required by CFR Pari 23.4 t Exhibit E -Page I of I
Exhi bit F SAMPLE IGA OPTION LETTER NOTE: This option is limited to the specific contract scenarios listed below and cannot be used in place of exercising a formal amendment. Exhibit
F Date: State Fiscal Year: Option Letter No. CUN Routing # Vendorname: __________________________________________ __ A, SUBJECT: (Choose applicable options listed below AND in section
B and delete the rest) 1. Option to renew (for an additional term) applies to Highway and Signal maintenance contracts ONLY; this renewal cannot be used to make any change 10 the original
scope of work; 2. Level of service change within current term due to an unexpected Local overmatch on an overbid situation ONLY; 3. Option to add phasing to include Design, Construction,
Environmental, Utilities, ROW incidentals or Miscellaneous ONLY (does not apply to Acquisition/Relocation or Railroads); 4. Option to update funding (a new Exhibit C must be attached
wilh the option letter and shall be labeled C-l (future changes for this option shall be labeled as follows : C-2, C-3, C-4, etc.) B. REQUIRED PROVISIONS. All Option Letters shall conlain
the appropriate provisions sel forth below: (Insert the following language for use with Options #1): In accordance with Paragraph(s) _________ of contract routing number (insert FY,
Agency code, & CUN routing #l, between the State of Colorado, Department of Transportation, and (insert contractor's name) the state hereby exercises the option for an additional term
of (insert performance period here) at a cost/price specified in Paragraph/Section/Provision of the original contract, AND/OR an increase in the amount of goods/services at the same
raters) as specified in Paragraph of the original contract. (Insert the following language for use with Option #2): In accordance with the terms of the original contract (insert FY,
Agency code & CUN routing #) between the State of Colorado, Department of Transportalion and (insert contractor's name here), Ihe State hereby exercises the option to record a level
of service change due to unexpected overmatch dollars due to an overbid situation. The contract is now increased by (indicate additional dollars here) specified in Paragraph/Section/Provision
_______________ of the original contract. (insert the following language for use with Option #3): In accordance with the terms of the original contract (insert FY, Agency code & CUN
routing #) between the State of Colorado, Department of Transportation and (insert contractor's name here), the State hereby exercises the option to add an overlapping phase in (indicate
Fiscal Year here) that wi ll include (describe which phase will be added and include all that apply -Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous).
Total funds for this contract remain the same (indicate total dollars here) as referenced in Paragraph/Seclion/Provision/Exhibit _______________ ,of the original contract. (Insert the
following language for use with Option #4): In accordance with the terms of the original contract (insert FY, Agency code & CUN routing #) between the State of Colorado, Department of
Transportation and (insert contractor's name here), Ihe State hereby exercises the option to update funding based on changes from state, federal, local match and/or local agency overmatch
funds, The contract is now (select one: increased and/or decreased) by (insert do/lars here) specified in Paragraph/-Section/-Provision/Exhibit of the original contract. Exhibit F -Page
I of2
Exhibit F A new Exhibit C-1 is made part of the original contract and replaces Exhibit C. (The following is a NOTE only so please delete when using this option: future changes for this
option for Exhibit C shall be labeled as follows: C-2, C-3, C-4, etc.) (The following language must be included on all options): The amount of the current Fiscal Year contract value
is (increased/decreased) by ($ amount of change) to a new contract value of ($ ) to satisfy services/goods ordered under the contract for the current fiscal year (indicate Fiscal Year).
The first sentence in Paragraph/Section/Provision is hereby modified accordingly. The total contract value to include all previous amendments, option letters, etc. is ($ ______ ). The
effective date of this Option Letter is upon approval of the State Controller or delegate, whichever is later. APPROVALS: For the Contractor: Legal Name of Contractor By:
Print Name of Authorized Individual Signature: ________ _________ _ Date: Title: Official Ti tle of Authorized
Individual State of Colorado: Bill Ritter, Jr., Governor By: __________________ Date: ______ _ Executive Director, Colorado Department of Transportation ALL CONTRACTS MUST BE APPROVED
BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or
delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for
such performance or for any goods and/or services provided hereunder. Issuance date: July 1, 2008 Updated: June 12. 2008 State Controller David J. McDermott, CPA By: ___________ _ Date:
____________ _ Exhibit F -Page 2 of 2
LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST The following checklist has been developed to ensure that all required aspects of a project approved for Federal funding have been addressed
and a responsible party assigned for each task . After a project has been approved for Federal funding in the Statewide Transportation Improvement Program, the Colorado Department of
Transportation (COOT) Project Manager, Local Agency project manager, and CDOT Resident Engineer prepare the checklist. It becomes a part of the contractual agreement between the Loca
l Agency and COOT. The COOT Agreements Unit will not process a Local Agency agreement without this completed checklist. It will be reviewed at the Final Office Review meeting to ensure
that all parties remain in agreement as to who is responsible for performing individual tasks. xvi Exhibit G -Page I of 5 Exhihit G
COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST PrOject No STiP No Project Code Region STE 121-077 SOR7078 18096 6 Project locatIOn I Date SH 121
(Wadsv.orth Blvd 1 26th Avenue to 32nd Avenue 0812612010 Project Description Design and BUild Local Agency local Agency ProjeCt Manager Mark Westbero COOT ReSiden!
Engineer COOT Project Manager Roy Guevara Tamara Hunter ·Maurer INSTRUCTIONS: This checklist shall be utlilzed to establish the contract administration responSlbtHttesof the Indwidual
parties to this agreement The checklts! becomes an attachment to the local Agency agreement. Section numbers correspond to the apphcable chapters of the CDQr Local Agency Manual The
checkhst shalf be prepared by placing an ''X'' under the responsible party, oPPOsite each of the tasks. The ·X" denotes the party responsible for Initiating and executing the task. Only
one responsible party shoukl be selected \!\-hen COOT nor the Local Agency is responsible for a task, not applicable (NA) shall be noted. In a "#" >Mil
denote that COOT must concur or approve, Tasks that WIll be performed by Headquarters staff wilt be indicated The Regions, In accordance with established policies and procedures, will
determine who 'Mil perform all other tasks that are the responsibility of COOT The checklist shall be prepared by the COOT Resident Engineer or the COOT Project Manager, in cooperation
with the Local Agency Project Manager, and submtted 10 the RegIOn Program Engineer If contract adrrinistralion change, the COOT Resident Engineer, in
cooperation with the Local Agency Project Manager, will prepare and distribute a revised checklist RESPONSIBLE NO, OESCRIPTION OF TASK PARTY LA COOT TIP I STIP AND LONG-RANGE PLANS 21
I Review Pro'ect to ensure It IS conSist wth STIP and amendments thereto X FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4.1 Authorize funding by phases (COOT Fam 418 -Federal-aid Program
Data. Requ r es FHWA X cCXlcurrencefinvolvement) PROJECT DEVELOPMENT 51 Preoare Desian Data -COOT Form 463 X 52 Prepare Local Agency/COOT Inter-Governmental Aareement see also Cha ter
3 X 53 Conduct Consultant Selection/Execute Consultant Agreement n. 54 Conduct Design Seoping Review Meeting X 55 Conduct Public Involvement X 56 Conduct Field Insoedton Review FIR X
57 Conduct EnVIronmental Processes (ma r uire FHWA cCXlcurrencefinvolvement) X 5,8 Acquire Right-of-Way (may require FHWAconcurreilcefinvolvemenl) X 59 Obtain Utility and Railroad Agreements
X 510 Conduct Final Office Review FOR) X 511 Justify Force Account Work bV the Local Agency X 512 Justity Pro rietary, Sole Source, or local A encv Furnished Items X 5.13 Document Design
Exceptions -COOT Form 464 X 514 Prepare Plans, Specifications and Construction Cost Estimates X 515 Ensure Authoriza\ton of Funds for Construction X CDOTForm 1243 09106 Page1 014 Previous
editions are obsolete and may not be used Exhibit G -Page 2 of 5 Exhibit G
RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE 61 Set Underutilized Disadvantaged Business Enterprise (UBDE) Goals for Consuttant
and X Construction Contracts (COOT Re 100 EEOlCiVlI Rights sPecialist) 62 Determine Applicability of Davis-Bacon Act X This project 0 is IS not exempt from DavIs-Bacon requirements
as determned by the functional classificatIOn of the project location (ProjeCts beated 00 local roads and rural minor collectors may be exempt) Ro:tGuevara 0812712010 COOT Resident EnQmeer
{Si nature on File Date 63 Set On-the-Job Training Goals. Goal is zero if total construction is less than $1 million (COOT Region EEO!Civil X 6.' Hie
VI Assurances X Ensure the correct Federal Wage Decision, alt required Disadvantaged Business Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included in the
Contract (COOT Resident Engineer) X ADVERTISE, BID AND AWARD 71 Obtain Approval for Advertisement Period of Less Than Three Weeks X 72 Advertise for Bids X 73 Distribute ' Advertisement
Sef of Plans and Specifications X 7. ReviewWorksite and Pian Details with Prospective Bidders vVtllle Project Is Under X AdvertISement 75 Open Bids X 76 Process Bids for Compliance Check
COOT Form 715 -Certificate of Proposed Underutllized DBE Participation when the low bidder meets UDBE aoals X Evaluate COOT Form 718· Underutillzed DBE Good Faith Effort DocumentatIOn
and determine If the Contractor has made a good faith effort v.tlen the low bidder does not meet X DBE goals required documentation for COOT award concurrence X 77 Concurrence
from COOT to Award X 78 Approve Re ection of Low Bidder X 79 Award Contract X 710 Provide "Award" and "Record" Sets of Plans and Specifications X CONSTRUCTION MANAGEMENT 8.1 Issue Notice
to Proceed to the Contractor I X I 8.2 Pro' ect Safety I I X 83 Conduct Conferences: Pre-Construction Conference fAwendix B) X .Pre -survey . Construction staking X Monumentation X Partnering
(Optiooal) X Structural Concrete Pre-Pour (Agenda is in COOT Construction X Concrete Pavement Pre-PavinQ (Agenda is In COOTConstruc/ioo ManuaO X HMA Pre-Pavina (Aoenda
is in COOT ConstructIOn ManuaO X 8 ' Develop and distribute Public Notice of Planned Construction to media and local residents X 8.5 Superv;se Construction A Professional Engineer (PE)
registered in Colorado, WlO Will be "in responsible charge of construction supervision.' Mark Westberg 3032352863 Local Agency Professional Engineer or Phone number X COOT Resident Engineer
COOT Form 1243 09/06 Page2 of 4 Previous editions are obsolete and may nol be used Ex hi bit G -Page 3 of 5 Exhibit G
RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA COOT Provide cotTlletent, expenenced who 'Mil ensure the Contract 'M:lrk IS constructed In accordance WIth the plans and soecWicatlOns
X x Construction inspection and documentation X x 86 Approve Shop Dra>Mrlgs X x 8.7 Perform Traffic Controllnsoections X 88 Perform Construction SUIVe ina X 89 Monument Rlght-ol-Way
X 810 Prepare and Approve Interim and Final Contractor Pay Estnnates X Provide the name and phone number of the person authOrized for this task. Mark Westberg
Local Aoencv Representative Phone number 811 Prepare and Approve Interim and Final Utili and Railroad Billin s X 812 Prepare Local Agency Reimbursement Requests X 813 Prepare and Authorize
Change Orders X 8.14 Approve All Chanoe Orders X 8.15 tv'Jonitor Project Financial Status X 816 Pre are and Submit Monthl Pr ress
Reports X 817 Resolve Contractor Claims and Dis utes X 8.18 Conduct Routine and Random Project Reviews Provide the name and phone number of the person responsible for thiS task. X �
� 303.512.4105 COOT Resident EnQlneer Phone number MATERIALS 91 9.2 9.3 94 9.5 9.6 9.7 98 9.9 9.10 Conduct Materials Pre-Construction MeetinQ X Complete COOT Form 250 -Materials
Documentation Record • Generate form, oMich includes determining the minimum number of required lests and X applicable malenal submittals for all materials placed on the project · Update
the form as 'NOrk progresses X • Complete and distribute form after 'M)rk IS completed X Perform Pro·eet Acceptance Samples and Tests X Perform laboratory Verification Tests X Accept
Manufactured Products X Inspection of structural components: · FabrICation of structural steel and pre-stressed concrete structural components X • Bridge rrodular expansion devices (0"
to 6" or greater) X · Fabrication of beaflnQ devices X Approve Sources of Materials X Independent Assurance Testing (tAT), Local Agency Procedures U COOT Procedures • Generate IAT
schedule X · :SChedule and provide notdication X · Conduct IAT X Approve mix deslSns · Concrete X · Hot mix asphalt X Check Final Materials Documentation X Com lete and Distribute Final
Materials Documentation X COOT FOf"m 124l 09106 Pagel of 4 Previous editions are obsolete and may not be used Exhi bit G -Page 4 of 5 Exhibit G
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE 10.1 Fulfill Prolect Bulletin Board and Pre-Construction Packet Requirerrents X 102 Process COOT Form 205 -Sublet Permit Application Review
and sign completed COOT Form 205 for each subcontractor, and submrt to X EEOICivil Rklhls Soeciallst 103 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee
X fnlervie\o','S Complete COOT Form 280 10 4 MOnitor Disadvantaged Busmess Enterprise Participation to Ensure Compliance with the X "Commerclallv Useful Function" ReQuirements 105 Cooduct
InteNle'v'tS VVhen Project Utilizes On-the-Job Trainees. Complete COOT Form 200-X OJT Tr31nll)9 Questionnaire 10.6 Check Certified Payrolls (Conlad the Regioo EEOIClVil Rights f
a-training requirements) X 107 Submrt FHWA Form 1391 . HiQh'MIV Construction Contractor's Annual EEO Report X FINALS 11.1 112 113 11.4 11 .5 11 6 117 11 8 11.9 11 10 11.11 11 .12 11
.13 11 14 Conduct Final Project InspectIOn Complete and submit COOT Form 1212 -Final Acceptance Report (ReSident Engineer with mandata)' Local Agencyparticlpallon) vVnte Final Proect
Acceptance Letter Advertise for Final Settlement Prepare and Distribute Final As-Constructed Plans PreDare EEO Certification Check Final Quantities, Plans, and Pay EstilTEte, Check Project
Documentation; and submit Final Certifications Check Material DocumentatIOn and Accept Final Material CertifICation See Chapter 9 Obtain COOT Form 17 from the Contractor and Submit to
the ReSident Engineer Obtain FHWA Form 47 -Staterrent of Materia ls and Labor Used from the Contractor Comolete and Submt COOT Form 1212 -Final AcceDtance Reoort (by COOT Process Final
Payment Complete and Submit COOT Form 950 -Project Closure Retain Proiect Records for Six Years from Date of Pro ecl Closure Retain Final Version of Local Ao.encv Contract AdmlllistratlOn
Checklist cc COOT ReSident EngineeriProJect Manager COOT RegIOn Program Engilleer COOT RegIOn EEO/Civil Rights Specialist COOT Region Materials Engineer COOT Contracts and Market AnalySIS
Branch Local Agency Project Manager X X X X X X X X X X X X X X COOT Form 1243 DS/D6 Pag94 of 4 Previous editions are obsolete and may not be used Exhibit G -Page 5 of 5 Exhibit G
Exhibit H THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL·AID PROJECT AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES TiLle 23 Code of Federal Regulations (CFR) 172
applies to a federally funded local <lgcncy project agreement administered by COOT that involves professional consultant se rvices. 23 CFR 172.1 s tales 'Ihe and
j nvolve federally funded for engineering and design related services for projects subjcci LO the provisions 01'23 U.S.c. I 12(a) and
are issued to ensure that a qual i lied cOlls ulialll is obtainc,d through an equitable se lec tion procc!)s. that prescribed work is prope rly accomplished ill a timely manner. and
at fair and reasonable cost" and according to 23 CFR 172.5 "Price shall not be used as a faclor in the analysis and se lection phase." There fore, local agenc ies must comply with these
CPR requirements when obtaining consultant !'erviccs under a fede rally funded funded consultant contract admini stered by CDOT. COOT has rormulated its procedures
in Procedural Directi ve (P.O.) 400.1 and the re lated operations guidebook titled "Obtaini ng Profess ional Consultant Services". This direct ive and guidebook incorporate requirements
from both Federal and State regulations, i.e., 23 CFR 172 and Colorado Revised Statute (CR.S.) 24-30-1401 el seq. Copies of lhc directive and the guidebook may be obtained upon request
from COOT's Agreements and Consultant Management Unit. I Local agenc ies should have their own wri tten procedures on fi Ie for each method of procurement that acldressct-. the items
ill 23 CFR I72J. Because the procedures and laws described in the Procedural Direc ti ve and the guidebook arc qui te lengthy. the subsequent steps serve as a short -hand guide to COOT
procedures thaI a local agency must follow in obtaining professional consultant services. Thi s guidance follows the format of 23 CPR 172. The s te ps arc: I. The contracting local agency
shall document the need for Obtaining professioniil services. 2. Prior to soli c itation for consultant services, the contracting local agency shall deve lop a detailed scope of work
and <l li st o f eV<llu<ltion factors and the ir re lati ve impol1ance. The evaluation fac tors are those identilicd in C R.S. 24-30-1403. Also, a dcwiled cost estimate should be prepared
for usc during negotiations. 3. The contracling agency must ad verti se for contracts in conformity with the o f C R.S. 24-30-1405. The public notice
period, when such notice is required, is a minimulll or 15 days prior to the selection o f the three 1110St qualified firms and the ad verti sing should be done in one o r more daily
newspapers of general c irculation. 4. The request for consultant services should include the scope of work , the evaluation fac tors and the ir relative importance, the method ofpaYlllenl.
and lhe goal often pe rcell I ( 10%) for Disadvantaged Business Enterprise (DBE) participation as a minimum minimum for the projecL 5. The analysis and selection of the consultants should
be done in accordance with C R.S. 2-1.-30-1403. This o f the regulati on idcnli lies the cri teria to be used in the evaluation of COOT pre-qualified prime consultants
and their terlm. It also shows which c riteria are used to short-li st and to make a final selec tion. The short -li st is based a ll the following evaluation factors: a. Qualilications,
b. Approach to the project. c. Ability to furni sh pro fess ional se rvices. d. Alll ic ipalcd design concepts. and c. Alt ernative melhods o f approach for furni shing the professional
services. Evaluation fac tors for final se lection arc the cons ultant's: 3. Abil ities or the ir pe rsonnel , b. Past perrormance, Exhibit H -Page 1 of 2
c. to meet the lime and budget requirement. t1. Location. c. Current and projecled work load. r. Volume of previo usly awarded COlllracts. and g. Involveme nt
o f minority consulla nts. Exhibit l-I 6. Once a consultant is selected. the local agency enters into negotiations with the consu ltant to obtain a fair and reasonable price for the
anticipated work. Pre-negotiation audits arc prepared for contracts expected to be grea ter than $50,000. Federal reimbursement for costs arc limited to those costs allowable under the
cost principles of 48 CFR 3 1. Fixed fees (profit) arc determined with considera tion given to siLeo complexi ty, dUnllion. and degree of ri sk involved in the work. Profit is inlhc
range o f six (6) 10 fifteen (15) percent or lhe tolal dirt::cl and indirect COSIS. 7. A qual i lied loca l agency employee be responsible and in Charge of the project 10
ensure that tht:: work being pursued is comple te. accurate. and consistent with tht:: terms. conditions. and speci fi cations o f the conlract. Atlhc ent! of project, the local agency
prepares a performunce evaluation (a COOT form is available) on the consulta nL. 8. Each or the steps listed above is 10 be documented in accorciance with the provisions of 49 CFR 18.42,
which provide for records to be kepI al least three (3) years from the date that the local agency submits its final expenditure report. Record:> of projects unclt::r litigation i:>hall
be kept at lea::.lthrce (3) years artcr the case has been settled. The C.R.S. 24-30-1401 through 24-30-1-\.08. 23 CFR Part 172. and P.O. 400.1, provide additional details for complying
with the eight (8) s teps just discus!:>ed. Exhibit H -Page 2 of 2
Exhibit I FHWA· 1273 ElectrOniC version -March 10. ! 994 FHWA Form 1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General .. 1 II. Nondiscrimination.. 1 III.
Nonsegregated Facilities. 3 IV. Payment of Predetermined Minimum Wage 3 V. Statements and Payrolls.. .. ... ...... .......... 6 VI. Record of Materials, Supplies, and Labor.. 6 VII.
Subletting or Assigning the Contract. 7 VIII. Safely: Accident Prevention.. 7 IX. False Statements Concerning Highway Projects. 7 X. Implementation of Clean Air Act and Federal Water
Pollution Control Act . 8 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion . 8 XII. Certification Regarding Use of Contract Funds for Lobbying..
9 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. These contract provisions shall apply to all work performed on
the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework,
station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all 01 the stipulations contained in these Required
Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provi sions shall not be incorporated
by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach
of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required
Contract Provisions may also be grounds for debarment as provided in 29 CFA 5.12: Section l. paragraph 2; Section IV, paragraphs 1,2,3, 4, and 7; Section V, paragraphs 1 and 2a through
2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general
disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFA 5, 6, and 7. Disputes
within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's or
their representatives. 6. Selection of Labor: During the performance of this contract. the contractor shall not: a. discriminate against labor from any other State, possession, or territory
of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the
limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal-aid construction
contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative
action to assure equal opportunity as setforfh under laws, executive orders, rules, regulations (28 CFA 35, 29 CFA 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified
by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities
under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabitities Act of 1990 (42 U.S.C. 12101
mgm.) set forth under 28 CFA 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following
minimum specific specific requirement activities of EEO; a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and
in their review of hislher activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that
applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include:
employment, upgrading, demotion, or transfer; recru!tment or recruitment advertising; layoff or termination; rates of payor other forms 01 compensation ; and selection for training,
including apprenticeship, preapprenticeship. andlor on-the-job training ." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer
who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and
responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such
action, or who are substantially involved in such action, will be made fully cognizant Ex hibit 1-Page l or9
of, and will Implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement
will be met. the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then
not less often than once every six months, at which time the contractor's EEO policy and ils implementation will be reviewed and explained. The meetings will be conducted by the EEO
Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations
within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer
in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readity accessible
to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees
by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees
the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project
work lorce would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitmentlhrough public and private employee
referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish
with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance
with EEO contract provisions. (The DOL has held that where implementation 01 such agreements have the effect of discriminating against minorities or women, or obligates the contractor
to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment.
tnformation and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits
shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without
regard to race, color, religion, sex, national origin, age or disability. The following procedures shalt be followed : a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities do not indicate discriminatory treatment 01 project site personnel. b. The contractor will periodically evaluate the spread
of wages paid within each classification to determine any evidence of Exhihit T discriminatory wage practices. c. The contractor will periodically review selected personnel actions in
depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination
may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints 01 alleged discrimination
made to the contractor 10 connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a. reasonable
time. Jf the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of
each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and
increaSing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal
and State regulations, the contractor shall make lull use of training programs, Le., apprenticeship, and on-the-job training programs for the geographical area of contract performance.
Where feasible, 25 percent of apprentices or tralOees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is
provided under this contract. this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available
tralOlOg programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage
eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her
best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and
female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will
use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing
the skills of minority group employees and women so that they may quatify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each
union agreement to the end that such union will be contractually bound to reler applicants without regard to their race, color, religion, sex, national origin, age or disability. c.
The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made
to obtain such information. d. In the event the union is unable to provide the contractor Exhibit 1-Page 2 of 9 REQUIRED BY 23 CFR 633 . 102
with a reasonable flow of mmority and women referrals within the time limit set forth in the collective bargammg agreement, the contractor wilt, through independent recruitment efforts,
fill the employment vacancies without regard 10 race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group
persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed
to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended. and these special
provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and leasing of Equipment: The contractor shall not discriminate
on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention 01 subcontractors, including procurement of materials and leases 01 equipment.
a. The contractor shall notify all potential subcontractors and suppliers 01 his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49
CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this con tract. The contractor will use his besl efforts 10
solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of
DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports: The contractor
shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract
work and shall be avaitable at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document
the following: (1) The number of minority and non-minority group members and women employed in each work classification on Ihe project; (2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment opportuni· ties for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and
upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and lemale
representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women,
and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391 . If on-the job training
is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable 10 all Federal-aid construction
contracts and to all Exhi bit I related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, cr the consummation of this matenal
supply agreement or purchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier. or vendor, as appropriate, certifies that the firm
does not maintain or provide for its employees any segregated facilities at any of Its establishments. and that the firm does not permit its employees to perform their services at any
location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The
firm further certifies that no employee will be denied access to adequate facHities on the basis of sex or disability. b. As used in this certification, the term "segregated m
eans any waiting rooms, work areas, restrooms and washrooms. restaurants and other eating areas, timeclocks.locker rooms, and other storage or dressing areas, parking lOIS, drinking
fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on
the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or othelWise. The only exception will be for the disabled when the demands lor
accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers
prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED
MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads
or rural minor collectors, which are exempt.) 1. General: a. AU mechanics and laborers employed or working upon Ihe site of the work wilt be paid unconditionally and not less often than
once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under
the Copeland Act (40 U.S.C. 276c)J the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage
rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless
of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional
classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all limes by the contractor and its subcontractors
at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated
for bona fide fringe benefits under Section 1 (b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers
or mechanics are considered wages paid to such laborers or mechanics, subject to the provi sions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions
made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively
made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage Exhibit I -Page 3 of 9 REQUIRED BY 23
eFR 633 . 102
determination for the cfassi flcation of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section fV. b. Laborers or mechanics performing
work in more than one classification may be compensated at the rate specified for each cfassification for the time actually worked therein, provided, that the employer's payroll records
accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFA
1,3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any cfass of laborers or mechanics employed under
the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional cfassification,
wage rate and fringe benefits only when the following criteria have been met: (1) the the work to be performed by the additional classification requested is not performed by a classification
in the wage determination ; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, incfuding any bona fide fringe benefits,
bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a cfassification prevails in the area in which the work
is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional cfassification or their representatives,
and the contracting officer agree on the classification and wage rate (incfuding the amount designated for fringe benefits where appropriate), a report of the action laken shall be sent
by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 3D-day period that additional time is necessary. d. In the evenlthe contractor or subcontractors, as appropriate, the laborers or mechanics to be employed
in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for
fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer,
to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 3D-day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant
to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification.
3. Payment of Fringe Benefits: Exhibit' a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed
as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or
an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of
the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor
has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside
in a separate account assets lor the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices
will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship
program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if
a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who
has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible lor probationary employment as an apprentice. (2)
The allowable ratio 01 apprentices to journeymanlevel employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the
entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid
not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site
in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a
contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages
of the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices
must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that
a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship
and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the the contractor or subcontractor will no longer be permitted
to utilize apprentices at less than the applicable predetermined rate for the Exhibit I -Page 4 of 9 REQUIRED BY 23 eFR 633.102
comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees witt not be permitted to work at
less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by
formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under
the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved
by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition,
any trainee performing work on the job site in excess 01 the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination
for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of
the journeyman-level hourfy rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the
trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full
fringe benefi ts for apprentices, in which case such trainees shall receive the same fringe benefi ts as apprentices. (4) In the event the Employment and Training Administration withdraws
approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed
until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination
or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition,
shall be paid not less than the applicable wage rate on the wage determination for the classi fication of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federataid
highway construction programs are not subject to the requirements of paragraph 4 of this Section tV. The straight time hourly wage rates for apprentices and trainees under such programs
will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding
: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this
Exhi bit I contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is
held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers,
employed by the contractor or any subcontractor the futl amount 01 wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee,
or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take
such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor
or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechaniCS, watchmen, or guards (including apprentices, trainees,
and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work
in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and-one-half times his/her basic rate of pay
for all hours worked in excess of 40 hours in such workweek. 8. Violation : Liability for Unpaid Wages; Liquidated Damages: In the event 01 any violation 01 the clause set forth in paragraph
7 above, the contractor and any subcontractor responsible thereof shatl be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall
be liable to the United States (in the case of work done under contract lor the District 01 Columbia or a territory, to such District or to such territory) for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum 01
$10 lor each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the
clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of
the DOL wi thhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract
with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act. which is held by the same prime contractor, such
sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in tile clause set forth
in paragraph 8 above. v. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located
on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulation s (29 CFR 3): The contractor shall comply with the Copeland Regulations
of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: Ex hi bi t I -Page 5 of 9 REQUIRED BY 23 CFR 633 . 102
a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor dUring the course of the work and preserved for a period of 3 years from the
date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards workmg at the site of the work. b. The payroll records shall contain
the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated
for bona fide fringe benefits or cash equivalent thereof the types described in Section 1 (b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made;
and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the
labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include
the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor
shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been
communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing
apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable
programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees
(including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll
submitted shall set out accurately and completely all 01 the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose and maybe purchased from the Superintendent of Documents (Federal stock number 029-005·0014-1), U.S. Government Printing Office,
Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement
of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete;
(2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions have been made either directly or indi reclly from the full wages earned, other than permissible deductions as set forth
in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of
worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a property executed certification set forth on the reverse
side 01 Optional Form WH-347 shall Exhi bit I satisfy the reqUirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification
of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the
records required under paragraph 2b of this Section V available for inspection, copying, or transcription by autilorized representatives of the SHA, the FHWA or the DOL, and shall permit
such representatives to interview employees during working hours on the job. If [he contractor or subcontractor fails to submit the required records orto make them available, the SHA,
the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29
CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective
devices at railroad grade crossings, those which are constructed on a force account or direct tabor basis, highway beautification contracts, and contracts for which the total final construction
cost for roadway and bridge is less than $1 ,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47,
"Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record 01
the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA·47, and
in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1 b relative
to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single
report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall
perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of Ihe tolal original contract
price, excluding any specially items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from
the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed
to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include
employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized
knowledge, abilities, or Exhi bit I -Page 6 of 9 REQUIRED BY 23 CFR 633.102
equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are 10 be limited to minor components
of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products
which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by
the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless 01 who performs
the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure
the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized
representative, and such consent when given shall not be construed to relieve the contractor of any responsibility lor the fulfillment of the contract. Written consent will be given
only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements 01 the prime contract. VIII. SAFETY: ACCIDENT
PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635).
The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines. or as the SHA contracting officer may determine,
to be reasonably necessary to protect the life and health of employees on the job and the safety 01 the public and to protect property in connection with the performance of the work
covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the
contractor and any subcontractor shall not permit any employee, in perlormance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous
to hislher health or safety, as determined under construction safety and health standards (29 CFA 1926) promulgated by the Secretary of Labor, in accordance with Section 10701 the Contract
Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFA 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof,
shall have right of entry to any site of contract performance to inspect or jnvestigate the matter of compliance with the construc tion safety and health standards and to carry out the
duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high
quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors,
suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as
possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding
the seriousness of these and similar acts. the following notice shaH be posted on each Federal-aid highway project (23 Exhibit [ CFA 635) in one or more places where it is readily available
10 all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL·AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: being an officer, agent,
or employee of the the United States. orof any State or Territory, or whoever. whether a person. association, firm, or corporation, knowingly makes any false statement. false representation,
or false report as to the character, quality. quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed. or liTe cost
thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary
of Transportation; or Whoever knowingly makes any false statement. false representation. false report or false claim with respect to the character. quality. quantity. or cost of any
work performed or to be performed, or materials furnished or to be furnished. in connection with the construction of any highway or related project approved by the Secretary of Transportation:
or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid
Roads Act approved July " 1916, (39 Stal. 355). as amended and supplemented; Shall be fined not more that $10.000 or imprisoned nol more than 5 years or both. x. IMPLEMENTATION
OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to art related subcontracts of $100,000 or more.) By submission of
this bid or the execution 01 this contract, or subcontract, as appropriate. the bidder. Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have
stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C.
1857 as amended by Pub.l. 91 -604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 g! .§!N., as amended by Pub.l. 92-500), Executive Order 11738.
and
regulations in implementation thereof (40 CFR IS) is not listed. on the date of contract award. on the U.S. Environmental Protection Agency (EPA) List 01 Violating Facilities pursuant
to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution
Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal
Activities. EPA, indicating that a facility that is or will be utilized lor the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm
agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government
may direct as a means of enlorcing such requirements. Exhibit [-Page 7 of 9 REQUIRED BY 23 CfR 633 . 102
XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Inst ructions lor Certi fication . Prima ry Covered Transactions: (Applicable to all Federal-aid
contracts -49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide
the certlflcallOn set oul below will not necessarily result in denial of panlcipation in this covered transaction. The prospective participant shall submit an explanation of why It cannot
provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction.
However, failure of the prospective primary participant to fumish a certification or an explanation shall disqualify such a person from participation In this transactIon. c. The certlhcation
in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter Into this transaction. If it is later determined
that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may
terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submllled
if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms ftcovered
transaction,W wdebarred ," "suspended,w "ineligible," "lower tier covered transaction,· ftparticipant,"ftperson,ft "primary covered transaction," ·principal," "proposal: and "voluntarily
excluded," as used in this clause, have the meanings set oul in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may conlacllhe department or agency
to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that. should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further
agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction:
provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transacllOns and in aU soliCitations for lower tier covered
transactions. h. A partiCipant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or volun tarily excluded from the covered transaction, unless It knows that the certification is erroneous. A participant may decide the method and frequency by which it
determines the eligibility of liS principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement
or Nonprocurement (Nonprocure· men! List) which is compiled by the General Services Administration. Exhi bit I I. Nothing contained in the loregoing shall be construed
to require establishment of a system of records In order to render in good faith the certification required by this clause. The knowledge and information of participant is not required
to exceed that which IS normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph 1 1 of these instructions,
if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, Ineligible, or voluntarily excluded from participation
in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certific ation Regarding
Debarment, Suspensio n, Ineligibility and Voluntary Excluslon··Primary Covered Transactions 1. The prospective primary partiCipant certifies to the best of its knowledge and belief.
that it and Its pnncipals: a. Are not presently debarred, suspended. proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department
or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal ollense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation 01 Federal or State antitrust
statutes or commission of embezzlement, theil, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently
indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated In paragraph 1 b of this
certification; and d. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated lor cause or default.
2. Where the prospective primary participant is unable to certi fy to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
2. Ins tructions for Certification • Lower Tier Covered Transactions: (Applicable to aU subcontracts, purchase orders and other lower tier transactions 01 $25.000 or more · 49 CFR 29)
a. By signing and submitting thiS proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation
of lact upon which reliance was placed when this transaction was entered into. II it is laler determined that the prospective lower tier participant knowingly rendered an erroneous certification.
in addition to other remedies available to the Federal Government, the department, or agency wilh which this transaction originated may pursue available remedies, including suspension
andlor debarment. Ex hi bi t I -Page 8 of 9 REQUIRED BY 23 eFR 633. 102
c. The prospective lower tier participant shall provide Immediate written notice to the person to which this proposal is submitted If al any time the prospective lower tier participant
learns that its certi fication was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction
," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contacl the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower lier participant
agrees by submitting this proposal thai. should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who
is debarred, suspended, declared ineligible, or voluntarily excluded from particlpallon in this covered transaction, unless authorized by the department or agency with which this transaction
originated. I. The prospective lower tier participant further agrees by submilling this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary ExclUSion-Lower Tier Covered Transaction,· without modification, in all lower tier covered transactions and In all solicitations for lower tier covered transactions.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible,
or volun· tarily excluded from the covered transaction. unless it knows that the certification is erroneous. A participant may decide the method and Irequency by which it determines
the eligibility of its principals. Each partiCipant may, but is nol required to, check the Nonprocurement List. h. Nothing contained in the loregolng shall be construed to reqUire establishment
of a system of records In order to render In good f8lth the certification required by this dause. The knowledge and Information of participant is not required to exceed that which IS
normally possessed by a prudent person in the ordinary course 01 business dealings. I. Except lor transactions authorized under paragraph e of these Instructions, if a participant in
a covered transaction knOWingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or VOluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government. the department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions: 1. The prospective lower tier participant
certifies, by submission of thiS proposal, that neither it nor its principals is presently debarred, suspended, proposed lor debarment, declared ineligible, or volunlarily excluded from
participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal. Exhibit I XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS OR LOBBYING (Applicable to all Federal -aid construction
contracts and to all related subcontracts which exceed $100,000 -49 CFR 20) t . The prospective participant certifies, by signing and submitting this bid or proposal, to the best of
hiS or her knowledge and belief, thaI: a. No Federal appropriated lunds have been paid or will be paid, by or on behalf of the underSigned, to any person lor influencing or attempting
to inlluence an officer or employee of any Federal agency, a Member of Congress, an officer or employ· ee 01 Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making 01 any Federal grant, the making of any Federal loan, the entering into 01 any cooperative agreement, and the extension, continuation, renewal, amendment,
or modlhcation 01 any Federal contract, grant, loan, or cooperative agreement. b. II any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an olficer or employee of any Federal agency. a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress
in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form·LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions. 2. This certification is a material representation 01 fact upon which reliance was placed when this transaction was made or entered Into. Submission
of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject
10 a civil penalty of not less than $1 0,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that
he or she shall require Ihatlhe language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose
accordingly. Ex hi bit! -Page 9 of 9 REQU IRED BY 23 eFR 633 .1 02
Exhibit J FEDERAL REQUIREMENTS Federal laws and regulations that may be appli cab le to the Work include: A. The "Unironn Administrmive Req uirements for Grants and Cooperati ve Agreements
to State and Locnl Governmenls (Common Rule), at 49 Code of Federal Regu lati ons, Port 18, except to the extent that other applicable federal requirements (including the provisions
of 23 CFR Parts 172 or 633 or 635) are more specific than provisions of Part 18 and therefore supersede such Part IS provisions, The requirements of 49 CFR IS include, without limitation
: I, the Local Agency/ConlraclOr sholl follow applicable procuremenl proccdures, as required by seclion IS.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 J 8.37 concern
ing any subgran ts; 4.10 expedile any CDOT approvol, Ihe Local Agency/ConlroclOr's attorney, or olher aUlhorized rep resentative, sholl a lso submit a letter to COOT cel1ifying Local
Agency/ColltraclOr compliance wi th section 18.30 change order procedures, and with IS.36(d) procurement procedures, and with 18.37 subgrant procedures, as applicable: 5. the Locol Agency/Contractor
shall incorporate the specific contmcl provisions described in 18.36( i) (whi ch are also deemed incorporated herein) into any subcontract(s) for such services as terms and conditions
of th ose subcontracts. B. Executi ve Order 11 246 of September 24_ 1965 entitled "Equal Employment Opportunity_" os omended by Executive Order I 1375 of October 13. 1967 and as supplemented
in Department of Labor regu lat ions (41 CFR Chapter 60) (A ll construction contracts awarded in excess of $ 1 0.000 by grantees and their contractors or subgrantees). C. The Copeland
"Anti-Kickback" Act ( 18 U.S.c. 874) os supplemented in Deparlment of Lobor regulotions (29 CFR Part 3) (A ll contracls and subgrants for constmction or repair). D. The Davis-Bacon Act
(40 U.S.c. 276a to a-7) as su pplemenled by Department of Labor regulati ons (29 CFR Part 5) (Constru ction contracts in excess of $2,000 awarded by grantees and subgrantees when required
by Federal grant program legis lation. This act requires that all laborers and mechanics employed by contractors or sub-contractors to work on construction projects fin anced by federal
assistance IllLlst be paid wages not less than those established for Ihe locality of the project by Ihe Secretary of Lobor). E. Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.s.c. 327-330) as supplemented by Department of Lobor regul ations (29 CFR Part 5). (Construction contracts awarded by gran lees and subgrantees in excess of $2,000,
and in excess of $2,500 for other contracts which in volve the employment of mechan ics or laborers). F. Standards, orders, or requirements issued under section 306 of the Clear Air
Act (42 U.S.c. IS57(h)_ section 508 of the Clean Water Act (33 U.s.c. 136S). Execuli ve Order 11 738, and Environmental Protection Agency regulati ons (40 CFR Part 15) (contracts, su
bcontracls, and subgrants of amounts in excess of $ 1 00,000). G. Mandatory standards and policies relating to energy effi ciency whi ch are contained in th e state energy conservation
plan issued in compliance with the Energy Pol icy 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-IIO. whichever
is applicable. I. The Hatch Act (5 USC 150 1-150S) and Public Law 95-454 Section 4728. These stalUtes stale that federal Exh ibit J -Page I of 3
Exhibit J funds cannol be used for parti san political purposes of any kind by <lily person or organization involved in the adminis tration of federall y-assisted programs. J. 42 USC
6 10 I et seq. 42 USC 2000d, 29 USC 794. and implementing regulation. 45 C. F.R. Part 80 el. seq .. These acts req uire that no person shall. on the grounds of race, color. national
origi n, age. or handicap. be exc luded from participation in Or be subj ected to di scrimination in any program or act ivity funded, in whole or pan, by federal funds: K The Ame rica
ns with Disabilities Act (Public Law 101-336; 42 USC 12 101 , 12 102. 12 111-1 2 11 7, 12 13 1-12 134 , 12 141 -12 150. 12 16 1-12 165, 12 18 1-12 189, 1220 1-122 1347 USC 225 and 47
USC 611. L. The Uniform Re locat ion Assistance and Real Prope l1y Acquisition Po lic ies Act. as amended (Public Law 9 1-646, as amended and Public Law 100-17. 101 Sial. 246-256). (If
Ihe con tractor is acquiring real prope rty and di s pl acing households o r businesses in the performance of this contract.) M. The Drug-Free Work place Act (Public Law 100-690 Title
V, subtitle D."I USC 701 et seg.). N. The Age Discriminmion Act or 1975.42 U.S.C. Sections 6 10 1 el. seq. and its implementing regu lation, 45 C.F. R. Pan 91; Section 504 of the Rehabilitation
Act of 1973. 29 U.S.c. 794. as amended. a nd implementing regu lation 45 C.F. R. Pan 84. O. 23 C.F.R. Pan 172, concerning "Administration of Engineering and Design Re lated Contracts".
P. 23 C.F.R ParL 633. concerning "Required COnLraer Provisions for FederaJ-Aid Construction Contracts", Q. 23 C.F. R. Pal1 635, concerning "Construction and Maintenance Provisions",
R. Title Vl of the C ivil Rights Act of 1964 and I 62(a) of the Federal Aid Highway Act of 1973. The requirclncms for which are shown in the Nondiscriminati on Provisions, which are
attached hereto and made a pan he reof. S. Nondiscriminati on Provis ions: In compliance with Title VI of the Civil Ri ghts Act of 1964 and wilh Section I 62(a) of the Federal Aid Highway
Act of 1973. the Contractor. for itself. its assignees and s liccessors in interest, agree as follows: I. Compliance with Regulations. The Contractor will comply with the Regulations
orille DepaJ1ment of Transportati on relative to nondiscrimination in Federally assisted programs of the Depal1ment of Trans pOi 1m ion (Title 49. Code of Federal Regulations, Part 2
1, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The Contractor, with regard to the
work performed by it after award and prior to completion of the contract work. will not discriminate on the ground of race. color, sex. mental or physical handicap or national origin
in the selecti on and retention of Subcontractors, including procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the
disc rimination prohibited by Section 21.5 of the Regulations. including employment practices when the contract covers a program set forth in Appendix C of the Regulations. 3. Sol ici
tations for Subcontracts. I nciuding Procurement of Materi als and Equipmcnl. In all sol icitations Exhibit J -Page 2 of 3
Exhibit J ei ther by competi tive bidding or negotiation macle by the Contractor for work to be performed under:l subcontnlCl. including procuremen t of materials or equipment. each
potential Subcolllractor or supplier shall be notified by the Contractor of the Contractor's obli gations under this contract and the Regu lmions relat ive to nondiscrimination on the
ground of race. color, sex, mental or physical handicap or nationa l origin. 4. InforlllUlion and Reports. The Contractor wi ll provide all information ancl reports required by the Regulations.
or orders and instructions issued pursuant thereto and wi ll permit access LO its books, records. nCCOUlll S, other sources of in formation and its faci lilies as may be determined by
the State or the FHW A to be pertinent to ascertain compliance with such Regulati ons, orders and instructions. Where any information req ui red orl lle Contractor is in the exclusive
possess ion of another who fails or refuses to furnish this information, the Contractor shall so cert ify to the State. or the FHWA as appropriate and shall set forth what efforts have
been made to obtain the in fo rmation. 5. Sancti ons for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provis ions of this contract, the State
shall impo!-5e such contract sanctions as it or the FHWA may determine to be appropriate. including, but nOllimited to: <1. Withholding of payments to the Contractor under the contract
until the Contractor complies. and/or; b. Cancell ati on, terminati on or suspension of the contrac t, in whole or in parl. 6. Incorporation of Provisions. The Contractor wi ll include
the provisions of paragraphs A through F in every subcontract. including procurement of materials and leases of equipment. unless exempt by the Regu lati ons. orders. or instru ctions
issued pursuant thereLO. The Contractor will take such action wi th respect to any subcont ract or procu rement as the Strite or the FHWA may direct as 11 means of enforci ng stich provisions
including sanct ion:o; for noncompliance: provided, however, that, in the event the Contractor becomes involved in , or is threatened with, litigation with a Subcontractor or supplier
as <1 restlll of such direction. the Contractor may request the State to enter illlo stich litigation to protect the interest of the State and in addition, the Contractor may request
the FHWA to enter into such liti gation to protect the interests of the United States. Exhibit J -Page 3 of 3
., • • City of JP'WheatRL..dge DATE: October 25 , 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 58-2010 -A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR
THE YEAR 2010, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2011 BUDGET YEAR o PUBLIC HEARING o BIDS/MOTIONS RESOLUTIONS QUASI-JUDICIAL: ISSUE:
o ORDINANCES FOR 1 ST READING o ORDINANCES FOR 2ND READING DYES ervices Director Levying property taxes for the 2010 fiscal year PRIOR ACTION: None FINANCIAL IMPACT: The City's mill
levy will be set at 1.830, raising $770,569 in property tax revenue. BACKGROUND: Section 39-5-128 of the Colorado Revised Statutes (C.R.S.) requires the Jefferson County Assessor to
certify to the City the total valuation for assessment of all taxable property located within the territorial limits of the City of Wheat Ridge. The total net assessed valuation for
the City for the year of201 0 is $421 ,076,310 which is a decrease of$3,391 ,070 compared to the year of2009. The City is also required by this same section of the C.R.S. to officially
certify the property tax mill levy to the Jefferson County Board of County Commissioners by December 15, 2010. The City's property tax mill levy will remain at 1.830 mills for the 2011
budget, potentially raising $770,569 in property tax revenue, a decrease of$6,206 compared to 2009.
Council Action Form October 25, 20 I 0 Page 2 Section 20 of Article X of the Constitution of Colorado, the Taxpayers Bill of Rights (TABOR), restricts increases in property tax revenue
to inflation plus local growth (defined as the percentage change in actual value of real property from construction of taxable real property improvements). Wheat Ridge voters exempted
the City from this TABOR revenue limitation at the November 2006 election. However, TABOR still restricts the City from raising the property tax mill levy without voter approval unless
the mill levy was temporarily reduced in a previous year. RECOMMENDATIONS: Set the mill levy at 1.830. RECOMMENDED MOTION: "I move to approve Resolution No. 58-2010, a resolution levying
a mill levy of 1.830 on general property taxes for the year 2010, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2011 budget year." Or, "I move
to table indefinitely Resolution No. 58-2010, a resolution levying a mill levy of 1.830 on general property taxes for the year 20 I 0, to help defray the costs of government for the
City of Wheat Ridge, Colorado for the 2011 budget year for the following reason(s) " REPORT PREPAREDIREVIEWED BY: Heather Geyer, Interim Administrative Services Director Patrick Goff,
City Manager ATTACHMENTS: 1. Resolution No. 58-2010 2. 2010 Certification of Value from Jefferson County
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 58 Series of 2010 TITLE: A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR OF 2010, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE
CITY OF WHEAT RIDGE, COLORADO FOR THE 2011 BUDGET YEAR WHEREAS, the City Council of the City of Wheat Ridge adopted the 2011 annual budget on October 25, 2010 in accordance with the
Local Government Budget Law, and; WHEREAS, the amount of money necessary to balance the budget for general operating purposes from real property tax revenue is $770,569, and ; WHEREAS,
the Local Government Budget Law requires certification of the annual property tax mill levy by December 15, 2010, and; WHEREAS, the total net assessed valuation of all taxable property
subject to taxation for the year of 2010 is $421,076,310 and; WHEREAS, the City for the fiscal year 2010 has determined to levy 1.830 mills on all taxable property within the City; NOW,
THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE: A. That for the purpose of meeting all general operating expenses of the City of Wheat Ridge during the 2011
budget year, there is hereby levied a tax of 1.830 mills placed upon each dollar of the total valuation of all taxable property within the City of Wheat Ridge for the year 2010. B. That
the Mayor of the City of Wheat Ridge is hereby authorized and directed to immediately certify to the County Commissioners of Jefferson County, Colorado the mill levy for the City of
Wheat Ridge as herein above determined and set. DONE AND RESOLVED THIS __ day of _____ , 2010. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Attachment 1
OFFICE OF COUNTY ASSESSOR 100 JEFFERSON COUNTY PARKWAY GOLDEN, CO 80419-2500 JIM EVERSON WHEAT RIDGE -3110 % CITY OF WHEAT RIDGE 7500 W 29TH AVE WHEAT RIDGE, CO 80215 SUBJECT, 2010 Certification
of Value August 24, 2010 The total ASSESSED valuation for your authority f o r the year 2010 is $ TIF District (Urban Renewal) Increment : $ 182,340 Current year net assessed valuation:
$ 421,076,310 Last year your gross asses sed value was : $ 424,647,750 New construction assessed value: $ 1,641,310 Increased production of producing Mine*: $ 0 Annexation/Inclusion
assessed value : $ 0 Previously exempt federal property* : $ 0 Exclusion assessed value : $ 0 Assessor 421,258,650. The l39-10 -114(B)C . R.S . 1973, as amended) requires that
we report t o you the amount of abatements and refunds granted during the past year. Pursuant to 29 -1 -301, we are also reporting revenue received from property previously omitted f
r om the tax rol l . These amounts, for the one year period preceding September 1, 2010, are as follows: Abatements & Refunds: Revenue from Omitted Property: $ $ 9,305 4 * Jurisdiction
must submit a certification to the Division of Local Government in order for the value to be counted as growth. Attachment 2 http://assessor.jeffco . us
WHEAT RIDGE -3110 LOCAL GROWTH Amendment l requires that you consider "local growth" in calculating
your revenue limitation. Pursuant to Division of Property Taxation Guidelines, the following are the relevant ACTUAL value figures for your authority: The actual value of all taxable
real property plus the actual value of religious, private schools, and charitable real property: $ 3,266,248,835 The actual value of newly constructed taxable real property improvements:
$ 9,364,264 The actual value of real property annexed to or included in the authority: $ 0 The actual value of real property that changed from exempt to taxable: $ 0 The actual value
of omitted real property: $ 0 The actual value of new oil, gas, or mining production: $ 0 The actual value of demolished taxable real property: $ 252,500 The actual value of excluded
real property: $ 0 The actual value of real property that changed from taxable to exempt: $ 1 Your local growth calculation within Jefferson County is: .0028
City of !P'WheatRL-dge DATE: October 25, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 59-2010 -A RESOLUTION ADOPTING THE CITY BUDGET
AND APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES IN THE AMOUNTS SPECIFIED FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2011 BUDGET YEAR D PUBLIC HEARING D
BIDSIMOTIONS RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING D YES City Manager Section 10.9 of the Wheat Ridge City Charter requires
that the budget be adopted by resolution on or before the final day (December 15,2010) established by state statute for the certification of the next year's tax levy to the county. The
proposed 2011 budget includes $26,375,971 in expenses in the General Fund, $2,920,000 in expenses in the Capital Investment Program (CIP) Fund and $4,727,838 in expenses in Special Revenue
Funds for a total budget of$34,023,809. PRIOR ACTION: • August 9, 2010 -first public meeting to provide opportunities for citizens to comment on the budget • September 13,2010 -second
public meeting to provide opportunities for citizens to comment on the budget • September 27,2010 -proposed 2010 Budget distributed to City Council and made available for public review
• October 11, 2010 -City Manager presented the proposed budget to City Council during a Study Session • October 18,2010 -Study Session to review proposed 2011 Budget
Council Action Form October 25, 2010 Page 2 • October 25,2010 -as required by Section 10.7 of the Wheat Ridge City Charter a public hearing will held to provide additional opportunities
for citizens to comment on the proposed budget prior to adoption of the budget FINANCIAL IMPACT: A total budget of $34,023,809 is to be appropriated to the varIOUS funds in the attached
resolution. BACKGROUND: Wheat Ridge's total proposed General Fund operating budget for 2011 is $26,375,971, excluding transfers. The City's total 2011 operating budget represents a 7%
increase compared to the adjusted 2010 Budget. The projected 2011 General Fund ending fund balance is $8,179,903 or 29% of expenditures. The total City Budget for 2011 , which includes
the General Fund, CIP and Special Revenue Funds is $34,023,809. Sales tax, the City's largest revenue source, is projected to increase in 2010 by 3.2% compared to 2009 actual revenue,
and 8.5% compared to 2010 projected revenue. Total General Fund revenues for 2010 are projected to decrease by 1.3% compared to 2009 actual revenue and increase by 8.5% compared to 2010
projected revenue. Sales tax is expected to increase by 3.2% in 2011 and total General Fund revenues should experience about a 1.2% increase. The 2010 Budget will provide for an ending
fund balance of $10.3 million or 41 .6% of operating expenditures. Staff made significant cuts to the 2009 Budget and continued the belt tightening through 2010 which allowed the City
to put additional funds into reserves. The 2011 Proposed Budget ending fund balance is projected to decrease to $8.2 million to allow for a $2.165 million transfer to the CIP Budget.
The 2010 Budget was adopted as a "bare bones" budget which included only those expenditure requests that were tied directly to a base level of services and programs. A summary of the
impacts to the 2010 Budget included: • The 2010 CIP Budget included limited preventative street maintenance, minor pavement repair and pavement crack filling and contingency funding
for unanticipated unanticipated public improvement projects. • All scheduled vehicle replacements were deferred. • The 2010 Budget included an increase of approximately 8% in medical
insurance premiums, which was accomplished by creating a three-tiered City/employee contribution option which required employees to pay a larger percentage of the premium for a richer
level of benefits. • 2009/2010 market adjustments to employee compensation plans were suspended and the 2010 Budget did not include employee salary step increases. • Two employee furlough
days were mandated for the 2010 fiscal year.
Council Action Form October 25, 2010 Page 3 • Training, conference and meeting expenses were significantly reduced or eliminated unless specifically required for the job. • The annual
contribution to WR2020 was eliminated. WHEAT RIDGE GOALS 2015 The Mayor, City Council and staff work together annually to develop and update a strategic plan including a vision, plan
and action agenda to define that "desired destination for Wheat Ridge" and to draw the "map to Wheat Ridge's destination." Staff used these goals as a guide to develop strategies and
priority projects for the 2011 Budget. The Mayor and Council identified four key strategic prioritized goals for the next five years: 1. Financially Sound City Providing Quality Services
2. Choice of Desirable Neighborhoods 3. Economically Viable Activity Centers 4. More Attractive Wheat Ridge The following is a list of budget items that are either additions per City
Council direction or a result of priorities set forth by City Council Strategic Plan: • Vehicles $735,000 -the City Council directed staff at the Strategic Planning retreat to include
vehicle replacement in the proposed 2011 budget. • Bike Master Plan $50,000 -Phase 3 of the Bicycle & Pedestrian Master Plan is based on City Council direction following completion of
Phase 2. • Street Corridor Design $40,000 -the City Council directed staff to develop a conceptual design plan for major corridors and funding per the Strategic Plan. • Wadsworth Corridor
Coalition Match $40,000 -this is the City's matching grant amount to participate in the regional planning efforts to study Wadsworth Boulevard per City Council direction at a Regular
Council meeting. • Employee Appraisal Software $18,000 -this addition is the result of the Performance Management Project (PMP) which consists of updating the City's performance appraisal
system and is tied to the Customer Service Action Plan/Culture Survey that was completed in 2009 and is listed under "Management in Progress" in the Strategic Plan. This software will
automate the performance appraisal system that is on schedule to be implemented in early 2011. • Early Warning Siren Maintenance $5,310 -this item is the result of maintenance that the
City assumes following the installation of the early warning sirens. The funding for sirens was provided by grants in 2009 and 2010. • Online business tax payments -addition of$15,810
in projected fee costs to provide online business tax payments. • Transfer from General Fund to CIP in the amount of $2.165 million per City Council direction at the Strategic Planning
retreat for preventative street maintenance.
Council Action Form October 25, 2010 Page 4 The following items are identified as management priorities to be funded in 2011 based on the positive impact to service delivery and/or infrastructure
needs that have been deferred in the 2009 and 2010 Budgets: • Parks Maintenance Software $25,000 -this item is the result of the Mercer Group Organizational Structure Assessment which
identified the need for implementation of a GIS based tracking system for program costs. • Mobile Shelving PD Evidence Building $11,500 -this item is to provide adequate storage for
items that are seized by the Police Department. • Transfer from General Fund to the Equipment Replacement Fund in the amount of $100,000 for future Police Department CADIRMS and radio
replacement. • Speed Trailers -replacement of two speed trailers, cost per trailer is $10,000 for a total cost of $20,000. • Patrol of the Greenbelt -addition of $17,280 in overtime
for officers to provide patrol along the Greenbelt. This item was cut from the budget in 2010. 2010. Based on community feedback and increased number of calls for service, we are recommending
re-instatement ofthe program in the 2011 Budget. • 44th & Eldridge Traffic Signal -upgrade of signal for a cost of $30,000. • Addition of professional development trainings at a minimal
level City-wide. • Property/Casualty Insurance -$170,897, increase by $17,734. This increase is the result of our past claims experience. • Workers' Compensation -$257,288, increase
by $45,941. This increase is the result of our past claims experience. • Medical -increase of approximately 5.5%. The first renewal was estimated at a 13% increase. Staff negotiated
this increase down to the current level and will continue to try to decrease this percentage. Plan designs have been modified which will increase out-of-pocket expenses for employees.
The overall increase is a combination of the market and our past claims history. The following structural changes/additions have been made to the proposed 2011 Budget: • Economic Development
--the Economic Development program budget is now included with the City Manager's Office in this budget document. Previous year budget information for Economic Development is shown under
the Community Development Department. • Police Department Grants -added a grant funding program budget in the Police Department titled Line Item Budget #202. All grant funds are accounted
for in this program budget. • Special Investigations combined with Investigations -the Special Investigations program budget has been eliminated. Budgeted expenses for investigations
are now budgeted in the Investigations program budget. This budget includes a Line Item Budget for both; however, no narrative is included for the Special Investigations program.
Council Action Form October 25, 2010 Page 5 City Council provided the following direction on these budget items discussed at the City Council Study Session on October 18, 2010: • Legislative
Budget -City Council provided direction to split the $3,000 budgeted for each Councilmember by half and budget $1,500 for community outreach and $1 ,500 for educational purposes. A copy
of the revised Legislative Services Line Item Budget is included in Attachment 3. • Funding level of the Wheat Ridge Business District (WRBD) -City Council provided direction to budget
$40,000 and the WRBD can make requests of Council for any additional future funding. • Funding level for VehiclelEquipment Replacement -City Council provided direction to keep the proposed
$735,000 in funding for vehicle and equipment replacement. • Funding level of WR2020 -City Council provided direction to provide funding in the amount of $131,000 to WR2020 for the following
two programs: $106,000 for additional investment in the Building Up Business Loan and Home Investment Loan Programs that are targeted along 38th Avenue with 6% for program administration
and program revenues would be reinvested in future grant and loan programs; and $25,000 for staff and outreach resources for Community Revitalization Partnership Program implementation
on 38th Avenue. WR2020 can make requests of Council for any additional future funding. • Large-item Pick-up Program -City Council provided direction to add $5,000 in the budget to re-instate
the large-item pick-up program. • Funding level for Outside Agency Contributions -City Council provide direction to keep the funding level of this program at $10,000. • In order to balance
the budget with the additions outlined above, staff is deferring the $76,000 for the AC System for the IT server room until 2012. Additionally, other minor additions and subtractions
were made. • COPS grant funding in the amount of$110,900 was added to both expenditures and revenues for 2 Police Officer positions. REVENUES AND EXPENDITURES The total total 2011 Proposed
Budget is $34,023,809. The Budget is based on projected revenues of $31,297,478. In addition, the beginning fund balance for 2011 is projected at $16,411,242 which brings the total available
funds to $47,720,092. This will provide for a projected ending fund balance of $13,696,283 which is a 20% increase compared to the 2010 Budget. Detailed revenue
Council Action Form October 25, 2010 Page 6 and expenditure tables are presented in the Revenue and Expenditure Summary section of this Budget. General Fund General Fund revenue is projected
at $26,475,971 which is a 2% increase compared to 2010 estimated revenues. In addition, the beginning fund balance for 2011 is projected at $10,333,531 which brings the total available
funds for the General Fund to $36,809,502. General fund expenditures total $26,375,971. General Fund expenditures represent a 7% increase compared to the adjusted 2010 Budget and a 11
% increase compared to the estimated 2010 Budget. This will provide for a projected ending fund balance of $8, 168,531 or 29% of expenditures which is a 21 % decrease compared to the
2010 Budget. Capital Investment Program Fund CIP Fund revenue is projected at $3,044,000 ($2.165 million transferred from the General Fund) which is a 143% increase compared to the 2010
estimated revenue of$I,255,000. In addition, the beginning fund balance for 2011 is projected projected at $3,444,288 which brings the total available funds for the CIP Fund to $6,488,288.
City Council directed staff at the Budget Strategic Planning Retreat in April to include $2.0 million of funding in the 2011 Budget for preventative street maintenance projects. This
funding is included in the proposed budget and is proposed to be used for asphalt overlay on four major streets and miscellaneous slurry sealing, crack sealing, and striping throughout
the City. In addition, the City was awarded a federal highway grant for the construction of a new sidewalk on Wadsworth Boulevard from 26th Avenue to 32nd Avenue. The grant requires
a 20% match from the City for a total project cost of $780,000. Other proposed expenses include $100,000 for contingency funding for unanticipated street public improvement projects
and $40,000 for a new climate control system for the Police Department Evidence Building, which is required by state law. CIP expenditures total $2,920,000 which is an 82% increase compared
to the adjusted 2010 Budget and to the estimated 2010 Budget. This will provide for a projected ending fund balance of $3,568,288. It will be prudent to maintain this fund balance as
the City's share of the 32nd and Youngfield interchange improvements are projected to cost at least $3.3 million. The Ten-Year CIP Budget proposes to include the following other major
projects: • Continued funding for preventative street maintenance projects averaging $2.0 million per year • Arvada Channel drainage improvements in the amount of$I.5 million in 2013
which will count towards the City'S contribution for the Gold Line Light Rail project • Minor street improvements averaging $560,000 annually, starting in 2013
Council Action Form October 25,2010 Page 7 • Public Works and Parks Maintenance Facility funding in the amount of $500,000 annually over a seven-year period • Gateway Signage funding
in the amount of $400,000 over a four-year period starting in 2012 The Ten-Year CIP Budget anticipates funding from the General Fund in an average amount of $3.2 million annually to
fund these proposed projects. The current forecast for General Fund revenues and expenditures projects that adequate funds will be available to fund both general operating expenses and
CIP expenses at these levels through fiscal year 2010. To continue funding CIP projects at this minimal level, City Council will need to consider substantial cuts in the City's operating
budget or new revenue sources. Open Space Fund Open Space revenue is projected at $1,189,432 which is a 40% decrease compared to the 2010 estimated revenue of $1,987,922. In addition,
the beginning fund balance for 2011 is projected at $358,283 which brings the total available funds for the Open Space Fund to $1,547,715. Open Space projects for 2011 include open space
improvements, park maintenance projects, open space sign fabrication, trail replacement and repair, an off-leash dog park and Phase III of Discovery Park. Funding is also appropriated
for five Parks employees. Open Space expenditures total $1,540,996 which is a 38% decrease compared to the adjusted 2010 Budget and a 22% decrease compared to the estimated 2010 Budget.
This will provide for a projected ending fund balance of$6,719. The Five-Year Open Space Budget proposes the continuation of miscellaneous open space improvements, park maintenance projects,
trail replacement and repair, open space sign fabrication and funding for five Parks employees. In addition, funding in the amount of $400,000 annually over a three-year period is proposed
for the Public Works and Parks Maintenance Facility and $200,000 for implementation of Parks Master Plan recommendations. Conservation Trust Fund Conservation Trust revenue is projected
at $285,000, which is a 2% decrease compared to the 2010 estimated revenue of $280,000. In addition, the beginning fund balance for 2011 is projected at $63,830 which brings the total
available funds for the Conservation Trust Fund to $348,830. Conservation Trust projects for 2011 include Phase III of Discovery Park, Richards Hart Estate playground, the resurfacing
of tennis and basketball courts and the transition of Johnson Park. Conservation Trust expenditures total $270,000, which is a 71 % decrease compared to the adjusted 2010 Budget and
a 69% decrease compared to the estimated 2010 Budget. This will provide for a projected ending fund balance of $78,830. The Five-Year Conservation Trust Budget proposes to provide funds
in the amount of $1.1 million over a four-year period for the development of a new park at 44th and Kendall,
Council Action Form October 25, 2010 Page 8 Recreation Center pool maintenance, resurfacing of tennis and basketball courts and other facility repair and maintenance. Recreation Center
Operations Fund Recreation Center Operations revenue for 2011 is projected at $2,148,935, which is a 9% increase compared to the 2010 estimated revenue of$I,972,335. In addition, the
beginning fund balance for 2011 is projected at $1,725,868 which brings the total available funds for the Recreation Center Operations Fund to $3,874,803. Recreation Center expenditures
total $2,465,388, which is a 4% increase compared to the adjusted 2010 Budget and an 8% increase compared to the estimated 2010 Budget. This will provide for a projected ending fund
balance of$I,409,415. Miscellaneous Special Revenue Funds Several other miscellaneous Special Revenue Funds are also included in this Budget to track revenues and expenditures that are
legally restricted for specific purposes or to simplify the budgeting process. Those funds include Police Investigation, Municipal Court, Richards Hart Estate, Equipment Replacement,
and Crime Prevention. Detailed revenue and expenditure information for these funds can be found in the Special Revenue Funds and the Line Item Accounts sections of the Budget. STAFFING
Personnel-related expenses account for the largest portion ofthe City's Budget; therefore, maintaining this investment is a high priority. Through a periodic compensation review process,
a survey of the 2010 pay scales for the City'S positions was conducted for the purpose of determining what wages are generally prevailing in similar cities within the Denver metropolitan
area. The proposed 2011 Budget does not include any results from the Employee Compensation Analysis Study. As approved by City Council, the City strives to remain at the 70th percentile
of the market for law enforcement (sworn) positions and 55th percentile for all civilian positions. The market study for 2010 indicated that to maintain these percentiles and to remain
competitive, our compensation plans required upward adjustments of, on average, 2.66% for civilian positions and 2.82% for sworn positions. Due to severe budget constraints, City Council
consensus was to forgo 2010 mid-year market adjustments. Employees are eligible to receive a step increase on their anniversary date if they receive at least a satisfactory performance
evaluation. Again, the new performance appraisal system will be implemented in 2011. Step increases were frozen in 2010 but were proposed to be reinstated in the 2011 Budget at a cost
of$145,679. City Council provided direction to staff at the October 18th Study Session to develop a bonus plan for 2011 in lieu of merit increases. To remain
Council Action Form October 25, 2010 Page 9 competitive and to retain and attract the best employees, it will be crucial to reinstate both the market and merit adjustments as finances
allow. The 2011 Compensation Plan is designed to maintain competitive relationships with the market and provide an unbiased relationship in pay between positions and departments. You
may find the complete Compensation Plan in the "Staffing" section of the Budget. The 2011 staffing level will increase to 225.755 FTE's in all funds. The 2.0 FTE increase is the result
of funding from the COPS Grant Award for two Police Officer positions for a three-year period. Staffing levels continue to remain well below the 233.755 FTE's authorized in 2002. This
staffing level was proposed before the budget reduction program and elimination of positions in 2003 and 2004 due to budget constraints. RECOMMENDATIONS: Adopt the 2011 Budget as proposed.
RECOMMENDED MOTION: "I move to approve Resolution No. 59-2010, a resolution adopting the City Budget and appropriating sums of money to the various funds and spending agencies in the
amounts specified for the City of Wheat Ridge, Colorado for the 2011 Budget Year." Or, "I move to deny Resolution No. 59-2010, a resolution adopting the City Budget and appropriating
sums of money to the various funds and spending agencies in the amounts specified for the City of Wheat Ridge, Colorado for the 2011 Budget Year for the following reason( s) " REPORT
PREPARED/REVIEWED BY: Heather Geyer, Interim Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 59-2010 2. 2011 Proposed Revenues & Expenditures
Summary 3. Revised Legislative Budget Line Item Detail
TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 59 Series of 2010 Attachment 1 A RESOLUTION ADOPTING THE CITY BUDGET AND APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING
AGENCIES FOR THE CITY OF WHEAT RIDGE, COLORADO, FOR THE 2011 BUDGET YEAR WHEREAS, the City of Wheat Ridge annual budget for the fiscal year 2011 has been established and public hearings
and meetings have been held after duly published public notices; and WHEREAS, the budget provides for the combination of revenues and excess fund balance reserves equal to or greater
than the total proposed expenditures as set forth in said budget in the total amount of $34,023,809 which includes the following funds: 1. Fund 01 -General Fund $28,640,971 2. Fund 17
-Police Investigation Fund $ 27,000 3. Fund 30 -Capital Investment Fund $ 2,920,000 4. Fund 32 -Open Space Fund $ 1,540,996 5. Fund 33 -Municipal Court Fund $ 42,700 6. Fund 35 -Richards
Hart Estate Fund $ 20,500 7. Fund 54 -Conservation Trust Fund $ 270,000 8. Fund 57 -Equipment Replacement Fund $0 9. Fund 63 -Crime Prevention Fund $ 361,254 10. Fund 64 -Recreation
Center Operation Fund $ 2.465,388 Total: $36,288,809 Less Transfers: ($2,265" ,000) Total Expenditures: $34,023,809
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that the City of Wheat Ridge Total Budget as stated in the Resolution be hereby approved, adopted,
and appropriated for the entire fiscal period beginning January 1, 2011 and ending December 31,2011. DONE AND RESOLVED THIS ___ day of _____ , 2010. Jerry DiTullio, Mayor ATIEST: Michael
Snow, City Clerk
Wheat: RL..dge Operating Funds General Fund Balance Percentage Capital Funds Capital Investment Program Special Revenue Funds Police Investigation Open Space
Municipal Court Richards Hart Estate Conservation Trust Equipment Replacement Crime Prevention Recreation Center Total Operating Funds Total Capital Funds Total Special Revenue Funds
Attachment 2 2011 Proposed Budget Budget Summary by Fund Beginning Balance (1/1/11) + Revenues = Funds Availa.b le Fund Expenses = Balance (12131/11) $10,333,531 + $26,475,971 = $36,809,502
$28,640,971 = $8,168,531 -• $28,MO,I7f • $3,444,288 + $3,044,000 = .. $75,478 + $500 = $75,978 $358,283 + $1 ,189,432 $1 ,547,715 $34,341 + $34,000 = $68,341 $35,420 + $22,440 = $57,860
$63,830 + $285,000 = $348,830 $205,065 + $102,000 = $307,065 $135,138 + $260,200 = $395,338 $2,148,935 = $10,333,531 + $26,475,971 = $36,809,502 $3,444,288 + $3,044,000 = $6,488,288
$2,633,423 + 7 28.5% $$2,192.0,.0_00 ·= $27,000 = $48,978 $1 ,540,996 = $6,719 $42,700 = $25,641 $20,500 = $37,360 $270,000 = $78,830 $0 = $307,065 $361,254 = $34,084 = $28,640,971 =
$8,168,531 $2,920,000 = $3,568,288 $4,727,838 = $1 ,948,092 Revenues & Expenditures Summary Budget Summary by Fund
2011 Proposed Budget Wheat RL.dge General Fund Revenues 2009 2010 2010 2011 Actual Adjusted Estimated Proposed SALES TAXES Sales Tax $14,126,795 $13,437,219 $14,580,000 $15,017,400
Sales Tax Audit Revenue $129,316 $355,000 $300,000 $325,000 URA -Wheat Ridge Cyclery $14,581 $20,000 $25,000 $25,000 URA -Town Center $229,287 $300,000 $200,000 $225,000 URA -Walgreens
$4.436 iQ iQ iQ if$ $14,112;21' $15,1os,4OO $'5,592 OTHER TAXES Real Property Tax $778,465 $765,860 $767,000 $765,000 Liquor Occupational Tax $52,684 $59,000 $60,950 $60,950 Auto Ownership
Tax $55,902 $55,000 $51,000 $55,000 Xcel Franchise Tax $1,171,307 $975,000 $1,200,000 $1,200,000 Telephone Occupation Tax $260,757 $260,000 $260,000 $260,000 Lodgers Tax $442,624 $435,000
$470,000 $470,000 Admissions Amusement Tax 4QQ $2,853._ $2.855. USE TAXES Use Tax -Retail/Professional $1,230,780 $800,000 $1,100,000 $1 ,113,200 Use Tax -Building
$1,075,425 $650,000 $520,971 $450,000 $800.000 $1.000,000 $1,000,000 LICENSE Amusement Machine License $8,580 $9,000 $8,500 $8,500 Arborist License $1,690 $1,550 $1,700 $1,700 Contractors
License $109,950 $75,000 $80,000 $90,000 Liquor License Fee $11 ,035 $10,000 $10,000 $10,000 Building Permits $1,045,372 $415,000 $607,960 $400,000 Street Cut Permits $84,860 $92,000
$162,000 $87,000 Cable TV Permits $338,075 $310,000 $330,000 $320,000 Elevator Inspection Fees $26,090 $24,000 $20,700 $20,700 Pawn Shop License Fees $10,000 $10,000 $10,000 $10,000
Business License Fees $85 QQQ Revenues & Expenditures Summary 8 General Fund Revenues
'" " " I 2011 Proposed Budget 2009 2010 2010 2011 Actual Adjusted Estimated Proposed INTERGOVERNMENTAL Cigarette Tax $107,699 $105,000 $102,000 $100,000
County Road and Bridge $482,781 $485,000 $483,600 $400,000 Arvada Ridge Redevelopment $100,000 $100,000 $100,000 $100,000 Highway Users Tax $892,198 $944,293 $977,906 $1,042,361 Motor
Vehicle Registration $108,696 $110,000 $100,000 $107,000 Wheat Ridge Fire Radio $0 $0 $29,529 $29,529 CATPAAuto Theft Grant $37,732 $0 $75,464 $75,464 Police -Seat Belt Safety Grant
$6,306 $2,000 $7,348 $2,500 Police -Drug Overtime Grant $8,620 $8,000 $7,500 $7,500 Police -COPS Grant $110,900 Police -Bryne Grant $8,873 $2,000 $30,622 $74,596 CDBG Grants $0 $97,740
$0 $0 Police -Ballistic Vest Grant $4,637 $7,700 $7,700 $8,850 Scientific & Cultural Grant $2,214 $2,500 $2,272 $2,500 Live Well Colorado Grant $0 $0 $12,250 $0 Meth Overtime Grant $876
$5,000 $0 $0 Jefferson County Tree Grant $0 $22,552 $22,550 $0 CALPHO Grant $0 $0 $6,000 $0 LEAP Energy Grant $0 $0 $0 $130,000 Police -Leaf Grant $0 $0 $12,000 $12,000 P&R -Safe Routes
to School $21,142 $0 $0 $0 Wheat Ridge Fire Department $4,721 $0 $0 $0 SERVICES Zoning Applications $22,925 $20,000 $35,000 $25,000 Planning Reimbursement Fees $2,294 $6,300 $1,896 $3,000
Engineering Fees $3,250 $9,000 $6,000 $7,000 Misc. Zoning Fees $1,310 $2,000 $2,148 $2,000
Plan Review Fees $166,020 $144,542 $135,186 $140,000 Pavilion/Park Rental Revenue $29,179 $23,000 $28,000 $25,000 Athletics Revenue $128,362 $131,255 $112,060 $138,395 Active Adult Center
Revenue $189,721 $170,674 $175,555 $217,283 Gen. Prog. Revenue $135,952 $140,176 $154,000 $152,760 Anderson Building Revenue $12,856 $14,000 $14,000 $15,000 P&R Security Deposits $59,750
$54,000 $57,500 $59,000 Outdoor Swimming Fees $141,160 $125,278 $161,414 $148,000 9 Revenues & Expenditures Summary General Fund Revenues
2011 Proposed Budget Police Report Fees Pawn Shop Ticket Fees Sex Offender Registration Police Drug Destruction Fees Police Fees Police Duty Reimbursement m FINES & FORFEITURES Municipal
Court Fines Nuisance Violations Fees Handicap Parking Fees Traffic General Other Parking No Proof of Insurance ItFIHE& INTEREST Interest Earnings OTHER Cable Peg Fees Passport Processing
Fee Total General Fund Transfers In Fund Balance Carryover Total Funds Available S Revenues & Expenditures Summary General Fund Revenues 2009 Actual $11,395 $21,271 $3,100 $460 $3,411
$111,452 $57,671 $555 $501 ,348 $81,243 $25,251 $4,875 $119,566 $44,152 $7,715 $26,389,929 $0 $6,168,769 $32,558,698 10 2010 Adjusted $13,000 $21,000 $3,000 $500 $3,500
.f1,225 $119,000 $55,000 $300 $440,000 $90,000 $22,000 $3,000 $749.300 $150,000 $42,000 $9,000 $24,011,993 $0 $6,487,575 $30,499,568 Wheat
Ri..,dge 2010 Estimated $10,870 $21,000 $10,950 $400 $3,615 $110,000 $55,000 $300 $500,000 $85,000 $16,000 $3,000 $78Q1Q_Q $150,000 $44,200 $7,000
$26,056,856 $0 $9,140,901 $35,197,757 2011 Proposed $10,900 $21 ,000 $10,950 $400 $3,600 $115,000 $55,000 $300 $500,000 $90,000 $17,000 $3,500 $120,000 $44,200
$7,000 $26,475,971 $0 $10,333,531 $36,809,502
r? .--Vc-ityof WheatRL..dge 2011 Proposed Budget General Fund Expenditures Legislative Legislative Services City Manager's Office City Manager Economic Development City Attorney City
Clerk's Office City Treasurer Central Charges Central Charges Municipal Court Municipal Court 2009 Actual $259,057 $257,237 $0 $2,350,355 $698,026 11 2010 Adjusted $264,000 $37,628 $2.460,371
$704,001 2010 Estimated $231,110 $0 $264,000 $35,578 $2,376,512 $697.461 2011 Proposed $302,582 $254,542 $584,110 $258,000 $138,069 $36,778 $2,841 ,503 $722285 Revenues
& Expenditures Summary General Fund Expenditures
2011 Proposed Budget Administrative Services Administration Finance Human Resources Sales Tax Purchasing and Contracting Information Technology Community Development Administration Economic
Development Planning Building Police Administration Grants Community Services Team Communications Crime Prevention Team Records Training and Public Information Patrol Investigations
Traffic Enforcement Special Investigations Revenues & Expenditures Summary General Fund Expenditures 2009 Actual $485,303 $214,116 $429,090 $212,716 $100,800 $1 084787 $192,954 $444,721
$326,972 $443,022 ,699 $663,475 $0 $221,936 $711 ,535 $212,928 $265,031 $184,174 $3,743,437 $1 ,402,200 $351 ,150 $173,595 12 2010 Adjusted $477,158 $220,330 $400,905 $220,248
$102,221 $1 229604 $195,441 $549,506 $219,802 $373,760 $767,589 $0 $255,763 $748,662 $218,054 $263,508 $245,930 $4,037,499 $1,409,828 $354,158 $188,284 Wheat
Ri...-dge 2010 Estimated $428,509 $219,730 $397,840 $205,844 $93,038 $1,205,844 $193,341 $417,211 $208,009 $378,828 .. $725,416 $0 $253,143 $747,606 $218,054 $263,508
$244,520 $4,036,825 $1 ,409,828 $354,740 $178,416 2011 Proposed $388,288 $230,233 $407,860 $228,623 $103,135 $242,977 $0 $213,562 $343,764 $703,686 $421 ,810 $257,083
$759,128 $219,463 $267,552 $228,267 $4,043,165 $1 ,785,555 $348,508 $0 $23,515
.. \ . , . City of WheatRLdge 2009 Actual Public Works Administration $150,178 Engineering $913,081 Parks and Recreation Administration $221,136 Recreation $247,487 Parks Maintenance
$1,076,032 Forestry $370,275 Open Space $200,475 Anderson Building $82,143 Athletics $184,142 General Programs $209,875 Outdoor Pool $176,261 Active Adult Center $445,654 Building Maintenance
$364.666 13 2011 Proposed Budget 2010 2010 2011 Adjusted Estimated Proposed $149,045 $149,045 $154,227 $938,690 $898,628 $1,063,784 Q7Q -$4,498,59
$217,521 $210,692 $230,452 $271,272 $257,806 $275,603 $1,400,795 $1,337,453 $1,353,741 $297,198 $294,625 $274,114 $236,455 $234,319 $240,555 $87,260 $73,827 $88,954 $220,310 $189,235
$222,995 $236,839 $232,132 $230,077 $176,344 $169,667 $207,310 $602,851 $493,794 $599,386 Revenues & Expenditures Summary General
Fund Expenditures
2011 Proposed Budget 15ityof I Ie at Revenues & Expenditures Summary General Fund Expenditures 14 Wheat: R!:9ge
Attachment 3 10/19/10 16,59,01 ACCTS, 01-102-bu246-ls CITY OF WHEAT RIDGE 8UDGET ITEMIZATION REPORT ORDER DESCRIPTION 01-102-600-602 01-102-600-610 APPROVED UOM QUANTITY APPROVED PRICE
STAFF SALARIES & WAGES 2009 ACT, OVERTIME & PREMIUM PAY 2009 ACT, o Carnation Festival Overtime l. 00 25,000 . 00 TOTALS 01-102-600-619 Council annual salary 1 Mayor ' s annual salary
01-102-600-620 01-102-600-622 01-102-600-625 01-102-600-630 0 1 -102-650-651 01-102-650-654 01-102 -650-655 TEMP . PERSONNEL/NON HOU 2009 ACT , 8 . 00 7 , 200 . 00 1 . 00 10,080 . 00
TOTALS FICA EXPENSE-EMPLOYER 2009 ACT , MEDICAL/DENTAL/LIFE IN 2009 ACT , MEDICARE PORTION FICA 2009 ACT , ICMA RETIREMENT EXP 2009 ACT , OFFICE SUPPLIES 2009 ACTo PHOTOCOPY & PRINTING
E 2009 ACT , POSTAGE COSTS 2009 ACT , 01-102-650-660 OPERATING SUPPLIES 2009 ACT , 200 . 00 50 . 00 200 . 00 TOTALS Council Chambers Supplies . 00 Metro Mayors Youth Awards . 00 Transit
Alliance . 00 01-102-700-702 CONF . & MEETING EXP . o Civic Academy Annua l Open House/Town Meeti Council Dinner Meetings/Rece Council Orientation Counci l travel & Mtgs(CML) Leadersh
i p JeffeD Lobby Program Mayorr s Reception Vision & Strategic Plan Mtg/. 00 . 00 10 . 00 l. 00 9 . 00 5.00 . 00 .00 . 00 2009 ACT , 3,000 . 00 5,000.00 200 . 00 500 . 00 1,500 . 00
500 . 00 9 , 000 . 00 1,000 . 00 5,500.00 TOTALS 01-102-700-706 DUES , BOOKS, SUBSCRIPT 2009 ACT, 01 -102-700-712 01-102-700-716 DRCOG NLC Membership Trans i t Alliance CML 01-1 02-700-721
ANNUAL APPRECIATION DI 2009 ACT , LEGISLATIVE MEMBERSHIP 2009 ACT , 1 . 00 7,900 . 00 . 00 3,258 . 00 . 00 2,100 . 00 . 00 2 1, 823 . 00 TOTALS JEFFCO ANIMAL SHELTER 2009 ACT , APPROVED
TOTAL 55,246 21,539 25,000 . 00 25,000 . 00 REQUESTED QUANTITY 2010 FYR , 2010 FYR , l. 00 REQUESTED PRICE 43,393 EST , 16,550 EST , 25,000 . 00 67,960 2010 FYR , 57,222 EST , 57,600
. 00 . 00 7,200 . 00 10,080 . 00 1.00 10,080 . 00 67,680 . 00 7,815 2010 FYR , 2010 FYR , 2,044 2,210 2010 FYR, 606 2010 FYR , 245 2010 FYR , 2010 FYR, 313 2010 FYR , 200 . 00 . 00 50
. 00 . 00 200 . 00 . 00 450.00 31,851 3,000 . 00 5,000.00 2,000 . 00 500 . 00 13,500 . 00 2,500 . 00 9 , 000 . 00 1,000 . 00 11,000 . 00 47 , 500.00 2,639 1,679 35,787 7 , 900 . 00 3
, 258 . 00 2,100 . 00 21,823 . 00 35,081 . 00 2010 FYR , l. 00 l. 00 10.00 . 00 9 . 00 5 . 00 l. 00 . 00 2 . 00 2010 FYR, 2010 FYR, l. 00 l. 00 l. 00 . 00 2010 FYR , 5,852 EST , 1,533
EST , 1,736 EST , EST , 200 . 00 50 . 00 200 . 00 41,576 EST , 3 , 000 . 00 5,000 . 00 200 . 00 500 . 00 1 , 500 . 00 500 . 00 9,000 . 00 1,000 . 00 5,500 . 00 2 , 216 EST , 1,404 EST
, 35 , 111 EST , 7 , 900 . 00 3 , 258 . 00 2,100 . 00 2 1 ,823 . 00 Page hgeyeJ< REQUESTED TOTAL NOTE/JOB INFO 54,740 2011 BGT, 25,000 2011 BGT, 25,000.00 25,000 . 00 55,468 25,000 67,980
2011 BGT , 67,680 57,600.00 $600/month 10,080 . 00 67,680.00 7,635 2011 BGT , 1,785 2,219 600 2011 BGT , 500 450 2011 BGT , 200 . 00 50.00 200 . 00 450 . 00 59,350 3,000 . 00 5 , 000
. 00 2,000 . 00 500 . 00 13,500 . 00 2,500 . 00 7,654 1,790 2,219 600 500 450 47,500 1 9,000 . 00 NLC, breakfast, m m 1,000 . 00 11 , 000.00 47,500 . 00 3 , 950 2011 8GT , 6,500 36 ,
076 20118GT , 7,900 . 00 3,258 . 00 2,100 . 00 21,823 . 00 35,08l.00 o 3 , 950 6,500 35,081
10/19/10 16,59,01 ACCTS, 01-102* bu246-1s ORDER DESCRIPTION APPROVED UOM QUANTITY CITY OF WHEAT RIDGE BUDGET ITEMIZATION REPORT APPROVED APPROVED REQUESTED PRICE TOTAL QUANTITY REQUESTED
REQUESTED PRICE TOTAL Page hgeyer NOTE/JOB INFO -----------------------------------------------------------------------------------------------------------------------------------01-102-700-728
TRAINING 2009 ACT , 96 2010 FYR , EST, 2011 BGT, 1,500 01-102-700-740 AUTO MILEAGE REIMBURSE 2009 ACT , 478 2010 FYR , 375 EST , 600 2011 BGT, 600 01-102-700-750 PROFESSIONAL SERVICES
2009 ACT , 2010 FYR , 24,500 EST, 24,500 2011 BGT , 01-102-700-758 RENTALS AND LEASES 2009 ACT , 2010 FYR , EST, 2011 BGT , 01-102-700-759 TELEPHONE EXPENSE 2009 ACT , 2010 FYR , EST,
2011 BGT , 01-102-700-776 OTHER EQUIP . MAINTENAN 2009 ACT , 2010 FYR , EST , 0 2011 BGT , 01-102-700-780 OUTSIDE AGENCY CONTRIB 2009 ACT , 12,899 2010 FYR , 16,451 ESL 17,500 2011 BGT
, 29,000 0 Council Community Outreach 8. 00 1,500 . 00 12,000 . 00 8 . 00 1,500.00 12,000 . 00 Mayor Community Outreach 1. 00 5 , 500 . 00 5,500 . 00 1. 00 5,500 . 00 5,500 . 00 Outside
Agency Contributions 1. 00 11 , 500 . 00 11,500 . 00 1. 00 11,500 . 00 11,500 . 00 TOTALS 29,000 . 00 29,000. 00 01-102-700-795 UNALLOCATED FUND BALAN 2009 ACT , 2010 FYR , EST , 0 2011
BGT , 01-102-700-798 MANAGEMENT CONTINGENCY 2009 ACT , 2010 FYR, EST , 0 2011 BGT , 0 01-102-700-799 MISC . SERVICES & CHARG 2009 ACT , 15,651 2010 FYR , 15,114 EST, 17,090 2011 BGT
, 17,090 0 Applewood Business Assn . Fla 2 . 00 20 . 00 40 . 00 2 . 00 20.00 40 . 00 0 Barricades . 00 3,000 . 00 3,000 . 00 1. 00 3,000.00 3,000 . 00 0 Carnat i on Festival . 00 12,500
. 00 12,500 . 00 .00 12,500.00 12,500 . 00 Christmas Lighting/wagon . 00 1,500 . 00 1,500 . 00 1. 00 1,500 . 00 1,500 . 00 Memorial Day 1 . 00 50 . 00 50 . 00 . 00 50.00 50 . 00 TOTALS
17,090 . 00 17,090 . 00 01-102-800-802 OFFICE FURN & EQUIP 2009 ACT , 2010 FYR , EST , 2011 BGT , TOTALS 2009 ACT , 259,057 . 39 2010 FYR , 263,404 . 19 EST , 326,475 2011 BGT, 302,582
. . 00