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HomeMy WebLinkAboutCity Council Agenda Packet 10/12/2015~\ ~ = l'J ~~\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING October 12, 2015 7:00p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Administrative SeNices Director. 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 September 28, 2015 and Study Session Notes September 21, 2015 PROCLAMATIONS AND CEREMONIES Police Department presentation to Police Explorers for skills competition Wheaties Academy Proclamation 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 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING .1 Public Hearing on the proposed 2016 City Budget 2. Council Bill 22-2015 -repealing and reenacting Article II of Chapter 9 and amending Article II of Chapter 17 of the Wheat Ridge Code of Laws to regulate Smoking in Public Places CITY COUNCIL AGENDA: October 12, 2015 Page -2- ORDINANCES ON FIRST READING 3. Council Bill 23-2015 -approving a Zone change from Residential-One (R-1) to Mixed Use-Neighborhood (MU-N) for property located at 10191 W. 381h Avenue (Case No. WZ-15-06/Buck) 4. Council Bill 24-2015 -amending Section 5-38 and Chapter 16 of the Wheat Ridge Code of Laws, to place limits on the hours of private construction activity in the City and providing a remedy for violations of the same DECISIONS, RESOLUTIONS AND MOTION ~ Resolution No. 41-2015-adopting the Wadsworth Boulevard Planning and Environmental Linkage Study 6. Resolution No. 43-2015 -approving an Agreement with the Colorado Department of Transportation (COOT) for the Wadsworth Boulevard Widening Project from 351h Avenue to 481h Avenue 7. Motion to approve payment to Rocky Mountain Recreation, Inc. in the amount of $50,235.45 for the demolition, site work and installation of new playground equipment in Stites Park !L Motion to approve payment to Concrete Express, Inc. of Denver, Colorado, in the amount of $53,386 for the pu rpose of constructing a parking area at 43rd and Moore Street Trail Head as part of the Clear Creek Trail Construction Project CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING September 28, 2015 Mayor Jay called the Regular City Council Meeting to order at 7 :00p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Jerry DiTullio Zachary Urban Kristi Davis Bud Starker Tim Fitzgerald George Pond Tracy Langworthy Genevieve Wooden Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; Police Chief Daniel Brennan (sitting in for the City Manager); Community Development Director, Ken Johnstone; other staff and interested citizens. APPROVAL OF MINUTES OF August 24, 2015 and September 14, 2015 Without objection the minutes of August 24,2015 and September 14, 2015 were approved as published. PROCLAMATIONS A ND CEREMONIES CITIZENS' RIGHT TO SPEAK Thomas Slattery (WR) invited everyone to attend the Election Forum hosted by Wheat Ridge United Neighbors this Wednesday, September 30 at 7pm in City Council Chambers. All candidates that will be appearing on Wheat Ridge ballots will be speaking including those for City races and all the school board races. There will also be speakers for and against Wheat Ridge Question 300, the Library mil levy increase, and state issue BB. Kim Calomino (WR) In her work with community engagement and residential development she has seen the public and private sectors work together to enhance communities. She believes partnerships with investors and businesses are necessary. She thinks Wheat Ridge has made progress the last ten years in becoming pro-business and forward thinking. She sees passage of Question 300 as sending a message that WR is not open for business and that we will lose opportunities for revenue to our neighbors. She believes it would hurt our ability to expand shopping, dining and employment opportunities -which are all necessary to attract strong, committed households. The City Council Minutes September 28, 2015 kinds of residents we want to attract will be invested committed partners in our community. He encouraged the Council and citizens to vote no on measure 300. Page 2 Tim Rogers (WR) believes initiative 300 is political gridlock spawned by a small group of citizens who haven't shown that damage has been done by the current urban renewal process. He believes if it passes well-thought-out projects serving the majority will be controlled by a small group of voters who don't have the tools to make decisions about large construction projects. -He outlined what makes for a good review process by unbiased experts, not voters -one that developers should be able to expect and that the Urban Renewal Authority has the authority to perform. -He listed hardships he believes 300 will create for developers and contractors. He thinks it will give other cities a competitive advantage and require citizen motivation and knowledge to choose good projects. -He believes the current review process is transparent, and citizens are allowed to participate. He believes the community is being tricked into believing that building a grocery store has ruined the ability of Council, Planning Commission, and the Urban Renewal Authority to forge solutions that will help the long term needs of the City. Kelly Brooks (WR) is concerns about measure 300. He believes it will damage our ability to attract quality development, strong businesses and revenue. He predicts unintended consequences and doesn't think this shouldn't be in the charter. -He doesn't think WR is in high demand for developers. Since the recession ended in 2009 less than a handful of noteworthy commercial developments have located here, and most of them needed financial partnership. He listed a number of projects that will be in jeopardy if 300 passes. He doesn't believe we should tie the hands of City leaders. How we exploit or restrict the TIF mechanism will impact major development for the foreseeable future. He encouraged citizens to vote no on 300. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1:. Council Bill 20-2015-approving a zone change from Industrial-Employment (I- E), Commercial-One (C-1) and Agricultural-One (A-1) to Industrial-Employment (I-E) for property located at 4901 Marshall Street Councilmember Urban introduced Council Bill 20-2015. This zone change is the first step in the process for redevelopment of this site. All further site plan review and confirmation of compliance will be done by the staff with no additional public hearings required. Clerk Shaver assigned Ordinance 1582. Mayor Jay opened the Public Hearing. City Council Minutes September 28, 2015 Page 3 Ken Johnstone was sworn in by the Mayor and gave the staff presentation. He entered into the record the contents of the Council packet, the zoning and development code, and the City's Comprehensive Plan. Mr. Johnstone described the zoning of neighboring properties, the current zonings on the site, and what is called for in the Comprehensive Plan. • Much of the site is already zoned 1-E, the Comp Plan calls for 1-E and surrounding land uses are compatible with 1-E. • 1-E allows light manufacturing, storage, warehouse and other industrially related uses. The owner is requesting the entire property be zoned as 1-E. Staff recommends approval because it is consistent with the Comprehensive Plan, it will consolidate disparate zonings, the criteria for rezoning are supported, and the Planning Commission recommends approval. The applicant was present, but did not speak. Council questions followed: Councilmember Starker inquired what the ratio of office to storage would be and if it would be indoor or outdoor storage or both? • Mr. Johnstone stated that is not part of this application and will be subject to staff review and approval. • The expectation is a mix of the uses: climate controlled storage, independent one- story storage units, and office-industrial flex space facing Marshall-with flexibility for one or two story buildings for office, manufacturing or warehouse components within multi-tenant units. • Outdo.or storage of things such as boats and RVs is not planned. Mayor Jay closed the Public Hearing. Motion by Councilmember Urban to approve Council Bill No. 20-2015 -an ordinance approving a zone change from Industrial-Employment (1-E), Commercial-One (C-1) and Agricultural-One (A-1) to Industrial-Employment (I-E) for property located at 4901 Marshall Street on second reading, and that it take effect 15 days after final publication, for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements, as required by Section 26-109 of the Code of Laws. 2. The requested zoning has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112-E of the Code of Laws. seconded by Councilmember DiTullio; carried 8-0. City Council Minutes September 28, 2015 Page4 2. Council Bill 21-2015-An ordinance amending Sections 16-224, 16-225 and 16-226 of the Wheat Ridge Code of Laws, concerning Massage Parlors, to delete references to obsolete State Statutes and clarify Statutory Authority Councilmember DiTullio introduced Council Bill 21-2015. Massage Parlors are businesses that provide massage, excluding businesses that employ state-licensed massage therapists, training rooms of athletic teams, health care facilities and accredited/approved schools. This ordinance will delete references to three obsolete state statutes that were repealed as of August 5, 2015. The City will retain its right to license and regulate massage parlors (establishments that employ non-licensed massage therapists). Clerk Shaver assigned Ordinance 1583. There was no staff presentation. Mayor Jay opened the Public Hearing. No one was present to speak. Mayor Jay closed the Public Hearing Motion by Councilmember DiTullio to approve Council Bill No. 21-2015-an ordinance amending Sections 16-224, 16-225 and 16-226 of the Wheat Ridge Code of Laws, concerning Massage Parlors, to delete references to obsolete State Statutes and clarify Statutory Authority, on second reading, and that it take effect fifteen days after final publication; seconded by Councilmember Starker; Councilmember Urban received clarification from Mr. Dahl that the City currently has no licensed massage parlors. While the state is no longer regulating massage parlors, many cities regulate that type of business the same way they regulate sexually-oriented businesses. Often that serves as a disincentive to locate in those cities. One function of this ordinance will be to provide a tool for the City should that type of business choose to locate in Wheat Ridge. It provides a licensing and enforcement mechanism. Chief Brennan will be glad to work with any of the councilmembers on this. Motion carried 8-0. ORDINANCES ON FIRST READING 3. Council Bill22-2015-smoking ordinance repealing and reenacting Article II of Chapter 9 of the Wheat Ridge Code of Laws concerning Smoking in Public Places City Council Minutes September 28, 2015 Page 5 Councilmember Wooden introduced Council Bill 22-2015. This ordinance will bring the City Code into alignment with the Colorado Clear Indoor Air Act (CCIAA) with additions that will: Broaden the definition of "smoking" to include vaping and all other means of consumption that release secondhand smoke, vapor or particles into the air Prohibit outdoor smoking at City parks. playgrounds, facilities and events (such as the Carnation Festival) Prohibit smoking at public transit stops Permit smoking on the outdoor patios of restaurants and bars Expressly prohibit hookah bars • Reaffirm and reference the City's existing Code that prohibits the open and public consumption of marijuana and the operation of marijuana clubs Motion by Councilmember Wooden to approve Council Bill 22-2015. an ordinance repealing and reenacting Article II of Chapter 9 of the Wheat Ridge Code of Laws concerning smoking in public places, on first reading, order it published, Public Hearing set for Monday, October 12, 2015, at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication, seconded by Councilmember Langworthy; carried 8- 0. DECISIONS, RESOLUTIONS AND MOTIONS 4. Motion to approve the Annual Police Radio System Contract Payment to the City of Lakewood in the amount of $51 ,726.34 for Police Radio System Maintenance Services. Councilmember Fitzgerald introduced Item 4. The City currently shares use of the Mount Morrison radio site with the City of Lakewood and West Metro Fire. This new IGA provides a contract whereby the City of Lakewood radio technicians will maintain the radio infrastructure and equipment and invoice the City of Wheat Ridge for those servicers. It also allows West Metro Fire to invoice the City for site lease and utility costs on Mount Morrison. Chief Brennan spoke about the arrangement we have with Lakewood's radio technicians working on our radios and equipment. Motion by Councilmember Fitzgerald to approve payment to the City of Lakewood in the amount of $51 ,726.34 for police radio system maintenance services; seconded by Councilmember Pond; carried 8-0. City Council Minutes September 28, 2015 Page 6 5. Resolution No. 39-2015 -approving an Intergovernmental Agreement between the City of Wheat Ridge, the Urban Drainage and Flood Control District (UDFCD) and the City of Golden regarding funding of a study to modify the Regulatory Hydrology on Clear Creek Councilmember Starker introduced Resolution 39-2015. This IGA will allow Wheat Ridge to participate in an effort by the City of Golden and Urban Drainage to modify the regulatory hydrology on Clear Creek. Golden has been collecting historic flow data from USGS gauges on Clear Creek for many years. Following FEMA's recent changes to the floodplain map, which impacted both Golden and Wheat Ridge, Golden evaluated the data and realized the actual gauge readings are lower than the calculated flows. The plan is for Golden, Wheat Ridge, and Urban Drainage to team up and apply for a revision to the floodplain map. The City's share of this project will be $10,000. Mr. Dahl stated he reviewed the IGA. Some small corrections he requested have been made. Mark Westberg said that being able to drop the cfs from 12,000 down to 9,000 in Golden will hopefully mean we can lower our cfs from 15,000 to 12,000. This would have a tremendous impact on the floodplain map. Staff is excited about this-calling it the best $10,000 we've ever spent on anything related to floodplains. As soon as this is resolved in the spring, an application process with FEMA will begin and hopefully some properties will be removed from the floodplain map. This is a good thing for residents. Motion by Councilmember Starker to approve Resolution 39-2015 -a resolution approving an Intergovernmental Agreement between the City of Wheat Ridge, the Urban Drainage and Flood Control District (UDFCD) and the City of Golden regarding funding of a study to modify the Regulatory Hydrology on Clear Creek; seconded by Councilmember Wooden; carried 8-0. 6. Resolution No. 40-2015-amending the Fiscal year 2015 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $20,000 for the purpose of reserving events at 2015 pricing for the 2016 Carnation Festival Councilmember Davis introduced Resolution 40-2015. The Carnation Festival committee has requested this $20,000 now so they can reserve the fireworks and carnival for next year's festival at 2015 prices. Adequate reserves are available in the General Fund undesignated fund balance. City Council Minutes September 28, 2015 Page 7 Motion by Councilmember Davis to approve Resolution No. 40-2015, a resolution amending the Fiscal year 2015 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $20,000 for the purpose of reserving events at 2015 pricing for the 2016 Carnation Festival; seconded by Councilmember DiTullio; carried 8-0. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS Clerk Shaver rem inded councilmembers and board and commission members to RSVP for the Board and Commission Appreciation Dinner on October 13. Jerry DiTullio read portions of a letter from a District 1 resident about the City cutting down her 5 large maple trees that bordered her property. This started over two years ago. She was promised the trees would be replaced and was asked to choose replacement trees. She'd like the trees replaced. He asked the Chief, as Acting City Manager, to have staff give her a call; he said they would. Kristi Davis thanked all the folks who serve on the Boards and Commissions as she will be unable to attend the dinner -She thanked the people who are putting on the Election Forum on Wednesday. Bud Starker thanked Wheat Ridge United Neighborhoods for putting on the Forum and encouraged people to tune in or come watch. Genevieve Wooden thanked WR2020 for hosting the Mid-Century home tour this last Saturday, and the people who had their homes be part of the tour. -She announced a meeting on Tues, Oct 6 from 7-9pm at the Rec Center. A representative from COOT will be there to give an update on the projects for 1-70. -She said the Freddie Steinmark movie premieres on Nov. 13. She has given councilmembers Freddie Steinmark #43 t- shirts. The book signing event is this Wednesday, September 30 at the high school, with the author, and Freddie's family and friends on hand. Tickets are available for $25 on the school website. The next night is the homecoming game. Tracy Langworthy thanked Zach Urban for running in the Farmer 5000. She said Wilmore Davis had the most students participate. -She thanked the homeowners for the Mid-Century home tour. George Pond added his praise for the home tour; he was not able to attend. Mayor Jay thanked United Neighborhoods for their work putting on the Candidate/Issues Forum this Wednesday. She also noted the League of Women Voters' forum on Question 300 on Wed, October 7. City Council Minutes September 28, 2015 Page 8 ADJOURNMENT The meeting was adjourned at 7:48 pm . Janelle Shaver, City Clerk APPROVED BY CITY COUNCIL ON October 12, 2015 Bud Starker, Mayor Pro tern 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. STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W . 29th Avenue September 21, 2015 Mayor Jay called the Study Session to order at 6:30p.m. Council members present: Jerry DiTullio, Bud Starker, Zachary Urban, Kristi Davis, Tim Fitzgerald, Genevieve Wooden, and Tracy Langworthy Absent: George Pond Also present: City Clerk, Janelle Shaver; City Manager, Patrick Goff; Administrative Services Director, Heather Geyer; Parks Director, Joyce Manwaring; Police Chief, Daniel Brennan; Public Works Director, Scott Brink; Community Development Director, Ken Johnstone; Court Administrator, Kersten Armstrong; City Treasurer, Larry Schulz; other staff and interested citizens. PUBLIC COMMENT ON AGENDA ITEMS Joe DeMott (WR), chair of the Carnation Festival, played a You Tube video about the Carnation festival. They're hearing this year's festival was by far the best. They had good sponsorship -the City being the largest. 25,000 people attended. There are things that can be done to make it bigger and better. Last year they asked for $80K and got $50K. They are again asking for $80K so they can address some of the issues. Volunteers are just not enough to handle 25,000 people; they had to call in temporary help with security after Friday night They made money this year, but there are expenses before the festival that can't be recouped. Weather is always a consideration. They'd like a little more from the City to make it better and better every year, but everything costs money. They want to improve the fireworks; a WRHS alum has offered to help with that There are commitments to be made soon for next year and what they have in the bank will go for that We're now a regional festival-competing with other festivals. Gina Hallisey (Arvada), event planner for the Carnation Festival, presented to the City the marketing book and a commemorative signed poster. She read a letter from Sen. Cheri Jahn thanking the City, telling how the Festival now draws crowds from neighboring areas, and how more local and some large businesses have become sponsors. She's done fund raising since 2008 and it is becoming difficult. Community expectations are high now, and volunteers aren't enough. She believes the City should donate a minimum of $80,000. Ms. Hallisey noted we have surpassed other festivals and are becoming a destination. She referenced the budget provided to Council. Fixed general expenses before the event started totaled $160K; improvements for next year will make it $177.5K. Guaranteed pre-event revenue is $24K in vendor fees -not counting sponsorships. Funds needed to cover expenses for next year are $153K and they have $60K in the bank. The risk is $93K. She said they think they can come up with $13K in sponsorships, so $80K from the City would allow them to continue to grow the festival so it becomes self-sustaining. STUDY SESSION NOTES: September 21 ,2015 Page -2- Mr. Goff noted that the budget being presented tonight provides $67 .5K, plus $22.5K for police overtime, and received clarification from Ms. Hallisey that their request tonight is to increase the $67.5K to $80K. APPROVAL OF AGENDA 1. Presentation and Review of Proposed 2016 Budget Link to the budget is available at http://www.ci.wheatridge.co.us/1 320/2016-Proposed- Budget Mr. Goff and the department heads presented the proposed 2016 budget. Financial Health of the City -Revenues have increased steadily since the recession, especially the last three years. 2016 revenue should be slightly over $30M. -Expenditures were kept flat following the recession (when cuts were made), but we've gradually been able to increase expenditures as revenues increased. Increased expenditures in 2014-2016 have primarily been related to economic development and included large one-time expenditures: paying off the loan at 441h Upham (2013), the $1M cash incentive for Kipling Ridge (2014), purchasing solar panels (2015), and ESTIP/TIF payments (2016). 2016 expenditures should be a little over $30M. -Capital expenditures have increased steadily since 2010 -made possible with transfers from the General Fund , but the 2016 CIP budget will be about $2M below 2015. Short-term Budget Picture The 2016 budget is balanced. • $775,000 in department requests were cut. Four new position requests and $261 ,000 in fleet maintenance were deferred. $983,000 is transferred to reserves and $2.8M is transferred to CIP. $100,000 is transferred to the Capital Equipment Replacement Fund. Projected Reserves of 17% will be maintained. Long-term Fiscal Challenge Continued reliance on the General Fund for more infrastructure projects. Grants are helpful, but economic development continues. 2016 Total Projected Revenue (All Funds) are expected to be fairly status quo. $38,427,846 Projected revenues +$11 .490,671 Beginning fund balance $49,918,517 Total available funds 2016 Total Proposed Expenditures $42,212,869 -includes General Fund (72%), CIP (16%), and 8 special revenue funds STUDY SESSION NOTES: September 21 , 2015 Page -3- (Rec Center 6%, Open Space 3%, Conservation Trust Fund 1%, other special funds 2%) This is about a 5% decrease compared to 2015. In 2015 Open Space had money for the Clear Creek trail and the Parks storage facility; Public Works had the Kipling Trail and did more preventative maintenance than is planned for 2016. General Fund Budget Projected General Fund Revenues $31 ,980,290 Projected Revenues (1 .2% increase from 2015) + $ 8.271 ,981 Beginning Fund balance $40,252,271 Total Available Funds Revenue sources: Sales tax 60%, Use tax 11%, other taxes 8%, lntergov. 6%, Licenses 5%, Services 4%, Fines 2%, Property tax 2%, other 2% Proposed General Fund Expenditures $30,997,144 Projected Expenditures (0.4% increase from 2015) $31 .980,290 Projected Revenue $983,146 Maintain Fund Balance Unrestricted fund balance is $5,282,127 (17%) Expenditures by department: Police 32%, Public Works 15%, Parks 15%, Admin Services 11 %, Central Charges10%, General Govt (incl. City Council, Clerk, Treasurer, City Manager, Econ Dev, City Attorney) 10%, Community Development 4%, Court 3% Breakdown of expenses by Council goals: Goa/1: Economically viable commercial areas Urban renewal projects (annual contribution) -$300,000 ESTIPffiF payments-$802,000 • ESTIP (CO Plus, Green Herb, W 291h Ave Restaurant), • TIF (Kipling Ridge, Wheat Ridge Corners and WR Cyclery) Ridge at 38 public events (4): -$1 20,000 (increased from 2015) Ridgefest, Tree Lighting, Criterium, Trunkffreat) Citywide public relations and marketing efforts (contract w/ public relations firm)-$43,50 0 WR Business District (WRBD) grant program (for exterior improvements)-$45,000 Live Local events (WR2020)-$50,000 (small increase) Building Up Business Loan program (BUBL) (WR2020) -$25,000 Realtor, new resident and developer positioning tours (WR2020)-$20,000 44th Ave Corridor marketing -$5,000 291h Ave Marketplace marketing -$5,000 Ridger at 38 banners and lights program -$25,000 Ward Road Gold Line opening party -$20,000 Goal 2: Financially sound I Providing exceptional services Preventative street maintenance -$1.9M Fleet acquisition and replacement -$564,200 Employee compensation-3% projected pay-for-performance-$450,000 Firewall electronic security software -$230,000 STUDY SESSION NOTES: September 21 , 2015 Page -4- Continued regionalization of RMS (Police records) -$139,000 Lakewood crime lab services -$63,000 Regional crime lab -$31 ,280 Employee safety and wellness programs -$29,680 Priority Based Budgeting (year 5)-$15,000 Goal 3: Desirable neighborhoods Prospect Park improvements -$700,000 Outdoor pool maintenance -$155,000 Rec Center maintenance -$236,150 Active Adult Center parking lot replacement-$50,000 TLC program (neighborhood Traffic safety, Life quality and Crime reduction) -$40,000 Discovery Park cameras -$20,000 Traffic signal upgrades-$16,600 Home Investment Loan Program (HIP) (WR2020)-$25,000 Police Dept community-oriented neighborhood programs -$17,655 Police Dept greenbelt patrol -$30,000 Police Dept special events overtime -$15,000 Goal4: More Attractive WR Kipling St multi-use path and lighting -$835,000 (part grant funded) Discovery Park ADA accessibility playground -$80,000 Parks & trail maintenance projects -$75,000 Citywide right-of-way maintenance -$59,530 Open Space improvements -$50,000 Bus shelter and bench maintenance and cleaning -$16,000 Large-item pickup program -$5,000 Other notable budget items: Carnation Festival/Circus -$67,500 (up $17,500 from last year; plus in-kind services of $22,500) (Mr. Goff noted additional request made earlier during public comment.) Seniors Resource Center (SRC) circulator bus -$35,000 ($5,000 increase from 2015) Carnation Festival Battle of the Bands -$2,500 Arvada Food Bank -$15,000 Feed the Future backpack program-$10,000 Outside agency requests $11 ,500 • Action Center-$1 ,600 • Arapaho House-$1 ,300 • CASA of Jeffco -$1 ,000 • Family Tree-$1 ,000 • Glass Hearts -$400 • Jefferspon Center for Mental Health -$1 ,100 • Ra Is ton House -$1 , 000 • Seniors' resource Center -$1 ,400 • Wheat Ridge Optimists Club -$1 ,200 Regional Air Quality Council (RAQC) -$4,000 Kite Festival -$2,000 Exempla Lutheran Leaves of Hope event -$2,500 STUDY SESSION NOTES: September 21 ,2015 Page -5- Jefferson Center for Mental Health -$2,500 WRHS Farmers 5000 -$2,500 Wheat Ridge Active Transportation Advisory Committee (ATAT)-$1,500 Outdoor Lab foundation-$19,940 Socrata Open Budget transparency software-$7,500 (Helps citizens get information) Contractual services for specialize sales and use tax audits-$41,250 (Should bring in $130K in direct revenues and prompt more diligent compliance for use tax.) Fleet Replacement (based on age and mileage/hours): $564,200 Jet-Vac (to keep drainage and storm sewer lines open) -$251,000 Active Adult Center Mini-bus-$82,000 Police vehicles (2 for code enforcement)-$135,000 Public Works vehicles (truck) -$34,500 Parks & Rec vehicles (2 small trucks)-$61,500 • Anticipated needs for fleet replacement the next four years include: 2017 $1 ,000,000 (includes street sweeper deferred from 2016) 2018 $ 998,000 2019 $775,000 2020 $823,000 CIP Budget Total Available Funds: $5,907,560 disbursement Distribution: Street improvement projects 61%, preventative maintenance 29%, drainage projects 5%, NTMP (traffic calming) 2%, gateway signs 2%, bike/ped improvements 1% CIP Major Projects -Scott Brink Preventative street maintenance projects -$1.9M Wadsworth EA project (environmental assessment) -$1.5M Completion of Kipling trail improvements -$835,000 (part grant funded) Gold Line Station street improvements (Tabor Street)-$740,000 (grant funded) 29th & Fenton intersection improvements-$350,000 (pending completion of reservoir) Drainage improvement projects -$279,821 Reconstruction of outfalls into Clear Creek (near Balsam; near Marshall} Public improvement projects related to development-$100,000 Neighborhood Traffic Management Program -$50,000 Entryway signs -$50,000 ADA transition plan for improving sidewalk accessibility -$50,000 Bike/Pedestrian Master Plan -$25,000 CIP-2016 and beyond (Needs) o We transfer $3M a year from the general Fund for CIP projects. o We will need $5.5M from the General Fund in 2019 for Wadsworth reconstruction STUDY SESSION NOTES: September 21 , 2015 Page -6- Open Space Fund (from Jeffco Open Space tax) -Joyce Manwaring Revenues $1 ,058,000 Total Available Funds $1 ,717,239 Expenditures $1 ,629,337 Ending Fund Balance: $87,902 Project Highlights • Open Space improvements -replace Bass Lake retaining wall $50K • Improvements to Public Works and Parks Ops facility (add covered shelter to protect equipment $150K • Improvements to Prospect Park (Biggest project for 2016; improve drainage on softball field; add a soccer field ; new shelter) • Complete masterplan design for renovation/improvements to Prospect Park $80K (budgeted in 2015) • Outdoor pool maintenance (2015 project; resurfacing of leisure pool; repair toys) • Parks maintenances projects (several; water table at Hopper Hollow; shade structures at Discovery Park; other) Trail replacement and repair (Johnson Park) Matching funds for the Jeffco Open Space River Corridor signage project ($25K) Conservation Trust Fund (Lottery Funds) -Joyce Manwaring Revenues $300,500 Total available funds: $515 ,878 Expenditures $493,150 End ing Fund Balance: $22,728 Project Highlights • Rec Center maintenance projects (variety) -$236K • Rec Center pool facility improvements and replace frog slide • Active Adult Center parking lot replacement • Discovery Park ADA accessibility for the playground (per new federal law) • Parks maintenance projects • Resurfacing of tennis and basketball courts 2016 Staffing changes-overall net increase of 0.5 FTE's • New Position: 1.0 FTE maintenance worker II (Public Works) • Previously grant funded : (grant requires to keep position for one extra year) 1.0 FTE Vice/Intelligence Detective (Police Officer II) Massage parlors, prostitution, human trafficking , gambling, liquor/marijuana enforcement training, gangs, etc. {Will allow us to be more proactive, not reactive) • Position FTE increases: 0.5 FTE Recreation coordinator, Act Adult Ctr (Parks) • Position FTE decrease: 1.0 FTE School Resource Officer (Police) 2016 Staffing by Fund-General Fund 210.875, Rec Center 11 .5, Crime Prevention 4.5 Open Space 5 2016 Staffing by Department-Police 107, Parks/Rec47.125, Public Works 30, Admin Services 21 .5, Community Development 12, Municipal Court 10.25, General Gov 4 Employee Benefits Highlights -Heather Geyer • Year 4 of new Pay-for-Performance Plan • $450,000-3% increase (comparable to the market) STUDY SESSION NOTES: September 21 , 2015 Page -7- • 2015 Market Study-average 3% increase in both sworn and civilian pay plans • Medical benefits-8.3% increase to be absorbed by employees (negotiated down from 12%; still much less than market) • Employees are very engaged in the wellness program activities Public Hearing on the budget -October 12 Discussion and questions followed. • The Vice/Intelligence position was grant funded , so not considered a new FTE. • The ESTIP and TIF payments of $802,000 come from sales tax that is collected. • The four new positions that were NOT funded are 1 maintenance worker, 1 human resources tech, 1 SRO and 1 senior liaison. • Right-of-way maintenance does include some work with COOT on 1-70. • We subsidize the Carnation Festival. It contracts with the Circus. • The request for funds for Outdoor Lab is from the School District (for WR kids). • Fleet replacement is replacement of existing units. • ADA transition plan funds will finish the 2015 plan and allow for some projects. Would be possible to coordinate with the bike/ped master plan. • NTMP: In 2015 will not use all the $50K budgeted. Program going well. • Elimination of the SRO? We aren't at full strength; 1 granted position eliminated • Discussion of permanent speed boards on Harlan. • Discussion of the Carnation Festival budget as it relates to the Circus: If they want the extra $20K they have to replace the Circus as a main attraction. Councilmember DiTullio received consensus to increase the Carnation Festival contribution by $20K, with the condition that they get rid of the Circus. Councilmember Langworthy excused herself at 8:34pm. • Further discussion about the Festival • Discussion about reducing money for Battle of the Bands to $1 ,000 and giving the savings to some of the outside agencies. Consensus by Councilmember Wooden to amend the funding for the Battle of the Bands to $1 ,500 and transfer the remaining $1 ,000 to the other outside agencies. • The $5 .5M for Wadsworth reconstruction in 2019 is only the City's share. • Discussion of credits for the solar garden. • Discussion of funding for WR2020: 2016 funding is $421K ($67,000 less than they asked for, but $40K more than 2015). $120,000 is for the 4 main events (up from $80K in 2015; $140K was requested for the events). Could they get other funding sources? They are important events -the personality of WR. We have no budget from them like the Carnation Festival provides. STUDY SESSION NOTES: September 21 , 2015 Page -8- • Marketing money for 44th Av and 29th St is not WR2020 money; it's in the Economic Development budget. • 38th Ave Lighting and Banner program is WR2020's program (City installs). • Discussion of the Gold Line grand opening party: Funded by the City. Nov 2016. Events Th, Fr and Sat are being coordinated with Arvada. RTD will fund some. Would be good to have a budget about this. • Discussion about removing $10,000 from the bus tours ($20K; up $5K from 2015) and using the money for commercial marketing (44th & 29) rather than residential. Mr. Goff indicated a line item budget and narrative is available and he will get it to Council. • Discussion of budget for gateway sign at 26th& Kipling as it redevelops. Mr. Brink indicated the funding is adequate. ADJOURNMENT The Study Session adjourned at 9:03 p.m. J elle Shaver, Ctty Clerk APPROVED BY CITY COUNCIL ON October 12, 2015 Bud Starker, Mayor ProTem ~ ' <( ...... • .,. City or • JP""W heatRi_dge ITEM NO:_L_ DATE: October 12, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: PUBLIC BUDGET ~ PUBLIC HEARING 0 BIDS/MOTIONS 0 RESOLUTIONS QUASi-JUDICIAL: ISSUE: HEARING ON THE PROPOSED 2016 ClTY 0 OROrNANCES FOR I ST READING 0 ORDINANCES FOR 2 ° REA OrNG 0 YES ~ NO ~~ Sections 10.7 and I 0.9 of the Wheat Ridge City Code require that a public hearing on the proposed budget be conducted before its final adoption and that the budget be adopted by resolution on or before the fina l day (December 15, 20 15) established by state statute for the certification of the next year's tax levy to the cow1ty. A public hearing to receive input from citizens on the budget is scheduled for October 12, 2015. Adoption of the 2016 Budget has been scheduled for October 26, 2015 at the City Council meeting. Staff will prov1de a short presentation on the proposed 2016 budget during the public hearing portion of the meeting. Overall, the proposed 20 16 budget includes the following: • S7.3 million in proposed expenditures directly linked to City Council strategic goals • A balanced General Fund budget in the amount of $30,997,144 • A transfer of$983,000 to reserves to maintain 17 % minimum reserve level • A General Fund transfer of$2,800,000 to the Capital Investment Program (CIP) • A General Fund transfer of$1 00,000 to the Capital Equipment Replacement Fund • A .4% increase in the General Fund budget compared to the adjusted 2015 Budget • Proposed CIP Fund in the amount of$5,879,821 • Special Revenue Funds in the amount of$5,335,904 • Proposed budget (all funds) in the amount of $42,212,869 Council Action Fonn -Public Hearing on the Proposed 2016 Budget October 12, 20 15 Page2 PRIOR ACTION: • July 13. 2015 -fi rst public meeting to provide opportunity for citizens to comment on the budget • Ju~v 27. 2015 -second public meeting to provide opportunity for citizens to comment on the budget • September 14. 2015 -proposed 20 15 budget books were di stributed to City Council and made available for public review • September 21, 2015 -City Manager made a budget presentation to City Council during the Study Session • October 12. 2015 -as required by Section I 0. 7 of the Wheat Ridge City Charter a public hearing was conducted to provide an additional opportunity for ci tizens to comment on the proposed budget prior to its adoption. Notification of the public heari11g was made on the City Website, City Facebook page, and in the Wheat Ridge Transcript. • The proposed budget was made available for review by the public at the fo llowing location: \Vbeat Ridge City Hall City Clerk's Office 7500 West 29111 Avenue The 2016 proposed budget was also available for purchase from the City Clerk's Office. based on the City's fee schedule. Additionally, the proposed budget and PowerPoint presentation from the budget retreat and public hearing were made available to the public at www.ci.wbeatridge.co.us. FINANCIAL IM PACT: A total budget of$42.2 12,869 (all funds) is proposed. BACKGROUND: At the September 2 1, 2015 Study Session, City Council provided staff with consensus to bring the proposed budget to public hearing and adoption. based on the following direction: • Carnation Festival -reduce the City's contribution to $60,000 and request the Festi val bring back information on a new main event. • Outside Agency Comribution Program -reduce the City's contribution of $2,500 for the Battle of the Bands at th e Carnation Festival to $1.000 and reallocate the $1.500 reduction amount to the Outside Agency Contribution program. An updated.funding breakdown for the program is included in Atlachment I. • WR2020 -requested detailed information on WR2020 budget and an updated narrative with justification for each funding request. The req11ested addirional il!(ormation is included in Attachment 2. Council Action Fonn-Public Hearing on the Proposed 2016 Budget October I 2, 20 I 5 Page 3 Pending further direction on the proposed budget from City Council, any changes requiring number updates to the budget will be included in the October 261h Council packet. The 2016 proposed budget message, found on pages I -10 of the budget book, is included below: OVERALL SUMMARY Wheat Ridge's total proposed General Fund operating budget for 2016 is $30,997,144 excluding transfers. The City's total2016 operating budget represents a .4% increase compared to the adjusted 2015 Budget. The projected 2016 General Fund ending fund balance is $6,355,127. Of this amount, $5,282, I 27, or 17% of expenditures, is considered the unrestricted fund balance. The City's financial policies require that the City maintai n a minimum unrestricted fund balance of at least two months or approximately 17% of its General Fund operating expenditures, as recommended by the Government Finance Officers Association. The total adopted City Budget for 2015, which includes the General Fund, CIP and Special Revenue Funds, is $42,2 I 2,869. The CIP Budget is at $5,879,82 I and the eight Special Revenue Funds' proposed budgets total $5,335,904. Sales tax, the City's largest revenue source, is projected to increase by 7% for 2016, compared to the 20 15 estimated revenue. Sales tax revenue is projected to increase by 8% compared to 2015 adjusted revenue. Overall, total General Fund revenues for 2015 are projected to increase by .2% compared to 2014 actual revenue (3.3% when one-time audit revenue in 2014 are excluded) and increase by 10% compared to 2015 adjusted revenue. However, 2016 proposed total General Fund revenues are projected to increase by 3.9% compared to 20 I 5 estimated revenues (excluding one-time loan proceeds in 2015 for solar panels). TI1e estimated 2015 Budget ending fund balance is $8,271,981, of which $6,991,485 or 23.8%, of operating expenditures is considered the unrestricted fund balance. The proposed 2016 Budget ending unrestricted fund balance is projected to decrease to $5,282,127, or 17% of operating expenditures, to allow for a $2.8 million transfer to the CIP Budget. LONG-TERM FISCAL CHALLENGES Long-term fiscal sustainability remains one of the City's greatest challenges. The City's 2016 - 2024 Capital lnvestment Program (CIP) budget demonstrates the severity of our funding gap in regard to unfunded capital needs. The 2016 Proposed Budget includes a transfer of $2,800,000 from General Fund undesignated reserves to the CIP budget Beyond 20 16, funding the CIP will continue to be difficult unless new dedicated revenue sources are id entified. WHEAT RIDGE FIVE-YEAR GOALS The Mayor, City Council and staff work together annually to develop and update a strategic plan that includes a vision, goals and action agenda. Staff used these goals as a guide to develop strategies and prioritize projects for the 2016 Budget Council Action Form -Public Hearing on lhe Proposed 2016 Budget October 12 , 2015 Page4 The Mayor and Council identified four key strategic goals for the next five years: I. Economically Viable Commercial Areas 2. Financially Sound City Providing Quality Service 3. Choice of Desirable Neighborhoods 4. More Attractive Wheat Ridge In addition. the Mayor and City Council agreed to the following 2015/2016 Action Agenda: • Revenue enhancement • Engage development and redevelopment opportunities • Community I neighborhood building • Code enforcement • 38th A venue Corridor implementation • Targeted housing incentive policies • Multi-modal transportation The proposed 2016 Budget includes the to Uowing expenditures to address the Five-Year Goals and the 2015/2016 Action Agenda: (Division#) Goal 1: Economically Viable Commercial Areas • Urban renewal funding for Renewal Wheat Ridge (RWR) projects $300,000 ( 105 to R WR) • Enhanced Sales Tax Incentive Program (ESTrP)rfax Increment Financing (TIF) $802,000 (I 05) • Ridge at 38 public events $120,000 (1 05) • Citywide public relations and marketing efforts $43,500 (I 05 & 11 3) • Wheat Ridge Business District (WRBD) grant program $45,000 (1 05 to WRBD) • Live Local events $50,000 (105 to WR2020) • Building up Business Loan Program (BUBL) $25.000 (I 05 to WR2020) • Realtor, new resident and developer positioning tours $20,000 (I 05 to WR2020) • 441h A venue Corridor marketing efforts $5,000 (I 05) • 291h Avenue Marketplace marketing efforts $5,000 (105) • Ridge at 38 banners and lights progran1 $25,000 (I 05) • Ward Road Gold Line Opening Party $20,000 (113) Goal 2: Financially Sound City Providing Quality Service • Preventati ve street maintenance $1.9 million (CIP Fund) • Fleet acquisition and replacement $564,200 (303) • Employee compensation -3% projected Pay-for-Performance $450.000 (61 0) • Firewall electronic security software -$230,000 (Fund 57) • Funding for continued regionalization of RMS $139.000 (Fund 57) • Lakewood crime lab services $63,000 (212) • Regional crime lab $31 ,280 (2 12) • Employee safety and wellness programs $29,680 (I 12) • Priority Based Budgeting (year 5) $15,000 ( 11 I) Council Action Form -Publ ic Hearing on the Proposed 2016 Budget October 12, 20 I 5 Page 5 Goal 3: Choice of Desirable Neighborhoods • Prospect Park improvements $700,000 (OS Fund) • Outdoor pool maintenance $155.000 (OS Fund) • Recreation Center maintenance $236,150 (CT Fund) • Active Adult Center parking lot replacement $50,000 (CT Fund) • Traffic Safety, Life Quality and Crime Reduction (TLC) Program $40,000 (105 to WR2020) • Discovery Park Cameras $20,000 (603) • Traffic signal upgrades $16,600 (303) • Home Investment Loan Program (HIP) $25,000 (I 05 to WR2020) • Police Department community-oriented neighborhood programs $I 7,655 (2 I I) • Police Department greenbelt patrol $30,000 (211) • Police Department special events overtime $15,000 (2 I I) Goal 4: More Attractive Wheat Ridge • Kipling Street multi-use path and lighting $835,000 (ClP Fund)-partially grant funded • Discovery Park ADA Accessibility Playground-$80,000 (CTF) • Parks & trails maintenance projects $75,000 (CTF and OS Funds) • Open Space improvements $50,000 (OS Fund) • Citywide right-of-way maintenance $59,530 (603) • Bus shelter and bench maintenance and cleaning$ I 6,000 (303) • Large-item pickup program $5,000 (303) Additionally, the fo llowing budget expenditures are not directly related to any one of the City Council goals, but are worthy of noting and are included in the proposed 20 I 6 Budget: • City sponsorships/community partnerships: o Carnation Festival/Zoppe Family Circus $67,500 and in-kind assistance $22,500 (I 02) increased request by $17,500. City Council provided consensus to reduce this amount to $60,000. o Senior Resource Center (SRC) circulator bus $35,000 (I 02) increased request by S5.000 o Carnation Festival Battle of the Bands $2,500 (I 02). City Council provided consensus to reduce this amount to $1,000 and reallocate the $1,500 to the Outside Agency Program. o Arvada Food Bank SJ 5,000 (102) o Feed the Future Backpack Program $10,000 (I 02) o Outside agency requests $1 I ,500 (I 02) o Regional Air Quality $4,000 ( 1 02) o Kite Festival $2,000 (1 02) o Exempla Lutheran Leaves of Hope event $2,500 (I 02) o Jefferson Center for Mental Health $2,500 (1 02) o Wheat Ridge High School Farmers 5000 $2,500 ( 1 02) o Wheat Ridge Active Transportation Advisory Committee$ I ,500 (1 02) o Outdoor Lab Foundation $19,940 (I 02) Council Action Fonn-Public Hearing on the Proposed 2016 Budget October 12, 20 I 5 Page 6 o Socrata Open Budget transparency software $7,500 (101) o Contractual services for specialized sales and use tax audits $4 I ,250 ( 115) A TRADITION OF EXCELLENCE IN A.C.T.I.O.N! The City of Wheat Ridge has earned a reputation for repositioning itself and becoming a community of choice. In 20 I 5, the City celebrates the I Oth anniversary of the development of the Neighborhood Revitali zation Strategy ( RS) plan. This grassroots. community-driven planning document has guided the transfonnation the City has experienced over the past ten years. The City has received numerous state and national awards for its local partnerships and innovative approaches to service delivery. The City's reputation was created by the excellent stewardship provided by past City Councils and staff at all levels. An Engaged Community A commit ment to excellence has helped position the City to respond and plan for the needs of the future. The City prudently responded to the fiscal challenges oftbe recent recession by making cuts and deferring expenses while minimizing impacts to the levels of service. As the recessionary period winds down, the City is seeing a po itive shift in co mmunity engagement. The demand for services. ameniti es, and community events that provide opportunities for citizens to come together has increased. Participation in educational academies, involvement on boards and commissions. and overall. participation in community and neighborhood planning efforts has also increased. The City has an extremely engaged community, focused not only on the short-tenn viability of the City, but more importantly. on the long-tern1 sustainability of the City. An Engaged Organization City sta ff, at all levels, continuall y approach their jobs looking for ways to improve the level of service, contain costs. improve efficiency, leverage partnerships and generate innovative ideas so the community receives the best possible service. The City actively pursues grant opportunities and has a solid track record of success in receiving grants. For example, the City received a $25 million grant from DRCOG in 2015 for the reconstruction of Wadsworth Boulevard. City staff is empowered to continue to look for additional cost-effective opportunities to partner with local and regjonal organizations, to explore and expand the use of alternative service delivery opportunities. to continue to use volunteers where feasible, to increase cost recovery. and to discontinue or reduce service standards for th ose programs that are that are less of a priority. Priority Based Budgeting Ln 2015. the City embarked on year four of the Priority Based Budgeting (PBB) process. The City has received national recognition and interest from other local governments who are considering switching to a priority-driven budget. The City engaged the Center for Priority Based Budgeting in 2012 to facilitate the transition from a more traditional incremental budgeting process to a pliority-driven budgeting process. The Center's mission is to "lead communities to fiscal health and wellness." Priority Based Budgeting is another tool that will aJiow the City's management team to improve the programs and services provided by aligning resource allocation with the results the City is working to achieve. Council Action Form -Public Hearing on the Proposed 2016 Budget October 12, 2015 Page 7 The primary area that we continue to integrate into the budget process is the focus on budget variances. Budget variances generally occur because certain line items must be budgeted based on projected use such as staffing, fuel, and utilities. However, circumstances such as employee turnover, the weather or the economy dictate what those true expenditures will be on an annual basis. For example, if we experience an unusually bad winter or fuel prices skyrocket, mid-year supplemental budget appropriations may be required. In addition to continuing the variance exercise for development of the 2016 Budget, staff added a contingency reduction exercise. Included in the City Manager's Budget is a management contingency fund in the amount of $75,000. This is the result of a consolidation of City-wide contingency funds in 2014 which enabled staff to cut approximately $70,000 from the 2014 proposed budget. ln the past, contingency funds have been budgeted for carrying out policy direction by City Council that may not be planned for at the time of budget development. An example of this would be engineering or design work required for a public project. Contingency funds were used in 2015. However, those items placed on the contingency fund list were not re- budgeted in 2016. OveraJl, for the 20 16 Budget, departmental budget requests were reduced by approximately $775,000 in order to fund those expenses that were considered critical to meeting the City's defined results. Collectively, the variance and contingency fund tools have played an important role in the continued integration of a priority-driven budget system. This process has enabled staff to look at the budget data through a different lens. REVENUES AND EXPENDITURES The total2016 Proposed Budget is $42,2 12,869. The Budget is based on projected revenues of $38,427,846. In addition, the beginning fund balance for 2016 is projected at $11 ,490,671 which brings the total available funds to $49,918,517. This will provide for a projected ending fund balance of$7,705,648, which is a .4% decrease compared to the 2015 Adopted Budget. Detailed revenue and expenditure tables are presented in the Revenue and Expenditure Summary section of this Budget. GENERAL FUND General Fund revenue is projected at $3 1,980,290, which is a 1% increase compared to 2015 estimated revenues. In addition, the beginning fund balance for 2015 is projected at $8,271,981 , which brings the total available funds for the General Fund to $40,252,271. General Fund expenditures total $30,997,144, excluding transfers. General Fund expenditures represent a .4% increase compared to the adjusted 2015 Budget and a 5% increase compared to the estimated 2015 Budget. This will provide for a projected ending fund balance of $6 355,127, of which $5,282,127 ( 17% of operating expenditures) is considered unrestricted. CAPITAL lNVESTMENT PROGRAM FUND ClP Fund revenue is projected at $5,264 228 ($2,800,000 transferred from the General Fund) which is a 10% decrease compared to the 20 15 estimated revenue of $5,861 ,145. In addition, the Council Action Fonn -Public Hearing on the Proposed 2016 Budget October 12, 20 15 Page8 beg1nning fund balance for 2016 is projected at $643,332 which brings the total available funds for the CIP Fund to $5.907,560. The proposed 2016 C IP includes the following major projects: • $1.9 million for preventative street maintenance projects • $1.5 million for Wadsworth environmental assessment project • $835,000 for completion of the Kipling Street pedestrian trail improvements -partially grant funded • $740,000 for Gold Line Station street improvements -ful ly grant funded • $350,000 for 29'" A venue and Fenton Street intersection improvements • $279,821 for drainage improvement projects (rehabilitation and replacement of two major stonn sewer outfalls to Clear Creek, Maple Grove Reservoir emergency planning, Sloans Lake Master Drainage and Flood Hazard Area Delineation, and Clear Creek CLOMR and LOMR) • $100,000 for public improvement development-related projects • $50,000 for Neighborhood Traffic Management Program • $50,000 for entryway signage • $50,000 for ADA transition plan for improving sidewalk accessibility Citywide • $25.000 for Bike/Pedestrian trail improvements CIP expenditures total $5,879.821 which is a 36% decrease compared to the adjusted 2015 Budget and an 18% decrease compared to the estimated 2015 Budget. This will provide for a projected ending fund balance of$27,739. Typically the CIP Budget is funded primarily with General Fund undesignated reserves. The City Council adopted a General Fund reserve policy in 2011 setting the minimum reserve level at 17%. Ln order to maintain this minimum reserve balance in the General Fund in 2016 and beyond, limited fund s will be available to transfer to the CIP Budget. To continue funding CLP projects at a more sustainable level. City Council will need to consider substantial cuts in the City's operating budget or find new revenue sources for CfP projects. The proposed ClP Budget for 2017 to 2024 projects a $3 million annual transfer from the General Fund for CIP projects. However, in 2019, the City will need to transfer a total of $5.5 million to fund the City's match for the Wadsworth Boulevard reconstruction project and to continue to minimally fund street preventative maintenance projects. OPEN SPACE FUND Open Space revenue is projected at $1 ,058,000 which is a 21% decrease compared to lhe 2015 estimated revenue of $1,332,036. The large decrease is primarily due to Jefferson County grants received in 2015. In addition, the beginning fund balance for 2016 is projected at $659,239, which brings the total available funds for the Open Space Fu11d to $1,717,239. Open Space projects for 2016 include: • Open Space improvements -Bass Lake retaining wall Council Action Form -Public Hearing on the Proposed 2016 Budget October 12, 2015 Page9 • Improvements to the Public Works and Parks Operations Facility • Improvements to Prospect Park • Completing the master plan design fo r the renovation and improvements to Prospect Park • Outdoor pool maintenance • Parks maintenance projects • Trail replacement and repair • Matching funds for the Jefferson County Opens Space River Corridor signage project Funding is also appropriated for five Parks maintenance workers. Open Space expenditw·es total $1,629,337 which is a 37% decrease compared to the adjusted 2015 Budget and a 23% decrease compared to the estimated 2015 Budget. These expenditure decreases are due to construction of Hopper Hollow Park in 2015 and completion of the Parks Operations storage facili ty. This will provide for a projected ending fund balance of$87,902. The futu re five-year Open Space Budget proposes the conti nuation of miscell aneous open space improvements, parks mai ntenance projects, trail repl acement and repair, Prospect Park improvements, improvements to the new public works and parks operations facility, and funding for five Parks positions. CONSERVATION TRUST FUND Conservation Trust revenue is projected at $300,500, which is equal to the 2015 estimated revenue. In addition, the beginning fund balance for 2015 is projected at $215,3 78, which brings the total available funds for the Conservation Trust Fund to $515,878. Conservation Trust projects fo r 2016 include: • Recreation Center maintenance projects • Recreation Center swimming pool facility improvements and replacement of frog slide • Active Adult Center parking lot replacement • Discovery Park ADA accessibility playground • Parks maintenance projects • Resurfacing of tennjs and basketball courts Conservation Trust expenditures total $493,150, which is an 18% increase compared to the adjusted 2015 Budget and a 20% increase compared to the estimated 2015 Budget. This wi ll provide for a projected ending fund balance of$22,728. The futu re Five-Year Conservation Trust Budget proposes to provide funds for Recreation Center maintenance needs, Anderson Building replacement, parks maintenance projects resurfacing of tenruslbasketball courts, playground replacement, and Anderson Building replacement. RECREATION CENTER OPERATIONS FUND Recreation Center Operations revenue for 2016 is projected at $2,176,828, which is an increase of .6% compared to the 2015 estimated revenue of $2, 164,850. In addition, the beginrung fund Council Action Form -Public Hearing on the Proposed 2016 Budget October 12, 2015 Page 10 balance for 2016 is projected at $796,583 which brings the total available funds for the Recreation Center Operations Fund to $2,973,411. Recreation Center expenditures total $2.382.40 I. which is a .4% increase compared to the adjusted 2015 Budget and a 2. 7% increase compared to the estimated 2015 Budget. This will provide for a projected ending fund balance of $591.0 I 0. OTHER SPECIAL REVENUE FUNDS Several other Special Revenue Funds are also included in thjs Budget to track revenues and expenditures that are designated by law to be used for specific purposes or are used to simplify the budgeting process. Those funds include the Public Art, Police Investigation, Municipal Court. Equipment Replacement, and Crime Prevention/Code Enforcement funds. Detailed revenue and expenditure infonnation for these funds can be found in the Special Revenue Funds and the Line Item Accounts secti ons of the Budget. DEBT The City currently has no debt. However the City does have the following long-term financial obligations: Renewal Wheat Ridge The City's Urban Renewal Authority (Renewal Wheat Ridge). is a component of the City and does have a loan in the amount $390,000 from the City for the purchase of an environmentally contaminated property at 38'h and Yukon Court. This loan will be paid- off with the sale of the property at 38'h and Yukon in 2015 or 2016. Additionally, the Urban Renewal Authority provided a loan in the amount of$2.4 million for the Kipling Ridge commercial center development. The tenn ofthis loan is for 10 years and will be paid from sales and property tax incremental revenue from the Kipling Ridge project. Community Solar Garden On March 23, 2015, the City entered into an agreement to purchase electric generating capacity in a solar garden. The agreement was funded on April 13, 2015 with a lease agreement for $800,000. The solar power capacity is recorded as capital assets in the amount of$776,628. A portion of the loan proceeds was used to pay issuance costs of $23,372. Annual payments of $80, 167.08, including principal and interest accruing at 5.75%, are due on June I, 20 15 to May 1. 2030. As of December 31 . 2015 the City has a capital lease outstanding amount of $1. I 55,742.07. For its participation, the City receives energy credits from Xcel to be used to pay this lease and against energy consumption at various facilities. COMPENSATION, BENEFITS AND STAFFING Personnel-related expenses account for the largest portion of the City's Budget; therefore, maintaining this investment is a high priority. In 2013, the City launched a new compensation plan for full-time/part-time benefited employees that is financially sustainable and is a plan that Counci I Action Fonn -Public Hearing on the Proposed 2016 Budget October 12, 2015 Page 11 will help the City recruit and retain top talent. Additionally, the compensation plan is market- based and fully aligned with the Performance Management Project (PMP) that has culminated in the full implementation of a pay-for-performance system. The City's pay-for-performance model is consistent with the culture and commitment to A.C.T.l.O.N!-the City's core values of Accountability-Change -Teamwork -Lntegrity -Opportunity -Now!. It is important for the City to reward employees who exemplify these core values and who help achieve the City's strategic results. The new compensation plan consists of two sub plans 1) a pay-for-performance open range plan, which includes civilian and police sergeants and higher ranks, and 2) a sworn step plan, which includes Police Officer I and II positions. Employees will be eligible for a performance increase on January I, 2016, based on how well they meet the core values and competencies ofthe new PMP system. The pay-for-performance budget is determined on an annual basis according to what comparable organizations are providing and what the City can afford for that fiscal year. The City conducted a biennial market review in 20 I 4. For 2015, the market shift in compensation was 3% for the City plans noted above. The proposed 2016 budget includes $450,000 in the Central Charges budget to fund performance increases for both sub plans. The City continues to provide a competitive benefits package to employees that includes medical, dental, life and disability benefits. Throughout the year, staff works closely with the City's benefit broker, IMA, to ensure that the City is controlling benefit costs while still providing a competitive benefits package to its employees, which is a vital part of the City's total compensation approach to pay. The City currently provides Kaiser Permanente plans for employee medical benefits. Medical premiums will increase by 8.3% for 20 I 5. There are several key factors that play a role in calculating the City's health care premium renewal. Participation in the Wellness Program is a positive contributing factor to the minimal premium increase. Historically, the City's premium increases ranged from I 0 -15%, which is the market average. The 8.3% increase for 2016 is just below that average. The City will continue to encourage enrollment and active participation in the Wellness Program. There is minimal increase to the dental premium, but the life and short-term disability premiums will remain constant. In 2016, the City will continue to offer the High Deductible Health Plan (HDHP). This plan was added in 2013 and is a consumer model of health care paired with a Health Savings Account (HSA). The City will also continue to offer the traditional HMO plan. The premiums for both the employee and the City are lower for a HDHP but the out-of-pocket costs to the employee are higher. The goal of the consumer-driven HDHP is to encourage employees to manage costs through effective use of health care. Council Action Form-Public Hearing on the Proposed 2016 Budget October 12, 20 I 5 Page 12 The 2016 staffing level will increase by a net of 0.5 FTE's for a total of231 .875 FTE's in all funds. Staffing levels continue to remain below the 233.755 FTE's authorized in 2002 before the budget reduction program and elimination of positions in 2003 and 2004. New Positions: l.O FTE Maintenance Worker fi -Public Works -This position will support ongoing maintenance and repair seJi•ices required to maimain City infrastructure to include: streets, sidewalks, traffic signals, bus benches and shelters. This position will support in the maintenance of LED street and pedestrian lights within th e City 's newer residential and commercial areas. Additionally, maintenance of street banners. traffic control devices and preparation of streets for special events. Most important~)!. the position will assist with snow removal and provide for scheduling symmet1:v to the 3-8-hour s h({t rotations which II' ill increase the safety o.f staff· Previously Grant Funded Positions: 1.0 FTE Vice/Intelligence Detective (Police Officer ll)-Police Department -In 201 I. the City received a COPS grantto.fund this position and funding has expired. The City was required to flmd this position .for one year ajier the completion o.f the grant. The City recommends maintaining this position as demand cominues to grow in the area o.fintelligence issues. liquor investigations and human trafficking. The regulatoiJ' processes and monitoring of businesses such as massage establishments. liquor, and mar{iuana is increasing. The IACP Study recommendations completed in August 2015 support the funding o.f this position. Position FTE Increases: 0.5 FTE Recreation Coordinator, Active Adult Center -Parks and Recreation -This is a 0.5 FTE increase to an existing part-rime position at rhe Active Adult Center. This FTE increase will allow.for additional programming to beuer serve older adults through recreational programming. Th e position current~y programs special events, drop-in activities and a variety of classes. The posirion also supervises rhe Center's volunteer activities. The FTE increase results in a decrease in temporal:\' how·~,. by $17.000 and an increase in projected revenue by $10,000. RECOMMENDATIONS: Conduct the scheduled pub I ic hearing on the 2016 proposed budget. No fo nnal action is required. The adoption of the budget is schedule for Monday. October 26, 2015. REPORT PREPARED/REVIEWED BY: Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: I. Revised Outside Agency Award recommendations 2. WR2020 Additional Budget lnfonnation Proposed 2016 Outside Agency Contribution Progr~m Funding for Social Services Attachment A! 2011 Received In Recommended &tlmated Number ol 1 Orgenlutlon Requested 2015 Added Contributions Type ol Assistance Provided Estilnllted Number ol WR Citizens Served In 2014-2015 WR CltiDM Served In Amount 2018 Providing general health and human services In 2015 4,400 WR residents were served, 3200 WR residents used Action Center assistance to persons in crtsis and assist In the Food Rescue and Grocery Program,which provides food for gaintng and maintaining self-sufficiency eli nets $2 000 $1 ,600 5000 Detoxification Program funding gap In 201 4·2015 500 WR residents were served In the soctal model 1,402 WR citizens Arapahoe House $5,000 $1,300 $300 $1 ,600 detoxification program 1 402 from 2015 Reauiting, training and management of In 2014 ·served abuse and neglect cases involving 44 children from volunteers to be advocates for abused or WR and 1 case involving truancy from WR. In 2015: 25 WR victims neglected children were served and 2 cases involving truancy. WR Is 12% of costs. >60 WR children CASA of Jeffco $4,800 $1,600 $200 $1 ,200 1"31 from 2015 Providing cnses services for victims of i homelessness. domestic VIOlence & child abuse As of May 2015 the hornelessness program provtded approx. $34,437 and helping them achieve stability and self· in rent and utility assistance to WR residents. 250 WR indivtduals· Family Tree $3.000 $1,500 $200 S1 ,200 sufficient. J, 270 from 2015! Providing group and individual counseling,mentoring, and general support 5 young dads (ages 16-24) from Wheat Rtdge were served in the I sessions for young dads (ages 16-24) and program in 2015 5 young dads from WR Glass Hearts $2 500 $400 $100 $500 offering les.sons in fathering and nre skills. =to 2015 Sole community mental health center serVIng JCMH served appro.ximately12, 191 people In 2014. They estimate Wheat Ridge. provided school counselors, providing services to 1,100 Wheat Ridge citizens by the end of 2015. Jefferson Center promoting health, safety, welfare and qualtty of 'Also requested $2,500 for table sponSOfShtp 1,210 WR citizens for Mental Health $2,500 $1,600 $500 $1 ,600 life. 1" 131 from 2015 Assisting sexually, physically & emotionally In 2014 • 983 served, with 43 children and families from Wheat Ridge: abused children & teens or children who have In 2015 so far 12 dllldren from Wheat Ridge have been served. 'Also 50 WR children Ralston House $1000 $1,000 $1000 wttnessed a violent crtrne requested $7, 500 from Poltee Depanrnent 1 71rom 2015 Comprehensive care management for Seniors, including calls, referrals, care plans. home visits, As of May 2015, they had served 239 WR seniors. WR is the city follow through for health and mental services. receiving the most services for residents (of the 10 cities served). Seniors· minor home repairs and utilities, and safety and 'Also requested $35,000 tor Senior Transportation Program 1,620 WR seniors I Resource Center $5,000 $1,600 $200 $1600 emergency assistance '690 from 2015 I Wheat Ridge Suppol1s youth in WR. Funds wtU be used to They estimate serving 1,300 WR residents >1,300 WR chfldren I Optimist Club $750 $500 $1,200 support needy families at Christmas. 1'100 from 2015 Toul: $26.550 $9,500 $1,500 $11,500 ---------------------···-·--------------- City Budget Considerations for Wheat Ridge 2020-2016 Budget Thank you for the continued partnership of the City of Wheat Ridge in advancing Wheat Ridge as a vibrant and sustai nable community. The five-year goals of the City of Wheat Ridge align well with many areas of Wheat Ridge 2020's mission and strategic plan. In 2016 we request funding for specific programs that aid us in leveraging community volunteers, local business support and our professional expertise to achieve goals for our organizations. Core Wheat Ridge 2020 Programs ($199,000) $50,000-BUBL and HIP loan fund. This low-interest loan fund continues to support property improvements to residential properties between Sheridan and Wadsworth and was recently expanded to commercial properties throughout the City of Wheat Ridge. These investments are leveraged by private dollars, equity from the property owner and other program dollars, such as the Wheat Ridge Business District Revitalization Incentive Program for commercial property applicants. City Goall: Economically Viable Commercial Areas City Goal 3: Choice of Desirable Neighborhoods loan Administration 3,000 Marketing 1,500 BUBl and HIP loans 45,500 $50,000-live Local Wheat Ridge events and program support for live local Active, Harvest, Dines and community building events. The live local Wheat Ridge program continues to connect residents to one another and to local businesses. The small increase sought is to expand marketing and advertising these opportunities and to help support expansion to additional activities brought forward by community members, such as additional winter programming. City Goal1: Economically Viable Commercial Areas Program and Volunteer 25,000 Management Event Costs 12,000 Printed Materials 6,000 Ads, refreshments, 7,000 supplies, other costs $35,000-Community Outreach and Education -leadership capacity building and Wheaties Academy. With 16 new graduates of the Wheaties Academy in 2015, we have pioneered a new leadership program. In 2016 we would like to create additional programs to keep these graduates engaged along with over 200 graduates from our Planning and Development Academy. We look to improve and to execute a second Wheaties Academy in 2016. We will look to the City of Wheat Ridge and elected officials to aid us in recruiting the class of 2016. The increase in this item acknowledges the intensive Wheat Ridge 2020 2016 Budget Request Page 1 Attachment 2 Wheaties Academy that is planned along with additional ongoing engagement for graduates and community members. This program helps us identify and develop leaders working together to improve the community. NRS Goal: Change the way the city and residents manage change. Program and Volunteer 20,000 Management Retreat, facilitation, 9,000 speakers, training Materials 1,600 Rentals, refreshments, 4,400 other costs $20,000-Community Marketing and Positioning Tours -Realtor Tour, Welcome to Wheat Ridge Tour, Explore Wheat Ridge Tour. Coming off the success of our Mid Century and Modern Tour, we are planning for next year's positioning tours. The increase sought includes time and preparation for outreach meetings to specific realty broker companies to showcase what is happening in the Wheat Ridge community as requested by the city. City Goal1: Economically Viable Commercial Areas Personnel and Volunteer 10,000 Management Event Costs 4,000 Printed Materials 4,000 Refreshments, supplies, 2,000 other costs $40,000-TLC Wheat Ridge-Continue to implement small grant program for block improvements and clean ups in continued partnership with the WRPD and includes expansion to new areas in the city as targeted by WRPD. Also seeking to add recycling and electronics recycling to clean up days and exploring a hazardous waste pick up. Goal 3: Choice of Desirable Neighborhoods Personnel and Volunteer 15,000 management Event Costs 20,000 Printed Materials, 5,000 supplies, other costs 4,000-Facility rental for Wheat Ridge 2020 programs like live Local specific events: 3 Food and Film series meetings in Active Adult Center, 3 Yoga/Pilates in the Park events at city parks, community input meetings (at Active Adult or WR Rec Center), community potlucks at park shelters, Wheaties Academy and new events, and possibly a few LL, TLC or RA38 meetings where a larger facility is needed. Wheat Ridge 2020 2016 Budget Request Page 2 Strategic Plan Program Investments and City Priority Support ($25,000) $25,000-Community Engagement and Communications-We want to help better position Wheat Ridge as a community of choice and provide support for City of Wheat Ridge priorities like Neighborhood Identification and Improvement. The WR2020 strategic plan for 2014-2016 puts additional emphasis on engaging the community and communicating results. In particular we want to expand our mailing marketing to publicize events to re sidents in postcard form. This will help better reach residents not active in social media and give bite size information that can be put on the fridge rather than relying on hunting through larger publications. We put together one postcard in 2015 and would like to expand based on posit ive community feedback. Personnel 8,000 Printed Materials, 17,000 design and mailing costs Ads, refreshments, 8,000 supplies, other costs Ridge at 38-($97,000) We will continue to provide staffing for Ridge at 38 leadership Committee priorities and staff their committees. The Ridge at 38 has been covered in The Denver Post, 5280 Magazine, Westward, The Denver Business Journal, Clear Channel Radio including KBCO and other local and online publications. Project and Volunteer management Banners and lights- now expanded west of Harlan Business outreach and l eadership Committee Marketing materials and plan implementation Website, app, social media, online ads RA38 Events ($120,000) Ridge at 38 Criterium 10,000 25,000 12,000 30,000 10,000 Friday Night live with outdoor movies (x3) Ridgefest Trunk or Treat Holiday Celebration on Ridge at 38 The increase in this line is acknowledging the city's desire for outdoor movies as we would expand our Friday Night live to have a series of first Friday events with outdoor movies on Ridge at 38. This is also Wheat Ridge 2020 2016 Budget Request Page 3 acknowledging the community desire for more impactful (and expensive) communication like road side electronic message boards for large events ($14,000). We also recognize the feedback that the community really likes the large events and would like to see them even larger. This will take more capacity, more amenities and more marketing. If the city agrees, we would like to push our events to the next level and assess results. Your investment will help us take on the risk of some of these major investments while still leaving us motivated to close the gap on these events and seek additional income from vendors and sponsors. While we don't have decades of track record with these events, we do have a couple years under our belts and have seen healthy increases in attendance. We have found ways to reduce costs like hiring part-time staff and cutting back on contractors for events (a certified technical race director is still required for the criterium, though we have limited the scope). We spent over 1500 staff hours on Ridge at 38 events in 2014. We continue to work to find sponsors who are attracted to the Ridge at 38 brand and complement it. If we are able to find significant sponsors, we have additional investments we would like to make to improve the events for guests and the impacted businesses and community. For Ridgefest we would add more bluegrass acts, add bistro lighting in the main seating area and add more tents for seating and shade. For the Criterium we would look at adding sound so folks can tune into the race commentary from any spot around the course. Additonally, we have been asked to submit a bid to host the Bicycle Racing Association of Colorado's Criterium Championship. This event currently attracts a regional audience and the championship would have an even larger draw. And we would add additional marketing to all our events as we are able to afford it. These events continue to help define the Ridge at 38 and bring people out to celebrate what makes Wheat Ridge unique. Sales tax collections are up in the 381h Avenue main street corridor and businesses report increased sales from events. City Goall: Economically Viable Commercial Areas See attachment with detail on Ridge at 38 events. If all requests were fully funded, the total is $431,000. Wheat Ridge 2020 has over 200 active volunteers, over 1,000 members and produces over 50 events a year. Trends across events include an increase in attendance. We see increased sponsor interest and with our additional event track record and more time dedicated to development, we plan to see increases in event income. While the first several years of events are a bigger investment, with ongoing stewardship we hope to see steady progress toward breaking even and then revenue generation. This item was previously cut, but based on city council comments, I am adding for consideration. $10,000-Capacity Building and Accountability-Purchase Results.com software and consulting support. Translate the WR2020 strategic plan to software that helps us track progress on goals, allocate staff hours and better report results and success. Interactive for staff and volunteers and valuable reports to share with WR2020 Board and City Council and leadership. Wheat Ridge 2020 2016 Budget Request Page 4 Ridge at 38 Events Requested detail The City of Wheat Ridge grants in the course of a calendar year budget 2014 Ridge at 38 Events $ 70,000 2015 Ridge at 38 Events $ 88,600 city request to add outdoor movie with additional budget Wheat Ridge 2020 runs on a fiscal year of July 1-June 30 FY13·14 RA38 Events Expenses $ 123,663 FY14·15 RA38 Events Expenses $ 123,560 Or as broken down by event to align with City of Wheat Ridge calendar year 2014 RA38 Events Expenses $ 120,512 Additional Income $ 20,350 Event Income Expenses Staffing net by event Attendance 2013 Wheat Fest $ 3,278 $ 18,289 $ 8,856 $ (23,866) 2013 Trunk or Treat $ 50 $ 935 s 1,045 $ (1,930) 2013 Holiday Celebration $ 2,281 $ 13,272 s 7.474 s (18,466) 2014 Criterium $ 13,400 $ 54,638 $ 7,902 $ (49,139) 2014 Friday Night Live $ 7,420 $ 3,834 S (11,253) 2 nights 2014 Ridgefest $ 4,450 s 22,699 $ 8,066 $ (26,315) 2014 Trunk or Treat $ 849 $ 1,874 $ (2,723) 2014 Holiday Celebration $ 2,500 $ 8,730 $ 7,550 $ (13,779) 2015 Criterium s 23,008 s 51,484 s 13,639 s (42,116) 2015 Friday Night Live $ 3,597 $ 2,023 s (5,620) 1 night 2015 Ridgefest 2016 Items for increased budget $ 11,000 variable message boards for 1 week for Criterium $ 3,000 variable message boards for 1 day event· Ridgefest $ 7,400 costs for 2 more outdoor movie/Friday Night Live events for a total of 3 in series $ 10,000 additional staffing for seeking sponsors, marketing, additional FNL events 1,200 600 1,200 1,500 750 3,000 2,000 2,500 3,500 450 5,500 ~ .I " .... • r City of • '?Whe atRl_.dge ITEM NO:~ DATE: October 12, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 22-2015 -AN ORDINANCE REPEALING AND REENACTING ARTICLE II OF CHAPTER 9 AND AMENDING ARTICLE II OF CHAPTER 17 OF THE WHEAT RIDGE CODE OF LAWS TO REGULATE SMOKING IN PUBLIC PLACES f2J PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS D ORDINANCES FOR l ST READING (9/28/2015) f2J ORDINANCES FOR 2ND READING (10/12/2015) QUASI-JUDICIAL: D YES f2J NO -7 /JT'y-LJ /] L{ City Attorney c~ ISSUE: The current City Code expressly allows smoking in many public places where smoking is prohibited by the Colorado Clean Indoor Air Act (CCIAA). Because this state law prohibits local smoking regulations that are "less stringent," many of the current City laws concerning smoking are therefore without legal effect. This ordinance aligns the City Code with the CCIAA with several local amendments, including: • Broadening the definition of"smoking" to include vaping and all other means of consumption that release secondhand smoke, vapor or particles into the air • Prohibiting outdoor smoking at City parks, playgrounds and facilities and at City events, such as the Carnation Festival • Prohibiting smoking at public transit stops • Permitting smoking within all areas of outdoor patios of restaurants and bars • Expressly prohibiting hookah bars • Reaffinning and referencing the City's existing Code sections that prohibit the "open and public" consumption of marijuana and the operation of marijuana clubs Council Action Form Smoking Ordinance October 12, 2015 Page 2 PRIOR ACTION: The Council discussed this issue and draft ordinances at its July 201h and Aubrust 171h study sessions and at its September 14'h regular Council meeting. Amendments to prior drafts of the ordinance were directed and prepared after each discussion. with thi s ordinance reflecting all Council-directed changes to date. One addition was made to the ordinance after Council's consideration of it on first reading. A new section 2 of the ordinance was added to cross-reference these smoking prohibitions within the City Park Rules set forth in the Code. Those Park Rules are set forth under Article II of Chapter 17. Source notes indicate that most of Article II of Chapter 9 (the City's smoking regulations) has remained the same since at least 1977. The penalty section (Section 9-23) was amended in 1998. The CCIAA was adopted by the state legislature in 2006. FINANCIAL IMPACT: The financial impact to the City is projected to be nominal. There may be an increase in municipal court fines collected for violations or the new Code provision s prosecuted in the Wheat Ridge Municipal Cour1. BACKGROUND: As a result of a general review .of the City Code, the City Attomey's Office and Police Department noted that Article 11 of Cliapter 9 of the Code. concerning smoking in public places, conflicts with the CCIAA. This Article expre sly allows smoking in many public places where smoking is prohibited by CCIAA. Public places where smoking is pennitted under the existing City Code include bars, smoking sections of smaller restaurants. designated smoking areas in workplaces and designated common areas of buildings. The CCIAA authorizes local smoking regulations to supplement the CCLAA, but generall y prohibits local regulations that are "less stri ngent tl1an the [CC IAA]." C.R.S. § 25-14-207. Several provisions of Article U of Chapter 9 of the Code are Jess stringent than the CCI AA and therefore do not have any legal effect. As a result, the issue was brought to the Council for review and direction. Upon reviewing the topic of public smoking generally, the Council determined that it was desirable to prohibit not only smoking. in the traditional sense of the word, but vaping and all methods of consumption that release second-hand smoke, vapor and other particles into the air of non-smokers. The li st of places where smoking is prohibited under this ordinance generally matches tl1c list set fortl1 in the CCIAA and includes most indoor locations to which the general public has access. Additionally, Council directed that smoking be prohibited in outdoor areas belonging to the City. such as parks, pools, trails, greenbelt areas, etc., and at City events. The CCIAA prohibits smoking in outdoor area within fifteen feet of doorways. This ordinance includes tl1is general "fifteen foot" rule; however, it exempts all areas of the outdoor patios of restaurants and bars. Under this ordinance, the smoking of tobacco is penuitted on such patios without regard to how Council Action Fonn -Smoking Ordinance October 12, 20 15 Page 3 close the smoker is to the doorway(s). This local amendment arose out of Council's desire to permit all restaurants and bars to pem1it smoking on their patios if they wish, regardless ofhow large or small the patio may be. The CCIAA pennits smoking in "tobacco businesses," defined as those businesses that primarily engage in the sale or promotion of tobacco or tobacco products at retail locations. The Council directed that this ordinance allow smoking in such businesses. but to expressly prohibit smoking in "retail smoking accessory businesses." That tenn is defined as businesses that primarily engage in the sale or promotion of smoking devices, accessories or paraphernalia, such as vapc pens, pipes, hookahs, e-cigarettes and similar devices. Smoking within such businesses is expressly prohjbited under this ordinance. Finally, the ordinance reiterates and cross-references the City's existing Code prohibition against the open and public consumption of marijuana and the operation of marijuana clubs within the City. OPTIONS FOR COUNCIL ACTION: I. Approve the ordinance as presented on second reading; 2. Approve the ordinance on second reading with amendment(s); or 3. Postpone consideration of the ordinance indefinitely. RECOMMENDED MOTIONS: "I move to approve Council Bill No. 22-2015, an ordinance repealing and reenacting Article I I of Chapter 9 and amending A1ticle II of Chapter 17 of the Wheat Ridge Code of Laws to regulate smoking in public places, on second reading, and that it take effect fifteen days after final publication." Or, "l move to postpone indefinitely Council Bill No. 22-2015, an ordinance repealing and reenacting Article II of Chapter 9 and amending Article II of Chapter 17 of the Wheat Ridge Code of Laws to regulate smoking in public places, for the following reason(s) REPORT PREPARED BY; Cannen Beery, City Attorney's Office PatJick Goff, City Manager ATTACHMENTS: I. Council Bill No. 22-2015 " CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WOODEN Council Bill No. 22 Ordinance No. ___ _ Series of 2015 TITLE: AN ORDINANCE REPEALING AND REENACTING ARTICLE II OF CHAPTER 9 AND AMENDING ARTICLE II OF CHAPTER 17 OF THE WHEAT RIDGE CODE OF LAWS TO REGULATE SMOKING IN PUBLIC PLACES WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S . § 31-15-401 , the City, acting through its City Council (the "Council"), is authorized to adopt rules and regulations prohibiting certain conduct and defining general offenses that harm or pose a threat to the public health, safety or welfare; and WHEREAS, the Council finds that the smoking of tobacco or of any other plant or substance in certain areas is a form of air pollution that threatens the public health, safety and welfare, and that secondhand smoke is a cause of disease, including lung cancer, heart disease, respiratory infection and decreased respiratory function and, as such, there is no safe level of exposure to secondhand smoke; and WHEREAS, the Council finds that the legislature of the State of Colorado (the "State") adopted the Colorado Clean Indoor Air Act in Part 2 Article 14 of Title 25, Colorado Revised Statues (the "Act"), and that the Act authorizes local jurisdictions to adopt local smoking regulations that are no less stringent than the Act's provisions; and WHEREAS, the Council desires to prohibit smoking in most areas within the City that are open to the public in a manner that is not less stringent that the provisions in the Act; and WHEREAS, pursuant to its home rule authority, its police power, C.R.S. § 25-14-207 and Section 16, Article XVIII of the Colorado Constitution ("Amendment 64"), the City possesses the authority to regulate and prohibit the indoor smoking of marijuana and the consumption of marijuana that is conducted openly and publicly or in a manner that endangers others; and WHEREAS, the Council finds that it is prudent to include marijuana smoking and marijuana consumption generally within any prohibition of smoking in public places to minimize the exposure of citizens to secondhand environmental smoke, vapor, fumes and odor; to minimize the opportunities of minor children to observe marijuana consumption; and to remain consistent with the explicit prohibition of open and public consumption of marijuana as set forth in Amendment 64. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Article II of Chapter 9 of the Wheat Ridge Code of Laws, concerning smoking in public places, is hereby repealed and reenacted , to read in its entirety as follows: ARTICLE II -SMOKING IN PUBLIC PLACES Sec. 9-21 . Legislative intent. The City Council finds, determines and declares that it is in the best interest of the people of this City to protect nonsmokers from involuntary exposure to environmental smoke in most areas open to the public, public meetings, food service establishments, and places of employment. The City Council further finds, determines and declares that a balance should be struck between the health concerns of nonconsumers of tobacco and marijuana products and the need to minimize unwarranted governmental intrusion into, and regulation of, private spheres of conduct and choice with respect to the use or nonuse of tobacco and marijuana products in certain designated public areas and in private places. Therefore, the City Council hereby declares that the purpose of this Article is to preserve and improve the health, comfort, and environment of the people of this City by limiting exposure to tobacco and marijuana smoke. Sec. 9-22. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Auditorium means the part of a public building where an audience gathers to attend a performance, and includes any corridors, hallways, or lobbies adjacent thereto. Bar means any area that is operated and licensed under Article 4 7 of Title 12, C.R.S., primarily for the sale and service of alcohol beverages for on-premises consumption and where the service of food is secondary to the consumption of such beverages. Cigar-tobacco bar means a bar that. in the calendar year ending December 31 , 2005, generated at least five percent or more of its total annual gross income or fifty thousand dollars in annual sales from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines. In any calendar year after December 31 , 2005, a bar that fails to generate at least five percent of its total annual gross income or fifty thousand dollars in annual sales from the on-site sale of tobacco products and the rental of on-site humidors shall not be defined as a "cigar-tobacco bar" and shall not thereafter be included in the definition regardless of sa les figures. 2 Employee means any person who, regardless of whether such person is referred to as an employee, contractor, independent contractor, or volunteer or by any other designation or title, either: (I) performs any type of work for benefit of another in consideration of direct or indirect wages or profit; or (II) provides uncompensated work or services to a business or nonprofit entity. Employer means any person, partnership, association, corporation, or nonprofit entity that employs one (1) or more persons. Employer includes, without limitation, the legislative, executive, and judicial branches of state government; any county, city and county, city, or town , or instrumentality thereof, or any other political subdivision of the state, special district, authority, commission or agency; or any other separate corporate instrumentality or unit of state or local government. Entryway means the outside of any doorway leading into the indoor area of any building or facility that is not exempted from this Article under Section 9-24. Entryway also includes the area of public or private property within fifteen (15) feet of the doorway. Environmental smoke or secondhand smoke means gases, particles and vapors released into the air as a result of the combustion, electrical ignition, vaporization or heating of any substance, including but not limited to tobacco, nicotine or a marijuana product, also known as "sidestream smoke," and such gases, particles and vapors that are exhaled by the smoker. Food service establishment means any indoor or outdoor area or portion thereof in which the principal business is the sale of food for on-premises consumption. The term includes, without limitation, restaurants, cafeterias, coffee shops, diners, sandwich shops, and short-order cafes. Hookah bar is an establishment where patrons by themselves or by sharing with others smoke tobacco, marijuana or similar products from a communal hookah or nargile or similar device. Indoor area means any enclosed area or portion thereof. The opening of windows or doors, or the temporary removal of wall panels, does not convert an indoor area into an outdoor area. Marijuana means all parts of the plant of the genus cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin, including marijuana concentrate. It does not include industrial hemp, fiber produced from the stalks, oil or cake made from the seeds of the plant, or sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral 3 administrations, food, drink, or other product, if these items exist apart from any other item defined as marijuana. Marijuana products means products that are comprised of marijuana and other ingredients and are intended to be consumed by smoking or inhalation. Place of employment means any indoor area or portion thereof under the control of an employer in which employees of the employer perform services for, or on behalf of, the employer. Public building means any building owned or operated by: (1) The state, including the legislative, executive, and judicial branches of state government; (2) Any county, city and county, city, or town, or instrumentality thereof. or any other political subdivision of the state, a special district, an authority, a commission, or an agency of any of the same; or (3) Any other separate corporate instrumentality or unit of state or local government. Public meeting means any meeting open to the public pursuant to Part 4 of Article 6 of Title 24, C.R.S., or any other law of the state. Retail smoking accessory business means a sole proprietorship, corporation, partnership or other enterprise engaged primarily in the sale or promotion of smoking devices, accessories or paraphernalia, such as but not limited to vaporizing devices, pipes, chillums, bongs, hookahs and electronic cigarettes and products intended for use in connection with such devices, and in which the sale , manufacture or promotion of other products is merely incidental. Retail tobacco business means a sole proprietorship, corporation, partnership or other enterprise engaged primarily in the sale or promotion of tobacco or tobacco products at retail, and in which the sale , manufacture or promotion of other products is merely incidental. Smoke-free work area means an indoor area in a place of employment where smoking is prohibited under this Chapter. Smoking means the burning, heating, electrical ignition or vaporization of a cigarette, cigar, pipe, or any other similar product, matter or substance that contains tobacco, nicotine, marijuana, any other substance, or any combination thereof, and the inhaling and exhaling of environmental smoke created thereby. 4 Tobacco means cigarettes, cigars, cheroots, stogies, and periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking. Tobacco also includes cloves and any other plant matter or product, excluding marijuana and marijuana products, that is packaged for smoking. Work area means an area in a place of employment where one or more employees are routinely assigned and perform services for or on behalf of their employer. Sec. 9-23. Ge neral smoking restrictions. (a) Except as provided in Section 9-24, and in order to reduce the levels of exposure to environmental smoke, smoking shall not be permitted and no person shall smoke in any indoor area, including but not limited to: (1) Public meeting places; (2) Elevators; (3) Government-owned or operated means of mass transportation, including, but not limited to, buses, vans, and trains; (4) Taxicabs and limousines; (5) Grocery stores; (6) Gymnasiums; (7) Jury waiting and deliberation rooms; (8) Courtrooms; (9) Child day care facilities; (1 0) Health care facilities including hospitals, health care clinics, doctor's offices, and other health care related facilities; (11) (A) Any place of employment that is not exempted; (B) In the case of employers who own facilities otherwise exempted from this Article, each such employer shall provide a smoke-free work area for each employee requesting not to have to breathe environmental 5 tobacco smoke. Every employee shall have a right to work in an area free from environmental tobacco smoke; (12) Food service establishments; (13) Bars; ( 14) Limited gaming facilities and any other facilities in which any gaming or gambling activity is conducted; (15) Indoor sports arenas; (16) Restrooms, lobbies, hallways, and other common areas in public and private buildings, condominiums, and other multiple-unit residential facilities; (17) Restrooms, lobbies, hallways, and other common areas in hotels and motels, and in at least seventy-five percent (75%) of the sleeping quarters within a hotel or motel that are rented to guests; (18) Bowling alleys; (19) Billiard or pool halls; (20) Facilities in which games of chance are conducted; (21) The common areas of retirements facilities, publicly owned housing facilities, and, except as specified in section 9-24(6), nursing homes. not including any resident's private residential quarters or areas of assisted living facilities specified in Section 9-24(6); (22) Public buildings; (23) Auditoria; (24) Theatres; (25) Museums; (26) Libraries; (27) To the extent not otherwise provided in Section 25-14-103.5, C.R.S., public and nonpublic schools; (28) Other educational and vocational institutions; (29) Retail smoking accessory businesses; 6 (30) The entryways of all buildings and facilities listed in paragraphs (a)(1) through (a)(29) of this Section. (b) Except as provided in Section 9-24, and in order to reduce the levels of exposure to environmental smoke, smoking shall not be permitted and no person shall smoke in the following outdoor areas: (1) The following facilities and areas of any public property within the City: a. Parks, playgrounds, swimming pools, recreation facilities, skate parks, athletic fields, picnic shelters, tennis courts, greenbelts, trails and open space and similar locations; and b. Outdoor locations to which the general public has access to participate in City events, such as the Camation Festival and other City events. (2) Transit stops, including light-rail platforms and bus stops, with or without benches and/or shelters. (c) Nothing herein shall be deemed to permit the consumption of marijuana that is conducted openly and publicly, in a manner that endangers others or otherwise violates state law. Sec. 9-24. Exceptions to smoking restrictions. (a) This Article shall not apply to: ( 1) Private homes, private residences, and private automobiles; except that Section 9-23 of this Article shall apply if any such home, residence, or vehicle is being used for child care or day care or if a private vehicle is being used for the public transportation of children or as part of health care or day care transportation; (2) Limousines under private hire; (3) A hotel or motel room rented to one (1) or more guests if the total percentage of such hotel or motel rooms in such hotel or motel does not exceed twenty-five percent (25%); ( 4) The smoking of tobacco in a cigar-tobacco bar; (5) The smoking of tobacco within outdoor seating and patio areas provided by food service establishments and bars; 7 (6) The smoking of tobacco within the outdoor area of any business not specified under subsection (5) above, except to the extent that the outdoor area of such business is within fifteen (15) feet of an entryway; (7) A place of employment that is not open to the public and that is under the control of an employer that employs three or fewer employees; (8) A private nonresidential building on a farm or ranch, as defined in Section 39-1-102, C.R.S., that has annual gross income of less than five hundred thousand dollars ($500,000); (9) A. The areas of assisted living facilities: (i) That are designated for smoking for residents; (ii) That are fully enclosed and ventilated; and (iii) To which access is restricted to the residents or their guests; or (1 0) The smoking of tobacco in a retail tobacco business. B. As used in this subparagraph (a)(9), "assisted living facility" means a nursing facility, as that term is defined in 25.5-4-103, C.R.S., and an assisted living residence, as that term is defined in section 25-27-102, C.R.S. Sec. 9-25. Optional prohibitions. (a) The owner or manager of any place not specifically listed in Section 9-23, including a place otherwise exempted under Section 9-24, may choose to prohibit smoking in such place or restrict smoking to certain designated areas only by posting signs that provide notice of the same. Where signs are posted that prohibit smoking, whether in all areas or only in certain designated non-smoking areas, such posting shall have the effect of including such place or the designated nonsmoking portion thereof, in the places where smoking is prohibited or restricted pursuant to this Article. (b) If the owner or manager of a place not specifically listed in Section 9-23, including a place otherwise exempted under Section 9-24, is an employer and receives a request from an employee to create a smoke-free work area, the owner or manager shall post a sign or signs in the smoke-free work area as provided in subsection (a) of this Section. 8 Sec. 9-26. Other applicable regulations of smoking. This Article shall not be construed to permit smoking where it is otherwise restricted by any other applicable law, including, but not limited to Section 11 - 404(e) of this Code, prohibiting marijuana clubs, and Section 16-131(c) of this Code, prohibiting the open and public consumption of marijuana products, marijuana, cannabis, or cannabis concentrate. Sec. 9-27. Hookah bars prohibited. Hookah bars are prohibited within the City. Sec. 9-28. Unlawful acts . (a) It is unlawful for a person who owns, manages, operates, or otherwise controls the use of property subject to the provisions in this Article to violate or to knowingly permit the violation of any provision of this Article. (b) It is unlawful for a person to smoke in an area where smoking is prohibited pursuant to this Article. Sec. 9-29. Reserved. Section 2. Article II of Chapter 17 of the Wheat Ridge Code of Laws, concerning Park Rules, is hereby amended by the addition of a new Section 17-56, to read in its entirety as follows: Sec. 17-56. Smoking. It shall be unlawful to engage in smoking, as defined by Section 9-22 of this Code, within or upon any park, pa rkway, trail, pathway, recreational facility or recreational building, as defined by Section 17-1 hereof. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge , that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained . Section 4. Severabilitvi 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. 9 Section 5. Effec tive 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 8 to 0 on this 28th day of September, 2015, 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 October 12, 2015, at 7:00 o'clock 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 , 2015. SIGNED by the Mayor on this ____ day of _________ , 2015. ATTEST: Janelle Shaver, City Clerk First Publication: October 1, 2015 Second Publication: Wheat Ridge Transcript Effective Date: Joyce Jay, Mayor Approved As To Form Gerald E. Dahl, City Attorney 10 "" ' , ~ .,. City of JP' WheatR.i_clge ITEM NO:~ DATE: October 12,2015 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 23-2015 -AN ORDINANCE APPROVING A ZONE CHANGE FROM RESIDENTIAL-ONE (R-1) TO MIXED USE-NEIGHBORHOOD (MU-N) FOR PROPERTY LOCATED AT 10191 W. 38'h A VENUE (CASE NO. WZ-15- 06/BUCK) D PUBLIC HEARJNG D BIDS/MOTIONS 0 RESOLUTIONS ISSUE: [8J ORDINANCES FOR J5T READING (10/12/2015) 0 ORDINANCES FOR 2ND READING (11 /9/2015) D NO c~ This application is for approval of a zone change from Residential-One (R-1) to Mixed Use- Neighborhood (MU-N) for property located at 10191 W. 38'" Avenue. The zone change is the first step of the process for approval for redevelopment of this site under MU -N zoning. If approved, and prior to any construction, a site plan review will be required to conftrm compliance with the City zoning code and the Architectural and Site Design ManuaL This review would be administrative with no additional publi c hearings required. PRJOR ACTION: Planning Commission heard the request at a public hearing on September 17,2015. The Planning Commission recommended approval of this request. The staff report and meeting mjnutes from the Planning Commission public hearing wi U be included with the ordinance for second reading. Zoning Change at 10191 381h Avenue October 12. 2015 Page2 FINANCIA L IMPACT: Fees in the amount of $880 were collected for the review and processing of Case No. WZ-15-06. lf the proposed rezoning is approved, there could be an advancement of the City's goals for economic development, including the redevelopment of the site in response to redevelopment in the area of Kipling Ridge, at W. 381h Avenue and Kipling Street. BACKGROUND: Subject Property The property is located in the western portion of the City at 1019 1 W. 38th Avenue. Per the Jefferson County Assessor, the property is 20,299 square feet (0.47 acres) in size. The primary structure on the property was originally built in 1900 as a single famil y home and the prope1t y also has a detached garage. Lena Gulch is located north of the property, with approximately five feet of the northwestern most comer encumbered by the 1 00-year floodplain and floodway. The floodplain does not im pact the development opportunity on the property. One driveway of roughly 20 feet in width is used for access offofW. 38th Avenue. TI1e residence is currently occupied as a rental. Surrounding Land Uses The surrounding properties include a variety of land uses and zoning designations. Zoning along the north side ofW. 38th Avenue consists of residential zones to the west and north . A single property immediately east of the subject property is zoned PCD and operating as a dental office. C-1 zoning is prominent along W. 38th Avenue at the intersection with Kipling Street, and west along U1e south side of W. 38th Avenue. The subject property is across the street from the new Kipling Ridge development. · Current and Proposed Zoning The property currently is zoned Residential-One (R-1 ). The R-1 zoning allows large-lot single family homes. The applicants are requesting the property be rezoned to Mixed Use-Neighborhood, a zone district intended to provide medium density mixed use development. In addition to residential and civic uses, it all ows for a more limited range of neighborhood serving commercial and retail use . The applicant has no specific development plan at this time, and the property is currently listed for sale. The application has been through the standard refen·al process with no concerns raised by any outside agencies or City departments. A separate referral process wi ll be required as part of future site redevelopment. RECOMMENDED MOTION: "I move to approve Council Bill No. 23-2015. an ordinance approving a zone change from Residential-One (R-1) to Mixed Use-Neighborhood (MU-N) for property located at 10191 W. 381h A venue on first reading. order it published, public hearing set for Monday. November 9, 2015 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication.'' Zoning Change at 10191 381h Avenue October 12, 2015 Page 3 REPORT PREPARED/REVIEWED BY: Lisa Ritchie, Planner I1 Kenneth Johnstone, Community Development Director Patrick Goff, City Man ager ATTACHMENTS: 1. Council Bill No. 23-2015 TITLE: CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER ------- COUNCIL BILL NO. 23 ORDINANCE NO. ___ _ Series of 2015 AN ORDINANCE APPROVING A ZONE CHANGE FROM RESIDENTIAL-ONE (R-1) TO MIXED USE-NEIGHBORHOOD (MU-N) FOR PROPERTY LOCATED AT 10191 W. 38th AVENUE (CASE NO. WZ-15-06/BUCK) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, a land use application has been submitted for approval of a zone change to Mixed Use-Neighborhood zone district for property located at 10191 W. 38th Avenue; and WHEREAS, the subject property is in an area currently undergoing change and redevelopment; and WHEREAS, the proposed zone change is supported by the City's Comprehensive Plan-Envision Wheat and the zone change criteria specified in Section 26-112. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Michael Buck for approval of a zone change from Residential-One (R-1 ) to Mixed Use-Neighborhood (MU-N) for property located at 10191 W. 38th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND IS DESCRIBED AS FOLLOWS: A parcel of land located in the Southeast Quarter of the Southeast Quarter of Section 21 , Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado, being more particularly described as follows: Commencing at the Southeast corner of the East one half of the Southeast Quarter of the Southeast Quarter of Section 21 , whence the South Quarter corner thereof bears South 89 degrees 12 minutes 43 seconds West, a distance of 1981.61 feet; thence North 00 degrees 08 minutes 23 seconds West along the West line of the East half of the Southeast Quarter of the Southeast Quarter of said Section 21, a distance of 30.00 feet to a point on the North right-of-way line of West 38th Avenue, being the point of beginning ;thence continuing North 00 degrees 08 minutes 23 seconds West, a distance ATTACHMENT 1 of 140.00 feet; thence North 89 degrees 12 minutes 43 seconds to a point on said North right-of-way line, a distance of 145.00 feet to the point of beginning, County of Jefferson, State of Colorado. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. Section 4. Severability: Conflicting Ordinance Repealed. If any section, subsection or clause of the 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 5. Effective Date. This Ordinance shall take effect 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 12'h day of October, 2015, ordered it published with Public Hearing and consideration on final passage set for Monday, November 9, 2015 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2015. SIGNED by the Mayor on this ___ day of ______ . 2015. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk 1st publication: 2 nd publication: Wheat Ridge Transcript: Effective Date: Approved as to Form: Gerald Dahl, City Attorney ~~·" .. r City of JP'Wheat_RLdge ITEM NO:~ DATE: October 12, 20 15 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 24-2015 AN ORDINANCE AMENDING SECTION 5-38 AND CHAPTER 16 OF THE WHEAT RIDGE CODE OF LAWS, TO PLACE LIMlTS ON THE HOURS OF PRIVATE CONSTRUCTION ACTIVlTY IN THE CITY AND PROVIDING A REMEDY FOR VIOLATIONS OF THE SAME D PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS ISSUE: [gl ORDINANCES FOR 15T READING (10/12/15) D ORDINANCES FOR 2 D READ£NG (10126/15) D YES (g) NO ~djj Many cities place limits on the hours when private construction activity is allowed to occur. This is typicall y done in order to mitigate nuisance types of impacts (noise, dust, vibration, etc.) on neighboring properties, particularly in residential areas. The City of Wheat Ridge currently has no specified limits on the hours of construction on private property; however, construction in the public rights-of-way are only permitted from 7 am to 7 pm on weekdays and only allowed on weekends with prior approval from the Director of Public Works. PRIOR ACTION: At the October 5, 2015, study session, C ity Council directed staff to draft an ordinance placing limits on the hours of private construction activity in the City. Council generally recommended an ordinance allowing construction from the hours of7 am to 7 pm and clarifyin g that interior construction activities, whi ch do not generate unreasonable noise are explicitly exempted from the hours restrictions. FINANCIAL IMPACT: None CAF -Permissible Hours for Constructi on Activity October 12.2015 Page2 BACKGROUND: Staff conducted research on cities in the area. Most place some limits on the hours of construction on private property. Some enforce stricter standards and some enforce more limited hours on weekends. Staff believes the proposal to limit th e permissi ble hours to 7 am to 7 pm is reasonabl e and in-line with most surrounding jurisdicti ons. Some jurisdictions also incorporate standards based on noise (decibel) levels. Staff believes that approach is overly complex and enforcement would require new equipment, and training on the proper use of the equipment. Staff proposes the limitation on hours be located in Chapter 16 -Miscellaneous Offenses. A cross-reference is provided in Chapter 5 (Bui ldings) for enforcement purposes. Some of the rational e for locating in Chapter 16 is as foll ows: • Chapter 16. Article V is titled Qffenses Againsr the Public Peace and already includes sections more generally covering unreasonable noise and disturbing the peace • Chapter 16 provides broader applicability, making the requirement apply broadly to construction acti vity, much of which may not require building pem1its. An example of such work would be concrete (flat) work, which generall y does not require a permit on pri vate property. The ordinance includes a broad definition of"construction activities", but also lists several different pieces o f machinery that are covered by th e definitio n and therefore would not be allowed to be used before 7 am and after 7 pm. If adopted, staff would implement processes to ensure the lim itation is clearly communicated to all licensed contractors in the City. Standardized notes. which are added to all approved building permits. wi ll be added. The addition of an acknowledgement of the requirement on all applications for contractor licenses is also proposed. RECOMMENDAT IONS: Staff is not recommending any additi onal public process beyond the standard public hearing and notice provided tor the ordinance. The proposed ordinance is reasonable and consistent with surrounding cities, and in some cases less restrictive. and therefore staff does not feel additional public outreach is needed. Staff recommends City Co unci I approve the ordinance to amend the code to limit the hours of private construction in the City. RECOMMENDED MOT ION: "I move to approve Council Bill No. 24-2015. an ordinance amending Section 5-38 and Chapter 16 of the Wheat Ridge Code of Laws, placing limits on the hours of private constructio n in the City and providing a remedy for violations of the same, on first reading. public hearing set for Monday, October 26, 2015, at 7 p.m. in City Council chambers and that it take effect 15 days after final publication." CAF -Permissible Hours for Construction Activity October 12, 2015 Page 3 Or, "I move to postpone indefinitely Council Bill No. 24-2015, an ordinance amending Section 5-38 and Chapter 16 of the Wheat Ridge Code ofLaws, and placing limits on the hours of private constn1ction in the City and providing a remedy fo r violations of the same, for the following reason(s): " REPORT PREPARED/REVIEWED BY: Ken Johnstone, Director of Community Development Patrick Goff. City Manager ATTACHMENTS: J. COtmcil Bill No. 24 -2015 TITLE: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ------ Council Bill No. 24 Ordinance No. ___ _ Series of 2015 AN ORDINANCE AMENDING SECTION 5·38 AND CHAPTER 16 OF THE WHEAT RIDGE CODE OF LAWS TO PLACE LIMITS ON THE HOURS OF PRIVATE CONSTRUCTION ACTIVITY IN THE CITY AND PROVIDING A REMEDY FOR VIOLATIONS OF THE SAME WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-401, the City, acting through its City Council (the "Council"), is authorized to adopt rules and regulations prohibiting certain conduct and defining general offenses that harm or pose a threat to the public health, safety or welfare; and WHEREAS, the Council finds that the conduct of construction activities during certain hours presents a threat to the public welfare by degrading or preventing the quiet enjoyment of properties adjacent to and in the immediate area of the property upon which the construction occurs, particularly during the hours many residents devote to sleep; and WHEREAS, the Council finds that restricting construction activities to certain hours of the day strikes a fair balance between the competing needs of residents and businesses to perform construction projects and the needs of other residents and businesses to enjoy their respective properties in relative peace and comfort; and WHEREAS, the Council therefore determines that it is necessary and desirable to impose certain hours restrictions on construction activities and to authorize adverse action against a building permit when work performed under the permit violates those restrictions, all as further set forth herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 5-38 of the Wheat Ridge Code of Laws, concerning building permit suspension and revocation, is hereby amended as follows: Sec. 5-38. Revocation and suspension-Generally. The building inspection division may revoke or suspend any permit or may stop the work for any of the following reasons: ( 1 ) Whenever there is a violation or suspicion of a violation of any provision of this chapter, Gf any city ordinance which the division is empowered to enforce OR SECTION 16-115 OF THIS CODE, CONCERNING PERMISSIBLE HOURS OF CONSTRUCTION ACTIVITIES. (2) Whenever the continuance of any work becomes dangerous to life or property. Attachment 1 Section 2. Chapter 16 of the Wheat Ridge Code of Laws, concerning general offenses, is hereby amended by the addition of a new section 16-115, to read in its entirety as follows: Sec. 16-115. Construction activities -hours restricted. (a) Except as otherwise provided herein, it is unlawful for any person to engage in, or cause or permit any person to be engaged in, construction activities in any residential or commercial district between the hours of seven (7:00) P.M. of one day and seven (7:00) A.M. of the following day. Construction activities required to address an immediate threat to the health, safety or welfare of any person are exempted from the provisions of this section. (b) As used in this section, "construction activities" includes, by way of illustration only and not by way of limitation: pouring concrete and idling of concrete mixing trucks; operating construction-related equipment; performing outside construction work for the purposes of erection, demolition, excavation, alteration or repair of any building , structure or project; operating a pile driver, power shovel, pneumatic hammer, derrick, power hoist or other construction-type device; and loading and unloading of construction materials or idling of delivery trucks , specifically excluding interior construction activities that do not otherwise violate Section 16-103 of this Code. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. 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 5. 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 12th day of October, 2015, 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 October 26, 2015, at 7:00 o'clock 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 , 2015. SIGNED by the Mayor on this ___ day of _________ , 2015. Joyce Jay, Mayor 2 ATTEST: Janelle Shaver, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Approved As To Form Gerald E. Dahl, City Attorney 3 \ '~ -" • " City of _ JP'WlieatRLdge ITEM NO:~ DATE: October 12, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 41-2015 -A RESOLUTION ADOPTING THE WADSWORTH BOULEY ARD PLANNING AND ENVIRONMENTAL LINKAGE STUDY D PUBLIC HEARlNG D BIDS/MOTIONS [8J RESOLUTIONS QUASI-JUDICIAL: ISSUE: 0 ORDINANCES FOR I sT READING 0 ORDINANCES FOR 2ND READlNG 0 YES [8J NO C;~~ The City was awarded funding for a transportation study on Wadsworth Boulevard from 361h Avenue to 46th Avenue through the Denver Regional Council of Governments (DRCOG) Transportation Improvement Program (TIP) in September 20 12. The project conducted a Planning and Environmental Linkage Study (PEL) to identify traffic congestion and safety issues, develop multi-modal solutions and related environmental mitigation for future construction improvements to this highway corridor. The study was commissioned in January 2014 and completed over the course of 18 months with an extensive public process including input from various stakeholders. Through the process, the project limits were expanded to 35th Avenue on the south and to the eastbound 1-70 ramps on the north. Adopting the study is necessary to fonnally authorize this as a guiding document for future phases of the corridor reconstruction including environmental assessment, design, right-of-way acquisition, and construction. CAF -Wadsworth PEL October 12. 2015 Page 2 PRJOR ACTJON : An Intergovernmental Agreement (IGA) with COOT was approved by resolution on May 13, 2013, to authorize the study. Subsequently, the C ity Council approved the selecti on of Parsons Brinckerhotfas the consultant to perfom1 the study on January 14,2014. FfNANCI AL I MPACT: The City received a grant from DRCOG in the amount $636,000 for this project. At this point, the project is expected to be completed for less than $1 ,000,000. The City will be responsible for the costs in excess of the grant. BACKGROUND: ln March 20 I 2. the City applied to the Denver Regional Council of Governments for Federal transportation funds available for fiscal years 2012 through 2017 to help fund a transportation and environmental study on Wadsworth Boulevard from 36111 to 461h A venue. DR COG awarded the grant application in September of2012. This project has resulted in a study and findings which will be utilized for design and the environmental assessment of future transportation improvements. TI1e PEL Study established a purpose and need for a required future highway environmental study, defined the study area for subsequent phases, and developed reasonable alternatives. The study also identified program priorities, timeframes, and potential funding to be used in updating transportation plans and transportation improvement programs (TJ.Ps). The improvement of this segment of Wadsworth Boulevard has been a l1igh priori ty for both COOT and the City of Wheat Ridge for over twenty (20) years. Lack of available funding is the primary reason for postponing improvements. The purpose of this project is to transform Wadsworth Boulevard from 35th Avenue to the eastbound 1-70 ramps into a multi-modal faci li ty that enhances regional mobility, provides local accessibility, and supports the vision of a livable, walkable mixed-use corridor. The study identified the improvements needed to widen Wadsworth Boulevard to six (6) travel lanes, including the major intersections at 38th and 44th Avenues, provide additional turn lanes at key congested intersections. and install medians to better manage access. Bicycle and pedestrian facilities have also been proposed as essential components of an improved roadway. The study kicked off in February 2014. The project team developed a screening process which was built on continuous input from resource agencies. stakeholders, and the public (both general and block-by-block specific public meetings). The screening process consisted of three levels beginning with 55 options that were packaged into I 0 concepts that were further narrowed to 3 alternatives and ultimately a final recommended alternative. The process was designed to consider a wide array of transportation options initially and then systematically identify the alternatives that best addressed the long-term mobility, accessibility, safety needs, and quality of life enhancements. Specific access management examination CAF -Wadsworth PEL October 12, 20 15 Page3 included access point analysis, signal timing analysis, signal progression analysis, and transit access coordination with RTD. Through a systematic process, the study resulted in a fi11al recommended alternative to be explored further toward implementation through the next phases such as an environmental assessment, design, right-of-way acquisition, and construction. RECOMMENDATIONS: Staff recommends adopting the study as the guiding document for the future corridor reconstruction. RECOMMENDED MOTION: "I move to approve Resolution No. 41-2015, a Resolution adopting the Wadsworth Boulevard Planning and Environmental Linkage Study." Or: "I move to postpone indefinitely Resolution No. 41-2015, a Resolution adopting the Wadsworth Planning and Environmental Linkage Study, for the following reason(s): _______ _ REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Supervisor Steve Nguyen, Engineering Manager Scott Brink, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: I. Resolution No. 41-2015 2. Wadsworth PEL Executive Summary " CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 41 Series of 2015 TITLE: A RESOLUTION ADOPTING THE WADSWORTH BOULEVARD PLANNING AND ENVIRONMENTAL LINKAGE STUDY WHEREAS, the City Council authorized a planning and environmental linkage study of the Wadsworth Boulevard corridor from 35tn Avenue to the eastbound 1-70 ramps; and WHEREAS, the City was awarded a federal transportation grant by the Denver Regional Council of Governments (D RCOG) to conduct a study for this particular roadway segment; and WHEREAS, the City negotiated a contract with the Colorado Department of Transportation (COOT ), DRCOG's funding steward , for funding of the study; and WHEREAS, the study is anticipated to cost under $1,000,000 and the City will receive reimbursement in the amount of $636,000 from COOT; and WHEREAS, the Wadsworth PEL has successfully been completed in accordance with City, State, and Federal requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: Section 1. Study Adopted. The Wadsworth Boulevard Planning and Environmental Linkage Study, Project No. STU1211-081 , SA 19488, is hereby adopted and the Mayor and City Clerk are authorized and directed to execute the same. Section 2. This Resolution shall be effective immediately upon adoption. DONE AND RESOLVED this __ day of _____ , 2015. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 \ ' # .... -r City or JP'"Whe atR!_dge ITEMNO:_h DATE: October 12, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 43-2015 -A RESOLUTION APPROVING AN AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) FOR THE WADSWORTH BOULEVARD WIDENING PROJECT FROM 35TH A VENUE TO 48TH A VENUE 0 PUBLIC HEARING D BID S/MOTIONS ~ RESOLUTIONS D ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2ND READING QUASI-JUDIClAL: D YES ~ifk. ISSUE: In October of2014 the City was awarded funding through the Denver Regional Council of Governments (ORCOG) Transportation Improvement Program (TIP) to improve the capacity on Wadsworth Boulevard from 35th A venue to 481h A venue. The widening and improvement project consists of an environmental assessment, design plan, right-of-way acquisition, and reconstruction ofWadsworth Boulevard. The recently-completed Planning and Environmental Linkage Study (PEL) identified traffic congestion and safety issues, developed multi-modal solutions, identified related environmental issues, and identified related mitigation measures needed for the National Environmental Policy Act (NEPA) environmental assessment, which is the next phase of the project. The federal grant will provide $25 280,000 to assist in funding the estimated $40,000,000 project. COOT wi ll administer the project's federal funding, and the City wi ll manage the project. Entering into an Intergovernmental Agreement (IGA) with CDOT is necessary to formally authorize the project. TI1e IGA states that the City will initially finance the cost of the project, and COOT will reimburse 80% of the costs, not to exceed $25,280,000. Council Action Form-C OOT IGA for Wadsworth Widening October 12, 20 15 Page2 PRIOR ACTION: None FINANCIAL IMPACT: City staff will administer the project with reimbursement of 80% of all of the costs, not to exceed $25,280,000 by COOT. The City's portion is $6,320,000 at this time. Funding for the first phase of the project has been proposed in the Wadsworth environmental assessment design and construction 2016 Capital Investment Program (CIP) budget in the amount of $1 ,500,000. Likewise, the 2016 CIP revenues reflect the expected reimbursements. ln 2017, slightly higher expenditures and reimbursements will occur to complete the design and start the right-of-way acquisition phases. Beyond 20 17, the additional funding needed to cover the remaining right-of- way acquisition and construction costs for the non-federal share is expected to be covered by a combination of sources, including the City, COOT, and other sources yet to be determined. The rota! estimated budget at this time is a little over $40 million. BACKGROUND: ln OctOber 2014. the City applied to the DR COG for federal transportation fund s available for fi scal years 2016 through 2021 to help fund a widening and improvement project on Wadsworth Boulevard from 351h A venue to 481h A venue. OR COG awarded the grant application in October 2014. This project will entail multiple phases which include an environmental assessment. design, right- of-way acquisition, and reconstruction of Wadsworth Bouleva rd . The recently-completed PEL identified traffic congestion, safety issues and proposed long-term roadway and multimodal improvements, which consider local and regional traffic and land use on the corridor. These findings will serve as guiding principles for all phases of the project. The improvement of thi s segment of Wadsworth Boulevard has been a high priority for both COOT and the City of Wheat Ridge for more than 20 years. The primary reason for postponing the improvements has been th e lack of funding. The final recommended alternative from the PEL has identified the improvements needed to widen that segment of Wadsworth Boulevard to six travel lanes, including the major intersections at 38th and 44th A venues, provide additional turn lanes at key congested intersections, and install medians to help manage access. Bicycle and pedestrian faci lities wi ll also be studied. Although the contract states that the City will provide a match of$6,320,000, the City will have to fund any excess cost to complete the project. RECOMMENDATIONS: Staff recommends approving the IGA with COOT to proceed with the widening project. Council Action Form-CDOT IGA for Wadsworth Widening October 12, 20 15 Page 3 RECOMMENDED MOTION: "I move to approve Resolution No. 43-2015, a resolution approving a contract with the Colorado Department ofTransportation tor the Wadsworth Boulevard Widening Project from 35th Avenue to 48111 A venue." Or, "1 move to postpone indefinitely Resolution No. 43-2015, a resolution approving a contract with the Colorado Department ofTransportation for the Wadsworth Boulevard Widening Project from 35th Avenue to 48111 Avenue. For the following reason(s): ." REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Supervisor Steve Nguyen, Engineering Manager Scott Brink, Director of Publlc Works Patrick Goff, City Manager A TT ACBMENTS: 1. Resolution No. 43-2015 2. CDOT Agreement-Project No. NHPP 12 I 1-086, SA 21006 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 43 Series of 2015 TITLE: A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION (COOT) FOR THE WADSWORTH BOULEVARD WIDENING PROJECT FROM 35TH AVENUE TO 48TH AVENUE WHEREAS, the City Council wishes to provide for the widening of Wadsworth Boulevard from 35th Avenue to 48th Avenue; and WHEREAS, the City has been awarded a federal transportation grant by the Denver Regional Council of Governments (DRCOG) to improve this segment; and WHEREAS, the City has negotiated an Agreement with the Colorado Department of Transportation, DRCOG's funding steward, for the funding of the Project; and WHEREAS, project funds are programmed in the 2016 Capital Investment Program budget in the total amount of $1,500,000 to finance the initial project cost, and the City will seek reimbursement of 80% of the Project costs from COOT upon Project completion; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: Section 1. Agreement Approved. The Agreement between the City and the Colorado Department of Transportation for Project No. NHPP 1211-086, SA 21006: Wadsworth Boulevard Widening from 35th Avenue to 48th Avenue, is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. Section 2. This Resolution shall be effective Immediately upon adoption. DONE AND RESOLVED this __ day of _____ , 2015. Joyce Jay, Mayor ATIEST: Janelle Shaver, City Clerk Attachment 1 (FMLAWRK) Project: Wads"'orth Boule\•ard Widening:35th An to 48" Ave NliPP 1211 -086 (21006) Region: 01 (JH) jSTATE OF COLORADO Department of Transportation Agreement with City of Wheat Ridge TABLE OF CONTENTS Rev. 718/09 Routing N: 16-IIA 1-ZU-00035 SAP 10 N: 471000792 I. PARTIE$ ................................................................................................................................................. 2 2. EFFECTIVE DATE AND NOTICE OFNONLIABILITY .................................................................... 2 3. RECITALS .............................................................................................................................................. 2 4. DEFINITIONS ........................................................................................................................................ 2 5. TERM AND EARLY TERM1NAT10N .................................................................................................. 3 6. SCOPE OF WORK ................................................................................................................................. 3 7. OPTION LETTER MOD1FlCATJON ..................................................................................................... 7 8. PAYMENTS ............................................................................................................................................ 7 9. ACCOUNTrNG ....................................................................................................................................... 9 10. REPORTING-NOTIFICATION ......................................................................................................... 10 II . LOCAL AG ENCY RECORDS ............................................................................................................. IO 12. CONFIDENTIAL INFORMATION-STATE RECORDS .................................................................... II 13. CONF LICT OF INTEREST .................................................................................................................. II 14. REPRESENTATIONS AND WARRANTIES ...................................................................................... II 15. rNSURANCE ........................................................................................................................................ I2 16. DEFAULT-BREACH ........................................................................................................................... I3 17. REMEDIES ........................................................................................................................................... I3 18. NOTICES and REPRESENTATIVES .................................................................................................. I5 19. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE ............................................. I6 20. GOVERN'M ENT AL IMMUNITY ........................................................................................................ 16 21 . STATEW IDE CONTRACT MANAGEMENT SYSTEM .................................................................... I6 22. FEDERAL REQUIREMENTS ............................................................................................................. 16 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ..................................................................... I6 24. DISPUTES ............................................................................................................................................ 17 25. GENERAL PROV ISIONS .................................................................................................................... 17 26. COLORADO SPECIAL PROVISIONS ............................................................................................... 20 27. SIGNATURE PAGE ............................................................................................................................. 22 28. EXHIBIT A -SCOPE OF WORK 29. EXHIBIT B -LOCAL AGENCY RESOLUTION 30. EXHlBIT C-FUNDrNG PROVISIONS 31. EXHIBIT D -OPTION LETTER 32. EXHIBIT E-LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST 33. EX HIBIT F-CERTIFICATION FOR FEDERAL-A ID CONTRACTS 34. EXHIBIT G -DISADVANTAGED BUSINESS ENTERPRISE 35. EXHJBIT H-LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES 36. EX HIBIT I -FEDERAL-AID CONTRACT PROVISIONS 37. EXHIBIT J -FEDERAL REQUIREMENTS 38. EXHJBIT K -SUPPLEMENTAL FEDERAL PROVISIONS Attachment 2 I. PARTIES TH IS AGREEMENT is entered into by and between City of Wheat Ridge (hereinafter called the ''Local Agency"). and the STATE OF COLORADO acting by and through the Depanment of Transponation (hereinafter called the "State" or "COOT'). 2. EFFECT IVE DATE AND NOTICE OF NONLIABILITY This Agreement shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or their desig nee (hereinafter called the "Effective Date''). The State shall not be liable to pay or reimburse the Local Agency for any perfonnance hereunder. including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3. RECITALS A. Author ity, Appropriation, and Approval Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment and the required approval. clearance and coordinat ion have been accomplished from and with appropriate agencies. i. Federal Authority Pursuant to Title I. Subtitle A, Section I I 08 of the "Transponation Equity Act for the 21st Century·• of 1998 (TEA-2 1) and/or the ··safe, Accountable, Flexible. Efficient Transpon ation Equity Act: A Legacy for Users'' (SAFETEA-LU) of 2005 and to applicable provisions o f 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"), cenain federal fund s have been and are expected to continue to be allocated for transportation projects requested by the Local Agency and eligible under the Surface Transportation Improvement Program that has been proposed by the State and approved by the Federal Highway Administration ("FHW A .. ). ii. tate Authority Pursuant to CRS §43-1-223 and to applicable ponions o f the Federal Provisions. the State is responsible for the general administration and supervision of performance of projects in the Program, including the administration o f federal funds for a Program project perfonned by a Local Agency under a cont ract with the State. This Agreement is executed under the authority of CRS §§29-1-203, 43-1 -1 10; 43-1-116. 43-2-101(4)(c) and 43-2-104.5. B. Consideration The Panics acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to suppon this Agreement. C. Purpose The purpose of this Agreement is to disburse Federal funds to the Local Agency pursuant to COOT's Stewardship Agreement with the FHW A. D. References All references in this Agreement to sections (whether spelled out or using the § symbol). subsections. exhibits or other attachments, are references to sections. subsections, exhibits or other attachments contained herein or incorporated as a pan hereof, unless otherwise noted. 4. DEFINITIONS The following tenns as used herein shall be construed and interpreted as follows: A. Agreement or Contract "Agreement" or ··contract'' means this Agreement, its tenns and conditions. attached exhibits, documents incorporated by reference under the tenns of this Agreement. and any future modi fying agreements. exhibits, attachments or refere nces that are incorporated pursuant to Colorado State Fiscal Rules and Policies. B. Agreement Funds "Agreement Funds" means funds payable by the State to Local Agency pursuant to this Agreement. C. Budget "Budget .. means the budget for the Work described in Exhibit C. Document Builder Generated Page 2 of 22 D. Consultant and Contractor "Consultant" means a professional engineer or designer hired by Local Agency to design the Work and "Contractor" means the general construction contractor hired by Local Agency to construct the Work. E Evaluation "Evaluation" means the process of examining the Local Agency's Work and rating it based on criteria established in §6 and Exhibits A and E. f. Exbjbits and Other Att.achmeots The following exhibit(s) are attached hereto and incorporated by reference herein: Exhibit A (Scope of Work), Exhibit B (Resolution), Exhibit C (Funding Provisions). Exhibit D (Option Letter), Exhibit E (Checklist), Exhibit F (Certification for Federal-Aid Funds), Exhibit G (Disadvantaged Business Enterprise), Exhibit H (Local Agency Procedures), Exhibit I (Federal-Aid Contract Provisions), Exh1bit J (federal Requirements) and Exhibit K (Supplemental Federal Provisions}. G. Goods "Goods" means tangible material acquired, produced. or delivered by the Local Agency either separately or in conjunction with the Services the Local Agency renders hereunder. H. Oversight "Oversight'' means the term as it is defined in the Stewardship Agreement between COOT and the Federal Highway Administration ("FHW A") and as it is defined in the Local Agency Manual. I. Party or Parties "Party" means the State or the Local Agency and "Parties" means both the State and the Local Agency J. Work Budget Work Budget means the budget described in Exhibit C. K. Suvices "Services" means the requi red services to be performed by the LocaJ Agency pursuant to this Contract. L. Work "Work .. means the tasks and activities the Local Agency is required to perform to fulfill its obligations under this Contract and Exhibits A and E, including the performance of the Services and delivery of the Goods. M. Work Product "Work Product" means the tangible or intangible results of the Local Agency's Work, including, but not limited to, software. research, reports, studies, data. photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts. 5. TERM AND EARLY TERMINATION The Parties' respective perfonnances under this Agreement shall commence on the Effecti ve Date. This Agreement shall terminate after five (5) years of state controllers signature in section 27, unless sooner terminated or completed as demonstrated by final payment and final audit. 6. SCOPE Of WORK A. Completion The Local Agency shall complete the Work and other obligations as described herein in Exhibit A. Work performed prior to the Effective Date or after final acceptance shall not be considered part of the Work. B. Goods and Services The Local Agency shall procure Goods and Services necessary to complete the Work. Such procurement shaJI be accomplished using the Contract Funds and shall not increase the maximum amount payable hereunder by the State. C. Employees All persons employed hereunder by the Local Agency, or any Consultants or Contractors shall be considered the Local Agency's, Consultants', or Contractors' employee(s) for all purposes and shall not be employees of the State for any purpose. D. State and Local Agency Commitments i. Design Document Builder Genemtcd Page 3 of 22 If the Work includes preliminary design or final design or design work sheets. or special provisions and estimates (collectively referred to as the "Plans"), the Local Age ncy shall comply with and be responsible for satisfying the following requirements: a) Perform or provide the Plans to the extent required by the nature of the Work. b) Prepare final design in accordance with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard. such as the Unifonn Building Code, as approved by the State. c) Prepare provisions and estimates in accordance with the most current version of the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local Agency specifications if approved by the State. d) Include details of any required detours in the Plans in order to prevent any interference of the construction Work and to protect the traveling public. e) Stamp the Plans produced by a Colorado Registered Professional Engineer. f) Provide final assembly of Plans and all other necessary documents. g) Be responsible for the Plans' accuracy and completeness. h) Make no further changes in th e Plans following the award of the construction contract to contractor unless agreed to in writing by the Parties. The Plans shall be considered final when approved in writing by COOT and when final they shall be incorporated herein. ij, Local Agency Work a) Local Agency shall comply with the requirements of the Americans With Disabilities Act (ADA), and applicable federal regulations and standards as contained in the document ''ADA Accessibility Requirements in COOT Transportation Projects". b) Local Agency shall afford the State ample opportunity to review the Plans and make any changes in the Plans that are directed by the State to co mply with FHWA requirements. c) Local Agency may enter into a contract with a Consultant to perform all or any portion of the Plans and/or of construction administration. Provided, however. if federal-aid funds are involved in the cost of such Work to be done by such Consultant , such Consultant contract (and the performance/provision of the Plans under the contract) must comply with all applicable requirements of 23 C.F'.R. Pan 172 and wi th any procedures implementing those requirements as provided by the State, including those in Exhibit H. If the Local Agency enters into a contract with a Consultant for the Work: (I) Local Agency shall submit a certification that procurement of any Consultant contract complies with the requirements of23 C.F.R. 172.5(1) prior to entering into such Consultant contract, subject to the State's approval. If not approved by the State, the Local Agency shall not enter into such Consultant contract. (2) Local Age ncy shaH ensure that all changes in the Consultant contract have prior approval by the State and FHWA and that they are in writing. Immediately after the Consultant contract has been awarded. one copy of the executed Consultant contract and any amendments shall be submined to the State. (3) Local Agency shall require that all billings under the Consultant contract comply with the State's standardized billing format. Examples of the billing formats are available from the COOT Agreements Office. (4) Local Agency (and any Consultant) shall comply with 23 C.F.R. 172.5(b) and (d) and use the COOT procedures described in Exhibit H to administer the Consultant contract. (5) Local Agency may expedite any COOT approval of its procurement process and/or Consultant contract by subm ining a lener to COOT from the Local Agency's attorney/authorized representative certifying complian ce with Exhibit H and 23 C.F.R. 172.5(b}and (d). (6) Local Agency shall ensure that the Consultant contract complies with the requirements of 49 CFR 18.36(i) and contains the following language verbatim: (a) The design work under this Agreement shall be compatible with the requirements of the contract between the Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project. The State is an intended third-party beneficiary of this agreement for that purpose. Document Builder Generuted Page 4 of22 (b) Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project. (c) The consultant shall review the Construction Contractor's shop drawings for conformance with the contract documents and compliance with the provisions of the State's publication, Standard Specifications for Road and Bridge Construction, in connection with this work. (d) The State, in its sole discretion, may review construction plans, special provisions and estimates and may require the Local Agency to make such changes therein as the State determines necessary to comply with State and FHW A requirements. iii. Construction If the Work includes construction, the Local Agency shall perform the construction in accordance with the approved design plans and/or administer the construction in accordance with Exhibit E. Such administration shall include Work inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing Construction Contractor claims; construction supervision; and meeting the Quality Control requjrements of the FHWNCDOT Stewardship Agreement, as described in the Local Agency Contract Administration Checklist. a) If the Local Agency is performing the Work, the State may, after providing written notice of the reason for the suspension to the Local Agency, suspend the Work. wholly or in part, due to the failure ofthe Local Agency or its Contractor to correct conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. b) The Local Agency shall be responsible for the following: (I) Appointing a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (LAPE), to perform engineering administration. The LAPE shall administer the Work in accordance with this Agreement, the requirements of the construction contract and applicable State procedures. (2) For the construction of the Work, advertising the call for bids upon approval by the State and awarding the construction contract(s) to the low responsible bidder(s). (a) All advertising and bid awards, pursuant to this agreement, by the Local Agency shall comply with applicable req uirements of23 U.S.C. § 11 2 and 23 C.F.R. Parts 633 and 635 and C.R.S. § 24-92-10 I et seq. Those requirements include, without limitation, that the Local Agency and its Contractor shall incorporate Form 1273 (Exhibit I) in its entirety verbatim into any subcontract(s) for those services as tenns and conditions therefore, as required by 23 C.F.R. 633 .102(e). (b) The Local Agency may accept or reject the proposal of the apparent low bidder for Work on which competitive bids have been received. The Local Agency must accept or reject such bid within three (3) working days after they are publicly opened. (c) As pan of accepting bid awards, the Local Agency shall provide additional funds, subject to their availability and appropriation. necessary to complete the Work if no additional federal-aid funds are available. (3) The requirements of this §6(DXiiiXcX2) also apply to any advertising and awards made by the State. (4) If all or pan of the Work is to be accomplished by the Local Agency's personnel (i.e. by force account) rather than by a competitive bidding process, the Local Agency shall perform such work in accordance with pertinent State specifications and requirements of 23 C.F.R. 635, Subpart B, Force Account Construction. (a) Such Work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency, the State and FHWA in advance of the Work, as provided for in 23 C.F.R. 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. Document Builder Generated Page 5 of22 (b) An alternative to the preceding subsection is that the Local Agency may agree to participate in the Work based on actual costs of labor. equipment rental, materials supplies and supervision necessary to complete the Work. Where actual costs are used. eligibility of cost items shall be evaluated for compliance with 48 C.F.R. Pan 31. (c) If the State provides matching funds under this Agreement, rental rates for publicly owned equipment shall be determined in accordance with the State's Standard Specifications for Road and Bridge Construction §I 09.04. (d) All Work being paid under force account shall have prior approval of the State and/or FHW A and shall not be initiated until the State has issued a wrinen notice to proceed. E. State's Commitments a) The State will perform a final project inspection of the Work as a quality control/assurance activity. When all Work has been satisfactorily completed, the State will sign the FHWA Form 1212. b) Notwithstanding any consents or approvals given by the State for the Plans, the. State shall not be liable or responsible in any manner for the structural design, details or construction of any major structures designed by. or that are the responsibility of. the Local Agency as identified in the Local Agency Contract Administration Checklist, Exhibit E. F. ROW and Acquisition/Relocation a) If the Local Agency purchases a right of way for a State highway, including areas of influence, the Local Agency shall immediately convey title to such right of way to COOT after the Local Agency obtains title. b) Any acquisition/relocation activities shall comply with all applicable federal and state statutes and regulations. including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs as amended (49 C.F.R. Part 24), COOrs Right of Way Manual, and COOT's Policy and Procedural Directives. c) The Panics' respective compliance responsibilities depend on the level of federal participation: provided however. that the State always retains Oversight responsibilities. d) The Parties· respective responsibilities under each level in COOrs Right of Way Manual (located at hnp://www.dot.state.co.usfROW _Manual/) and reimbursement for the levels will be under the following categories: (I) Right of way acquisition (3 111) for federal participation and non-participation; (2) Relocation activities, if applicable (3 1 09); (3) Right of way incidentals, if applicable (expenses incidental to acquisition/relocation of right of way -31 14). G. Utilities If necessary, the Local Agency shall be responsible for obtaining the proper clearance or approval from any utility company which may become involved in the Work. Prior to the Work being advertised for bids. the Local Agency shall certify in writing to the State that all such clearances have been obtained. a) Railroads If the Work involves modification of a railroad company's facilities and such modification will be accomplished by the railroad company. the Local Agency shall make timely application to the Public Utilities commission requesting its order providing for the installation of the proposed improvement s and not proceed with that part of the Work without compliance. The Local Agency shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 C.F.R. 646, subpart B. concerning federal-aid projects involving railroad facilities and: b) Execute an agreement setting out what work is to be accomplished and the location(s) thereof, and which costs shall be eligible for federal participation. c) Obtain the railroad's detailed estimate of the cost of the Work. d) Establish future maintenance responsibilities for the proposed installation. e) Proscribe future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. f) Establish future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. Document Builder Generated Page 6 of22 H. Environmental Obligations The Local Agency shall perform all Work in accordance with the requirements of the current federal and state environmentaJ regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable. 1. Maintenance Obligations The Local Agency shall maintain and operate the Work constructed under this Agreement at its own cost and expense during their useful life. in a manner satisfactory to the State and FHWA, and the Local Agency shall provide for such maintenance and operations obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances and regulations pertaining to maintaining such improvements. The State and FHW A may make periodic inspections to verify that such improvements are being adequately maintained. 7. OPTION L..ETfER MODIFICATION An option letter may be used to add a phase without increasing total budgeted funds, increase or decrease the encumbrance amount as shown on Exhibit C, and/or transfer funds from one phase to another. Option letter modification is limited to the specific scenarios listed below. The option letter shall not be deemed valid until signed by the State Controller or an authorized delegate. A. Option to add a phase and/or increase or decrease the totaJ encumbrance amount. The State may require the Local Agency to begin a phase that may include Design, Construction, EnvironmentaJ, Utilities, ROW Incidentals or Miscellaneous (this does not apply to Acquisition/Relocation or Railroads) as detailed in Exbibit A and at the same terms and conditions stated in the original Agreement, with the total budgeted funds remaining the same. The State may simultaneously increase and/or decrease the total encumbrance amount by replacing the original funding exhibit (Exhibit C) in the originaJ Agreement with an updated Exhibit C-1 (subsequent ex hibits to Exhibit C-1 shaJI be labeled C-2, C-3, etc). The State may exercise this option by providing a fully executed option to the Local Agency within thirty (30) days before the initial targeted start date of the phase, in a form substantiaJiy equivalent to Ex hibit 0 . If the State exercises this option, the Agreement will be considered to include this option provision. B. Option to transfer funds from one phase to another phase. The State may require or permjt tbe Local Agency to transfer funds from one phase (Design, Construction, Environmental, Utilities, ROW Incidentals or Mscellaneous) to another as a result of changes to state, federal, and local match. The original funding exhibit (Exhibit C) in the original Agreement will be replaced with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.) and attached to the option letter. The funds transferred from one phase to another are subject to the same terms and conditions stated in the original Agreement with the total budgeted funds remaining the same. The State may unilaterally exercise this option by providing a fully executed option to the Local Agency within thirty (30) days before the initiaJ targeted start date of the phase, in a form substantially equivalent to Ex hibit 0 . Any transfer of funds from one phase to another is limited to an aggregate maximum of24.99% of the original dollar amount of either phase affected by a transfer. A bilateral amendment is required for any transfer exceeding 24.99% of the original dollar amount of the phase affected by the increase or decrease. C. Option to do both Options A and B. The State may require the Local Agency to add a phase as detailed in Exhibit A, and encumber and transfer funds from one phase to another. The original funding exhibit (Exhibit C) in the original Agreement will be replaced with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C..J, etc.) and attached to the option letter. The addition of a phase and encumbrance and transfer of funds are subject to the same terms and conditions stated in the original Agreement with the total budgeted funds remaining the same. The State may unilaterally exercise this option by providing a fully executed option to the Local Agency wi thin thirty (30) days before the initial targeted stan date of the phase, in a form substantially equivalent to Exhibit 0 . 8. PAYMENTS The State shaJJ, in accordance with the provisions of this §8, pay the Local Agency in the amounts and using the methods set forth below: Document Builder Generated Page 7 of22 A. Max imum Amount The maximum amount payable is set fonh in li:xhibit C as detennined by the State from available funds. Payments to the Local Agency are limited to the unpaid encumbered balance of the Contract set fonh in Exhibit C. The Local Agency shall provide its match share of the costs as evidenced by an appropriate ordinance/resolution or other authority letter which expressly authorizes the Local Agency the authority to emer into this Agreement and to expend its match share of the Work. A copy of such ordinance/resolution or authority letter is attached hereto as Exhibit B. B. Payment i. Advance, Interim and Final Payments Any advance payment allowed under this Contract or in Exhibit C shall comply with State Fiscal Rules and be made in accordance with the provisions of this Contract or such Exhibit. The Local Agency shall initiate any payment requests by submitting invoices to the State in the fonn and manner, approved by the State. ii. Interes t The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents perfonnance by the Local Agency previously accepted by the State. Uncontested amounts not paid by the State within 45 days shall bear interest on the unpaid balance beginning on the 46th day at a rate not to exceed one percent per month until paid in full ; provided, however, that interest shall not accrue on unpaid amounts that are subject to a good faith dispute. The Local Agency shall invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the delinquent payment. the number of days interest to be paid and the interest rate. iii. Available Funds-Contingency-Termination The State is prohibited by law from making commitments beyond the tenn of the State's current fiscal year. Therefore, the Local Agency's compensation beyond the State's current Fiscal Year is contingent upon the continuing avajJability of State appropriations as provided in the Colorado Special Provisions. The State's perfonnance hereunder is also contingent upon the continuing availability of federal funds. Payments pursuant to this Contract shall be made only from available funds encumbered for this Contract and the State's liability for such payments shall be limited to the amount remaining of such encumbered fund s. If State or federal funds are not appropriated, or otherwise become unavailable to fund this Contract, the State may terminate this Contract immediately, in who le or in part. without funher liability in accordance with the provisions hereof. iv. Erroneous Payments At the State's sole discretion. payments made to the Local Agency in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by the Local Agency, may be recovered from the Local Agency by deduction from subsequent payments under this Contract or other contracts. Agreements or agreements between the State and the Local Agency or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any pany other than the State. C. Use of Funds Contract Funds shall be used only for eligible costs identified herein. 0. Matching Funds The Local Agency shall provide matching funds as provided in §8.A. and Exhibit C. The Local Agency shall have raised the full amount of matching funds prior to the Effective Date and shall repon to the State regarding the status of such funds upon request. The Local Agency's obligation to pay all or any pan of any matching funds. whether direct or contingent, only extend to funds duly and lawfully appropriated for the pu rposes of this Agreement by the authorized representatives of the Local Agency and paid into the Local Agency's treasury. The Local Agency represents to the State that the amount designated "Local Agency Matching Funds-in Exhibit C has been legally appropriated for the purpose of this Agreement by its authorized representatives and paid into its treasury. The Local Agency does not by this Agreement irrevocably pledge present cash reserves fo r payments in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of the Local Agency. The Local Agency shall not pay or be liable for any claimed interest. late charges, fees, ta xes or penalties of any nature. except as required by the L.ocal Agency's laws or policies. Document Builder Generated Page 8 of22 E. Reimbursement of Local Agency Costs The State shall reimburse the Local Agency's allowable costs, not exceeding the maximum total amount described in Exhibit C and §8. The applicable principles described in 49 C.F.R. I 8 Subpart C and 49 C.F.R. 18.22 shall govern the State's obligation to reimburse all costs incurred by the Local Agency and submined to the State for reimbursement hereunder, and the Local Agency shall comply with all such principles. The State shall reimburse the Local Agency for the federal-aid share of properly documented costs related to the Work after review and approval thereof, subject to the provisions of this Agreement and Exhibit C. However, any costs incurred by the Local Agency prior to the date of FHW A authorization for the Work and prior to the Effective Date shall not be reimbursed absent specific FHWA and State Controller approval thereof. Costs shall be: i. Reasonable and Necessary Reasonable and necessary to accomplish the Work and for the Goods and Services provided. ii. Net Cost Actual net cost to the Local Agency (i.e. the price pajd minus any items of value received by the Local Agency that reduce the cost actually incurred). 9. ACCOUNTING The Local Agency shall establish and maintain accounting systems in accordance with generally accepted accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting scheme). Such accounting systems shall, at a minimum, provide as follows: A. Local Agency Performing the Work If Local Agency is performing the Work, all allowable costs, including any approved services contributed by the Local Agency or others, shall be documented using payrolls, time records, invoices, contracts. vouchers, and other applicable records. B. Local Agency-Checks or Draws Checks issued or draws made by the Local Agency shall be made or drawn agrunst properly signed vouchers detailing the purpose thereof. All checks, payrolls, invoices, contracts, vouchers, orders, and other accounting documents shall be on file in the office of the Local Agency, clearly identified, readily accessible, and to the extent feasible, kept sepa.rate and apart from all other Work documents. C. State-Administrative Services The State may perform any necessary administrative support services required hereunder. The Local Agency shall reimburse the State for the costs of any such services from the Budget as provided for in Exhibit C. If FHWA funding is not available or is withdrawn, or if the Local Agency terminates this Agreement prior to the Work being approved or completed, then all actual incurred costs of such services and assistance provided by the State shall be the Local Agency's sole expense. D. Local Agency-Invoices The Local Agency's invoices shall describe in detail the reimbursable costs incurred by the Local Agency for which it seeks reimbursement, the dates such costs were incurred and the amounts thereof, and shall not be submitted more often than monthly. E. Invoicing Within 60 Days The State shall not be liable to reimburse the Local Agency for any costs unless COOT receives such invoices within 60 days after the date for which payment is requested, including fmal invoicing. Final payment to the Local Agency may be withheld at the discretion of the State until completion of final audit. Any costs incurred by the Local Agency that are not allowable under 49 C.F.R. 18 shall be reimbursed by the Local Agency, or the State may offset them against any payments due from the State to the Local Agency. F. Reimbursement of State Costs COOT shall perform Oversight and the Local Agency shall reimburse COOT for its related costs. The Local Agency shall pay invoices within 60 days after receipt thereof. If the Local Agency fails to remit payment within 60 days, at COOT's request. the State is authorized to withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to COOT. Interim funds shall be payable from the State Highway Supplementary Fund (400) until Document Builder Generated Page 9 of22 COOT is reimbursed. If the Local Agency fails to make payment within 60 days. it shall pay interest to the State at a rate of one percent per month on the delinquent amounts until the billing is paid in full. COOT's invoices shall describe in detail the reimbursable costs incurred, the dates incurred and the amounts thereof, and shall not be submined more often than monthly. 10. REPORTING-NOTIFICATION Reports. Evaluations, and Reviews required under this §I 0 shall be in accordance with the procedures of and in such form as prescribed by the State and in accordance with § 18, if applicable. A. Performance, Progr~s. Personnel, and Funds The Local Agency shall submit a report to the State upon expiration or sooner termination of this Agreement, containing an Evaluation and Review of the Local Agency's performance and the final status of the Local Agency's obligations hereunder. B. Litigation Reporting Within 10 days after being served with any pleading related to this Agreement. in a legal action filed with a court or administrative agency. the Local Agency shall notify the State of such action and deliver copies of such pleadings to the State's principal representative as identified herein. If the State or its principal representative is not then serving. such notice and copies shall be delivered to the Executive Director of COOT. C. Noncompliance The Local Agency's failure to provide reports and notify the State in a timely manner in accordance with this § 10 may result in the delay of payment of funds and/or termjnation as provided under this Agreement. D. Documents Upon request by the State, the Local Agency shall provide the State, or its authorized representative. copies of all documents, including contracts and subcontracts. in its possession related to the Work. II. LOCAL AGENCY RECORDS A. Maintenance The Local Agency shall make. keep. maintain. and allow inspection and monitoring by the State of a complete file of all records. documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. The Local Agency shall maintain such records until the last to occur of the following: (i) a period of three years after the date this Agreement is completed or terminated, or (ii) three years after final payment is made hereunder, whichever is later. or (iii) for such further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or the Local Agency has received notice that an audit is pending. then until such audit has been completed and its findings have been resolved (collectively, the "Record Retention Period''). B. Inspection The Local Agency shall permit the State, the federal government and any other duly authorized agent of a government al agency to audit. inspect. examine. excerpt. copy and/or transcribe the Local Agency's records related to this Agreement during the Record Retention Period to assure compliance with the terms hereof or to evaluate the Local Agency's performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Agreement, including any extension. If the Work fails to conform to the requirements of this Agreement, the State may require the Local Agency promptly to bring the Work into conformity with Agreement requirements, at the Local Agency's sole expense. If the Work cannot be brought into conformance by re-performance or other corrective measures, the State may require the Local Agency to take necessary action to ens ure that future performance conforms to Agreement requirements and may exercise the remedies available under this Agreement at law or in equity in lieu of or in conjunction with such corrective measures. C. Monitoring The Local Agency also shall permit the State, the federal government or any other duly authorized agent of a governmental agency. in their sole discretion. to monitor all activities conducted by the Local Agency pursuant to the terms of this Agreement using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data. special analyses. on-site checking. formal I)Ocument Builder Gcncr01cd Page 10 of 22 audit examinations, or any other procedures. All such monitoring shall be performed in a manner that shall not unduly interfere with the Local Agency's performance hereunder. D. Final Audit Report If an audit is performed on the Local Agency's records for any fiscal year covering a portion of the term of this Agreement, the Local Agency shall submit a copy of the final audit report to the State or its principal representative at the address specified herein. 12. CONFlDENTlAL INFORMATION-STATE RECORDS The Local Agency shall comply with the provisions ofthis §12 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to, state records, personnel records, and information concerning individuals. Nothing in this §12 shall be construed to require the Local Agency to violate the Colorado Open Records Act, C.R.S. §§ 24-n-1001 et seq. A. Confidentiality The Local Agency shall keep all State records and information confidential at all times and to comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of the Local Agency shall be immediately forwarded to the State's principal representative. B. Notification The Local Agency shall notify its agents, employees and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. C. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by the Local Agency or its agents in any way, except as authorized by the Agreement and as approved by the State. The Local Agency shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any tiles or otherwise by the Local Agency or its agents. except as set forth in this Agreement and approved by the State. D. Disclosure-Liability Disclosure of State records or other confidential information by the Local Agency for any reason may be cause for legaJ action by third parties against the Local Agency, the State or their respective agents. The Local Agency is prohibited from providing indemnification to the State pursuant to the Constitution of the State of Colorado, Article X1, Section I, however, the Local Agency shall be responsible for any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by the Local Agency, or its employees, agents, or assignees pursuant to this §12. 13. CONFLICf OF INTEREST The Local Agency shall not engage in any business or personal aciiVJIIes or practices or maintain any relationships which conflict in any way with the full performance of the Local Agency 's obli gations hereunder. The Local Agency acknowledges that with respect to this Agreement even the appearance of a conflict of interest is harmfuJ to the State 's interests. Absent the State's prior written approval, the Local Agency shall refrain from any practices, activities or relationships that reasonably appear to be in con flict with the full performance of the Local Agency's obligations to the State hereunder. If a conflict or appearance exists, or if the Local Agency is uncertain whether a conflict or the appearance of a conflict of interest exists, the Local Agency shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the apparent conflict constitutes a breach of this Agreement. 14. REPRESENTATIONS AND WARRANTIES The Local Agency makes the following specific representations and warranties, each of which was relied on by the State in entering into this Agreement. A. Standard and Manner of Performance Document Builder Gcnernted Page II of22 The Local Agency shall perform its obligations hereunder, including in accordance with the highest professional standard of care. skill and diligence and in the sequence and manner set fonh in this Agreement. B. Legal Authority-The Local Agency and the Local Agency's Signatory The Local Agency warrants that it possesses the legal authority to enter into this Agreement and that it has taken all actions required by its procedures, by-Jaws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement. or any pan thereof. and to bind the Local Agency to its terms. If requested by the State. the Local Agency shall provide the State with proof of the Local Agency's authority to enter into this Agreement within 15 days of receiving such request. C. Uc~nses, Permits, Etc. The Local Agency represents and warrants that as of the Effecti ve Date it has, and that at all times during the term hereof it shall have. at its sole expense, all licenses. cenifications. approvals, insurance, permits, and other authorization required by Jaw to perform its obligations hereunder. The Local Agency warrants that it shall maintain all necessary licenses. cenifications. approvals, insurance, pem1its, and other authorizations required to properly perform this Agreement, without reimbursement by the State or other adjustment in Agreement Funds. Additionally, all employees and agents of the Local Agency performing Services under this Agreement shall hold all required licenses or cenifications, if any, to perform their responsibilities. The Local Agency, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable cenificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-renewal of licenses. cenifications, approvals, insurance, permits or any such similar requirements necessary for the Local Agency to properly perform the tem1s of this Agreement shall be deemed to be a material breach by the Local Agency and constitute grounds for termination of this Agreement. 15. INSURANCE The Local Agency and its contractors shall obtain and maintain insurance as specified in this section at all times during the term of this Agreement: All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies sati sfactory to the Local Agency and the State. A. The Local Agency i. Public Entities If the Local Agency is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-1 0-10 I, et seq .. as amended (the "GIA''). then the Local Agency shall maintain at all times during the term of this Agreement such liability insurance, by commercial policy or self- insurance. as is necessary to meet its liabilities under the GIA. The Local Agency shall show proof of such insurance satisfactory to the State, if requested by the State. The Local Agency shall require each Agreement with their Consultant and Contractor. that are providing Goods or Services hereunder, to include the insurance requirements necessary to meet Consultant or Contractor liabilities under the GIA. ii. Non-Public Entities If the Local Agency is not a "public entity" within the meaning of the Governmental Immunity Act. the Local Agency shall obtain and maintain during the term of this Agreement insurance coverage and policies meeting the same requirements set fonh in § 15(8} with respect to sub-contractors that are not "public entities". 8. Contractors The Local Agency shall require each contract with Contractors, Subcontractors. or Consultants, other than those that are public entities. providing Goods or Services in connection with this Agreement. to include insurance requirements substantially similar to the following: i. Worker's Compensation Worker's Compensation Insurance as required by State statute. and Employer's Liability Insurance covering all of the Local Agency's Contractors, Subcontractors. or Consultant's employees acting within the course and scope of their employment. ii. General Liability Document Builder Gencmtcd Page 12 of 22 Commercial General Liability Insurance wrirten on ISO occurrence form CG 00 0 I I 0/93 or equivalent, covering premises operations, tire damage, independent contractors, products and completed operations, blanket liability, personal injury, and advertising liability with minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. If any aggregate limit is reduced below S I ,000,000 because of claims made or paid, contractors, subcontractors, and consultants shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the Local Agency a certificate or other document satisfactory to the Local Agency showing compliance with this provision. iii. Automobil~ Liability Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of$1,000,000 each accident combined single limit. iv. Additionallnsur~d The Local Agency and the State shall be named as additional insured on the Commercial General Liability policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). v. Primacy of Cov~rag~ Coverage required of the Consultants or Contractors shall be primary over any insurance or self- insurance program carried by the Local Agency or the State. vi. Caoc~llation The above insurance policies shall include provisions preventing cancellation or non-renewal witho ut at least45 days prior notice to the Local Agency and the State by certified mail. vii. Subrogation Waiv~r All insurance policies in any way related to this Agreement and secured and maintained by the Local Agency's Consultants or Contractors as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against the Local Agency or the Stale, its agencies, institutions, organizations, officers, agents, employees, and volunteers. C. C~rtificat~s The Local Agency and all Contractors, subcontractors, or Consultants shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Agreement. No later than 15 days prior to the expiration date of any such coverage, the Local Agency and each contractor, subcontractor, or consultant shall deliver to the State or the Local Agency certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term of this Agreement or any sub--contract. the Local Agency and each contractor, subcontractor, or consultant shall, within I 0 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions ofthis §15. 16. DEFAULT-BREACH A. D~fined In additjon to any breaches specified in other sections of this Agreement. the failure of either Party to perform any of its material obJjgations hereunder in whole or in part or in a timely or satisfactory manner constitutes a breach. 8 Notice and Cu~ P~riod In the event of a breach. notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §18.1f such breach is not cured within 30 days of receipt ofwrinen notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §17. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Agreement in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 17. REMEDI ES If the Local Agency is in breach under any provision of this Agreement, the State shall have all of the remedies listed in this §17 in addition to all other remedies set forth in other sections of this Agreement following the Document Builder Gcnemted Page 13 of22 notice and cure period set forth in §16(B). The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and/or Breach If the Local Agency fai ls to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Agreement and in a timely manner, the State may notify the Local Agency of such non-performance in accordance with the provisions herein. If the Local Agency thereafter fails to promptly cure such non-performance within the cure period, the State, at its option, may terminate this entire Agreement or such part of this Agreement as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. The Local Agency shall continue performance of this Agreement to the ex1ent not terminated, if any. i. Obligations and Rights To the extent specified in any termination notice, the Local Agency shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and sub-Agreements with third parties. However, the Local Agency shall complete and deliver to the State all Work. Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Agreement's terms. At the sole discretion of the State. the Local Agency shall assign to the State all of the Local Agency's right, title, and interest under such terminated orders or sub-Agreements. Upon termination. the Local Agency shall take timel y. reasonable and necessary action to protect and preserve property in the possession of the Local Agency in which the State has an interest. All materials owned by the State in the possession of the Local Agency shall be immediately returned to the State. All Work Product, at the option ofthe State, shall be delivered by the Local Agency to the State and shall become the State's property. ii. Payments The State sha ll reimbu rse the Local Agency only for accepted performance received up to the date of termination. If, after termination by the State, it is determined that the Local Agency was not in default or that the Local Agency's action or inaction was excusable. such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Agreement had been terminated in the public interest, as described herein. iii. Da mages and Withholding Notwithstanding any other remedial action by the State, the Local Agency also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Agreement by the Local Agency and the State may withhold any payment to the Local Agency for the purpose of mitigating the State's damages. until such time as the exact amount of damages due to the State from the Local Agency is determined. The State may withhold any amount that may be due to the Local Agency as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders. or to reimburse the State for the excess costs incurred in procuring similar goods or services. The Local Agency shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. B. Early Termination in the Public Interest The State is entering into this Agreement for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and/or Courts. If this Agreement ceases to further the public policy of the State. the State, in its sole discretion, may terminate this Agreement in whole or in part. Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder. This subsection shall not apply to a termination of this Agreement by the State for cause or breach by the Local Agency. which shall be governed by § 17(A) or as otherwise specifically provided for herein. i. Method and Content The State shall notify the Local Agency of the termination in accordance with § 18, specifying the effective date of the termination and whether it affects all or a portion of this Agreement. ii. Obligations and Rights Upon receipt of a termination notice, the Local Agency shall be subject to and comply with the same obligations and rights set forth in § 17(A)(i). Document Builder Generated Page 14of22 iii. Payments If this Agreement is terminated by the State pursuant to this§ 17(8), the Local Agency shall be paid an amount which bears the same ratio to the total reimbursement under this Agreement as the Services satisfactorily performed bear to the total Services covered by this Agreement, less payments previously made. Additionally, if this Agreement is less than 60% completed, the State may reimburse the Local Agency for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Agreement) incurred by the Local Agency which are directly anributable to the uncompleted portion of the Local Agency's obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to the Local Agency hereunder. C. Remedies Not Involving Termination The State, its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: i. Suspend Performance Suspend the Local Agency's performance with respect to all or any portion of this Agreement pending necessary corrective action as specified by the State without entitling the Local Agency to an adjustment in price/cost or performance schedule. The Local Agency shall promptly cease performance and incurring costs in accordance with the State's directive and the State shall not be liable for costs incurred by the Local Agency after the suspension of performance under this provision. ii. Withhold Payment Withhold payment to the Local Agency until corrections in the Local Agency's performance are satisfactorily made and completed. iii. Deny Payment Deny payment for those obligations not performed that due to the Local Agency's actions or inactions cannot be performed or, if performed, would be of no value to the State; provided that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. iv. Removal Demand removal of any of the Local Agency's employees, agents, or contractors whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Agreement is deemed to be contrary to the public interest or not in the State·s best interest. v. Intellectual Property If th e Local Agency infiinge.s on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Agreement, the Local Agency shall, at the State's option (a) obtain for the State or the Local Agency the right to use such products and services; (b) replace any Goods, Services, or other product involved with non-infringing products or modify them so that they become non-infiinging; or, (c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. 18. NOTICES and REPRESENTATlVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mai l to such Pany's principal representative at the address set forth below. In addition to but not in lieu of a hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. If to StJtte: COOT Region: 01 Joy French Project Manager 2000 S Holly St Denver, CO 80222 303-757-9528 Document Builder Generated B. If to the Local Agency: City of Wheat Ridge Mark Westberg Project Manager 7500 West 29th Avenue Wheat Ridge, CO 80033 303-235-2863 Page 15 of22 19. RJ GHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Any software, research. reports. studies, data. photographs, negatives or other documents, drawings, models, materials, or work product of any type, including drafts. prepared by the Local Agency in the performance of its obligations under this Agreement shall be the exclusive property of the State and all Work Product shall be delivered to the State by the Local Agency upon completion or termination hereof. The State's exclusive rights in such Work Product shall include, but not be limited to. the right to copy, publish, display, transfer. and prepare derivative works. The Local Agency shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of the Local Agency's obligations hereunder without the prior written consent of the State. 20. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary. nothing herein shall constitute a waiver, express or implied, of any of the immunities. rights. benefits, protection, or other provisions of the Colorado Governmental Immunity Act, CRS §24-1 0-10 I, et seq., as amended. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado. its departments, institutions, agencies, boards, officials. and employees and of the Local Agency is controlled and limited by the provisions of the Governmental Immunity Act and the risk management statutes. CRS §24-30-150 I, et seq., as amended. 21. STATEWIDE CONTRACT MANAGEMENTSV TEM If the maximum amount payable to the Local Agency under this Agreement isS 100.000 or greater. either on the Effective Date or at any time thereafter, this §21 applies. The Local Agency agrees to be governed, and to abide. by the provisions of CRS §24-1 02-205. §24-1 02-206. §24-1 03-60 I, §24-1 03.5-10 I and §24-1 05-102 concerning the monitoring of vendor performance on state agreements/contracts and inclusion of agreemem/contract performance information in a statewide contract management system. The Local Agency's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Agreement, State law, including CRS §24-1 03.5-10 I, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of the Local Agency's performance shall be part 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 herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Agreement term. 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 final performance Evaluation and Review determine that the Local Agency demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department 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 result in either removal or correction of the evaluation (CRS §24-1 05-1 02(6)), or (b) under CRS §24-1 05- 102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202. which may result in the reversal of the debarment and reinstatement of the Local Agency. by the Executive Director, upon showing of good cause. 22. FEDERAL REQUIREMENTS The Local Agency and/or their contractors. subcontractors, and consultants shall at all times during the execution of this Agreement strictly adhere to. and comply with, all applicable federal and state laws. and their implementing regulations. as they currently exist and may hereafter be amended. 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) The Local Agency will comply with all requirements of Exhibit G and the Local Agency Contract Administration Checklist regarding DBE requirements for the Work. except that if the Local Agency desires to use its own DBE program to implemem and administer the DBE provisions of 49 C.F.R. Part 26 under this Document lluildcr Generated Page 16 of22 Agreement, it must submit a copy of its program's requirements to the State for review and approval before the execution of this Agreement. If the Local Agency uses any State-approved DBE program for this Agreement, the Local Agency shall be so lely responsible to defend that DBE program and its use of that program against all legal and other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation, determinations concerning DBE eligibility requirements and certification, adequate legal and factual bases for DBE goals and good faith efforts. State approval (if provided) of the Local Agency's DBE program does not waive or modify the sole responsibility of the Local Agency for use of its program. 24. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which is not disposed of by agreement shall be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of COOT. ln connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of this Agreement in accordance with the Chief Engineer's decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals shall be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this Agreement, however, shall be construed as making final the decision of any administrative official. representative. or board on a question of law. 25. GENERAL PROVISIONS A. Assignment The Local Agency's rights and obligations hereunder are personal and may not be transferred, assigned or subcontracted without the prior written consent of the State. Any attempt at assignment, transfer, or subcontracti ng without such consent shall be void. All assignments and subcontracts approved by the Local Agency or the State are subject to all of the provisions hereof. The Local Agency shall be solely responsible for all aspects of subcontracting arrangements and performance. B. Binding Effect Except as otherwise provided in §2S(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties' respective heirs. legal representatives, successors, and assigns. C. Captions The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Agreement may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Agreement represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous addition, deletion, or other amendment hereto shall not have any force or affect whatsoever, unless embodied herein. F. Indemnification -General If Local Agency is not a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-1 0-1 0 I, et seq., the Local Agency shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by the Local Agency, or its employees, agents. subcontractors or assignees pursuant to the terms of this Agreement. This clause is not applicable to a Local Agency that is a npublic entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-I 0-I 0 I , et seq. G. Jurisdiction and Venue Document Builder Genemtccl Page 17 of22 All suits. actions. or proceedings related to this Agreement shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H. Limitations of Liability Any and all limitations of liability and/or damages in favor of the Local Agency contained in any document attached to and/or incorporated by reference into this Agreement, whether referred to as an exhibit. attachment, schedule. or any other name, are void and of no effect. This includes, but is not necessarily limited to. limitations on (i) the types of liabilities. (ii) the types of damages, (iii) the amount of damages, and ( iv) the source of payment for damages. I. Modification i. By the Parties Except as specifically provided in this Agreement. modifications of this Agreement shall not be effective unless agreed to in writing by both parties in an amendment to this Agreement, properly executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controll er Policies, including, but not limited to, the policy entitled MODIFICATIONS OF AGREEMENTS-TOOLS AND FORMS. ii. By Operation of Law This Agreement is subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Agreement on the effective date of such change, as if fully set forth herein J. Order of Precedence The provisions of this Agreement shall govern the relationship of the State and the Local Agency. In the event of conflicts or inconsistencies between this Agreement and its exhibits and attachments. such connicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Colorado Special Provisions. ii. The provisions of the main body o f this Agreement. iii. Exhibit A (Scope of Work), iv. Exhibit B (Local Agency Resolution). v. Exhibit C (Funding Provisions). vi. Exhibit D (Option Letter), vii. Exhibit E (Local Agency Contract Administration Checklist). viii. Other exhibits in descending order of their attachment. K. Severability Provided this Agreement can be executed and performance of the obligations of the Parties accomplished within its intent. the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. L. urvival of Certain Agreement T erms Notwithstanding anything herein to the contrary, provisions of this Agreement requmng continued performance, compliance. or effect after termination hereof, shall survive such termination and shall be enforceable by the State if the Local Agency fails to perform or comply as required. M. Taxes The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all State and local government sales and use taxes under CRS §§39-26-1 0 I and 20 I et seq. Such exemptions apply when materials are purchased or services rendered to benefit the State; provided however, that certain political subdivisions (e.g., City of Denver) may require payment o f sales or use taxes even though the product or service is provided to the State. The Local Agency shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing the Local Agency for them N. Third Party Beneficiaries Enforcement o f this Agreement and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result o f this Agreement are incidental to the Agreement, and do not create any rights for such third parties. Documcnl Builder Gcncraled Page 18 o f 22 0 . Waiver Waiver of any breach of a term, provision, or requirement of this Agreement, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. T HE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Document Builder Generated Page 19 of22 26. COLORADO SPECIAL PROVISIONS The Special Provisions apply to all Agreements except where noted in italics. A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1). This Agreement shall not be deemed valid until it has been approved by the Colorado State Controller or designee. B. f NO AVA ILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities. rights, benefits, protections, or other provisions, of the Colorado Governmenta l Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act. 28 U.S.C. §§1346(b) and 2671 et seq .. as applicable now or hereafter amended. D. INDEPENDENT CONTRACTOR. The Local Agency shall perform its duties hereunder as an independent contractor and not as an employee. Neither The Local Agency nor any agent or employee of The Local Agency shall be deemed to be an agent or employee of the State. The Local Agency and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for The Local Agency or any of its agents or employees. Unemployment insurance benefits shall be available to The Local Agency and its employees and agents only if such coverage is made available by The Local Agency or a third party. The Local Agency shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Agreement. The Local Agency shall not have authorization. express or implied, to bind the State to any Agreement. liability or understanding, except as expressly set forth herein. The Local Agency shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State. and (c) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. The Local Agency shall strictly comply with all applicable federal and State laws, rules. and regulations in effect or hereafter established. including, without limitation, laws applicable to discrimi nation and unfair employment practices. F. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation. execution. and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws. rules. and regulations shall be null and void. Any provision incorporated herein by reference which purportS to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law. whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Agreement, to the extent capable of execution. G. BI NDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and voi d. H. OFTWARE PIRACY PROHIBITJON. Governor's Executive Order 0 002 00. State or other public funds payable under th is Agreement shall not be used for the acquisition. operation. or maintenance of compu ter software in violation of federal copyright laws or applicable licensing restrictions. The Local Agency hereby certifies and warrants that, during the term of this Agreement and any extensions, The Local Agency has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that The Local Agency is in violation of this provision, the State may exercise any remedy avajlable at law or in equity or under this Agreement. Document Builder Gencrutcd Page 20 of 22 including, without limitation, immediate termination of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST. CRS §§14-18-201 and 14-S0-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Agreement. The Local Agency has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of The Local Agency's services and The Local Agency shall not employ any person having such known interests. J. VENDOR OFFSET. CRS §§14-30-201 (I) and 14-30-202.4. fNot Applicable to intergovernmental agreements}. Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; {b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-2 1-101. et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; {d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. K. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. /Not Applicable to Agreements relating to the offer, issuance, or sale of securities, investment advisory sen•lces or fund management services, .5ponsored projects, intergovernmetrtol Agreements, or information teclmlllogy service.'i or products and services/. The Local Agency certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who shall perform work under this Agreement and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E- Verify Program or the State program established pursuant to CRS §8-17.5-102(5Xc), The Local Agency shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to The Local Agency that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this A~sreement. The Local Agency (a) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. (b) shall notify the subcontractor and the contracting State agency within three days if The Local Agency has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Agreement. (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation. undertaken pursuant to CRS §8-17.5-1 02(5), by the Colorado Department of Labor and Employment. If The Local Agency participates in the State program, The Local Agency shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that The Local Agency has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If The Local Agency fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this Agreement for breach and. if so terminated, The Local Agency shall be liable for damages. L. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. The Local Agency, if a natural person eighteen ( 18) years of age or older, hereby swears and affirms under penalty of perjury that he or she {a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-1 0 I et seq., and (c) has produced one form ofidentjfication required by CRS §24-76.5-103 prior to the effective date of this Agreement. SPs Effective 1/1/09 THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Documenl Builder Gcnem1cd Page 2 1 of22 27. SIGNATURE PAGE Agreement Routing Number: 16-HAl-ZH-00035 THE PARTIES HERETO HAVE EXECUTED T HIS AGREEMENT • Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY STATE Of COLORADO City of Wheat Ridge John W. Hickenlooper, GOVERNOR Colorado Department ofTransponation Print: Shailen Bhatt, Executive Director Title: By: Joshua Laipply, P.E., C hief Engineer •signature Date: Date: 2nd Local Agency Signature if needed LEGAL REVIEW Cynthia B. Coffman, Attorney General Print: By: Title: Signature -Assistant Attorney General •signature Date: Date: ALL AGREEMENTS REQ UIRE APPROVAL BY THE STATE CONTROLLER CRS §24-J0-202 requires tht Statt Controlltr to appro,·t all lilt Agretmtnl!i. T his Agrttmtnl is not valid unlil signw and dated b~lo" by tht Stale Controlltr or dtl~gatt. The Lou I Agency is nol 1u1horiud to begin ptrformance until such time. I f The Local ;\gency begins ptrforming prior thereto, the Slate of Colorado is not obligated to pay Th~ Local Agency for s uch performan<~~ or for any goods and/or services llro,·idtd hertunder. Documllnl Builder Generated STATE CONTROLLER Ro~rt Jaros, CPA, MBA, JD By: ---------------------------------------Colorado Department ofTransponation Date: Page 22 of 22 28. EXHIBIT A-SCOPE OF WORK NHPP 1211-086 (21006) Wadsworth Widening: 351h to 48th Scope of Work: Develop an EA Template and construction plans to widen Wadsworth Boulevard from 4 lanes to 6 lanes with additional turn lanes at key congested intersections and medians to better manage access along the corridor. Included will be a cycle track and sidewalks. Also, included will be new LED street and pedestrian lighting and streetscape improvements with landscaping and street furniture. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Exhibit A -Page 1 of 1 29. EXHIBIT B-LOCAL AGENCY RESOLUTION LOCAL AGENCY ORDINANCE or RESOLUTION Exhibit B 30. EXHIBIT C -FUNDING PROVISIONS NHPP 1211-086 (21006) 1 2 3 A. Cost of Work Estimate The Local Agency has estimated the total cost of the Work to be $31,600,000.00, which is to be funded as follows· BUDGETED FUNDS a. Federal Funds (NHPP @ 80%) $25,280,000.00 b. Local Agency Matching Funds (NHPP @ 20%) $6,320,000.00 TOTAL BUDGETED FUNDS $31 ,600,000.00 ESTIMATED COOT-INCURRED COSTS a. Federal Share $0.00 (0% of Participating Costs) b. Local Agency $0.00 TOTAL ESTIMATED COOT-INCURRED COSTS $0.00 ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted (1 a) $25,280,000.00 b. Less Estimated Federal Share of COOT-Incurred Costs (2a) $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $25,280,000.00 FOR COOT ENCUMBRANCE PURPOSES Total Encumbrance Amount $31 ,600,000.00 Less ROW Acquisition 3111 and/or ROW Relocation 3109 Federal share of $6,280,000.00 and Local Agency share of $1,570,000.00 $7 850,000.00 Net to be encumbered as follows: I $23.75o.ooo.oo Note: Only Design and Environmental funds are currently available. Construction funds will be encumbered when they become available by an option letter or formal amendment. WBS Element 21006.1 0.10 ROW 3114 $0.00 WBS Element 21006.10.3() Design 3020 $2,500,000.00 WBS Element 21006.10.40 Environ 3030 $750 000.00 WBS Element 21006.20.10 Const 3301 $0.00 Exhibit C -Page 1 of 2 B. Matching Funds The matching ratio for the federal participating funds of this Work is 80% federal-aid funds (CFOA #20.205) to 20% Local Agency funds, it being understood that such ratio applies only to the $31 ,600,000.00 that is eligible for federal participation, it being further understood that all non-participating costs are borne by the Local Agency at 1 00%. If the total participating cost of performance of the Work exceeds $31 ,600,000.00, and additional federal funds are made available for the Work. the Local Agency shall pay 20% of all such costs eligible for federal participation and 1 00% of all non-participating costs; if additional federal funds are not made available. the Local Agency shall pay all such excess costs. If the total participating cost of performance of the Work is less than $31 ,600,000.00, then the amounts of Local Agency and federal-aid funds will be decreased in accordance with the funding ratio described herein. The performance of the Work shall be at no cost to the State. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $19,000,000.00 (Total Budgeted Federal Funds of $25,280,000.00 minus Federal share of ROW Acquisition of $6,280,000.00) (For COOT accounting purposes, the federal funds of $19,000,000.00 and the Local Agency matching funds of $4,750,000.00 (Total Local Agency Matching Funds of $6,320,000.00 minus Local Agency share of ROW Acquisition of $1 ,570,000.00) will be encumbered for a total encumbrance of $23,750,000.00). unless such amount is decreased as described in Sections B. and C. 1. of this Exhibit C, or increased by an appropriate written modification to this Agreement executed before any increased cost is incurred. Note: Only Design and Environmental funds are currently available. Construction funds will be encumbered when they become available by an option letter or formal amendment It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. 1 . The maximum amount payable shall be reduced without amendment when the actual amount of the local agency's awarded contract is less than the budgeted total of the federal participating funds and the local agency matching funds. The maximum amount payable shall be reduced through the execution of an Option Letter as described in Section 7. A. of this contract. D. Single Audit Act Amendment All state and local government and non-profit organizations receiving more than $750,000 from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the audit requirements of OMB Circular A-133 (Audits of States, local Governments and Non-Profit Organizations) see also, 49 C.F.R. 18.20 through 18.26. The Single Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows: i. Expenditure less than $750,000 If the local Agency expends less than $750,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. ii. Expenditure exceeding more than $750,000-Highway Funds Only If the local Agency expends more than $750,000 in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance. CFOA 20.205) then a program specific audit shall be performed. This audit will examine the "financial" procedures and processes for this program area. iii. Expenditure exceeding more than $750,000-Multiple Funding Sources If the local Agency expends more than $750,000 in Federal funds, and the Federal funds are from multiple sources (FTA, HUD. NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization/entity. iv. Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost. Exhibit C -Page 2 of 2 31. EXHIBIT D-OPTION LETTER SAMPLE IGA OPTION LETTER (Thl.s option has been created by the Office of the State Controller for COOT use only) NOTE: This option is limited to the specmc contract scenarios listed below AND may be used in place of exercising a formal amendment. Date: State Fiscal Year: Option letter No. Option letter CMS Routing # Option Letter SAP # Original Contract CMS # I Original Contract SAP # I Vendor name=----------------------------------------~- SUBJECT: Option to unilaterally authorize the Local Agency to begin a phase which may include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous ONLY (does not apply to Acquisition/Relocation or Railroads) and to update encumbrance amounts( a new Exhibit C must be attached with the option letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.). Option to unilaterally transfer funds from one phase to another phase (a new Exhibit C must be attached with the option letter and shall be labeled C-1 , future changes for this option shall be labeled as follows: C-2, C-3. C-4, etc.). Option to unilaterally do both A and B (a new Exhibit C must be attached with the option letter and shall be labeled C-1 , future changes for this option shall be labeled as follows: C-2, C-3. C-4, etc.). REQUIRED PROVISIONS: Option A (Insert the following language for use with the Option A): In accordance with the terms of the original Agreement (insert CMS routing # of the original Agreement) between the State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby exercises the option to authorize the Local Agency to begin a phase that will include (describe which phase will be added and include all that apply-Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous) and to encumber previously budgeted funds for the phase based upon changes in funding availability and authorization. The encumbrance for (Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous)is (insert dollars here). A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only, please delete when using this option. Future changes for this option for Exhibit C shall be fabled as follows: C-2, C-3, C-4, etc.). Option B (Insert the following language for use with Option 8): In accordance with the terms of the original Agreement (insert CMS # of the original Agreement) between the State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby exercises the option to transfer funds from (describe phase from which funds will be moved) to (describe phase to which funds will be moved) based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement 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.; and no more than 24.99% of any phase may be moved using this option letter. A transfer greater than 24.99% must be Exhibit 0 -Page 1 of 2 made using an fonnal amendment) .. Option C (Insert the following language for use with Option C): In accordance with the terms of the original Agreement (insert CMS routing# of original Agreement) between the State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby exercises the option to 1) release the Local Agency to begin a phase that will include (describe which phase will be added and include all that apply-Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous); 2) to encumber funds for the phase based upon changes in funding availability and authorization; and 3) to transfer funds from (describe phase from which funds will be moved) to (describe phase to which funds will be moved) based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement 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.; and no more than 24.99% of any phase may be moved using this option letter. A transfer greater than 24.99% must be made using an fonnal amendment). (The following language must be included on ALL options): The total encumberance as a result of this option and all previous options and/or amendments is now (insert total encumberance amount), as referenced in Exhibit (C-1, C-2, etc., as appropriate). The total budgeted funds to satisfy services/goods ordered under the Agreement remains the same: (indicate total budgeted funds) as referenced in Exhibit (C-1, C-2. etc .. as appropriate) of the original Agreement. The effective date of this option letter is upon approval of the State Controller or delegate. APPROVALS: State of Colorado: John W. Hickenlooper, 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 Agreement 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 the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or services provided hereunder. Form Updated: December 19, 2012 State Controller Robert Jaros, CPA, MBA, JO By: ________________________ __ Date: ____________________________ _ Exhibit D -Page 2 of 2 32. EXHIBIT E-LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST LOCAL AGENCY CONTRACT AoMINISTRATlON CHECKUST The foMowlng checklist has been developed to ensure that all required aapects of a project approved for Federal funding have been addressed and a responsible party al84gned for each tall<. After a project has been approved for Federal funding In the Statewide Transportation Improvement Program, the Colorado Department of Transportation (COOT) Project Manager, Local Agerct project manager, and COOT Resident Engineer prepare the cheddlst. It becomes a part of the eontractualegreement between the Loc.l Agency and COOT. The COOT Agreements Unit will not process a loc.l Agency agreement without this completed cheddist. It will be reviewed at the Final Office Review meeting to ensure that eH parties remain In agreement as to who Is responsible for performing Individual tasks. XVI Exhibit E -Page 1 of 5 COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT AOMINISTRA TION CHECKLIST Projed No. I STIPNo. I PrOJeCt Code t ~eg~ NHPP1211·086 SR17012.0018 21008 Project Ux::ation ~~5 ~ 8Nd Widening· 35lh Ave to 48" Ave Pro,ec;t DncriJ)(JOn Wads BNd Widening· S5Y' Ave to 4a:" Ave l.oelll Ao«<CY Local~ PIOjed Manager Wheat Ridge Mark 'oll!estbera COOT RMident Erc!ineer COOT Project Mani!Qet John Velllef1ng Joy French INSTRUCTIONS: This chedWt shat be ut~Ued 10 establish the contract adrmlltraclon responsi)i(iibe d the Individual penle$ to this agreement The ehedlht beoomes an abdln.nt to the Local Agency agrwment. Section numberl cor'"POfld to the appl.eable chllptera d the COOT LDc.l A~ Menu./. The chec:ttisl shall be preparad by piac:ing an "X" undel the responsible party, oppoiU each d the taski The "X" denotes the party re&pOn6ille follnltl;atlng and executing the talk Only one re5flO!lSible party should be selec1llld 'Mien neiltMW COOT nor the Local AQenq is ~ lola task, not applaible (NA) shall be noted In addrtion, • -r wit denolll that COOT must c:oncur Of approve. T aslcs lhtt w ll be pt'ffonned by Headquarlei'S ttaff w H be mclated. The RegeoM. tn eocoldanoe Wl1h estabbhed policies and p«)Ce<<ures, wiD deter~ -Mio w ll perform Ill OCher tasks thft are lhe l'e$f)C)Mibilty d COOT. The checkht shall be prepared by the COOT Relldent Engineer or the COOT Project Manager, in cooperation Wth the t..oc:.l Agency Project Manager, and aubmlttad to the Region Program Engineer. If c:ontuct administration rnpontlbilhs change, the COOT Resident Enalneer In oooperMion Wth the L.oc:al ~ Prolect Manaoer. wiA prepare and dlstrilute a l'llllilad chec::kila. RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA COOT TIP I STIP AND LONG-RANGE PLANS 2.1 I Review Proled to ensure It 11 contlltent v.fth STIP and amendment~ !hereto I I X FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4.1 Authorize funding by phases (COOT Form 418. Fedef~-aid Program O.ta Require$ FHWA X coneurrenc:.llnvolvement) PROJECT DEVELOPMENT 5.1 Prepara DeiGn Deta • COOT Form 483 X • 5.2 ~re l.oc:al AgeneyiCOOT Inter-Governmental .t.Qreement (-alto Chaplet 3) X 5.3 Conduct Cofwultant Selection/Execute eon.utant Agreement X • 5.4 conouct Dntan SCOOtno Revi8W MeeMa X X 55 Conduct Public lnvoNement X 5.6 Conduct Field I niQedion Review (FIR) X X 57 Conduct Environmental P~ (tMY r*IUft FHWAccnauntnce~enl) X • 5.8 _Ar;qulre ~lght-oi·Way {rney IWCI!ft FHWA CGriCI.IfenCMnva-Tienl) X • 59 Obtain Utilltv and Ra~road AGreements X •• 5.10 Conduct Final Olfic::e Review (FOR) X • 5.11 JustifY Fo«» ACicount WOrk bv the Local ~ X • 512 Justify P.....n..t.rv Sole Source 01 Locaii4Qerw;y Furnished IIana X • 513 Document o.ian Exceptions· COOT Fofm 484 X • 5.14 Preoare Plans S and ConttructiOI\ Cost~ X • 5.15 Ensure Authorlzatiol• d Funds for Conll7uc1ton X COOT 'orm UU Ot/U .. ~ oU ,.....,.ous edllona •• obaol-lnCI ra.y not be UNCI Exhibit E -Page 2 of 5 NO. DESCRIPT10N OF TASK Phone number X X X X X X X CDOTP-1W 01/U f'IIQ820U flltNoua .. lone .. oi»Oftte IIICIIMY not be UMd Exhibit E -Page 3 of 5 RESPONSIBLE NO. OESCRJPTlON OF TASK PARTY LA COOT _d_ Provide~ expe~Wnc:.d 51lltl who will -ure the Contl8c:t VooOitt i5 QOI15truc:Wd In 8CCIOrdance -Mil the Plian. and · • X Construction IMI)eCtion and ~bcin X 88 ~e Shoe~ OrrMnas X 8.7 Pel1orm Tralho Control I X 8.8 p.,form Construcllon SuJWYina X 8.8 Monument Rtllht-of·WIY X 810 Prepare and Approve Interim and F"ml Contrador Pay Estimate. X Provt<le the name end phone number of lhe person euthonzed !of lhes task. JohnV~ (1300l2§Z ·ail~ LocalA~Re e Phone number 811 Prepare and APIHOI!e Interim and Anal Utiitv and Rd-oed Bilinas X 8.12 Prepare local AtlencY Reimbl.nement Requeets X 8.13 Preoere and AUihorize CNinoe Orders X 814 ADo«Ne All Chanae Ordets X 8.15 MaNor Proiect Financill Slatus X 818 Prepare and Subml ~nthly Proa.-Res>Oita 8.11 RetoiYe Contractor Clalnw and Oilputea 8.18 Conduct ROUIIne and Random Pl'ofe<:t Rev- Provide the name and phone numbet ol the pe!W()IIresponllible tor lh• talk. X John Vllllerlina 303 757 -991<1 COOT Resident EnGineer Phol~e number MATERIALS 9.1 92 9.3 9.<1 9.5 98 9.7 9.8 99 9.10 Conduct Mlten.l5 Pr..construction MeetinG X ~COOT Fonn 250. M*n115 Ooalmentatlon Record . G_,.lorm, ....ndllndudes de«ennining the mirllrrwm n\.lnber ol reqund t.fttS and X applbble IT1IIIerial aubrnitblls for al miter ilia p-.cl on the profec:t • Update the form as ¥IOitt prog!KSe$ X • and dlslribute form after ~k • X p.lfor"m Proiect Acloeotanc. Samoles and TellS X Petform Verl'K:alion T e5ts X ~ Manufac:tured Products X lll$pedJOII ol structural~ . Fabrication olltNCtUral trHI and pra·llreued eonaete muctural c:omponera NA . Bridge modular expansion deYioK (fT to 6" Of greeter) NA . Fabrication ol bNring device& NA AJxxove Source. of ~ X Independent Assurance Testing (IAT), Loaal /lqenCy Procedures 0 COOT Procedures 181 • GeMrate IAT 1Chedu141 X • Schedule and provide notification X • Conduct IAT X Approve mix ~n. • Conctwt8 X • Hot mix aphelt X Check FNI M.terlall Ooc::umentabon X and Distribute FJnel Mlterials Documentation X CDOT,orm1Ul 01Mll'liO'lOU PI'WOU1I .a ION •• oii&GI•• anciiiiiiY not 1M used Exhibit E -Page 4 of 5 CONSlRIJC110N CIVIL RIGHTS AND LABOR COMPUANCE 10.1 Fulfill Proiect Bulelin Board lr\d Pre-Corls~ ~Rea~ X 10.2 ~COOT Form 205 . SUblet Ptimit Applatlon Review and sign comPeled ax>T Form 205 for eech suboonnceor, •nd submlto X EEOtavll Riallts ~lilt 10.3 Conduc:t Equal ~nt Opportunty •nd Labor ~anoa Vertllcdon Emp6o';tM X lnte!VIew$. ~COOT Form 280 10.4 Monilor ~ Business E,_rprise Paniclf*loo to Ensure Compl~~nee Wit! the u.ful Function" Reaulrements X 10.5 Conduct I~ When PfOjed Utilizes On-lhe-Job Trainees. ~COOT Form 200 • X OJT Tralni'la Qllelltiomaint 10.8 G1leck ~ PaYI'Ois(CGniMi the Recion EEOICMI RJctu Jarninlna ;,) X 10.7 SUbmil FHIIVA Focm1301 • Hiatw.v ContiiNCtion Contracla's Annual EEO Report X F1NALS 11.1 11 .2 11 .3 11 .4 11.1~ 11.8 11 ,7 11 .8 1UI 11 .10 1, .1, 11.12 11.13 1 ,_, .. Conduct Final ProjM:t Inspection. Compla •nd .ubmlt COOT Focm 1212 • Finlll ~Report (Reticllnl &lglneer 10411mend1101y Local AoMcY pe~ •• Wrt. Fin.~ ~ Aooeptanoe Lelllef tor Filwl Sealemerrt Preoere and~ Final As-Conslruded Plans Preoafe EEO · Chec* Final Quantilift. Ptllm, and Pay Ettimatr, Chec* PIOject Documentlltion; and IUbml Final c..tifications Ct-* Material Documentaticn and Acceot F'tnal Material~ S.. Cha~Vl Oblaln COOT Focm 17 from the Contradcf and Submit ID the Resident En!IIIIMf Obtain FfofNA Focm 47 • s-t.t.nant ~Maria'-and Labor UMCI ... from the Conlrador and Subn'lt COOT Focm1212-Final ~nee R~ (II\' coon Procela Final Payn)ent and Subnit COOT FOITT! g5() • P!o~ctCiocure Retain Ptolact Recotda for SiX Y .. ,. from Date of Prolect Clc»ure Retllin Fioal Vet"Sion ~local Aoencv Contract Adrrinistration Checlcli5t cc: COOT Resident Engineer/Project Manager COOT Region Progf8m EnginMf COOT Region EEOfCiYH Rights Specriallist COOT Region Materials Engineer COOT Contracts and Matl<et Analysjl Branch ~ AI,Jertcy Project Manager X X X X X X X X NA X X X X X X COOTP'arm1W 01Nl....,..oU Pmll-tclllonl Wt OMolltt lncl may flOC be uttd Exhibit E -Page 5 of 5 33. EXHIBIT F -CERTIFICATION FOR FEDERAL-AID CONTRACTS The Local Agency certifies, by signing this Agreement, to the best of its knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension. continuation, renewal, amendment, or modification of any Federal contract, Agreement, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer of Congress, or an employee of a Member of Congress in connection with this Federal contract, Agreement, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31 , U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agree by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. Required by 23 CFR 635.112 Exhibit F -Page 1 of 1 34. EXHIBIT G -DISADVANTAGED BUSINESS ENTERPRISE SECTION 1. Policy. It is the policy of the Colorado Department of Transportation (COOT) that disadvantaged business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement, pursuant to 49 CFR Part 26. Consequently, the 49 CFR Part IE DBE requirements the Colorado Department of Transportation DBE Program (or a Local Agency DBE Program approved in advance by the State) apply to this agreement. SECTION 2. DBE Obligation. The recipient or its the Local Agency agrees to ensure that disadvantaged business enterprises as determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all participants or contractors shall take all necessary and reasonable steps in accordance with the COOT DBE program (or a Local Agency DBE Program approved in advance by the State) to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of COOT assisted contracts. SECTION 3 DBE Program. The Local Agency (sub-recipient) shall be responsible for obtaining the Disadvantaged Business Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall comply with the applicable provisions of the program. (If applicable). A copy of the DBE Program is available from and will be mailed to the Local Agency upon request: Business Programs Office Colorado Department of Transportation 4201 East Arkansas Avenue, Room 287 Denver, Colorado 80222-3400 Phone: (303) 757-9234 revised 1/22/98 Required by 49 CFR Part 26 EXhibit G -Page 1 of 1 35. EXHIBIT H -LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL-AID PROJECT AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded local agency project agreement administered by COOT that involves professional consultant services. 23 CFR 172.1 states "The policies and procedures involve federally funded contracts for engineering and design related services for projects subject to the provisions of 23 U.S.C. 112(a) and are issued to ensure that a qualified consultant is obtained through an equitable selection process, that prescribed work is properly accomplished in a timely manner, and at fair and reasonable cost" and according to 23 CFR 172.5 "Price shall not be used as a factor in the analysis and selection phase." Therefore, local agencies must comply with these CFR requirements when obtaining professional consultant services under a federally funded consultant contract administered by COOT. COOT has formulated its procedures in Procedural Directive (P.O.) 400.1 and the related operations guidebook titled "Obtaining Professional Consultant Services". This directive and guidebook incorporate requirements from both Federal and State regulations, i.e., 23 CFR 172 and CRS §24- 30-1401 et seq. Copies of the directive and the guidebook may be obtained upon request from COOrs Agreements and Consultant Management Unit. [Local agencies should have their own written procedures on file for each method of procurement that addresses the items in 23 CFR 172]. Because the procedures and laws described in the Procedural Directive and the guidebook are quite lengthy, the subsequent steps serve as a short-hand guide to COOT procedures that a local agency must follow in obtaining professional consultant services. This guidance follows the format of 23 CFR 172. The steps are: 1. The contracting local agency shall document the need for obtaining professional services. 2. Prior to solicitation for consultant services, the contracting local agency shall develop a detailed scope of work and a list of evaluation factors and their relative importance. The evaluation factors are those identified in C.R.S. 24-30-1403. Also, a detailed cost estimate should be prepared for use during negotiations. 3. The contracting agency must advertise for contracts in conformity with the requirements of C.R.S. 24-30-1405. The public notice period, when such notice is required, is a minimum of 15 days prior to the selection of the three most qualified firms and the advertising should be done in one or more daily newspapers of general circulation. 4. The request for consultant services should include the scope of work, the evaluation factors and their relative importance, the method of payment, and the goal of 10% for Disadvantaged Business Enterprise (OBE) participation as a minimum for the project. 5. The analysis and selection of the consultants shall be done in accordance with CRS §24-30- 1403. This section of the regulation identifies the criteria to be used in the evaluation of COOT pre-qualified prime consultants and their team. It also shows which criteria are used to short-list and to make a final selection. The short-list is based on the following evaluation factors: a. Qualifications, b. Approach to the Work, c. Ability to furnish professional services. d. Anticipated design concepts, and e. Alternative methods of approach for furnishing the professional services. Exhibit H -Page 1 of 2 Evaluation factors for final selection are the consultant's: a. Abilities of their personnel, b. Past performance, c. Willingness to meet the time and budget requirement. d. Location. e. Current and projected work load, f. Volume of previously awarded contracts, and g. Involvement of minority consultants. 6. Once a consultant is selected, the local agency enters into negotiations with the consultant to obtain a fair and reasonable price for the anticipated work. Pre-negotiation audits are prepared for contracts expected to be greater than $50,000. Federal reimbursements for costs are limited to those costs allowable under the cost principles of 48 CFR 31. Fixed fees (profit) are determined with consideration given to size, complexity, duration, and degree of risk involved in the work. Profit is in the range of six to 15 percent of the total direct and indirect costs. 7. A qualified local agency employee shall be responsible and in charge of the Work to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of the contract. At the end of Work, the local agency prepares a performance evaluation (a COOT form is available) on the consultant. 8. Each of the steps listed above is to be documented in accordance with the provisions of 49 CFR 18.42 , which provide for records to be kept at least three years from the date that the local agency submits its final expenditure report. Records of projects under litigation shall be kept at least three years after the case has been settled. CRS §§24-30-1401 through 24-30-1408,23 CFR Part 172, and P.O. 400.1, provide additional details for complying with the preceeding eight (8) steps. Exhibit H -Page 2 of 2 36. CVUID IT I ccncc A I A In f'l"\e.ITD A f'T DDI"\\11~11"\e.IC:~ F11W,t,.1273-R8'Ased M-r 1. 2012 R£QUI!tt0 CONTRACT ~OVISIONS FEOEAAL·AIO CONSTRUCTION CONTRACTS I, a-..1'11 II~ Ill. Nanl~lilel Fadli ... IV. ~-RlUiiiCI Act F'nM&~ V Criact Woril Hours and Safely Standerda Act l'rollillon& VI. SullleHng or Ass9*>9 tha Col'l4rac:C VII. Sefety. Aa:ident ~ VIII. Fllta ~nta eonc:.mlng I~ P>qacts IX. l~fon of ClAn AI< Act and Fedenlf W- Polullon Ca\11'01 Act X. Canpla.-I041h GoYenwneni\Mde ~nslon ...:1 oc-nt Requi'wnertts XL c:.ftc:8fon ~ UA ot Cor*IICt FUnda IDr lDtJbying I,GI!NI!~ 1 Fcrm FlfNA·12'73 must be ph)'slcally lncorpora1ed In ead't c:onl1ructiDn mt'llr-.d luncled undllr Ti•• 23 (elldudr$ emtttg~tncy ~ eol8ly lnMnded IDr debris ,_81). The con1rac1or (or albc:riaclor) trl.ll1 in&ert t-il fonn 11'1 uch MJbc:orlhcl and f\nhet NOAr• ha lndullon In Ill lower iK IUbconhcb (.xcUI11'4j p.l'dwll orders. IWIUII 8!PWtlln.U *"' ot>et ~~gA~ementa IDr IIU!lPIM or HN!ces) The applceble ntqlkema'lls ol Form FI-MI A·1273 - lnccrp0ra1ed by rer ... nc:e for work dane 111der any suc:Nw order, ,..,.ll...,wtl'll or •-"'!Dr OIMt ....c... The prtme conndor shill be ~ for compliance by any 1Ubeoc111'8dllf, lower-4itr NIConhdor Ot AMce ptl)'t'ldw. Fcrm FlfNA-1273 mull be II'ICiuc»d in d Fedw111.-d cte.gn- bulld ~-. ro .. ~·end In ._ •• IUbclonnds (~ ~ IDr de&lgn ser..tce5. ~ ordere.IWUI ~~~~~!& ...:1 other a~emenu lor supp!at or ....WU). The dH~rshell be~ fot~by8ti)II~OIIIllldioo,"'-r-4ifW~ oraMce~. ConlnlcllnO agenci• may ref...noe Form FHWA-127311'1 bid propoul or~ for prt>pMal doeunen1l. ~. the Form FI-M/A-1213,.. be phyelcally lncorpontted (not ret.renc.d) on II c;onlnlc;ta, ~ ...:1 '--4l•r IUbc::onnds (ex.c:IUdng ~· orders. nent.t ·~ents and ~ aur-ameniiiDr 1upplec or~ related to a c:onA\don c:cnhc;t), 2. Slbjed to the aPillicabillty c;l'lleria noltd In tha lolawlng Mdon1. fleA connc:t prooooialont lt>IH lllPIY 10 II work petformed on the ari1lc:t by the COI'IIt1ICiol'a own orgenlzatlon *lCI with 1M •sistenoe ol work.,. l.ll'lder fie conncton tmmed*e "-"errotenctenoe end to aH -plll'formAd on 11>8 c:onnct by pi-'<. sl8llion Willie. or by GUIIOOf*1IQt. 3, A breac:h ol any 01 h ~lOonS COf'tllllnaCS tn tiWM Raqtjfed Cor*IICt Prollialona nwy be ltAclciR pnb lor wil'tlolding Of PIOg(MS pa~ llilhholdifll ot fiNI pa)'I'MI'II. litlmi"latlcn Olh ~~I de'*"-'1 or any ohr edlon dniii'Tiinad 10 be ~by tha conhC:ti'lg ~~g~ncy-FlfNA. 4. s.ec;tlon of lllboc During fie performanoe ol thle contract the CCfW8C1I)( ehlll not UM eorMc:t 18bor lor any puoposa within the lmlta ot a conP\don prqect on e F edlnll-eid ~ IIII8U Ills l.tbOt palfonnad by awwlcts Ylho .. en parolot, Al.4)4tNiud ,......., M pnlblltlan. The-Fadel'll4id ~ doaa not lnduda I'OIIdwllye bdon8lly daaifted • local rl*ll or rul'll ~ oa11ac:10rt.. II, NONDISCRIMINATION The provllllons of Ilk sedlon reiatlld 10 2:1 CF'R Pllll 230 .,. ~ble to at Feder'll·ald c:ona1l\ldOn-11n1110 al raleled ccns1nJclon IUbc:onhda ol S t 0.000 or men The pre.~,~ ol23 CFR Pitt 230.,. nee IIJPICabla 10 m•rl• ll.lpflly. et\g1Mer!t1g, or ...:Hfedi.Jql ae.W:. ~a. In adlfton. tha _..,_and 1111 ~mutt c:omply lllfth the fol~ pcllde« EJoecu1M1 Otder 112~. 41 CFft 60. ~ CFR 1826-1627. T ... 23 USC Sadion 140.1M Rehabllllllllon Ac:t or 1 973, • .-nanded (29 usc 7~ ). n•• VI o1 the CM1 ~a Ad o1 1964, as ;woended. and relattd ragul.ttlonllrd.odng 49 CFR Parts 21 26 -'27; end 23 CFR Plr1s 200, 2:10, and 633. Thl corNICtOr end • a\l:lcoi • ac.1ors II'1USI CtlnllliV wttl: the ~ ol the E~ OpparllllityO...In 41 CFR 60- 1.4(b) and. lor .. cor'oiiiUCIJon cotndr. ~ $10.000. tha Slanden:l Fader'll Equll ~ Oppcrl\.rf1y eon.trua1on Com-ld 5C)ec:ltcallan& In 41 CFR 110--4 .3. Note: The U.S. Oepemtant Ollltlor'-adullw allhorityiO dewmna ccrnpli8ncl with ..,._,ti.,. ORier 11246 .,d the pcllc:la 01 Wla Sacreltty of l8bOt lnWcllng <I 1 CFR 110, end 29 CFR 11126-1627. The cortWldng agency-the FI-MIA hiM! lila authorky *lCI tla raaporlllblity 10 -... comjllienca IMth Ti .. 23 usc Sec:ton 1<10 ... Rehalilhdcn Act of 1973 ... emended (~USC~). end Tile VI olh CMI ~IS Act 01 1964, • emendtd • ...:1 relnd ~atlon. Including 4!1 CFR Paris 21, 26 and 27: end 23 CFR PaltS 200, 230, rod 633 The follOwing prowtalon ill adOI*td fnlm 23 CFR 230. Appendix A, ¥lith apprclllrillle ,.....,. to canform to the U.S. 0epanment oll8bor (US DOl) ...:1 FHWA ._....,.,ta, 1.1lquallrnplo)manl Qpportunlly: ~ 8f'lll)io)fll9nt apporU\lty (EEO) raquiramoln1s not to dt<nnlnalt and 10 taka ~ 8Ciicn 10-aqu8l oppGrtJrily .... - llldar laws. axec:Utiw ordere. 1\Ma, ragWitionl (211 CFR 35, 29 CFR 1630, 29 CFR 1625-1627.41 CFR 60 ...:1 49 CFR 27) end on:ltll'll Of the SecniC.-y ol Labor " modified by ... pra.llion& ptWG"'btd hllnli'l. and irnpo&td IU$'*'11 10 23 LJ.S.C 140 8h8ll consi1Ull!l tie EEO anlllf>'ldte ~ tacnlllilndOird& for 1he cor 111 ~ projac;l -*-!lid« Exhibit I -Page 1 of 12 .. eot*Kl The pror.4llore of the ArMric8rw 'Mih ~ Ac:l of 18110 (42 u.s.c 12101 et Mq,) ... far1h lftlw 28 CfR 35 end 2t CFR 16:30 .. lncolpcneed ~,..,.._In tile corncc. In the ~of .... ~"' conndDr lgrMIID ~ 'Mih .... fllllclrM1g lliiW!u!l apedllc ~~ KIMhl of EEO: .. The eonnctor .. --""" .... Q)t*iCtiiO ~ ll1d fie F ..... o-tntllid 10 enan I'll! It,_ made fNW'I good filth eflor!IO pnMcit 41C1U11 ~_.,NIP«'! to II of lllltlml end~ of ••ljlloymenlllld In"* l't'tltw at ectMtn _,... the COI'Ihct. b. The c:onncb'Y141 ~ •Ill ~poky the following l1lllment "II .. "' poky of'" Compeny 10-hit iplllic:a1ts .. ·~.lndlhll ~--...ctcUing ··~ IOithDul ~ to llelr .._, nlllgjm,-color, nelonll Ollgn. ege Of citdl)'. SUdl.aion lhllllnduck ~. upgt1lding. dlmalion. Ill' nr.fr, ~Ill' ~ ~q; ..-orMrminlllon;,... of r-y or oCher lonna of~llld.-.....lor~ lnClldng IPPI•IIICell'tlp. P"'.._, • ~. fllt4/or on41e- Jcb~· 2, UOOtf*r:The~_.~__,,_. ~enown 10 the~ a~~c:era '" eeo 0111c:er .,.,.,. ~ww .,. retPC~IIiiiii'Y 1or __, mu11 be cape~e or .....,.., atmi .... tl~gend ~en ect.... EEO ~ end-.o mull be lell9*l ~~end t81j)Gii11Yey IDdo eo S. '*-lftdoft of l'otlcy. M fllll'l'lbln of lie 001 108Gb'S ..., .,., -IUhortDd 10 tin. ""**'-ptQIIICI4it. end clec:N;ge ~ or-"0 ,_ .... of ad\ ec11on, or-"0 -·~lr'MIMd In tudl ecton. ... be made Uy ~ of,lnd.,.. ~ N 001e8C!Ot'a EEO pc11cy a"dcet"hdUII ~10~ EEOinMCh ~ end c:lallilbllan of •·~ To-twt "'.,... I8"MfT*''I .. be IMI. lht ~ eclon& ..... be IIQn •• rnir*nt.rn' .. P.nodc: l'f'lellllnvl of~ .-ld I*SCf1MI allot ~ ... be~ btloN the.,., of WOik ll1d '*' not lese oiWI hn onc:o1 WW'I llx ITIOI'II!a. et wNc:tl tme tMI ~era EEOpoGc;yllld*........,aliot••be ... ~ end·~ The rnaellrrga .. be carrcllc:llld ~ fie eeo 011ow. b, Nl new ilCMMSCIIY or~ at1ca ~·.,..be v-r a~ ~~.-on byh eeo a~c~r, -tne • rnejor •Ptda of the COI'Crlc:lOI"' eeo obllgllona 'Mihln flltty dlyw ftlllowlrrg ....... ,..portng llr GAy""""' COI'IIrlclor c:. Nl ~ -"0 .. eno.dln chc:t~tfor fie projld _. be lntN:ted ~ h EEO Ollclr In .... carhdar'a jli'OCitGns for~ a"d '*1rG .nnortle& and -· d. Nofloat anc1 11011tt1 ..oro..-..,. 001 •• ....., .. e~ III*Y• be piiCtd ln-IMdly _....10 ~. ~for~__,.,..,~ • n. ~· eeo pc~cy __, "'JlftiCICUW 10 lir4'Hmlnl tueh poley .. be ~ 10 lht aHinlion of ~~ma..at~~hrdloclks.or Cllhlr IIIIJIOPiell--. 2 4-~lll:wt.r~lor~ ..... ~--lncbialnll ~ ... •for~lht ttOtllan: •Nr EqLIIII OppoiVrly ~: M tudl .a.. ........... bepllced In~~ a large dtCI.tiCiorr lf'IIOnG ,.,.,.... woman In.,. ... hm whctr .... pnljld work foroa -*I tDmtlly be dltlwd. a. The c:ornctor .... Willi$ predudad ~ • Vllid bet'gllrq .--.. CIDI'IU:II aYI*Ndc end clriC1 *"""*"' l'roll;h pWk and ....... ....,.,... ,..,_. ~CKrC~a llcely 10 )Wei Qlalifl4ld ~ a"d women. To ,.. '" ~ the OOI'hC1orwillldtrllfy eourc:.s of fll)llnRI minority group ~~. and utMIWr will ad\ ~ IOW'CII Pf'O()tCU'el Ylhlf'lby minority end wamtn ~ INIV be l'tlferrtd to the COI'hclor lor ....,)mint CCIIIIIdllfton. b. In .... -I'll the ccnnctor hie I wid~ ~~ prow1c1ng for utJullw ~Mil m.m1a,.,. ClOflhC*)t Ia eptC1ild 10 obelrw .,. prMiorw of fill ..,_,..... 10 the atlnl fill the 8)'lllm ,... tre OOI*'*'*" .. ~wiiiEEOc-.ct~. Wlllf'l iftPei•••tlllotr of 1uctr ., ._,.hie Ill ICiea of dllc:m....~ IIJIIItlll~ orwarnan. or~ N cxnw:toriOdotre-.tudl~*la- F"Idlnll nonc~~o ........ prooo4llana. C'. n. COI'he*lr ... ancang. .. ~ ~ 10 ,...., minortlallnd-...... lor··~ ••bn•IOI• and~~~ 10 Nl.mtlg 1uctr ~ ..... be cllc:unld...,~ S .......... AdiNa: Wee-,~ ccndlonl. and ~ ..................... lnd~.and ,._...ldlotra of.-:'(~. rG.dno ~ ~ promolan. ....... cllmalon.lllyof'l, end ..... Moo ...... be talwr ~ ~ 10 ~.color, riiQilan. AIIIC. nllonll or1Q1n. ege or~ n. ~ proc~C~~n•lhlllbe foil-« 1. n. c:criO'Kior w11 conducl periodic~ of~ ... 10 Nurlltwl watdriQ candillanl and~ flldlllee do not lnclaile cleCr'mlrwtory ... ...,.,. of projld 1111 ~ b. n. ClorACior wit perlodcely ewlun .,. liPf-.d of wagiMI paid -"*' MCh dl&tlllclloi'r 10 da~Mninafi!Y IYidtncl of lhctttriniiDty ""' pt1ICijcM. r. The cat*'IICIDr • partodlc:lly l'll\lllw ulec:ted periClmll ectonaln dllll't 10 dMinnlnl WriiW..,.. 1s ~or ckcrtmlnllllon. ~ allkllrrce Is found, .,. c:onhciOr • IJI'QI'nllllr ... ~ eeton lllhl nMewlnclail• tlwl"' ckolmlnlillon rrtl1f lllllnd beyond the eeton• -"-'· IUd'r ~ don lhllllndudllllfaclld l)lltCnt. d The conhQor .. llfOIIII)ty ~ .. COfl1ll-* of IIIOid dllc:lttTWillan tMdl to h CGr'llr8dor In Clinllldlon ... Ill olllptanl '"*' .... c:ornct. ..... .....,.10,...,.,. IUCtr _..,...., ana•,.. ~ COII'dW edian ......._ II'IHCiftltlll..,. If tre ~ lndli:llllthll Ill ckO'tfNNIOII rrtl1f alltct .--CINr ""'"' ~ tudl CICII'IIdvlldian 8hlllncbia IUd'r 04hlr ~ Ullon ~ al..:.ton. • .-~ .... oantl'ldor ... r.bm WW'I CIOfi1PIIInlnt of .. of .... ---of..,.,.. •. TniiMttllld "-ottorr: a. Tlrl CCiilfttb. llllttln loclllt1g. ~. end II1Ciw.1g ..... of II'II1DfiMI and-who- Exhibit 1 • Page 2 of 12 ippliclnls for~ or o:vrent ~ Such .nom should be__, Ill~ Ul ,o.srwy ._.. ltalla ~ In the.,.,. d tr8de or Jcb dlluilaltoft lrMlMcl b Conlillerl ~ N 001..-.ctor'a 'Milk be. ,.q.irtmenll and .s.,.,..,. '"* F9dlnl and~~ the cmrncmr 11'111 n1llb u ~ d nlnlng progrwna 1 • IiPPI~ and~....-.,g~ lgrfle ge«91Pf'o1<;11 wee of connet J)lltarmanoe. In N _..a l!)eeial Clf'IMtion lor~ It~ ..... "" ccnlrad. 1\iaiiAli*IIQIIPI'I.,.. be~ ulnctc:Mad In 11w !JP41dal pnMSlan The~ llgenc)'rM</- Irainng P1*1icJne tgr .,..._.. ...no I'ICliiYe wtlftn aaialanoll In ecc:ons.nce w.t 23 U.S.C. t40(a). c. The cartnc:IOf.,.. acMM ""*>YMt 11\d ~canll for employment o1 ,......,.. ~ ~&andernnce ~lor each. d. The~-~,......_.,.. nirV'og lnd II"CC''''I44an pcJIIInUI d ~.no .. rninariiea -.I wamtn lnd 'IIIII tncOI.ft9t lllglbie ~ 10 IlPPY for IUCh tralr*lg and promoton. 7. Unlone: If h ~,... n ...tu. orl'l.-1 upon tnona a& a IOia"'t d ~. N cowac~Df .... UN good lalfl etbtlto Clblolln the~ d tuch l.fiont to incruM ~for~ 11\dwam.n Adlona by fie cartnciOf, -"* dHc:lly or~ a connctor'l assodaton actng .. ~l WI Include fie proce!UM &Ill IOI'i'l below: L The conltiiC:Ior IIOill ,_ good flilh ellortt 10 eM......,, In coapttaton Volll\ 11w ~Acne. Jdnl hlnlnQ progran~~ Wntcl IOMrd ~men mhorlhalnd wamtnlor rnemOinl'lcl In fit unioN lnd ~ twllclb al .monu.. lnd worn«\ toflatl\eyrM<J~b' ~~ ~ b. The ~or .... UM good ~~~~~~---10 lnccrllorW Ill EEO 0... Into_, IAon ~ 10 ... end lhll IUCh U'lion ...... be ccrwadUIIybOu"od 10 ,... ~ ~ rtgiWd 10 their,_ oalor. ~-.,.,...... cwt;n. age or ckllllilily. c. The conrletOt II to ClbCM\ lnfDrmlllicn .. 10 ,. rellml pr1ldlca lnd polc:lea al ... Iabar ll'1on •Jall4 flat to .. -nltueh lnlannalon II~ .. UICiuslW pouealan al fie labor union 11\d IUCh llbot union refuMs 10 1\mlh IWl lnlormllllon 10 N ~.fie canlnldor st\111110 C*1ify 10 fie eanhdng agency 11\d lhal Ml forth wtwtaflortl "- been macl6 ID obtain IUCfllnklrmelon 4. In .. _.. the union It II\IIIM 10 pr!)WM ... contnM:IOr IMth a r...anallle lowol rellmll wit*! til tmelmlt Mtb9'1 l'llwcolecllw~~~~~-..... fvoulto lndependenl reoulnwtlellor1& 611 .. employment ~ 'MI>oul rtgiWd lo --· oalor. ~ ...... ~ origin. 8111 or~ INichg U lllforts 10 obUin quailed .-wJ/01 qullllflaM INnool'-and wonMn. The f .... d. ll'1on 10 pt'CNide Uldllll ,.., __ (-11\ough· • ~ 10 prclllll4dt ·~ ,..,.,..,, undllr the lilrms al • c:all«:''w blrgloiWIQ ~)dolt not r-.-,. ccnnc:~or from N ~Ia al'" ~ In fie-~ fie uricn,. .... pradJce ~ ... oanlraCIDr from maeling .. ablogllionl p.nuenl to ElltCMI\oe Order I I 246 ... -ended, lnd fl- qMICilll provlllknl. luch canlniC:tor wn """*"'ely nollfy the c:onhc:tng '9I"'Y I. A .. aonllble Acc:ommodllllon far Appllcanb I &nployNs wlh D4Mbllltlae: The canlrlii;D mutt be..,._ 3 wit\ fie re~ lor 11\d ~ wlfl N Americenl vM\ OiMbiW•~C. 11\d II 1\Hsllld ~ ellablllhed there \.l'ldltr ~ rraJSt pnJIIIM ,._,.,.. aocoiiiCidlton In ·~~11'11-toc»to~-ln tiiCM hlrdahlp t . Seledloe ofS~cn, ,.._,.of 11.-w. and LaMing of Eq""'"*'t The c::ornctot 11'111 not daa'lrrinlte on the QI'OU'lCI5 Olr8Ce. oalor.l'llliglon. MJC. natonll 0119'1· 8111 or dialllilty., fie Mleclon 11\d tftlnion 01 UConhe1ora.lnc:ludng ~ 01 rnalilflala and ..._ Olt~nt. The~ lhll 1111ct .,.,_., lnd ,.._.... 5IBpt to enan nond.IICrin*l.llion in fit Mlmlnilh•on oflhll cannct. L The connctor INa notfy Ill poterclal M.tlc:OI'IIraC1Drllnd ..._.,.. end 1-al '-EEO ollltglltionf uncler INs COI'ihCl b. The connctor will UM good flilh lflorla ID tniU'W .ubconlrador ~ •lh 0.. EEO abliglllow tO. Aatunnce lttquftd lly4t CFA U.1~: a. The ~ta Of •9 CFR Plrl 261nd fie S.. OOTI U.S. DOT~ 08E progrwn-~ICOIPQI.-ct by ,....,..._ b. The oontrac:tor or II.CIOOnlrlldor sNI not~ on lht bnlt of raoa. COlor, nattorw1 Ollgln. or sax In fie Pttfonnlnce Ollhll CCli'Wacl nw ~ w n c.rv OIA l!)pllcablt ~Ia Of 49 CFR P1rt 261n 11w .-d 11\d lldmlritnton 01 DOT ...-.cl ~ Fallurl by fie ~ 10 c.ry out ..... ~111«'111 ... ft\1Qri8f tnac:h of .. oonlnlcl wNch rr-v rtiiAt In fie IMnondon Of .. c:ot*tct or auch oltltf' ~edy • N cOI"iiracclng agency dHrnl~ 1 I • ....,_. and ... ports: The cxN'1tc:b 11'111 kMp IUCh l'tCICir'da .. -.ry 10 doarntnl CCI'f'4)llanct wlfl N EEO ~II. Such teawdl shill Ill~ lor. period al IIVM yNr& ~ fit d-. allhe I'Nf Pl)n\tnl to fit cat*actor tor II cmnct 'Milk 11\d lhll .,......,... • re-.ble tmee lnd piKM for lnlptc:llon t1y ~ repre..ualiYn ot the -**efng egency 11\d fit FlrNA. • The rec:ordl kept by ... c:onlnlc:lor ...... doc:wntnl "' tolkMing' (1 ) The .....,..,. 11\d 'Milk hOU'a al mlnoflty and non- minority group rntmberc 11\d-employad In • .;. WDrlc d•SIItcelon on the pro;ed: (3) The ~ 11\d ellor1l bell1g "*"' _, loc8ling.l*lng. ~lir'insl. quel~ 11\d ~ IIWIO!It .. 11\d wamlll: b. The~ 11\d UCont'aetarS _. Nlrni!IIIIIYIUII report to fie CIOtlhclng agency Mdl J<Jy ror the dlnton Of fit ptCJ)Itd.lnclc:alng fit n\.IT1ber Of rrftll'lty. women. and nctHnlnorlty group emplo)oeH CI.IT9I1Iy ano801d 1n •en wartc dllllilcalion recp.li'td by fie connct .ont. Ttnlnlormlllion .. to be repon.d on Eonn R IWM3?1. The mllng diU thould ...,_,t fit prq.d wartc torQt on bolrd _, 11 or env part 01 lht t.t payrol period prec:adlng the end of Jlly It on-11\e.jcb lr8inn9 ill being ~ by ~!*ill ~. fit can1t'lii;D Exhibit I • Page 3 of 12 ll. ltOMRGREGAU D FACIUTIU TNe llfMion IIIPI)Iiclble 10 .. ~ ClCir'AUCiCIIn oonnettendiO·~~~d $10.000or- The ~ mua .-n twt tacililie& prc:NicMd tor ~ .. III'O'I'Ided In IUCtl• m.vMr twt ·~on tHt 11M of,..., ooklt. ~ -.or Nionll origin CIMOI retll.ft. The OOIW'*:IDr m.y ntlfltr rtql.ft 1UitiHIJI'9ted ua• by writ!~ or cnii)Ciic:M8 nor IOIIII1h &uctiiM by ~ c:wtorn. lhl COIIIIIdDI'I CJIIIPkln ~ 1I.I1Nr to~"" twt hi~-nol......, 10 l*bm tHtlr MMcel M etflloc:Mion. \rlCMr tw OOIIIIK*OI"I oan\'ol ....... tHt ld'-.,.. Mgrtgated Tlw llrm .,..._..ini:Nflll5 wa~q room., wonc-a.,.....,.,.... end oNr ~ ~ ""-dodcl. ~ ...mxms.loclc8r 1001111 .... oNr IICtqt or~ ..... PllldniJ 1011. ~ fCU'tlllna. rec:rulon or 8fllliillloiii4h'il.-.s. ~end l'lciUilr1g ~for~ The CXll'lhdor ... pnMda ~· or~rtn'oomlftl-.y~or~ ... to-.npiYacy~-. Thll MCIIIon IIIIPfllatM to .. F..,..._, CXInla'UI:tion ~~S2.0008ndl0 .. ,__,~8nd '--~~d~IIZII). The ~ .,PY to .. cnjeca loclllld _..IN ~4· ~d~~~~~~~~~~~ .. F....._, ~ Tl1aPdudN ,_,_ys Udonaly~ .. locll rolldl or n.nt mnor CllllledDra. ...tktl ... _,. Conncing ~ -y Met IOIPPfYO..~ 10 GNr~ The~ Pf'O\o(elonl-floam .. u.s.~ d lAbor~ In 29CFR 5.6 ~ 1111Miiorll 8nd 1'11-.c!IMh"l' w11t1 minor NM11ona10 carlorm 10 the Fl Nf4- 12731ormet8nd FtfNA~ ~. I . NA llbortN 8nd mec:Nnlce ~or wortc*lg l...,n tHt IIIII of fw wale, wll be pllid UIICOI dtallllly 8nCf no! leo cnen IWI onoe • WM6C. end w111ou1 ~ diCb:llan or reblte on elf/~ (4llCCIPC auct1 ~ dlct..danl•.,.. '*"""*'by~ llllluld by lhe s.owllry d lAbor lftW h Copellnd Ad (2Q CFR 1181 3)). h U 1m0Un1 of ....... bonllldl flrCII benllllll (Ot ~ ~ ll..oi)O.. It.,. 01 ~ ~ .. ,...nol .... lien .... oonllinld In h ... .._._.,ollie s.a.c.y 01 Llbor ~ Ia llllldlld lllrlto ... madll pelt twt.ot. ~-d ~ cannc:tulf r-.lllonlhlp .t'idl nwy be 111eec1 10111111 ~IN~ 8ndiLdltlborws end mec:hlnb CoMII4Aonl 111.:11 oreoltl..-.tJ~y ~tor bona .,. ,_. biNitl \RIIr-*-' t(b)(2) d tw DIMI a_, Ad on biiMilt d ~~borers or lftld-*' .. ccnlciiNd Wl!gll Plid ID ILdl tearers or~ at;.ct 1o tw pnMsiana 011*1911Ph 1 d. 01""' MCton; lito. ,.., -*bllona mllde or ooata ~!~CUred for_,., • WMNy l*lod {biA nol leu abn 1tw1 quiNIIy) \RIIr ~. flnb, or~ wHcto-.. ~WM6ily periOd,-ciNmld lobe ODnll\.l2lwly 111.:11 or 1na.1rrtc1 ~ ILdl WMICiy period. Such tearers rd -cteriol thll bl paid .. ~ W111J1 ""' rd *frcla benetla on tw WIIOI dtlilllnNIIon tor tHt dl•bllb• d work IICUiy ~. ~ rtgiWd lo lldl, UOIIPI .. pnMded In 28 CFR Ui(IX4). llibortr'l or mec:Nr1icl ~work in men lien ona danltcrion ~NV be~ If tw rllttPIOIMd tor NCh ell~ lor ... ..,. D.illllywatcad llwrtln• F'loWiecl, lhlf .. ~ peyral NODI'dleco.nlilly ... lortllhe lime ~pent in MCh dalllllc81an In ~ work Ia perfCIII'Md. n..,.. datlrmiNiiol• r~ 811Y ICktlionll ~ end wage ,...., eonfolmld Ul'ldtr pet'liQI'IPh 1 .b. ot fila aaclon)end the~'**' CW*-1321) lhlll 111 pot1ld .... .,.. by tHt c:onftclat end hi~. tHt ... d .. work In • pi"'O''IWwwtlnCIIClCIIIIIOII ,._ ....... It can blllllly M811 by tHt wartcart. (2) II tHt ~end WI ltibortrt 8nd lllldW'kl to be ~In tw daallc:ltioi• (If knoloin). or tHtlr resnNniiiiMI. rd til oontroc:tng ollolr IP'H on til c:IIAIIc:allon•nd MOl Nle (lnc:ludlne tw 8n'QIII da~ fgr Ml1ge beMtt. where·~> .• report of tHt ldlon 1111811 ahlllbe I4WII by .. OOI'W1Icling ollc:er to tHt Adrnlri.,._, of tHt wage end I !eM DMtlon, E~ Slllndlrdl Mnlr'A'Iiton. U.S. ~ d L.lbor. Wliilt*1glon, DC 20210. The Mnhilntar, or 8111Mhartud Npriiii\Uflw, _. .,_, mocffY, 01' ~ l*'f lddtonll dlnltcdcln ldlon ""'*' 30 days d rtOIIpt Inti 10 ecMM til OCII'III'ac:;ln olloer' or Ml nolity ttw oartlr'ldng atlclr ........ 30-day period tllllldcHonlll &ne .. '**'MIY (3) tn IN.....,. tw OOI'IhQOI', twllbortrt or~ 10 bl ~In tw dlldlc8lan or twlr riP'---. niN eo~ ill-*' 'II omo.r do nae.-on t11 prqiOMd c:IIMik.lllonn _,. ,..(~t~~II'IIOI.ftt ~tor,_. b~Ntts, ,.,._IIIIPI~). tw COI*dl8 Ollclr ..... rttlrtw ~doni,~ h ~d ....... lld!*'-lndtw~dtHt eo~•dlg a~~c~r. 1o .. weoe rc~ Hcu Hi'~ IIi .... tar da.,,, • ..,, TheWIIge lndHcu Ni'illiiiAifor. oren altloriz.ld ~. wll--. dtlilllnNIIon ........ 30 dayll of~ end 10 liMN tw CCd'xtng Ollclr or Exhibit 1 • Page 4 of 12 wll nofty lhe ~ ollloer with., the :lO~ey period tMI lddi1ioNiwnels -v (4) n. ...... (rc:bing tinge.,.,., .. -..... IPPI'OPfll tol) dltll ii.led P\ft\*1110 ~ 1..b,(2) or 1 b.{3) ol '"MCiiorl. lhll be paod 10 .. Wllfbrap.tamq WOlle In .... dlttlf!c:don U"'CCtt .,., ccnncll'om .... .,., dey on IOhlch WOiic Is perlolmed In lhli daslilclton c ~ .... "*-~,.... pt8Kflleclln .... c:>oo*ld for 1 c1au olllbofwl or IMd1lrCa Includes 1 '*'Ill beNfttiOhlch 1e not ~aed •., hCUiy 1'11111 • .,. mnhdaf tNII eJIIw PlY lhe blnlft • atlllld In lhli wage diMmllnMion or 8hll PlY~ bona ldelllnge blf'l4llll or., hOulty cnh ~.,.....,. d lithe connciOif '*-nal mlib PlY"** ., • ""'"or Oilier tWd ~. lhli c:onlrldor mey ~ • Pli1 clint w~a of liT'( l.tlcnr or medlrk the lmCU'il ol flfiy CXIGs reNOnlbly 811.0pelitd In~ bona fidelnnge bentttt. lnilr. plen or~.~ Thlth s-.u.y ol Labar lws fOtnl. upon.,. ...ne.n NqUeSt ol.,. canlr8dor. ..... the~ lllndlrda of"' o.w.a.con ~l-ew been mel n. Sec:rel.-y ol Labar mey ,..p,. .,. connctcr Ill All aclde In • ._,.,... eaoauni...U for .... rnee6ng al obllgltlons Wider the plen or prugrwn 2. Wlthholclin9 The ~ eoency still upon Ill OM 8CIIan or upan wntlen raque.t of.,~,._..,...... of the l)eplrtment of Uibor. wlltl1old or-Ill be wlthhlld l'om the conhCIOr uncler INa COf**l. or en; Ollet F edtrll oonlr*l1-..llh .... ..,. cnn• ~.or en; llhlr ~tderellr­ -oonnca II.Cljedlll o..~s~ ~wage ~II. wtldlll htld by .... -prime ccn.dor. 10 much ol,.. 8CC:Ned ~or---. tNy be CDnllcHrwd nac.ury lo PlY llllxnn end rnectwric:a. lncUtng ~ • .....,. ... end hill~. empJoved by l'le corkldoror enytubcoi•actar lhe U emOW1I ofWigiC req.ked by ihe OCd'8Cl In.,. _,. ol flilu'e WI~ rtf l.lboter or mechric,lncludW1g lny ~.lnllnH. or hlllller. ~ or-.-tdng on.,. • ol .... _., .. or pert of ......... ,.quftd by .... conlnlel .... -.ctlng apency mey, lifter'llrittotn notce 10 the~. lilke .uch .cllon u mey be nec• .. •v 111 caae the~ ol811y bhtr peyrnlf'll. aciYWICe. or~-alb>ds uniiiiUCil "'CII.tons I\IWceaed • Peyrcllalf'ld belie 1'8CG'da reiMrlg ....,..., lhlll be m.w.talned by the con1n1c:tor ~ the COU'M of l'le WOlle 8'ld ~ for. period al tne yura .......-tor .. llllarws and rneclw1D ~II .... lite ol .... WOiic. SUctl rtCOida lhll corain .... IWM.Idftal. lf'ld IOCillledllly n\lnber ol MdiiUCI'I woricer. hit or Mr conct c:llaitc:IIIIOI• ~ "'" ol MOBS peld (includlno t1llas ol COIW1IUiona or COt1'l lnkiplted for bona ftde lrif'111e benelb Of C8lh ~enll ~ ollht types deecrtbed In Mdlon 1{b)(2)(8) ol .... 0e¥11~ Ad), dfity lf'ld ......uy runber ol hcua wartced. dMl.dona made and-.... -o-Plicl wr-lhe s.crtt.y al UibOif 1'111 lOin! ""'*' 2$ CFR 5.5(e)(1)(!v) the! .... wagee Of rtf labor• Of mechric lncaJde .... -ol eny COt1'l ,...IONibly ll1lidPI1ed In plOWing benetta l.ftler • plan Ot ~ deiiCribed In Million 1(b)(2)(B) 01 l'le DIMs· Beccn Ac:t ..... ODnll'ldor ., .. ,.,..., recorda wt1lctt show thttlhe conn•ll•~e~ ~ lo J)I"CMddsuch benefts Is enlorcNble • ..... ,.. plln Of prog'lfl'lltlnlndlly ~. lf'ld lhll "' 111811 or prograonhll "-"~on """*'!110 the llbcnrl Of"*"-** lflecll(l. lf'ld r-a. Wlldllhow .... CXJCis ~or"' eclull C)o.l ~ in prcMCing suet> benefts Cclnlr1ic1ln ~ liPPrii\IIOIS t6 ...,_ uncler IPP"'Yed progra'TII lhlll maintm willen eYidence of the ~ol~~ endcer1tcllonof ....,_ J)IOgi'lml, lhe ~ althe 11P1A • ._. end ....,_, lf'IC!the mo. and W101 ratota Pl'..aibed In the ~ progra'Tit b. (1) n. CXH1lrliCWif 11111 Nlmlt WMtGy rc. aiCfl WMit In ~ ~Try connct WOiic Ia pa/tormed • copy al .. PI)'I'Ob to lhecorkdng~. n.~~lhlllltetN ICCU'alWy and c:ompleWy .. olthe lntonn.tlion ~to be m......,._, lftCier 29 CF'R S. 5(a)(3)(1). -.pt1h81 U IOdtl Mcurlly IUTibetl and IWlme llldree-WWI not be lncaJded on WHkly ~ .. tnMad the PI)'I'Oia 8hll Of'ly need to Include.,~ lden~ number lor eeen -~e ( e.g. • the last tour d9t* Of the ~'I sodll M<U1I)' runber). n. "'4ftd -.lily P¥CJIIIn~ mey be liUb'nlttld In liT'( form declred. Opfanel Fonn WH-34 71s ........ lor ltM purpose trcrn .... Wage lf'ld ~ OMtlon Wf/o tl1ll 81 hllp:J,_.dal.~71na ... l'*n or Its sua:enor ella The prime oonnctor Is rii!POI...,._ lot file tullmiralon of cqllet ol peyrcll by .. l>.bcoroUCIOII. Conlreclcrs and ~ ..... maiUin the 11M eodel Mcurlly IUIIber and CU'rtl\1 add~'-. Ol uch ~ WIQIUt, INS Ifill PfU'IIda 1twnl4)0n ~Ill the~ IOif'ICY lot !Ia lilioluiuttlo the Slala DOT, the FHWA or lhe W91NS Hour OMalon or the~ 01 Labar lor~ ol.., ~twa~ or IUCit or campllnce with~ wage ~nil. Ills 1101 11/lollkn Of .... Seeton for a ~)nne OOI"Ihcklt Ill teq~Me • ~IdOl Ill pnMde eddre-and IOdtl MQdy IUI'Ibetllll the pnne conhdCr lor Its own rKOrdl. lllllhaul ~ IUIIftatlon Ill the~ egency (2) Ead'le>lt)'I"CIIIIUbmrtted lhll be eocompenoed by a "St--.nt Of Compll..ce. • •9'*1 by lhe oonlractor or IUbcol.ec:b or t'ia Other agent who peye or..,.,.,. .. the PI)1IIWit ollhe ~ ernplored lftCier .... OOI'Ihd lf'ld 8hll Olltfylhe~ 0) Thill lhe ~M~ynll for lhe peyrol pel1od ~ lhe lnlormetlon rt~Jked 10 be P4"0'Aded 1.n0er §5.5 (IX3)(') Of RegiAIItlona, 20 CFR 1*15 ..... ~e lnformiiiOn Is belf1g rneirUi'ied under §5.5 t•Xl)(l) of~. 2$ CFR 1*1 5, lf'ld ttw1 .uch ~ .. OOINCIINS ccmp~eta: (i) Thllllld'l l8lxnr or mec:hrk (lndudlng IICh .....,.., ~..,.loe.lnCinlnee)~d onlhe corkeCI cUing .... payl'llll l*lod 1'111 been pilei lhe U WMidy Wlign eamecs. ,..t10ul reblite, elltw llntcty or ncllrectly. lf'ld lhll no decluclionl ,_ bl8l1 mlde ei1tW" direcly at lndiracly fran the I\AI weott eerned. Oilier lhen pamiaible ~ .. HIIOI'IIIn ~ 29 CFR 1*13: (ii) Thllllld'l lfiOorw or~ h• ~ plld nal ... than the ~ -ue r8l•lf'ld frir9l blnett& 01 ann~forlhe~al~l*bmed. •IPid'edlnthe~ ... ~ lncorporaled lnlo the corkact. Exhibit I -Page S of 12 (4) TN fllllltc8llon C6 111y C6 h 1D0Ye certtc:lllolllrNy IUtljed h ~ ew IIAicol•edor to eM orair'*-1 pr'OMQIIJOn IMldW MC:ton 1001 of fte 18 IIIII Mdlon 231 C6 ... 31 (6 .. ~ 81111• COda. c. TN -*mD: ew IIAicolllr8clor IIIIIIIINICe h ,_..,. ~Inlet.,.,..., 3 a. of,.eadan lMIIable few lnlpecllon, copying, ew hntcJiplan by eullorlz8d ,.._..,... Ofh CiOnhellngeg.ncy, h SlaM DOT, lhe AfNA. or 1M~ of lAbar, ..s .nail perMIII.dt ,...Mnllll'-to lnttr\olelol ~ dl.riog wartdr1g IQn on 1M JOG. lllhe conll'eCiew ew ~lila to Mbnll h ~ ,_..,. or10 IMICit tlem~ h AfNArNy. lftlr'lllll1bn ~ tolhe COI'Anlc:tew, h ~~or .,. S1alt DOT, 11M •ucn acton • mey 11e .-y 10 -h li.llpenlb'l of .,y ..,_...,..,.....-...:.,or ~of biOI.~. llllniO&I.IIiml .. '*"**' ,_. upon,.,... ew 10 IDIIka IUdii'KO'ds IMIWIIe !My lie~ tar~ ldiDn IIUI'IIWW 10 2a CFR 5.12. ~.,._ .... lle~IOWCite • ._._, b predoellnNned,.. tar .. WCitC hy pertarmed --lley-~ ~IO~~~~~~~Inabonab IlPPI•~ progrll!'l.llred IIIIth hi u.s. ~of Labor, Etnplo\'luenl and Tl'lllr*lg Admll"-*-• C.C. 01 ~ Trwq. ~ IIIII IJibor S.W.. ew,., a Slllla App ..... ,_, ~ IOIICO!JII2MI by lhe Olllce. or • a perwan" ll'fiPOyed In .. ew ... ht 90 --of pnlbalcNry ~ • an..,.,..,.._., IUdl an appo••llcalhp I"''OI'tm. Wlo .. nollncN6.Jaly regisl-d In .. prl9lm. laA ..no lwtllean Cdtad by .. otlce of ~··ICMNp Trainhg. Employer IIIII Labar ~or a Stela ~bthlp /lqltney (wftn IIPPI'OIIrielot) to bt tllgllle tar prolletonay~-.,~b. E~ appoWib mull lie jllld • nOI .... ..,_, 0. .... eoealed In lhe ~ PI'OgFim fewh lllPfW'ib'l....,.. of ~.~ • apercao-.ga OIO.~hculy • .... ll*lhd In ............. dll""*-lon ~ ...... Plid ~benefits In acQ)IdliwiOi""" .... p!'CIWtllona of lhe appr• ilk:wt"' ~ It"" IPPI•~ ~ doae noC ll*ify hlga benefila, ~mull lie Plid .. u _,. Ol~beNtla Wid on h-. ~lorhlllC)IatH d•eltcllllon lfh Adt••"-*•IDI dllarmlnaa "*• d11.,.... praclice ,_,...tor .. appllc:atJie ~ ~. .... .,.. ba Plid In acoo;dlw~ea ........ lll'lllnlllon b.. T,._ (programe 01 h USOOL). ~ •III"CMddd ., 2SI CFR 5.16, tralnHe,. nol be ~ 10 WCitC • Ina tlan lhe DledMtiioolnect,... tar tie work ~*formed ~.riMe ~ley-~~ to IIIII lnlhlcUiy ~In • PfOII'8II'I 'IIHdllwt ~ pdor ~~by lormal C*tlcalioil by .. u 8 ~ ofllbor, ~andTrwq Ad!·--· e-y ..... mull be jllld. nOI .... tlan .. ,.. tpedlad In h IPPI'OWCI ~few .. ,.._.,...,... of III'01II'Ift. ...._, ... pe!Qifllagl of .. ~ hculy,.,. ll*ihd In h ~Mgt dtlllli.lalai&. T""-Ifill ba Plid 1111'91 M.ntlln acoo; dlwiOi ....... ptOijlllont of .... ..... Pf'OO'Wi\ " ......... .,.....,dow nol ""'*"' tlfvl.,.,..., ..._ .,.. .. paid .. u ar!l(Ult (6 rmga ..,..I!Udontlewage~I.W"-e h MI.WIIIMOI' of 1M Wage and H()U' OMIIon ~ ... hrall an appo•ltceltip ~ -oclaltd1Mtl h ~jol.me)manwagaiWiaonhMQe datllm*\alon 'IIHdl pnMclaa tew .... t1an M tfnga banaiiS lor IPPI•ollow. Nr'f ~Iliad an h 111yroiat a tralnH ralt who 11 not Nglatared ..s ~In • ~plan ~ by h Etnploymenl and Tralll"'ss AdirWanlon lihll be peld nOIMIU tlan 0..,..... wage l'lla on tla wage detlrmlnalon tar h dattllca4ion of WCitC IICiually pertonned. In lld(fton, ant .,..,...pert~ WOik an h jab aile In -s. ofh rwlo pem;llted under .... ,.lind~ 111111 be Plld not'--tlan lhe ~Mgt t11a on h .. dit""'**'<Jn lbr .... work ac:UIIy parfarmed. In h-h ~)ftWII and T~ Altrl,..anlon llihhM IPPIO"'I of a~~. h COI'IIraaew IOiill no langilr lie pennlttect ID ullu ......... tlan lhe ~Ill..,..,, • ..,,... Iortie-'! perbmaell6ttil an ~~It IIIIPIOWd. Exhibit I -Page 6 of 12 d. ~teN nl T,._. (progr8ms of tie U,$, OOT) ~ nl r.-a wwldng l.l'ldttiCIP•IIIicelhciiiiiCI alollnlirlng PIOIJI1IIT'S wt.idlh..-. '-' ~by tie ~ofT~·~ E£0 In connec:llon wi ... Fedlrll.ed ~ ~ progrwM-no1 ~ 10 the re,qW~menta of l*lll'lilll' 4 of tilt s.eton rv. n.llt1llghl..,. hCUfy~ ,..,lor..,... ........ end ...._. lllder IUCII ~· IMI be esllblllhed by the ~~ n.11110ot~andl,_ 10 Jcuneymen I hill nol be w-• .... ..,.,. ... by tie -of thepdc\W~. 5. Complt.~~ee wttb Copelend Ad req....,.,... The CXlf'draciOI' Will ccmpy wl ...... e ~m.nts of 29 CFR p.n 3. llotich ... inc:ot'poraled by,.,.,.._ ., .. corCniCI I. SUbool'ltr8cta. The eot*ac:U 01 ~ ... "--t Fonn FltwA·1 2731n WIY llbconlnlct& end also~ .... ....tlcoi * otcbt 10 n:lude Fonn FIIW"" 1273., ~ '-w ~ The lrin• connctor ahlll be rapcolllble for tie com~ by~ S\bcorW-.etor01 '-... IUbconhc:IOr wi.., Ill the c:ontr.ct dllwM in 29 CFR 5.5 7. Conlrad termlnallllon: ~ "btNcl'l of tie --.ct a-t In 29 CFR 5.5nwy be plldl tar tlm*wton "' .... COfW"'Cl nllor Clebermlnl ... --.clOt end • ....tlcoi*otcb es prO\IIded in 29 CFR 5..12. a. CompUence wttb DIYIHS-n end Re .. td Ad requ.,_.m., M Nllroga end inlt!P'•tons of t1e Om· 8econ lnd ReiMed Ada COI'IIIIIned in 2& CFR 1*111 I, 3, lind 5 ... ,.,..., ~ ICOI'pOf1IMd by ... ....-.c. In .. CllnhCl t. Dlllputee conC*"IIIng 1111« atandlrd1. Oilipulea .n.lng out of tie tlbor Nndlrdl ,..,....,. of ttU ~ lhll no1 be ..,q.ct 10 lhe general cbpulll dai.M of 1M oonhCt. Sud1 clsputes eh .. ba .... c~wc~ In ecoord.noe ~ h prooeckna of ..,, ~'"'of Labor 1411 forth In 29 CFR ,_. 6, 8. end 7 Obpulea ""'Hn .... mt-*'9 of tilt diUM lndude dlapu ... be'-" t11~(01~o1• ~ora)lnd fie ~ egency, .... u.s Dlplnnenl of....,, 01 .... ~OI ..... fWP"WI'*'" 10. Certlftc8clon of •lie lblllly. • By enllrtng inlo tilt COt*ad. rr.e conlriC:Ior 01t11t• l!'oet '*""It (nor he 01 w } nor ~ ,..on or 11m 'llotiO 11M ., ......,.In t11 ~11m 11 • ~011nn lnelgliiN 10 be NWded GoYwnmenl CO"IInlcla by wu of Mdion 3(1) of lhe o.Ma.a.can N:t or 29 CFR 5 12(eX1) b No 1*1 ol .. CUIIr'«:: thai be IUbcoo nc:led 10 ~ petl(ll'l or ltm loellglble lor .....a of a Gcw.-nment CXII'4111C1 by Wll• of Mdion l(e)ol .... OIMa.a.conAdor29CFR 512(eXI) c: The l)tnllly few ,.g,g 111M .. ...,.... 15 preecnbed on..,. u.s. 01n*W Code. 18 u.s c 1001. 7 V. CONTRACT WORK HOURS AND SAFETY ST AHDNtOI N:T n. lclllololng c:laJ!IIIS llllPIY 10 Wly FedM111-411d con~Ncfon cont'.ctln., -.n In t lletll of $100.000.,., ·~ 10 lhe cwertm. ~ otlhe ~ w~ Hours anc1 Sillily S18ndlrda Aa. TheM~ IIIII be..,.__, In ldchon 10 til._.~ by 29 CFR 5.5(e) or 29 CFR 4 8 AI '--ld In .. J*'IVIIPI\. "'ltm\1 ~ .,., rnedWIIca lrw*ldl Wllldmtn Wid o-oa. 1. Olteftlme requ"-MM. No conlnldor or ...t1oa1 '' lldDi cont'lldlng few any p.n oll!'oe conr.:t warlc IOHch m•y l'lqUre 011rw0111t lhe ~ ofllbcnre or~ INJ l'l4kt or Pti'MII ~ auch llllborlroriMCNnlc: r. env warlcWMit In ""*" he or-Is ernpoy.d on tum war1c 10 WGtcln -.of lorly holn In luch WOit<WMk II4IM auch 18bcnror medw*: rec.twa COlo~ IC • 1'111 nae less "'" .,... Wid one-ftllf '"'" .... t.lc: ,.. of prJ lor .. holn WGtcld In tJICISS ollorly holn ~ IUch _._ ... 2. Vlolllllon; lillblllty fof unpaid wegn; IIQulcltllld dlfNIIIH In h ...,.,... of •ny \llolllton o1 h ca.. Ml forth In .,.,..., (1.) of INs Mdlon. h oonnc:10r Wid eny ~ ~--htelar lhellbe ... for .... ~ weges. In ecaHon. auch ~ lnd •~•otcb lhll be littoM 10 1ha Ul'l1ld S1111M [n til,_, oiWGtc doN l.ndlr --.rec:t for..,. Olllllld of~ or ettrl'ltory, t! IUch Oitlricl or 10 SUC11Iwrilory), for liQulclalld dim~VM Such lq.lidllld dlmtget tNII be computed wlf'o rltpld 10 Nc:to lndMcl* ~eorer or ~'~~«Nne. inttlodng WilldYnen Wid ~ III'IIIIOyed In lllollllon of tie d8UM ... b1to In ~(1.)ofiNs~ntle-.mof SIOiorNCto ceMnda-11111 on Wlldl auc:h hcNclMI -riQUI'I(I 01' permo1ttd 10 wortlln eJIDIA of lhe sllnderd ----of lorly tootn ~ pll)'m .. "' .... -*"'wage& I'ICIIirld by lhe d-Mllor1h In I*'IQrlllh ( 1.) oi!Ns tdon. J. Wkhllolcllnt for unpaid wegn end llqui!Mtld d..,....n. The FIIWA or l!'oe C<JrUdlrG 11QtnCY lhiii14)01111S 00001 8CIIon or~ wftllln,.qu.-1 of., dlortZid ~of..,. ~ of._.,wlllhald 01-IDbe ~ frCm WIY IIICnl)'l pey8bll on ICCCUit of YIDik III"'IOrMd by h ~ 01' IUbcotAW:,Iall.l'ldtt ~ IUCII all'llriiCI or~ ouwr Fldlral eot*8ci\OIIIn fie ume prime~-or~ oiiW tedlrlfly ..... d --.rw:t aubj.ctiO the Cont.-.c:t w~ 1~ Wid s•ty Sbndlrds Act. ""*" Ia toeld by"' wn• prime COCW*Idar, tum Nnl .. trWf be dll-**' 10 be IIICMUr)' t! allhty ~ llllbli'-of IUCII aritador or IUtiC04. _, tor urc*d "II" end kiU'ORied c:lll'n8gll .. ~In .... ciMoM.., fo<f'o In~ (2.) of tilt lllldlon •. Sl.lbcomrw:IL The conl"8c:l0r OIIWC:Onii1ICIOtltllllnhrt In~ Nlc:OI'Crlds..,. dMMM alllarf'o In~ (1.) ~ (4 ) of !tis MC~ end lllo I dlluse ~ lhe IUbDornciDriiO lnducM ,_ d-.-In ~ lo'tooer t11r IUbc:oiW"ICia The-can4rw:tor ... be -1101--few CIOfi1I)IWiol by~~ Otloww .............. _ witl .... daiMitelfor1h lnp~(1.)~(4)ofhs aeQon Exhibit I • Page 7 of 12 VI. aueLaTTIIO Of' AADN.IHO THe COM'TitN:'T THe~.~ 10 .. FederiHid-Wdion CDI'hC* on 1111 Nlllionll ~ ~ 1 Thl ~lhlll*bm Villh lla own Dlge4ullai• corw.ct WOitr ~ 10 not._~ 30 1*'*11 (or • cr-ttr '*'*••If ~ .......... In .. CDI'IIreCI)d fie toCII ~ eonhet pric:e,exdudlilg eny~ -.ms ~ bylhe ~ IIOtf'GY· Specill!ylilnw rneybe l*ionned by~ end 1111 erncMil d ""Y IUdl ~--perbmed rney be dltcb:*f tam htiDIII or1glnll oannc1 price belote ~ tM erncMil ofwortt ~ 10 be perfQimed by b cornctor'tl own~ (23 CFR 835.118). a. Thl tem1 'JIII'bm wortt wltllla own orgellzdon',..,. 10 work .. ~ ar._Md by tw prime c:arGllc:V, end ~owned Ot rtr'Ctd by1111 prime conndiOt. wltl ar ~ apete4cn. Such -.n do. nollrdlde ~ ar equlpnWII d IIUI:Kui'W OtiOMr ier .._..._.,, agents ot 111 prime eorncu. ar eny o~~ereav-. Thl •nn rraylnduclt ~ torlhe coa. ot ~ .. aNd tml)loyeN tam In ~tl.ealircl trm mtelirlJII .......... F'tdttll tncl Stlil ~ ~ ~ ~ rney f1l'ttt be lrGidtd "'* 111m" the prime CXW*8Cb mtltla .. d N tollcMino ccnditcnl: (1 ) 1111 prime ClOiftCicr lnliralnl corn~-N tuptMtlon ofN ~ tc:llliltH d N ._tel ~ (2) 1111 lldlnt CXW*8Cb.......,. NIP(IIIIIIIe torN~ d .. work of N lteted tmpiOyMa: (3) 1111 pllme eorndCr"""" .. poMI' 10 8CCIIIPt Ot ..._.~~tam waicon1111 PfOtld: tnc1 (-4) .. prllnt COI'WKtar ...,.,., ~,...,..,..tor tie paymlnl ollftdt*"'*"td "**"""" ...... IIUIII'nlllion of ptyi'Dit.. ....,_..of CDII11)1811C41 end tl ottw , .. ,.. NgU81ai'y ~ b. "SpecW1y l1tml" 1N1 bt CX1t..w.1 10 bt limlled 10 WOitr fiMI'Iq!Am ~~zed knowledge._...., ar tqiApmerC nol ordnerly 8WIIeble il .. type d ~ orpll:tllllora ~end~ 10 lid 0t prcfiOie on tie corw.ct • t 'lllhalt IIIII In~ -to be lmlttd 10 Mnclr ~ollie OYinll eonllW:l 2. Thl oantrtc:t8I'IIOIMII upon whkh llw ~HI fOtfl In ~ (1) of Secllon Vlla COfniiiAtelincWM .. ca.t d malllill end manulacVtd Pf'O(liCta Yoto1ch .. 10 bt purdiMed 0t pnlduotd by Ill eot*tc:IOt undw lht eonlnld pnMtiona.. 3 Tht COtiWidDr INI Unlatl (t) t competent ~«~dent ar ~lOtiO II ~dbyllelnn, ha U UhoftlyiO dWtd ~of N--in tCCIIOtdllnc:e ldllle corw.ct ~--.end II In c:twrge of II Cliii1A'Idon Cl*'llonl (rtgtldne of lOtiO perbml "' work) end (b) M:ti otMr of lit _,~,_..,.,.~,_~ .... end •9-"•111 ~)-.. ~ollclrct.llllilli ... .. __., 10-"' pelfonMncl of"' CDI'IIIad. 4 No IIDI"DD' of the contrtcl.,.. bt ...._~or oltwWH dlllpaMd of..P .............. COfll«<l of"' oonndlng ollclr. ar tuflonztd NP-*M.. tnciiUdl _,."""" .;-t ..... not be ecnlruediO,......"' ~ ofeny~lorNf\Mnent ofN CiOfftcl Wfthn ~ ... bt..,.,., ody.,."' CDI•dl!l egeney ._ --.d IWI Md\ ~II I ~ In Mllt'lg end hill~ .. ptl1lntnt pftJ'IIIIIoow lnd ~of fit prime carnct. 6 Thl~ ... ~~of~(1)11 ""'eppbtllt 10 ~ CG'IhC:III: ,_.,., COI'ftCIInG ~rney ........... ownllllf~ ~ Thl• pro vlal on I a ~lot1Fedlnl4id oonAI.dlon~ tncl10 Ill~~- 1. In Ill.,..._,_ of 1N1 OOtftCI1 fie~ .... CQI1IPiy 11111\IIICIPICibil Fedt181, S...lnd loc:tl lawl go._.,q Aftly. lwllfl, tncl ~ (23 CFR 836} Thl CDI'Ihdor INIIII'O'Adt Ill ••~. ut-.y cWkta tnc1 ~ eqUprMnl tncl-.lftenyottw ...ted ac:tione •II *""''''"'or • N ~ oMcw mrt dtellmiM. lObe ~ -..aoy 10 pmllld 1ht ... end ....... of ..,..,... on fit job IIIII N Nllet; of fit pcMc: lnd 10 ll'*d prop111y In~ wltllht ""b•••a of"' WOdC -.41 by l'lt CiOfftcl 2. ft II a ardlon of INI CDI'e'lel, end .ntl bt medt a oandiiCin of ttdl ~ wHch"' c:onncziOr ..-n lnlo ....,... 10 .... carnct. l'ltllht c:orftc:b end lOY ..._. ........ nalpermileny~.ln~ d N ord'ild. 10--In ~ Ot undlr condlana wHch -~.'-doular~tolnlhar ........ ,. ttltly,. dtlllttllilltd undlr CIOniWclion atlilly lnd hulllllllndanlll (28 CFR 1t:ZS) ~by N Sta..wy of lAbar. In -• a 'IIIII S«iilon 1 Cf1 of lht Cclnlnlct WDite Holn tncl S*ly,.,.,.. Ad (40 u.s.c. 3704). 3. ~to 28 CfR 1828.3, ••• condlloll of'* c::aNnlct lhM N ataw11ry of l.lbar or IUIIaiiZIId ,. ......... 114nof, ..... '-~I of-*'/ to lin'f iil1lt of c:c:tr*'8CI l*b'••-10 lnlptcl or~"' mt11ar ot 0011..,._a """' "' --*"don ~ lnd httlti~Undirda tncl10 e.ry aul N dullal of 1ht s-.~ary undlr Stcllon 107 of .. COnnc:l WDite lioln lnd Safely Sltndlrda Ad (40 U.S.C.3704). VII. f'Al.Sa ITAttMIJITS COMCUIIMG HIGHWAY PROJeCTS T h I 1 p r o v I 1 I o n I 1 appllcale to II Fadarll-ald c:onm.ctlon CDI'hC* tncl10 .. "'""".~. In onW lo ..... high qulllty IIIII clriiM ~In ID1bmly wlti JA~~~~Ytd 11'-w IIIII t!ptdlelllone lnd • .. dtsJ'H of rtlilbilily onlllttmlnll end NIPIWII'Uionl made by.,.._,..~ ...,...._,lndworkarlon ~ lid~ J)l'lljtdl. it It _.., IWI II PtttCIIII eonoemt<S witt t. prqect pttbm "* Lnttcn • carwUy. '-'13HY. lnd hontllly • ~ ~ llllllc.llllo;t, IIIIOfion. ar ~ 'Mflnll4)td to l/lf'f tac:ll NlaMd ION prq.ct Is •..., of F'tdlrwllllw. To~ eny ~rtglrclnglhe~fll--lnd lllmltr .... foml RPNA-1022 ..... be~ on ttdl .......... ~~~836)111_,_ .,._ W...llll rNdly 10 .. ~ cmetmtd """ .. prqect: II U.S.C. 1020 ,._,. •lalowa: Exhibit I -Page 8 of 12 ~-.being en olllc;er. egent. or~ oftw Urited SwiM. or of eny Sl81e or Temtory. or ...no.-. .........., • ~ anocllllan. trm, or~ 1cnow1r9Y INka eny !111M~ f .... ---~ or f .. rtlll(ln •toU. ~. ,.._.,, 1\U81111'f, or a.t of !he l'llll-'al UNCI ar to be US«!. f1f ... ~ f1f ~of !he wot( IM'farmed f1f 10 be perbmecl ar IW cm:t llweol WI~~ !he ~ofpiwls, mepe. ~~. areoft ct constudlorl on eny ~Y or relllld project IUbminlcllor lll)llftMII1o !he s.a.c.y of T,.,_gfon: or Whoe-lcnowlngly INka '"Y 111M 1111temenl fiQe ~ WM rwpor1 01 t.iM ciNn....., re.pect to !he c:Nrx1er. qulllrty. quti'IM1y. 01 coct of.,.,., wrrt performed 0110 be performed. 01: mtten1111 bnll>ed or 10 be llrrQhed, In comec:ton ~ IW oon~INCdon of '"Y l'ighny or re~acs prajtc!IIPili'OYed by tw 5«ne1ry of T renii)Oita6on; or ~~rNIICe& '"YIIIIile ~or filM resnunt~C~on .. to lnltlriel tllcltn eny lllltlrniM. e»tt~c»te. f1l rwport ~~to pn:MIIiora ., .. l1dlrll..., Rotc~~ N:1 approwd Jl.iy 1. 11116. (311 Sla 355). .. lr'nln6tcl ands~~ Shell be hcllnilf Ills tie ar ~mpn~ not men flln 5 Y'N'I 01: boCh • IX. WLEMlNTATION OF C~ Nit N;T NID F£04!M.L WATER f'OLLUTIOH CONTROL ACT Thla ~ IIIPQik:eb14110 II Flldttal-tld conmJ<:ton conncea lnd to 11 """'d tubccnhca By albmlulon of tlial:ildlpropoul or !he uec:uton of .. ~or aUbconl'*ll. • ippi'Oilliale. ,_ bldctet. ~­ F ~ cona!Nc:tlon COI'III"Kior. or IIUbCa Ill 8Cb, • ...... UjA ....... be dMmed to-dpUMad .. fclkMr 1 n.t eny .,.._.who Ia or,.. be IAIIzed In IW l*fOimanca OIIK canlnlella not ~ tum rwc»Mng ., -u to.~ of Sedlon 508 01 .. o.nw.. N;t or s.dlon 308 OIIW Ctl*' Nl ACI. 2. n.t tw ~ egrwuto Include orc:at86to be lnCUC»d IN·~· 011*11G"IPh (1) 01,_ Sec:licn X In IMfY ~.lnd f\dler .-tD,.... such don .. lha~nga~maydt'ecs• ,,_of~ IUCfi~I-IS X. CERTIFICATION REOAAOINO DE8AIIMENT, SUSPENSION,I .. LIGI81UTY AND VOLUNTARY EXCLUSION Ths PfQWion • ~to II Fedenll-.;ct cawNc*on ~~conhds ~lcMw-.. IUbconl1ldl IIU<CNit orders ...... ~.~ c:crWadl ar eny ~~--.don~ FIPNA IIPIIftMII or lhlll Ia ~ to ccat $25,000 01 more -•• detned n 2 CfR ,_ 180 and 1200 e. By~ lnd IIUtlmil·~ 1tn propoAt. ... ~ ftrst Ur pett~c~~p.,l ll I)I'OIIIdir1g Ito. certlc8llon ltl CUI below b The Inability of a per~on tD Pf'O'I'kl• .,. cerfltallon .. , CUI below .... not naoeA¥11y rwulln ..... of~ In ttw ~ nrwacton. The~ .... ler~lhlll IUbmjt., ~of~ oi e1m01 PI'CMdt.,. oenbiiUr• •t N below The -'~~eaton or·~ wll be ClOnlldtrad in comadion 'flit\.,...,..._.. or~· Cll*"*'-on 'olll4!lllr to ..... "->!Iii~ Howl-. ,_.. of fie I)IC)SCJeCiYe .... .., PlliaPanlto M.n. OMdclllon f1f., uplwwton lflllllaq.atfy IUICh • penm ll"orn ~In ttw .....acn c.. The c:erftaltion in 1IU d-els • mettrill ,......, of tlct 1.111011 Wllch ~-placed~ ... contrac:dng egency date"'*'«! 10 .,...Into t-is l'1lnlllc:tion If it it llier detlnrined ... lha ~ parfidpltnllcncJIMr9Y rwndered ., ~ Cll1lflc:Miol, In addtton to other IWMIIM ....... to ... Fe-.1 Go~ ... ~ evencY may termln•lll• hrlaadcn tor C8U .. of OtfiiA d. The~ ...... ,~, &hal DI'O'o'kle """**'* -... nollce to .. mnu.c:q ~ to whom llla lll'bjA)Mils IU:lmlllacslf any ana .,. ~ 1rs1 1tr ~._,..,....its -"icahon-arroneout~.n.n ~011'\M baccme--. byruton 01~ aro..mlllnca. .. The """' ·~ nr-ton.. "dlbemcl: ·~· ~.·~·"Parson.. "PrinCCPPl. tnd ""*"-'Y exduded.. • • used In t-is d .... .,. Clllned n 2 CfR ,_ 180 and 1200 1'lra1l\tr ~ TIWIUCIIonl' ,.,.. to -rv CXI\I'tiWd ~between a CP'ItltM or~ d F.-. bid& lnd a!*'kiPint (auctl ..... ...,. f1f ~ contract). ,___ Tltr Co\leiWd T I'IINIIOiion5 • refara to llf'/ CXI\I'tiWd tr-.cllion IMW a F1m l\tr C-.cl T...adlon (t ueh • ti.C>c:or*1lcll). ·Ant Tier ~ ...... to .. pertdpenlllotiO "" ...... fWd lnlo • ~ renlldion""" • gra"~tM ar ~ 01 Fadtrat fundi (M:h •• tw ,nne or genanll COI*'aOIOI') "--lllr Partcipan!' refwa '"Y partQpant who 11M entered lnlo 1 ~ .--adiOn ...... a Fht lllr Partdpant 01 ~ 1..- Tltr PMdowa (IUICh .. ~ tnd IICIPitrl). f The~ .... .., pitlapMI ~by •tbnitlna fill~ ...... ltiOIAd .. propoead CO¥trad ,.....,..,. be .,..,_, m . 11 et1a1 nee~ ....,Into IIY'I'-'.., _..., nr-:tion .... ~who Ia dabao'rwd. IUIP'nelld. ClldlraellnlligiH. or 't1IOUUIIy exctue11<1 tram per1lc:ipllllolln .... ~ hrwecllon, II'Mit lll'l1orizad by lia dip1111m.,.. or agency entering Into l'ia lt8nUdon g. The prospeciva lrst ler pat1idpan~IU'IIar egr .. s by IUIIrniltng Ilia pmpoul twtll ~ Include "' dauae tied "Cer1itc.tton Regarding Oebarmel'tl. Suaptnllon, tnaliglbillly and Vrit.~Urt EdJJion~ nw ~ r....ac:~onc.· ~by,_~ or con"<lflng IIQIMCY, anwhg Into !Iii c:ovarad u..adlon ~ moctbton In II'-' lltr~ ~ tnd on II .aiOotatona for IDwW w _..., ~ .-adrlg ... S25 000 fnlhold_ h. A~ n a cc...rad nnudion may rtly~ a -'lallon Ola ~ perldpanlln aloww tltr ~ .-...ction ..... not ~. aapaneleel hellgjbla. f1f ~ ..:blaclll"orn .. ~ .-...ac~~on."""". "'-lhll tw c»tflc:eton II ~ A pariiCiparC II ,.._,....,..lore~ lhll b ~ .,. noi-Ptnded. Cllbamtd. or~~ to~in~ad _..,aectionl. To vwify the·~ of Ill pmdiJIIIa, aa well aa lit tligtbihty of anytoww w ~we pert~. each peltclparil may,.,.,_,, not reqUr-ad 10. check .. Ex.dudtd P.,._ Us! System wtb&ite !b!!pt·/!www IQ!t qgy/1 . ..tich II c:anplled by ... Genaral S.Nicu ~ Exhibit I -Page 9 of 12 I Nol'*'!l~ln h ~ lhll be~ to ~the...,_.,"'. system olrecotdllll ordlr to randlt In IJDIId,.., lie -oc.lon racpr.s by .. c:s.., The~ lndwiiQ•Mioi•ol .. pOIIWf .. ~ .. nat~ 10 ~ 11\111111Hdl la nomlllllly.-.-.cl by • Pl\ldlnl ~In h orcfirery I".IIIUM "'buw-~ j. Exclptlar lnnAdiaN ~ Wld8r J)lr1llji1IC)h (I) of .... lnmdona ••• ~In. CICJI¥erad ~ ~..,..,..Into, '-ltr-.d~on....,• Plf'IOIIIIitiO Ia ·~ dlblmd, ~. arY~JUQ~Vy exdudld from ~lon in .. Q'\uc1ion.ln addiiUt 10 ott. .......... ..,..lltlleto the Fedwll GoYwrm1n1. lie ~,..,. ar 8Q1r11:Y may tannlnltltlt'la .--acton lor_.. ar dlld 2. c."lllcatlon Rat-cine o.NnMnt, a....,.naton, l~t••IJIII!ty and VoluliWy E.xclualon -F1rlt T1er 1"~: a. The~ tntht l*1ldPft ce.rtlelto 11e best of Ill~ lnCI belltll, ll\llllllnd Ill ~K (I) IW not .....,.ey dlbarNd. -..pended. ~far ~~ineligible. Of VllkNirty eduded lrorn I*~ In CICJI¥erad lrlnUdlcr4 by any Fednl Clll*••*~~ Clf ~ {2) ...... nat ......... ~. pertod~Hi propolll.,.., ~ ol or lied a cMI~ Nndarel1 ~,_,tar CO'IIniAion of hud or 1 cmw-1 afleraeln ~""" ctJlawWIG. ~to oblllll. orpillf~ a Plilk (Fedlnl. SIMI or locel) hnucton ar cand l.ndtr a jlll.dc ...aon: \llolllon o1 f'edlrlf or SIMI 8I'IIINII ...-orQIIM'Isllonol ~tid. lllfvery. twt.y. lalllllcetan Clf dlaudlan 01 recotdi.INidng , .... .,.,._..,.,Of~ atcMn pn:Jpelty. (3) IW no1 P'IMflllr lncla.d tor Of olwWae ~,. cMiy ~by 1 ~ IIWiy (Fedlrll, SIMI Of leal)....,~ of erryot"' c«.-a ~In .-.gnph <•K2) o1 HI twtlcelon: and t•) HIMI nat"**' 1 ..._.,_.period pniCidhg Ns .,picllloulpropOUIIIId one Of_,. ptdc: "-acllonl (F ldlnll, Stllll or loclf) lelmlniUd for ca.• or dlfii&JL b. W._.the praJpK1lw ~ lai.Nblll to cartfy to any o1 "' at.ttemen~a In uu C*tlcalion. IUdl pro&piCII .. ~lahdllladl., ~tan to .... propoal. 2.1Mtn1c11ofw .. c.tlflcldloll. ~ T1llr l"lnklplnta: ~to Ill aJIIcal'nds, pl.fdwla ardln lnd ohr ._ Mr tr.nMction1 rwquring PftCif FHWA ~ Clf admMid to COli $25.000 or 11101'1 • 2 Cf'R Pn 180 lnd 1200) • 8y a9ling lnd IUbrlftolg ... propoul .... PfOIIPtCM ._. lat Is proWIIIg h C*llcelloi1UC OUI below b The -'lcdo•ln tw daae II • matlrillriip-•lca• "'r.ct upon .t1ldl ,...,_-Pac;ecl ""*' .. hr..::lon -entarwd..,., If h ..... dlmmlirled"""' ... o.pd .. ._. ... ~~,....,.,~ CliliiiAiur~ In lldltlon to ae. ~ avallllle to"' Fedwll GcMrrmiN, t>a ~.or IIOtnCY Wlh wHch 10 HI' awedlon ~ rr.., JUWU1 ewlatlla rwnadlls, lncbtno...,.._ etrd/Of ~ c. The .. ....,.. .. ..,_-~ .... prcr,oda ~Millin .... 10 .. pnon to 'Milch .... prqii)UIIa ~~~-my.,.,. ... ~ ~tier~ IMnw ...... cerlltceliol·-~by,_,"' d\lr9ed ----· d The"""' .CICJI¥erad ...-c~an.· ·~.- "euupendtd." '1nllglble." ~·"~*Son..~.· lnd ~ ~ •• UMdln .. dluN.-dtl6nad 1n 2 CFR Par1l tao and 1200. You,.., oan111c:t the pnon to ~ .. propoalla Nlrnhllld lor 1U1111nce ln obla~ • copyol.._~. •Ffttll•c-.dT~· ....,.. to eny CICJI¥erad .._don belwMn • gra-tH or ~"' ,.,.... Ulds and. patldpanl (IUCh."' crime Of 1111W11 --.ct). ,_.Tier Cowred Tr~ntdonl' ,. .... to eny -.c~ lrroaCiion 1nc11r, F'nt r ... eo-.c~ rr-.c:ion (euch. ~). 1'lm,., Pwtc:lptrC ....... to ... ~ 10110 "-.,..,_,....,. CO\I'Inld "-8Cion~ a.,..,.. or·~ o1 Fedttll Ulds (tl.dl • the priiM Clf 011*111 CXII'ftCIOf). .,_ l1et p ....... ,..... eny partdpanlllifiO Nlllr'IWICI IniO • CD\Wid......., wffl • Firat n... f>aotdp8nt orae. ~ n.r f>wlclpa. (tueh-IIUialr'ftdcn and ~). • The pcepd¥a ~let~..,.. by ~ -llflli)OUIIINI. lhCUd Ill pcpoaad CIMrad ~-.-.ad lniD, .... not~.,.,...., "'Y'-.., _.., .-....cton ...... pnon,., .. dlloiiM8cl. ll.llll*'dld. dldeNd lnlllglbla. or~ ....., .,., C*tdPIIon '"'* -.cl ~ _.... 8UIIoftZIId br "' cllpaWMI1l or ICJiftCY""" wNcf\ ,.. ..._.., orlghllld. t The .. 01111 d¥1 ~.., l*1ldPir'lt fllth8r ..... by ~ -~ lletll .. lndudl---llad ~ Rlgllnlng Otbarmerl. ~.lnllglbllly lnd Vd/AIUiy ~ TlerCcMrad Traradlan, • ~ mocllcelolo,ln al ._. l8r -.cl t--=ton1 a'ld In .. aollclt.tlonl tar .__ tlar __, tr-.clans I.-ding lie $25,000 lnlhcld • 8• A l*'dPII'IIIn 8 OO\IW1Id tlnUilllon rn"f rtly upon 8 Clitllallon "' • ...,.._..... ....,...,.., • ._. .... OO'tWid hniMJIOn ll8t Is not dlbln"'IS, ~ lnellgltlll, or ~·JI:U:Iecl tom .. -.d........., urMu. "'-lhll .. cerftcalon .. liTOIIIOUa .... f)alldpanlls Naponilble b --"11 lhllb prlnclpM -nat mapendad, dlben'ed.. or Olrlenro4H ~ 10 ~~~In -.c1 .....a1on1. To -ttt thl algltllfly of Ill ptldpalc. • Will 11 IM~olflllll~let~ pettclparM, HCh peltclpet1l may, lilA .. nat lllql.nd to. chick .. Exdudld ,.,... lilt SY*n Mbelta ('*Wftwww 1111• gqvil.lllhlch it ~byt>ao.n....l~~ h. ~ WUinad In h foregoing 1N1 be CIOII&Wid to I'ICJ.h • .,..,..,...,. "'. ~of~ In onlet to Nndlr In good,.., .... ~~ try .. dalM. The ~ rcllnbmlllon"' patdplr'lt .. not NqiArad 10 tiiCHd .... wNcf\ .. noarmlly pciiiiiMd by • ~petiOli In "' ordlwy I".IIIUM "'buollr.-..... I. EloDDipllor~ .ue..~Ddlndlr~• ol ,_ IIWidonl. -·~~~~· OCMnd~ ~ ....... Into • ._..,__, lrlr'olldon ...... pamJrl,., .. 8UIIIPit'decl ...... ~ Clf ~ ....., from perldp8ton In .. nnuctcn.ln adcllion to oe.. ,.,.._..,....,..to the Fedwll GoowliiMil h Exhibit I • Page 10 of 12 ~ 01 eglnCy WIMh -.Hctltlla --.don ariglrwled INIY~ ~ rwnedi-.. n:tucing _,.,_... r#OI ~ c.rtlflcMion "-f8rdlng 0.~ ..,.._.._, lneliglbllly 8nd Volun1M'y llu:tuslon-~Ttw l'lr1klpMta: 1 The~'-·-~cetftee.by ..,.., d !tit propoul,lhll,...,., II nurits ~is ~ydeblrnd, ~. prqlOMd lor~ <Md«ed ~ or~a:luc*ltun ~ng In 00\I'WDd lt'MMOtllnt by any Federal ~I OlllgenCY. 2. Where the~ 1-. •• ~ • W\lltAe to ~ to any of lla .,....,.,..'* In 1N1 C»>ftcafon. tudl PIOII>edi .. ~.,.. attech en ~to lila propoltll. XL CIERTlFICATlON R£0Nt.DIMO USE OF COMTMCT FUNDI fOft LO..YINO Tift IM'O¥IIIon llll)llllc:eble ID 11 Fedn-eid ocnswcton CIOI'e1ldl8nd ID II '*-d ~ ""*h __, $100,000 (48 CFR 20). 1. nw~~---.by~8nd IIAlrnDrG .,. bid 01 propaul, 1D 118 bMt of I'M 01 hlr ~ 8nd blllef. I* L No Fedtnl ~eel flnla t. .. ~ Pllid or,. be Pllid by or on bthll or 11e ~. 10 any penon tar ~ 01 ~to lnlutra enlllk.-or ~or any Fedtl'lll eo-noY. • ...,.,..,., or ecns.-. ., ollcw or ~or eongr... or~n ~ d • Mlmlllrd <:onv-ln OOI'Ir*:lon Mlh the~ olany Fedtnl oonhd. 118 ~or any F.,.,. gt8nl. IN"'*"' or ~ny Fedel'llllowl. the~ .,ID or any~ .-nenL 8nd IN -..on_ COI"11InUUIton, __., -~Ctnenl 01 modlllellllon or any Fadnl oonhd. 11fan1. 1oen. or ~~ t1. II any !\lid$ other lh8n F-..~ l.ndl '- been plid or will be plid 10 any perwm~lor lrAienclng or ~~~ 10 ..,._ ., ollicer or emp~oyw or any Fednl egency,. Member d~. 8ftolll*' 01~· of ~st. oren emPIIYM or a Memi* or Ca-c~rea•ln c:omedon \Mil til F edel'lll ocntac:1. grwe. lain. or coaperaliw ~--.,. ~ ahlll _,.... a'ld IIUbmll SllWWllrd Form-W.. "'O.o-.n Fcwm 10 ~ l.obboyng.. in ec:cordlnc;e will •• inltNdiona 2 n.. -"f~ •• • ~...-~...,.....-...en or rtct 14)01\ ~ ~ WM piA~Cad llfllh8n INa nnucion -IMde or ..-.d lniD. ~on d Hs oartilcltiar• is • ~· for ma6llnQ or enltl1ng lniD ha -Cion lmpo&ed by 31 USC 1352. AT'(~tonoi ... IO .. Ihe~ ~.,..be Ulled 10 • eM p..w~y or no~-....., S 10,000 a'ld no1 men ,_., S 100.000 b aedi tueh flikn 3 The poo.pec:~Ya p8Fidpn..., .... by SlbNIIng its bod 01 ~ 1h81118 ~stYli~ lhlllle ~ d HI ellflcdon be lnduded In II'-<.., ~ WIICh oceec~ stoo.ooo n t.c 11 tueh ~ lhll Clttfy n cllldoM ......,ctow 11 Exhibit I -Page 11 of 12 ATTACHMENT A -EMPLOYMENT ANO MATERIALS Pftl~RlNC& FOR N't"ALAQUAH DIVILOfiMENT HIGHWAY SYS1DI OR APPALACHIAN LOCAL ACCUS ftOADCO~ TNs prcl\lflton IIIPIJitcable to II ~ PfOtld* trlded lnllf 1M Appa!ICN., ~ Oewlcpment N:t c1 1965. 1. Ouriflg hll*10rmance cl t1is connct. the ccP~Ktor ll"ddr11ldng to do wolk 'WNdll&, orl'88lllllltlly may be. dona ., an.-. WOII<.Ihlll glw ,__to queihd perwone .no NOL'Mvreeide lnfllllbor-a delignMtd by lie DOL ~Ill connc:s work is~ oriN slinglon. arfll ~ CCUIM8 of the Stille wherU!h eor*1ld wolk II ~exCipt a. To 111.-nt .,_ QUIIilecll*liGna ~~In tie -.. not evailable, b. Far tie~,_. c1 Ill cannmar to empoy auptMt«y or tptdlly aperienold pnomtt-•-v to ..... .., ·~ eQCU6on cllhe ccntracl work c. For lle llblgdon al tie cannatar to aller em~nl to pr.....c or form«~ • t1e reNt of e lewl\.t collectYe bertlllr*1g CIOII1raCl proytded flit hi l'llllbtf c1 norneldltnt perwone ~ 1.n1er,.. a~~~g~IPh (1c) 1t1111 noc .-eel 20 .,.,_,, of tie tolllltunber cl tn'4li0)'118S wnployed by hi Clll'lhCtor M fie cantaa WOI1c, axaJPI 81 pn!'fidld In ~1'11111 (4) below. 2. Thl c:onncu ...... plae • Job onllr will tie SWot ~ .... StMoe lndc8tno <•> Ill dlealfica6ona cl the lllborerl, rnedlenk:a end olher emplo)oNa reqlftd 10 perform tleoonhetiOCllte, (b)hl~ ol~ ~In eect1 denlflcdon. (c:) h elite on v.Hctl 1M~ ea.,.._tud't em~ will be Nql.hd, and (d) any oNr perthent 1n10rm.-on I'8Citlftd by tie SIMI EmpiO)IMI'It s.Mc:a 10 OOII'IpiMe 111e job ordllt fonn Tlw Job Mlllr m.y be plactd will Ill StMI ~ Str.4ce In Wllfng or by -~ If~ ltw CIIU'U ollll COI'ftcl work, .. WOII'nllllan IIIA!mllltd by .. c:onhdol' In Ill crlglnll job ardllr Is~ modhd, ltw pJWtidpent &hill Jll1l'l'll)lly noffy the S1a .. ~ .... s.rw.. 3. Thl c:cnnctor shll giW u CDMICIIralon 10 Ill quaihd Job~ referrad 10..., by Ills.. Employment SeMc:e. Tlw ~ Ia not ,.qlired to W.n~ employment 10 env Job IIPilbrlb wno,tn IH DJ*ion, ere nat qt.lllllied to perform the d~ Ql wa.tc r8qiAI'Id. .. If,"""*'---~ .... tllaCII'Ig of. job order by tie ~wltl tie St.-~ S.W., t1e Stlte ~ s.rw:e ts uWIIe to refer env qulliled Job ..,plcanta 10._ -*-d~Dr, or I-t1an the nc.mblr re(IUUted. the S1ale ~ s-ic:e v.ll ~ • cettteale to tie c:onncb lndlcallng .... unavaJIIblity of ~. Such~ &hill be mecr. • pert cllhe ccrhdol'a ~ projeet records. Upon rec.lpt ollhll certtc:•. Ill oonnc:1ar trW1 tmPoy ~·who do not l'lalmlll)' ~ In llllllbct-10 .. poettana c:o..-.d by the c:erttc:.le. ,.,.,.,, ..... clllg Ill~ of~ (1c:) 8bolle. 1i Tlw ~ ol 23 CFR 633-207(1) ellow the conrlldtlg egency 10 pnMdl • can~ pret--for t1e un or m n ~ fllllltrielfllllllw to the....,.,~ region. 12 6, Thlc:cnnctor ... lndUcle ... prolllttone cl Sec:tona 1 ~4oi .. ~1Ain~~lforwortc liiHch Is, erne~ m.y be, dona • an.-.IOCllte. Exhibit I -Page 12 of 12 37. EXHIBIT J-FEDERAL REQUIREMENTS Federal laws and regulations that may be applicable to the Work include: Uniform Administrative Requirements for Agreements and Cooperative Agreements to State and Local Governments (Common Rule) The "Uniform Administrative Requirements for Agreements and Cooperative Agreements to State and Local Governments (Common Rule}, at 49 Code of Federal Regulations, Part 18. except to the extent that other applicable federal requirements (including the provisions of 23 CFR Parts 172 or 633 or 635) are more specific than provisions of Part 18 and therefore supersede such Part 18 provisions. The requirements of 49 CFR 18 include, without limitation: the Local Agency/Contractor shall follow applicable procurement procedures, as required by section 18.36(d); 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; the Local Agency/Contractor shall comply with section 18.37 concerning any sub-Agreements; to expedite any COOT approval, the Local Agency/Contractor's attorney, or other authorized representative, shall also submit a letter to COOT certifying Local Agency/Contractor compliance with section 18.30 change order procedures, and with 18.36(d) procurement procedures, and with 18.37 sub-Agreement procedures, as applicable; the Local Agency/Contractor shall incorporate the specific contract provisions described in 18.36(i) (which are also deemed incorporated herein) into any subcontract(s) for such services as terms and conditions of those subcontracts. Executive Order 11246 Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR Chapter 60) (All construction contracts awarded in excess of $10,000 by the Local Agencys and their contractors or the Local Agencys). Copeland "Anti-Kickback" Act The Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and sub-Agreements for construction or repair). Davis-Bacon Act The Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor regulations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by the Local Agencys and the Local Agencys when required by Federal Agreement program legislation. This act requires that all laborers and mechanics employed by contractors or sub-contractors to work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor). Contract Work Hours and Safety Standards Act Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S. C. 327- 330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by the Local Agency's in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers). Clear A ir Act Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and sub-Agreements of amounts in excess of $100,000). Energy Policy and Conservation Act Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163). OMB Circulars Exhibit J -Page 1 of 3 Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, whichever is applicable. Hatch Act The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally-assisted programs. Nondiscrimination 42 USC 6101 et sea. 42 USC 2000d, 29 USC 794, and implementing regulation. 45 C.F.R. Part 80 et. sea. These acts require that no person shall, on the grounds of race, color, national origin, age, or handicap, be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or part, by federal funds. ADA The Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102, 1211 1-1 2117, 12131-12134, 12141-12150, 12161-12165, 12181 -12189. 12201-12213 47 USC 225 and 47 usc 611 . Uniform Relocation Assistance and Real Property Acquisition Policies Act The Uniform Relocation Assistance and Real Property Acquisition Policies Act. as amended (Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the contractor is acquiring real property and displacing households or businesses in the performance of the Agreement). Drug-Free Workplace Act The Drug-Free Workplace Act (Public Law 100-690 Title V. subtitleD, 41 USC 701 et sea.). Age Discrimination Act of 1975 The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. sea. and its implementing regulation, 45 C.F.R. Part 91 ; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and implementing regulation 45 C.F.R. Part 84. 23 C.F.R. Part 172 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts". 23 C.F.R Part 633 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal-Aid Construction Contracts". 23 C.F.R. Part 635 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions". Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973 Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973. The requirements for which are shown in the Nondiscrimination Provisions. which are attached hereto and made a part hereof. Nondiscrimination Provisions: In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest, agree as follows: I. Compliance with Regulations The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21 , hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this Agreement. II. Nondiscrimination Exhibit J -Page 2 of 3 The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or national origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21 .5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix C of the Regulations. 111. Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or physical handicap or national origin. iv. Information and Reports The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHWA as appropriate and shall set forth what efforts have been made to obtain the information. v. Sanctions for Noncompliance In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the State shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. Cancellation, termination or suspension of the contract, in whole or in part. Incorporation of Provisions §22 The Contractor will include the provisions of paragraphs A through F in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided. however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interest of the State and in addition, the Contractor may request the FHWA to enter into such litigation to protect the interests of the United States. Exhibit J -Page 3 of 3 38. EXHIBIT K-SUPPLEMENTAL FEDERAL PROVISIONS State of Colorado Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders Subject to The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As Amended Revised as of 3-20-13 The contract, grant. or purchase order to which these Supplemental Provisions are attached has been funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Supplemental Provisions, the Special Provisions, the contract or any attachments or exhibits incorporated into and made a part of the contract, the provisions of these Supplemental Provisions shall control. 1. Definitions. For the purposes of these Supplemental Provisions. the following terms shall have the meanings ascribed to them below. 1.1. "Award" means an award of Federal financial assistance that a non-Federal Entity receives or administers in the form of: 1.1.1.Grants; 1.1.2.Contracts; 1.1.3. Cooperative agreements, which do not include cooperative research and development agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C. 3710); 1.1.4. Loans; 1.1.5. Loan Guarantees; 1.1.6.Subsidies; 1.1.7.1nsurance; 1.1 .8.Food commodities; 1.1.9.Direct appropriations; 1.1.1 0. Assessed and voluntary contributions; and 1.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by non-Federal Entities. Award does not include: 1.1.12. Technical assistance, which provides services in lieu of money; 1.1.13. A transfer of title to Federally-owned property provided in lieu of money; even if the award is called a grant; 1.1.14. Any award classified for security purposes; or 1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of the American Recovery and Reinvestment Act {ARRA) of 2009 {Public Law 111-5). 1.2. "Contract" means the contract to which these Supplemental Provisions are attached and includes all Award types in §1 .1.1 through 1.1.11 above. 1.3. "Contractor'' means the party or parties to a Contract funded, in whole or in part, with Federal financial assistance, other than the Prime Recipient, and includes grantees, subgrantees. Subrecipients, and borrowers. For purposes of Transparency Act report.ing, Contractor does not include Vendors. 1.4. "Data Universal Numbering System (DUNS) Number" means the nine-digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet's website may be found at: http://fedgov.dnb.com/webform. 1.5. "Entity" means all of the following as defined at 2 CFR part 25, subpart C; 1.5.1. A governmental organization, which is a State, local government, or Indian Tribe; 1.5.2.A foreign public entity; Exhibit K-Page 1 of 4 1.5.3.A domestic or foreign non-profit organization; 1.5.4.A domestic or foreign for-profit organization; and 1.5.5. A Federal agency. but only a Subrecipient under an Award or Subaward to a non-Federal entity. 1.6. "Executive" means an officer, managing partner or any other employee in a management position. 1.7. "Federal Award Identification Number (FAIN)" means an Award number assigned by a Federal agency to a Prime Recipient. 1.8. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109- 282), as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to as the "Transparency Act." 1.9. "Prime Recipient" means a Colorado State agency or institution of higher education that receives an Award. 1.10. "Subaward" means a legal instrument pursuant to which a Prime Recipient of Award funds awards all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient's support in the performance of all or any portion of the substantive project or program for which the Award was granted. 1.11 . "Subrecipient" means a non-Federal Entity (or a Federal agency under an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term "Subrecipient• includes and may be referred to as Subgrantee. 1.12. "Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9-digit Data Universal Numbering System (DUNS) number that appears in the subrecipient's System for Award Management (SAM) profile, if applicable. 1.13. "Supplemental Provisions" means these Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006. As Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher education. 1.14. "System for Award Management (SAM)" means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http://www.sam.gov. 1.1 5. "Total Compensation" means the cash and noncash dollar value earned by an Executive during the Prime Recipient's or Subrecipient's preceding fiscal year and includes the following: 1.15.1. Salary and bonus; 1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments: 1.15.3. Earnings for services under non-equity incentive plans, not including group life. health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 1.15.4. Change in present value of defined benefrt and actuarial pension plans; 1.15.5. Above-market earnings on deferred compensation which is not tax-qualified; 1.15.6. Other compensation. if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Executive exceeds $10,000. 1.16. "Transparency Act• means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 1 09-282), as amended by §6202 of Public Law 110-252. The Transparency Act also is referred to as FFATA. Exhibit K -Page 2 of 4 1.17 "Vendor" means a dealer, distributor, merchant or other seller providing property or services required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a Vendor. 2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to such provisions or regulations shall automatically become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. The State of Colorado may provide written notifiCation to Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3. System for Award Management (SAM) and Data Universal Numbering System (DUNS) Requirements. 3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the final financial report required under the Award or receives final payment, whichever is later. Contractor shall review and update SAM information at least annually after the initial registration, and more frequently if required by changes in its information. 3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update Contractor's information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently if required by changes in Contractor's information. 4. Total Compensation. Contractor shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if: 4.1. The total Federal funding authorized to date under the Award is $25,000 or more; and 4.2. In the preceding fiscal year, Contractor received: 4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or§ 6104 of the Internal Revenue Code of 1986. 5. Reporting. Contractor shall report data elements to SAM and to the Prime Recipient as required in §7 below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall be made to Contractor for providing any reports required under these Supplemental Provisions and the cost of producing such reports shall be included in the Contract price. The reporting requirements in §7 below are based on guidance from the US OffiCe of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract and shall become part of Contractor's obligations under this Contract, as provided in §2 above. The Colorado Office of the State Controller will provide summaries of revised OMB reporting requirements at http://www.colorado.gov/dpa/dfp/sco/FFAT A.htm. 6. Effective Date and Dollar Threshold for Reporting. The effective date of these Supplemental Provisions apply to new Awards as of October 1, 2010. Reporting requirements in §7 below apply to new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award modifications result in a total Award of $25,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de-obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to the reporting requirements. Exhibit K-Page 3 of 4 7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth below. 7.1 ToSAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each Federal Award Identification Number no later than the end of the month following the month in which the Subaward was made: 7.1.1 Subrecipient DUNS Number; 7.1.2 Subrecipient DUNS Number+ 4 if more than one electronic funds transfer (EFT) account: 7.1.3 Subrecipient Parent DUNS Number; 7.1.4 Subrecipient's address, including: Street Address, City, State, Country, Zip+ 4, and Congressional District; 7 .1.5 Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above are met; and 7.1 .6 Subrecipient's Total Compensation of top 5 most highly compensated Executives if criteria in §4 above met. 7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the Contract, the following data elements: 7.2.1 Subrecipient's DUNS Number as registered in SAM. 7.2.2 Primary Place of Performance Information. including: Street Address. City. State. Country, Zip code+ 4, and Congressional District. 8. Exemptions. 8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profrt organization he or she may own or operate in his or her name. 8.2 A Contractor with gross Income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 8.3 Effective October 1. 2010, ·Award" currently means a grant. cooperative agreement, or other arrangement as defined in Section 1.1 of these Special Provisions. On future dates "Award" may include other items to be specified by OMB in policy memoranda available at the OMB Web site; Award also will include other types of Awards subject to the Transparency Act. 8.4 There are no Transparency Act reporting requirements for Vendors. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Contract. at law or in equity. Exhibit K ·Page 4 of 4 k '" ·" _ ,. City of • ?WlieatR.i_dge ITEM NO:~ DATE: October 12, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO ROCKY MOUNTAIN RECREATION, INC. IN THE AMOUNT OF $50,235.45 FOR THE DEMOLITION, SITE WORK AND INSTALLATION OF NEW PLAYGROUND EQUIPMENT IN STITES PARK 0 PUBLIC HEARING rgj BIDS/MOTIONS 0 RESOLUTIONS QUAST-JUDICIAL: ISSUE: 0 ORDINANCES FOR 1ST READING 0 ORD INANCES FOR 2ND READING 0 YES f8l NO ~ The playground equipment located on the west side of Stites Park, 29th Avenue and Newland Street, is in need of replacement. The playground, installed in 1999, wi ll be updated to reflect current trends in play structures and to meet the 2010 ADA Standards fo r Accessible Design. New engineered wood fiber and poured-in-place safety surfacing will also be installed. The selected playground equipment from Landscape Structures Inc. is available through The Cooperative Purchasing Network (TCPN), a national cooperative procuring service for government entities. As a member ofTCPN~ the City of Wheat Ridge is eligible for a 6% discount on Landscape Structures playground equipment. Rocky Mountain Recreation, Inc. (RMR) is the only Colorado manufacturer's representative for Landscape Structures equipment. Landscape Structures Inc. is also one of the current playground equipment manufacturers in place in the park system, as described in Attachment 4. PRJOR ACTION: Funds for the project were approved in the 2015 adopted budget in the Conservation Trust Fund. Council Action Fonn -Stites Playground October 12th. 2015 Page2 FINANCIAL IMPACT: The budgeted amount for the playground project is $85,000. In cluded in this amount is the purchase of the play&rround equipment, demolition of the existing equipment, installation of the new equipment, engineered wood fiber playground safety surfacing and poured-in-place rubber playground surfaci ng. The demolition. installation. engineered wood fiber and poured-in-place surfacing is to be purchased from RMR in the amount of$50,235.45. The playground equipment must be purchased directly from the manufacturer, Landscape Structures lnc., per the tem1s of the TCPN agreement. The total project cost is not included in the motion as the purchase payment is not all to the same vendor. The cost of playground equipment. $34,560.53. is below the dollar amount requiring City Council approval. Total project cost is $84,795.98. BACKGROUND: Following the guidelines of the Consumer Product Safety Commission (CPSC), the existing playground equipment has been inspected on a regular basis by the Ci ty's nationall y certified playground inspector. Staff recommends replacement due to the high level ofuse, age of the equipment and current frequency and cost of the maintenance required. RMR hires subcontractors who will provide the required site work to demolish and haul away the old play&rround equipment and concrete foundations, remove and replace fall surfacing, and install the new equipment and concrete components, such as sidewalks, ramps and playground edger. As a part of the project. subcontractors will install poured-in-place rubber playground fall surface and will provide tor overall work si te safety by installing and maintaining a construction fence around the wo rk area. Contractin g with RMR and their subcontractors benefits the City as RMR will coordinate, schedule, and over ee the entire site work process as well as aid City staff in project oversight. Through previous work hi story, RMR has shown onsite quality control. RECOMMENDATIONS: Staff recommends replacement ofthis playground eq uipment in Stites Park. RECOMMENDED MOTION: "I move to approve payment to Rocky Mountain Recreation Inc. in the amount of$50.245.35 for the demolition, site work and installation of new playground equipment in Stites Park." Or, Council Action Form-Stites Playground October 12th, 2015 Page 3 "I move to deny payment to Rocky Mountain Recreation, Inc. in the amount of$50,235.45 for the demolition, site work and installation of new playground equipment in Stites Park for the following reason(s) " REPORT PREP ARED/REVlEWED BY: Mark Ruote, Park Project Coordinator Rick Murray, Parks, Forestry and Open Space Supervisor Joyce Manwaring, Director of Parks and Recreation Jennifer Nellis, Purchasing and Contracting Agent Patrick Goff, City Manager ATTACHMENTS: 1. Rocky Mountain Recreation Proposals (2) 2. Landscape Structures, lnc. Proposal 3. Stites Park Rendering (2) 4. Justification Memos (3) RECREATION~ All PURCHASE ORDERS, CONTRACTS, AND CHECKS TO BE MADE OUT TO: ROCKY MOUNTAIN RECREATION INC. P.O. BOX 620411 LITILETON, CO 80162 303· 783-1452 800-636-0199 Fax: 303·783-1454 CONTACT: Mark Ruote ~~~~~~~~~--~~~-----PHONE: 303-205-7553 (Office); 720-244-3306 (CeiJ) Wheat Ridge, Colorado F.O.B. FAX: ~3~03~4~6~7~-5~~~~--~~--------------- EMAIL: Mruote@ci.wheatridge.co.us FREIGHT Net30 SHIP TO: Stites Park TERMS 6601 W. 29th Ave. Wheat Ridge, CO 802 14 4-6 Weeks A.R.O. SHIPPING TIME BILL TO: City of Wheat Ridge PROPOSAL September 17, 20 15 DATE 0 Prepaid 0 Coiled 9110 W. 44th Ave. October 17,2015 ~~~~~~~~----------------------Wheat Ridge, CO 80033-3005 PROPOSAL GOOD UNTIL We are pleased to submit this proposal to supply the following Items: QTY ITEM NO. DESCRIPTION UNITWT UNIT PRICE WEIGHT EXTENDED AMT J1lh J1lh J1lh landscape landscape landscape structurer structurer structurer 1200 PIP Poured-In-Place Rubber Playground $20.00 -$ 24,000.00 Sq. Ft. Surfacing Including Concrete Sub- Base At Appropriate Fall Height Depths. 1 00% Color, No Design. Comm~nts: Please include a copy of your tax-exempt certificate to avoid opplicoblt> charges. nrank you! SUBTOTAL MATERIALS $24 000.00 ACCEPTED BY CUSTOMER DATE INSTALLATION INCLUDED PRINT NAME FREIGHT SEPARATE PR (]Jrenna Cfiristi£ 9/11/15 PROPOSED BY RMR REPRESENTATIVE DATE SALES TAX Exempt Brenna Christie PRINT NAME TOTAL $24,000.00 Attachment 1 ALL PURCHASE ORDERS, CONTRACTS, AND CHECKS TO BE MADE OUT TO: ROCKY MOUNTAIN RECREATION INC. RECREATION~ P .0 . BOX 620411 LITTLETON, CO 80162 303-783-1452 80()..636-0199 Fax:303-783-1454 CONTACT: PHONE: FAX: EMAIL: SHIP TO: BILL TO: Mark Ruote 303-205-7553 (Office); 720-244-3306 (Cell) 303-467-5901 Mruote@ci.wheatridge.co.us Stites Park 6601 W. 29th Ave. Wheat Ridge, CO 80214 City of Wheat Ridge Wheat Ridge. Colorado F.O.B. FREIGHT Net30 TEAMS 4-6 Weeks A.R.O. SHIPPING TIME PROPOSAL September 17, 20 15 DATE 0 Prepaid 0 Collect 9 110 W. 44th Ave. October 17, 2015 ~~~~~~~~----------------------Wheat Ridge, CO 80033-3005 PROPOSAL GOOD UNTIL We are pleased to submit this proposal to supply the following Items: QTY ITEM NO. DESCRIPTION UNITWT UNIT PRICE WEIGHT EXTENDED AMT Jlrh Jlrh Jlrh landscape landscape landscape structurer structurar structuru- 1 FENCE Fencing to Secure Site During $1 ,300.00 -$ 1,300.00 Install 1 DEMO-EQUIP Demolition and Disposal of Existing $2,500.00 -$ 2,500.00 Playground Equipment 1 DEMO-BLOCK Demolition and Disposal of Existing $600.00 -$ 600.00 Concrete Blocks (7) 125 CURB Concrete Curbing For South and West $32.00 -$ 4,000.00 Lineal Feet Sides of Play Pit 1 DEMO-PG Removal and Disposal of Existing $4,800.00 -$ 4,800.00 Pea Gravel 3257 EWF Engineered Wood Fiber Playground $1.85 -$ 6,025.45 Sq. Ft. Safety Surfacing 1 INSTALL Installation of Playground Equipment $7,010.00 -$ 7,010.00 Per LSI Drawing 85573-1-4 Comments: Please incl11de a copy of yo11r tax-e.umpt certijicnte to avoid applicable charges. Thank you! SUBTOTAL MATERIALS SEPARATE PR ACCEPTED BY CUSTOMER DATE INSTALLATION SEE ABOVE PAINT NAME FREIGHT SEPARATE PR c.Brentul Cfzristie 9/17/15 PROPOSED BYAMA REPRESENTATIVE DATE SALES TAX Exempt Brenna Christie PAINT NAME TOTAL $26,235.45 J1lh landscape structures ... AU. PURCHASE ORDERS, COH1liACTS, AND CHECKS TO BE MADE OUT TO: LANDSCAPE STRUCTURES, INC. 601 7TH STREET SOUTH DELANO, MN 55328 U.S.A. 763-972-3391 80().328-0035 Fax: 763-972oo3185 PROPOSAL TCPN• Cu11tomer lnformetlon CONTACT: Mark Ruote ~~~~~~~~~~~~~=----PHONE 303-205-7553 (Office); 720-244-3306 (Cell) F~: ~3~03~~~7~-5~00~1--~----------------- EMAIL: Mruote@ci. WheatRidQe.Co. Us SHIP TO: Stites Park 6601 W. 29th Ave. Wheat Ridge. CO 80214 BILL TO: City of Wheat Ridge 911 0 W. 44th Ave. Wheat Ridge, CO 80033-3005 TCPN Contract #R5202 DATE 9/21 /15 Wheat Ridge, Colorado F.O.B. FREIGHT 0 Prepaid 0 Collect Net30 days upon credit approv., deposit may be required TERMS (Subject To Credit Approval By LSI) 4-6 Weeks A.R..O. SHIPPING TIME Pricing Good for 60 days from Date of Proposal We are pleased to submit this proposal to supply the following Items: QTY ITEM NO. DESCRIPTION UNITWl UNIT PRICE WEIGHT EXTENDED AMT Stites Park. Drawing 85573-1-4: 1 85573-1-4 PlayBooster for Ages 5-12 2472 26,207.00 2,472 $ 26,207.00 1 3408 2-Bay 5" Arch Swing With 2 Belt Seats, 372 4,685.00 372 $ 4,685.00 2 Full Bucket Seats, and ProGuard Chains 3 155077A Stand-Up Spinner 60 1,385.00 180 $ 4,155.00 1 182503C Welcome Sign For Ages 5-12 24 -24 $ - Standard Terms and Conditions for Installation Apply SIGNATURE BELOW ACCEPTING miS PROPOSAL WIU CONSTlTUfB A PURCI£i.SE Tog/ Weight 3,048 ORDER ONLY UPON APPROVAL BY LANDSCAPE STRUCTUitBS, INC. CUSTOMBR RECEIPT OF AN ORDBR ACKNOWLEDGBMBNT CONSTITUTBS SUCH APPROVAL SUBTOTAL MATERIAL $ 35,047.00 TCPN DISCOUNT $ (2, 102.82) INSTALLATION Not Included ACCEPTED BY CUSTOMER DATE FREIGHT $ 1,616.35 PRINT NAME <Brenna Cliristie 9/21/2015 SALES TAX Exempt PROPOSED BY LSI REPRESENTATIVE DATE Brenna Cluistie TOTAL $ 34,560.53 PRINT NAME Taxable: Freight No Installation No -----~- Attachment 2 Better playgrounds. Better world.® playlsi.com 0 Attachment 3 Proudly presented by: EDt !!!!'J • ((ffl ~ \ A~ .... ... ~ , City of • --~Wheat&_dge ~ARKS AND RECREATION Memorandum TO: Jennifer Nellis, Purchasing Agent FROM: Mark Ruote., Parks Project Coordinator DATE: 9/18/15 SUBJECT: Stites Park Playground Replacement The existing Stites Park playground has reached it useful lifespan and has been identified to be in need of immediate replacement by the Parks Division playground maintenance standards. The City of Wheat Ridge Parks Division would like to recommend Rocky Mountain Recreation and Landscape Structures Inc. as the provider of the new 2015 playground for Stites Park. Landscape Structures Inc. is one of the current brands in place in the park system. By the addition of another Landscape Structures playground , staff will be able to work from existing parts inventory and familiarity with ordering/delivery systems to conduct maintenance operations. Landscape Structures is a quality playground equipment brand that complies with CPSC playground recommendations and current ADA requirements. Landscape Structures Inc. playground equipment has proven to be durable, easily serviced and popular with playground users. Rocky Mountain Recreation is a full service design/build vendor all owing their staff and Contractors to conduct all phases of playground design/installation. Parks staff in volvement will be limited to project coordination/construction oversight. Many playground vendors do not offer fu ll design/build services. This situation may require part of a playground constructi on project to be partiall y co mpleted by City staff wh ich can interfere wi th planned day to day operations. Rocky Mountain Recreation also uses the national bid cooperative to purchase playground Equipment. The City is a member of the TCPN cooperative. This will assure the City is receiving negotiated pricing for the playground equipment it has purchased through Rocky Mountain Recreation. Attachment 4 Memorandum TO: Jennifer Nellis, Purchasing Agent FROM: Mark Ruote, Parks Project Coordinator DATE: 9/18/15 SUBJECT: Stites Park Playground Replacement Site work The City of Wheat Ridge Parks Division recommends that Rocky Mountain Recreation and tJ1eir site work sub-contractors be used to do all the required site work for the Srites Park playground replacement project. See below. During any playground replacement project a varying amount of site work will have to be done to complete the project. Site work could include- • Demolition/ haul away of the old playground, concrete foundations, playground edger and adjacent concrete sidewalks and ramps. • Removal of existing wood or pea gravel fall surfacing. • Site safety including site construction fence erection and maintenance. • Install of new playground equipment and concrete foundations. • Install of concrete ramps, sidewalks and playground edger. • General site restoration • Install ofEngineered Wood fiber fall surfacing. By using RMR and their sub-contractors for this project the City will benefit by tl1e following: • RMR coordinates, schedules and oversee the entire site work process • Minimizes City staff time to project oversight. • RMR through previous work history and on site quality control with assures that the site work will be high quality and as proposed. 1 Warranty • Concrete Work: Will be subcontracted by Slater Concrete, Inc. This company has more than I 0 years of experience in the concrete industry. and has been working with Rocky Mountain Recreation, Inc. for the past 5-6 years therefore we can attest to their skiils and abilities to perfonn the proposed work. • Playground Equipment Installation: Redwoods Precision Landscaping, inc. wiU be performing the installation of the playground equipment and has more than II years of experience installing commercial playgrounds. We have worked with them for 3-4 years and look forward to many more years of working together given their exceptional quality of work and attention to detail. • Engineered Wood Fiber: This will be subcontracted by Ground Solutions, Inc .. who will also be performing the removal of the existing pea &rravel. They have been in business for more than 10 years and have worked with Rocky Mountain Recreation for 3 years during which time we have completed many successful projects. • Warranty offered: A 5-year warranty is offered by Rocky Mountain Recreation, lnc. for the above services. This will be in addition to the Landscape Structures warranty for the materials (please see attached). 2 Memorandum TO: Jennifer Nellis, Purchasing Agent FROM: Mark Ruote, Parks Project Coordinator DATE: 9/18/15 SUBJECT: Stites Park Playground Replacement/ Poured i.n Place fall surfacing The City of Wheat Ridge Parks Division recommends that Rocky Mountain Recreation and their poured-in-place rubber fall surfacing sub-conn·actor will be used to install the Stites Park playground fall surfacing as part of the Stites Park playgrow1d 2015 replacement. Poured-in-place rubber fall surfacing, when installed in a playground, all ows increased ADA compatible access to the playground by users with disabilities. Poured in pl ace rubber fall surfacing installation contractors are specialized due to the PIP install process being very involved. Advantages to the City of Wheat Ridge using RMR and their sub-contractor to install the poured in place are; • RMR has previous work history with the sub-contractor assuring that the quality of work will be high and the finished product will be as proposed. • RMR coordinates the scheduling and install of the PIP by their sub-contractor. • RMR will oversee the PIP install process and conduct on site quality control inspections. • Minimizes City staff time to project oversight. Poured-In-Place Surfacing: • Will be sub-contracted by Quality Surfacing, lnc., who has 12 years of experience perfonning rubber playground safety surfacing. Rocky Mountain Recreation has also worked with Quality Surfacing for the past 5-6 years, therefore we are both familiar with and confident in their ability to provide accessible surfacing to the play area. Warranty offered: • A 5-year warranty is offered by Rocky Mountain Recreation, lnc. for the above services. This will be in addition to the Landscape Structures warranty for the materials (please see attached). \ ~ , ffT wli~~t ~e ITEM NO:~ DATE: October 12. 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO CONCRETE EXPRESS, INC., OF DENVER, COLORADO, IN THE AMOUNT OF $53,386 FOR THE PURPOSE OF CONSTRUCTING A PARKING AREA AT 43rd AND MOORE STREET TRAIL HEAD AS PART OF THE CLEAR CREEK TRAIL CONSTRUCTION PROJECT D PUBLIC HEARfNG ~ BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 15T READING D ORDfNANCES FOR 2ND READING D YES ~ NO ~ The original trail project contract was awarded to Concrete Express, Lnc. in July 2015. The scope included the reloca6on of the segment of the Clear Creek Trail that is currently located on 41 st Avenue, west of Kipling. The trail is being relocated to the open space property at approximately 42rd and Kipling, and will tie into the existing trail south of 43rd and Moore Street. Ap,.rroval of an additional scope of work is requested to construct a parallel parking area at the 43 and Moore Street trailhead. This scope of work includes construction of one parallel ADA parking space, five parallel parking spaces, one ADA concrete ramp, a new ADA accessible concrete sidewalk connection to the trail, new concrete curb/gutter, asphalt parking area, all parking area striping and relocation of the existing fencing PRIOR ACTION: A contract was awarded to Concrete Express in the amount of $388,659 in July 2015, funded from the Open Space budget. The Public Works Department compl eted design drawings and specifications for the additional scope of work. Pricing is based on these specifications and the bid schedule/unit pricing from the original contract award. Concrete Express lnc. was the low bidder on the project. Construction of Parking at Moore Trail Head October 12, 20 15 Page 2 FINANCIAL IMPACT: Fw1ds for the additional scope of work are available in the project budget. Also available are surplus matching grant funds for this work. The original contract award was $388,659, and the additional scope of work change order is $53,386, for a new contract total of$442,045. BACKGROUND: TI1e improvements associated with this project are intended to provide a more direct and simpler route for users of the Clear Creek Trail and to minimize exposure of trail users to vehicular traffic. The additional scope of work will provide a fonnal, hard-surface parking area at U1e 43rd and Moore Street greenbelt and trail entrance. This will provide not only an aesthetic improvement to the area, but a hard-surface parking area, access for majntenance and snow removal, and a safe, ADA compliant sidewalk that cormects to the trail. City Council approval is required for this change order as the amount is more than I 0% of the contract. RECOMMENDATIONS: Staff recommends approval of the change order. RECOMMENDED MOTION: ''I move to approve payment to Concrete Express Inc., of Denver, Colorado, in the amount of $53 ,386 for the purpose of constructing a parkjng area at the 43rd and Moore Street trail head as part ofthe Clear Creek Trail Construction project." Or, "I move to deny payment to Concrete Express, ofDenver, Colorado, in the amount of$53,386 for the purpose of constructing a parking area at the 43rd and Moore Street Trail Head as part of the Clear Creek Trail Construction project for U1e following reason(s) " REPORT PREP ARED!REVIEWED BY: Joyce Manwaring, Parks and Recreation Director Patrick Goff, City Manager ATTACHM ENTS: I. Change order pricing sheet 2. 43rd and Moore Street Trailhead improvement area photo I Project: Clear Creek Trail Improvements Date: 19/30/2015 Work requested Bv: Ma~hew Krueger, CEI Project Manager Description of work requested: Moore St. Parking lot. Description Quantity Unit Unit price Subtotal Moore St. Parking Lot See Second Sheet Sheet 2 Total $53,386.00 . Change Order Total $53,386.00 Previous Contract Amount $388,659.16 Preparedby ~~ New Contract Amount $442,045.16 Contract Days Added 10 New Contract Day Total 100 Attachment 1 , ....... Approval Title Date 2027 WEST COLFAX AVENUE I DENVER. COLORADO 80204 I T: 303.562.2000 I F: 303.893 1949 Project CIP# Item II lllem Ouanllly Unil 1 Unit Cost I Item Cost Construction ___ _j __ 201 Clearing & Grubbing 1-Clearing & Grubbing ----·---I 2~ocr LS 203 _ .Excavation & Embankment Earthwort • Rough Grade 31 0 SY ,_ I ~--~F-P~o~~,IUg~--~~~~---------------r--1~0---r-~H~R - -----------1 --208 Erosion Control 2~5-I --=-===-----'------- Sweeping ________ _ 15 HR w ''/lillltlo...., Sediment Removal & D:._is.;;.::po;..:...:_;sa:..;.l ____ _ Check Dams - 10 HR 2tX'~_ 0 Each --Storm Drain Inlet Protection Aggregate Bags ------------ t::c""'o:K,n;.;;cre~t'~e7W~a.;;;.;s~h;...ou'""t-=s,..,..tru-c'""t-ur-e---- Each 1 28'5 --25 -LF 1_2--1 Each 8'_50 :. ---210 Reaet Structures -LF 188 16 -~~-Reset Fence (Sphl Rail) _ -·-----!----+--+--..:...=.. r -~~3.,__~~ 310 306 Reconditioning _ ----~-=-:--=-----4 Reconcfrtionlng & Proofrolllng~------­sv -s--( ---'---'l ...... s;p"" -~ Hot Mix Asphalt --7 Ton -Hot Mix Asptiaii (G:ra-d""""ing____,~=:x~x:2,-:-:".~..)-~-=--=-----·-l---:-:---l---,:-'--+ Hot Mix ~_!lit (Grading ~_:L _ ·------+--_I -----13 Ton ---. SY ---Hot Mix Asphalt (Patching • 9") ~---· -- 412 Por11and Cement Concrete Pavement---- Concrete Pavement (6") 3o M SY 53-l ----r=~~---1--~-~---- --6,no-_ -6_08_ -J.;S.;.;;Id;.;;I..;.;W~al;_;k~l ,.::,&;..;B;;.;.I;.;,ke,_:w.,..:a:-!-ys,.:;-__ ------+--::-::::-::---f--:::-:-:-i ConcreteSidewa_lk_,(_6"...._) ____ --···------_25Q ~!.._t--53 -I 13.iSo-==. Curb & GuHer 609 --------+--==--+~~~~~~~-, Vertical Curb 27 LF J q ~ j 513 -~-::-::-::--if-=V~ertlca~=-I...;..C::::urb.,;,-&_G;...u...;.tt...;.er _____ -_-_-• --~~----+-1-_-_..,;c1_7::,8~~~-~~l_F~ -t-1---~ 5 · tJ, 450 =-: 620 Field Facllftlea =-J~.;.;....:...=...::~.;:..;;--------------ii---:--+=-~--,...---,.----=-:-· =--Sanitary FaciDty f_ Each ~ ---'''----'-1"""30.;::.. -_ 625 Construction Surv_e~yt...;.n;.::g:___ _____ ~-----+-~:---+~~t--.,....---:- Construction Surveying _ --------~-1 LS I 500 -f ~~-- 828 Moblllntlon __ r-..::..:.:=--F.~~;:..=.:._ ____________ _,_~.....,f--:-=--+-----T -----~Mo;.;..:.::.b.;.;.:nlz::..:a..,;.tion~--:-=----------_ _ _ _ -+--1 __ _,__L_s-+-_,3 SOd • 3 , .sco ~ _ ~27 Pavement Martclng Epoxy Pavement Marking (6") (While) SO LF 12-I "__.JRg_·::---3=0-+-,LF--r---.3.., ~ _ 0 , "'-:---_ Pavement Marking ~(_!3_::)(WHITEL___ ~ _ 1ov __ ~~eform_!d Pavement Marking !~andicap • 9 SF_L 1 Each 3cv-_......_---'300'""-"_-__ 1 630 Construction Zone Traffic Control Trame Control Management 720 Materials Sampllng&~Te.:...:a.:;,tl,...n_g ___ _ ____ 1_-t-L;:..:s -t--__ 1,@= -~---::l.~,....,a::>....,--:-~-.­ I ---------Construction Sub-total t---1-l..:::...Co.:..:ntLnJ!!.n~cle:;:.:s ___ -__ ·=-------_-_-_-~--l . _·_1-;;:0_:;;-:4t----r--_-_::..-=.-==~=====-· -== __ ......... !~-----------I Cona.!!_Uf'on_T_o_t_al _ _ ----------J -t'--t--_ .$"3,,8"6- Land Acquisition -·--------+----t---l ·-----! • ' Perm. anent E_ a_semenl --------· ·• -cf-----+--:SF ---,-'-------sF· -t----I ----___ Acquisition _ __ _ _ 1 _ Land Acqulalllon Sub-lolal 1 ~ ·--.------·-~ ~nuln••••• ·_------____ -_-___ ·_·-_-_T ___ O%r-~-~ _l ~ ----li-__ -,r-s ... -:--~' -_. Land Acquisition Total • -----· -· • _ l . ;._ ProJect Totil -----• -T I - s Page 1 of 1 Conere..~a.. \nS~c.l 0{1 AsphAI\