Loading...
HomeMy WebLinkAboutVirtual City Council Agenda Packet 10-12-20AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO October 12, 2020 7:00 p.m. This meeting will be conducted as a VIRTUAL MEETING. No members of the Council or City staff will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on October 12, 2020 ) 2. Virtually attend and participate in the meeting through a device or phone: • Click here to join and provide public comment • Or call +1-669-900-6833 with Access Code: 998 9586 0019 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view 4. Individuals who, due to technology limitations, are unable to participate in the meeting virtually (via the Zoom platform) or by calling in on the telephone may contact Danitza Sosa, Assistant to the Mayor and City Council, at 303-235-2977 by noon on the day of the meeting. Arrangements will be made for those individuals to access City Hall during the meeting to view the meeting and provide public comment if desired. These comments will be heard and seen in real time by members of Council and City staff. Individuals accessing City Hall must practice social distancing, wear a mask or other facial covering and be free of COVID-19 symptoms. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS PROCLAMATIONS AND CEREMONIES National Domestic Violence Awareness Month Proclamation for Commander Dave Pickett Retirement Proclamation for Detective Patrick McDaniel Retirement CITY COUNCIL AGENDA: October 12, 2020 Page -2- APPROVAL OF MINUTES Study Session Notes of September 21, 2020; City Council minutes of September 28, 2020; Special Study Session Notes of September 28, 2020; Study Session Notes of October 5, 2020 APPROVAL OF AGENDA CITIZENS’ RIGHT TO SPEAK a. Citizens may speak on any matter not on the Agenda for a maximum of 3 minutes under Citizens Right to Speak. Please speak up to be heard when directed by the Mayor. b. Citizens who wish to speak on a Public Hearing item or Decision, Resolution or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Citizens may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. CONSENT AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill No. 18-2020 - an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning sign and letter notice requirements for quasi-judicial public hearings 2. Resolution No. 49-2020 - a resolution approving a major subdivision plat on property zoned Residential-One (R-1) and located at the northwest corner of W. 32nd Avenue and Kipling Street ORDINANCES ON FIRST READING 3. Council Bill No. 19-2020 - an ordinance approving the rezoning of property located at the southeast corner of West I-70 Frontage Road North and Ward Road from Agricultural-Two (A-2) to Planned Mixed Use Development (PMUD) with an Outline Development Plan (ODP) DECISIONS, RESOLUTIONS AND MOTIONS 4. Motion to approve appointment to a City Council District III vacancy on the Cultural Commission 5. Resolution No. 50-2020 - a resolution concerning the acquisition and acceptance of nine properties on Wadsworth Boulevard for the purpose of constructing, installing, maintaining, and using public improvements for improving Wadsworth Boulevard by either negotiation and voluntary purchase or, if necessary, through the utilization of the CITY COUNCIL AGENDA: October 12, 2020 Page -3- City’s power of eminent domain, and authorizing such action as necessary to accomplish said purposes 6. Resolution No. 51-2020 - a resolution approving an amendment to the contract with the Colorado Department of Transportation for the Wadsworth Boulevard widening project from 35th avenue to interstate 70 CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT PROCLAMATION DOMESTIC VIOLENCE MONTH OCTOBER 2020 To designate the month of October 2020 as Domestic Violence Awareness Month WHEREAS, domestic violence impacts countless Coloradans, without regard to age, race, religion, or economic status; as victims suffer at the hands of a spouse or partner, it affects their children, families, and entire communities; and WHEREAS, the City of Wheat Ridge is committed to the reduction of domestic violence and the health, safety and welfare of its residents; and WHEREAS, the Wheat Ridge Police Department is committed to providing assistance to victims and witnesses of crime and other traumatic events through victim assistance partnerships and awareness-related efforts and events; and WHEREAS, Wheat Ridge joins with others across Colorado and the nation in supporting victims of domestic violence and shares the worthy goals of this month-long observance, and likewise supports the work of public and private entities that strive to provide the best coordinated response to domestic violence in communities across this state, sending a loud and clear message to abusers that domestic violence is not tolerated in the City of Wheat Ridge. NOW THEREFORE BE IT RESOLVED that on behalf of the City Council and the people of the City of Wheat Ridge, I, Bud Starker, Mayor of Wheat Ridge, Colorado, by virtue of the authority vested in me, do hereby proclaim October 2020 as DOMESTIC VIOLENCE AWARENESS MONTH in the City of Wheat Ridge. IN WITNESS THEREOF on this 12th day of October 2020. Bud Starker, Mayor Steve Kirkpatrick, City Clerk PROCLAMATION In appreciation of Dave Pickett In recognition of his dedicated service to the City of Wheat Ridge WHEREAS, the Mayor and City Council of the City of Wheat Ridge formally express appreciation to Division Chief Dave Pickett, who has dedicated his career in law enforcement in service to the City of Wheat Ridge; and WHEREAS, Division Chief Pickett has provided thirty-six years of professionalism as a public servant in law enforcement, and throughout his career, has exhibited his commitment to the organizational values of the Wheat Ridge Police Department; and WHEREAS, Division Chief Pickett began his employment with the Wheat Ridge Police Department on February 16, 1984, promoted to the rank of Sergeant in 1991, Commander in 2007, and Division Chief in 2015. In July 2019, Division Chief Pickett was appointed Interim Chief of Police and served in that capacity until February 2020. WHEREAS, over the past thirty-six years, in conjunction with his assigned duties, Division Chief Pickett displayed initiative and commitment by representing the Wheat Ridge Police Department on many high profile investigations. In his first year on the job, he was awarded the department’s Medal of Valor for capturing a First Degree Burglary suspect after being wounded by gunfire. WHEREAS, over the course of his law enforcement career, Division Chief Pickett received numerous letters of commendation and appreciation from his chain of command, other law enforcement agencies, and citizens of the community, as well as two Medals of Achievement, the Medal of Commendation, four Medals of Recognition and the Medal of Valor. WHEREAS, it is fitting, in conjunction with Division Chief Pickett’s retirement from the City of Wheat Ridge, we formally recognize his many contributions to the Police Department and the City, and express to him our sincere gratitude for his years of service and outstanding contribution to keeping our community safe. NOW THEREFORE BE IT RESOLVED that on behalf of the City Council and the people of the City of Wheat Ridge, I, Bud Starker, Mayor of the City Wheat Ridge, Colorado, by virtue of the authority vested in me, do hereby proclaim appreciation to Division Chief Dave Pickett, for his 36 years of service to the City of Wheat Ridge. IN WITNESS THEREOF on this 12th day of October, 2020 __________________________ Bud Starker, Mayor __________________________ Steve Kirkpatrick, City Clerk PROCLAMATION In appreciation of Patrick McDaniel In recognition of his dedicated service to the City of Wheat Ridge WHEREAS, the Mayor and City Council of the City of Wheat Ridge formally express appreciation to Detective Patrick McDaniel, who has served the City of Wheat Ridge; and WHEREAS, Detective Patrick McDaniel has provided 14 years of professionalism as a public servant to the City of Wheat Ridge, and has exhibited his commitment to the organizational values of the Wheat Ridge Police Department; and WHEREAS, Detective Patrick McDaniel began his employment with the Wheat Ridge Police Department on September 29, 2006, worked in the patrol bureau for nine years before becoming a detective assigned to the property team; and WHEREAS, over the past 14 years, in conjunction with his assigned duties, Detective Patrick McDaniel displayed his commitment to the community by participating in several Special Olympics of Colorado events, including the Polar Plunge and the Torch Run; and WHEREAS, over the course of his time serving the Wheat Ridge Police Department, Detective McDaniel has received medals of commendation for life saving efforts he provided as well as for the exemplary manner in which he served as the lead investigator on a homicide investigation that resulted in the arrest of four suspects; and WHEREAS, it is fitting, in conjunction with Detective Patrick McDaniel's departure from the City of Wheat Ridge, we formally recognize his contributions to the Police Department and the City, and express to him our sincere gratitude for his years of service and outstanding contribution to keeping our community safe. NOW THEREFORE BE IT RESOLVED that on behalf of the City Council and the people of the City of Wheat Ridge, I, Bud Starker, Mayor of the City Wheat Ridge, Colorado, by virtue of the authority vested in me, do hereby proclaim appreciation to Detective Patrick McDaniel, for his 14 years of service to the City of Wheat Ridge. IN WITNESS THEREOF on this 12th day of October 2020 ___________________________ Bud Starker, Mayor Steve Kirkpatrick, City Clerk STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Virtual Meeting September 21, 2020 Mayor Bud Starker called the Study Session to order at 6:31 p.m. This meeting was conducted as a VIRTUAL MEETING. No members of the Council or City staff were physically present at the Municipal building for this meeting; the public did not attend in person. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. The Mayor also explained the virtual meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council members present: Amanda Weaver, Judy Hutchinson, Zach Urban, Janeece Hoppe, Rachel Hultin, Korey Stites, Valerie Nosler Beck, and Leah Dozeman. Also present: City Attorney Jerry Dahl; City Clerk, Steve Kirkpatrick; City Manager Patrick Goff; Community Development Director, Ken Johnstone; Director of Administration Allison Scheck; Assistant to the City Manager, Marianne Schilling; Projects Supervisor, Mark Westberg; Greg Jamieson with our city attorney law firm, guests and interested citizens. Citizen Comment on Agenda Items – Diana Lopez, retired teacher and principal, 30 year resident of Wheat Ridge. She came to highlight her support for action on diversity, inclusion and equity in Wheat Ridge. She asked why more people who look like her are not involved in City government. She recalled incidents during which residents called the police because someone was walking past while black. We need to change the system that more often puts minority youth into the criminal justice system. We can, and we will, do the right thing. Elise St. Peter, 6997 W 36th Ave. Transferred to Wheat Ridge High School. When I enrolled, there were few other minorities attending, the faculty treated me inappropriately, and the other students treated me as an outcast. The same classmates still live here, and may be raising children of their own. Racism is a learned behavior. We must have action that begins with bias and diversity training for our City staff and the WR Police Department. Jessie Richards, Wheat Ridge resident. In the two years I have lived in Wheat Ridge, I have experienced racism, including accusations that I am a thief while waiting for the school bus. A man who thought I stole something from his grandson accosted me at the school bus stop one morning and verbally abused me. Racism is alive and well in Wheat Ridge, and we need to take action to remedy this culture. Morgan Richards, I helped form Wheat Ridge for Equity on June 7th, shortly after the death of George Floyd. Council made a great step forward on June 22 when you passed a resolution condemning racism. I have seen my son experience racism here. My new organization has held dozens of protest event. Tonight as we chanted Black Lives Matter in the area near 29th Avenue and Wadsworth and another citizen stood before us responding No They Don’t. People call my son a (N-word). Your discussion tonight will determine the future of Wheat Ridge. I want to recognize that this is hard, uncomfortable work. Please, agree to our three action items so together we can address the racism and bigotry in our community. Ihor Figlus, 9775 W. 36th Ave – Came to comment about communication and input into the process of listening to the citizenry during Council meetings. There is no back and forth in these meetings, no discussion or exchange of ideas, just a 3 minute statement while Council stares and does not listen. You should respond. Where are the District Meetings? There are a number of issues we need to discuss in a real dialogue and social media is not the platform for a dialog. Make District Meetings a real, regular part of our City. Perhaps one Monday a month in lieu of a study session Jesse Hill, 2995 Hoyt St., Wheat Ridge. Came to discuss the opportunity for the City to look at some of our existing policies, for example auxiliary dwelling units. There has been a lot of discussion about ADU, but all that happens is a lot of referring to com- mittees and discussions that yield no results. Perhaps a lot of this resistance to ADU is based on racism. As a property owner, we should be allowed to invite people than our family members to live in our ADU, which is a proven way to provide affordable housing in Wheat Ridge. Makhi Delaet 19830 W. 36th Ave. The recent media coverage of George Floyd’s death revealed that the problem was not racism but his refusal to obey the orders of the police. More regulations will make no difference. Funding a new commission on race and equity will accomplish nothing. If we do our part to take care of one another then we will do well. I do not need government or the Council to tell me how to build a more inclusive community; we can do that on our own initiative as residents. Odarka Figlus, 10580 W 38th Ave. Called to speak on the Wadsworth widening and the budget. She noted that the funding redevelops only part of the Wadsworth corridor. It would make more sense to live within our budget and work on as much as we can. When we voted on 2E no one said that property would be taken from businesses by force using condemnation. We should have consulted with the business community before we planned the Wadsworth project, instead of condemning their property. Regarding the proposed task force, will the new task force be allowed to be inclusive? Will those who have differing opinions be allow to join and participate? Who will right the report and deliver it to Council? Make this new group truly inclusive. Mayor asked if there was anyone who had not spoken regardless of their last name. No one else came forth. Note about Wheat Ridge Speaks: Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that include a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). Wheat Ridge Speaks transcript: Citizens entered the following comments about this item on the Wheat Ridge Speaks website, transcribed here in their entirety. Dear Mayor Starker and City Council Members, I am a Wheat Ridge resident at 4 Hillside Drive in Paramount Heights. I am encouraging you to move forward with three items put forth by Wheat Ridge for Equity. I encourage you to conduct ongoing equity and bias training for city staff and elected officials, create an Equity Task Force which reflects the diversity of our city, and for that Task Force to conduct a review of city policies, services and ordinances to root out inequities. Thanks for representing me in these timely and important issues. Margaret Robinson 09/19/2020 2:33 pm Margaret Robinson 4 Hillside Drive Wheat Ridge, 80215 Dear City Council Members, Thank you for full consideration of an inclusive equity task force. I know these are complicated times, and Wheat Ridge is a complicated place. I know there aren't very many people of color in Wheat Ridge, so it's tempting to shrug and think that the issues around equity don't need to be addressed here. But, as Benjamin Franklin said, “Justice will not be served until those who are unaffected are as outraged as those who are.” While many Wheat Ridge citizens may not be directly affected by inequity, we are better as a community when we hear from a diversity of voices, backgrounds, and experiences. Data shows that companies and communities who have diverse representation on their boards and committees do better economically, create more innovation, and inspire more investment. These are all things that will make Wheat Ridge an even better place to live. 09/20/2020 2:54 pm Rhiannon Gallagher 25 Hillside Drive Wheat Ridge, 80215 When you consider the complete lack of diversity on the council, or on staff, I think it is clear that we need a task force to create diversity in the city’s leadership. Please consider moving forward with this in order to form a government that actually reflects our cities diversity. We are called White Ridge for a reason and it’s not a compliment. 09/20/2020 11:30 am Jessica Fast 4335 Kendall St Wheat Ridge, 80033 Dear Mayor Starker and Council Members, I am a resident of Wheat Ridge District 1. Thank you for the resolution condemning racism and hate. I am encouraging you to take action by conducting ongoing equity and bias training for city staff and elected officials and creating an Equity Task Force, which reflects the diversity of our city, to conduct a review of city policies, services and ordinances to root out inequities. Thank you for listening. Eric Wilson 09/20/2020 10:43 am Eric Wilson 3743 Jay St. Wheat Ridge, 80033 Dear Mayor and City Council members, Please proceed with these action items because being a teenager of color, I have experienced racism in Wheat Ridge. I believe these action items will help make Wheat Ridge safer. 09/20/2020 8:24 pm Jassir Rankin-Richards 3255 Ames St Wheat Ridge, 80212 Mayor Starker and Members of the City Council, As a 20 year resident in District 1, I am asking you to support the 3 action items in front of you today by moving them from a Study Session to the next stage. We are obligated on the grounds of basic human rights to rid Wheat Ridge of systemic racism. We are obligated on those same grounds to build a city that fosters and supports equity. Denying that there is any problem in our city is naive. Our family and friends have experienced racism inside city limits. We know this is not unique to us. No action or partial support in this case could end in the same kind of tragedy that took Elijah McClain's life. Thank you for your time and consideration in these matters. Regards, Jeff Richards 09/20/2020 9:47 pm Jeff Richards 3255 Ames Street Wheat Ridge, 80212 Mayor Starker and Council Members, As a longtime resident of Wheat Ridge I would urge you to adopt the three items brought forward by Wheat Ridge for Equity. It is incumbent for all citizens to be aware of inequity in our country and community and to work toward awareness and remediation. I believe the three aspects of ongoing equity and bias training for city staff and elected officials, the creation of an Equity Task Force which reflects the diversity of our city, and for that Task Force to conduct a review of city policies, services and ordinances to identify inequities and put forth suggested remedies. Thank you for your consideration of these historical and timely issues. Diane Sandman September 21, 2020 09/21/2020 8:09 am Diane Sandman 4720 Reed St Wheat Ridge, 80033 Dear Mayor and City council, I am a long-time resident of Wheat Ridge, and I live in Wheat Ridge. So proud of you for passing the resolution condemning hate and racism. And now let's put some action to those words and begin by creating a diverse equity task force that would review city policies and help make recommendations for a more inclusive community. We want to live in a city that we can all be proud of, and implementing the 3 action items Wheat Ridge for Equity is asking for is a way to move forward. Thank you. 09/21/2020 8:31 am Diana Lopez 3260 Field St. Wheat Ridge, 80033 Dear Mayor and Council, My name is Michael Ksenyak and I am a resident of Wheat Ridge. The city passed the resolution against racism and hate in our city. That is a great first step! To continue the work of making Wheat Ridge a more inclusive and equitable city, I strongly urge you to create the task force and open it for a city wide application process. This is the best way to ensure greater diversity from the city is represented and had an opportunity to participate. This work is important and intentional and a building process. It must be done well and with urgency, but not rushed, all at the same time. As a city we need this community led task force to partner with the city and council. Thank you 09/21/2020 8:35 am Mike Ksenyak 4495 Yarrow Street Wheat Ridge, 80033 Dear Mayor Starker and Council Members, I am a resident of Wheat Ridge District 2 and I want to thank you for the resolution condemning racism and hate. I am encouraged that most of you want to take action by conducting ongoing equity and bias training for city staff and elected officials and creating an Equity Task Force. The equity and bias training should be continuous for there is no such thing as too much training especially when it comes to something as important as equity and bias for government staff and elected officials. Training bi-annually would be preferred. It is vital that the Equity Task Force is well thought through, starting with the application process. Many of those that we want on this task force won't come forward, but we will need to recognize those communities who aren't represented and reach out to them. The selection process also needs to include groups like Wheat Ridge for Equity to ensure that this task force truly represents all the minorities in our community. Once the group is selected it should be up to the group to replace members in the task force when such a time comes. It should not be up to the Mayor and City Council. When reflecting on the diversity of our city, we need to recognize our own shortcomings as an inclusive community and strive for better unity. I hope you also recognize the need to give the Equity Task Force teeth to conduct a review of city policies, services and ordinances to root out inequities. If power isn't given to the task force to be able to make real change, then this will be nothing more than a PR stunt by politicians instead of a solution created by Wheat Ridge citizens to make our city the best it can be. This is an incredible chance for you to make a true difference in given more citizens their voice. If you can create a well thought out process for both the equity and bias training and the Equity Task Force, and you show you care about this and recognize this is an issue that needs to be addressed, then you have my vote the next time you are up for re-election no matter the affiliation. Please take this seriously and understand that you are making a difference for every citizen in our city. 09/21/2020 9:01 am Alexander Goldsmith 7333 W 38th Ave, Unit 359 Wheat Ridge, 80033 Dear Mayor Starker and members of the Council, Thank you for considering the action items put forth by Wheat Ridge for Equity. As your constituent, I encourage and request that you move forward with creating a Task Force to address racism in our city, in both the systems and practices. As a white woman and third generation property owner in Wheat Ridge, I have benefited from many privileges that are often not afforded to people of color in our city. It may not appear to those of us in positions of privilege or power that there are issues to address, but it is our responsibility to dig deep and listen to the community. To continuously address inequality in our systems I believe that the steps put forth by Wheat Ridge for Equity are steps in the right direction. Thank you for your consideration. Sincerely, Miranda Cutting 09/21/2020 9:32 am Miranda Jo Cutting 3588 Quay St. Wheat Ridge, 80033 Dear Mayor & Council Members, I am a resident of Wheat Ridge District 2 and want to express my fervent support for the action items presented to you today. These 3 steps are essential in advocating for and protecting all of Wheat Ridge's citizens. Without them, I'm concerned that we will continue to promote patterns and habits that marginalize members of our community. We must also acknowledge that these items are just the beginning of the work required to fight inequity. This work requires ongoing involvement and conversation, and if these items are not adopted and/or taken seriously, we are failing to provide solid footing for equity. We must be intentional in providing training, education, and platforms for addressing inequity, bias, and racism. As this City Council has done previously, please take the stand against inequity seriously. 09/21/2020 9:49 am Sarah Gould 7333 W. 38th Ave, Apt 359 Wheat Ridge, 80033 Please move forward with the diversity task force, as it is much needed in Wheat Ridge. As our town grows and expands, understanding of BIOPC communities is critical ensuring that we thrive. 09/21/2020 10:01 am Sara Nepomuceno 4321 Dover Street Wheat Ridge, 80033 Dear Mayor and City Council Members, I applaud you for passing the resolution condemning racism and hate. It is one thing for city council to pass such a resolution, but it is another that there be some actual work done. We must create an environment where everyone has a voice. I fully support the formation of a Task Force to address racism issues and policies in Wheat Ridge. Its members should be from diverse ethnic and economic backgrounds representing marginalized citizens of Wheat Ridge. The important work starts with consistent equity training and the creation of this task force. Now is time to act on making Wheat Ridge a safer and more inclusive community for ALL of our citizens. Thank you for your consideration and willingness to move forward. 09/21/2020 10:28 am Milly Nadler 4710 Reed St Wheat Ridge, 80033 Good day, Mayor Starker and Wheat Ridge City Council, My mane is Jenny Snell, and my wife and I reside at 7020 W 35th avenue in Wheat Ridge. I am reaching out in support of the three items put forth by Wheat Ridge for Equity: Equity Training for City staff and elected officials, creating an Equity Task Force, and then utilizing that Task Force to review all city policies and ordinances to ensure fair treatment of ALL Wheat Ridge citizens. Our city has an opportunity here to set the bar and demonstrate what true equity and inclusion looks like within a community. Wheat Ridge as a whole can benefit from this, from our most marginalized community members to our most privileged. We must be known as a community that embraces and supports all of its residents. Moving ahead with these 3 items is a great start towards that. As a member of the LGBTQ community, it is important to me that I and my family feel accepted, safe, and supported in our community. It is also of utmost importance that all of our BIPOC members feel safe and supported in our community that is overwhelmingly white. We have much to love about Wheat Ridge, and we also have much to change to be the loving, supportive, action-oriented community that I know we can be. Thank you for doing the right thing for all of your community members. -Jenny Snell 09/21/2020 11:13 am Jenny Snell 7020 W 35th Ave Wheat Ridge, 80033-6369 Dear Mayor and Council Members, I support the three action items proposed by the Wheat Ridge Race and Equity Force. Let's be leaders among Colorado cities in moving forward to end racial inequality for all minorities but especially towards African Americans in our city. Four hundred years of oppression and injustice is way too many. Thank you, Mariann Storck 09/21/2020 11:35 am Mariann Storck 4120 BALSAM ST WHEAT RIDGE, 80033 Dear Mayer Starker and City Council, I applaud your efforts to condemn racism and hate in Wheat Ridge, and I see the work you've already started in providing equity training for police and council members. It gives me hope that these issues are of true concern, and you are hearing the emphatic requests of residents who are urging you to continue forward in this work. Initiating the creation of an equity task force is the next logical step toward examining the systematic inequities that must be identified and changed in community systems and departments. Of great importance is that this task force represent our community and recruitment will likely be a grassroots effort. It will involve building trust with marginalized communities, and requesting they step forward to build a more inclusive and safe community for us all. Thank you for engaging this critical work. I'm proud to be a resident of Wheat Ridge. -Shannon Kishel 09/21/2020 11:33 am Shannon Kishel 3400 Quay St Wheat Ridge, 80033 As a long-term Wheat Ridge resident of District 1, I strongly recommend that you support and move forward with the three action items put forth by the members of Wheat Ridge for Equity. Listen, change, grow...for everyone's sake. 09/21/2020 11:37 am Shannon Sturtevant 3560 Otis St Wheat Ridge, 80033 Dear Mayor Starker and Council Members, I am a resident of Wheat Ridge District 1. Thank you for the resolution condemning racism and hate. I am encouraging you to take action by conducting ongoing equity and bias training for city staff and elected officials and creating an Equity Task Force, which reflects the diversity of our city, to conduct a review of city policies, services and ordinances to root out inequities. I believe this is vital to the well-being of our society and our city. Joyce Gallo 09/20/2020 10:43 am 09/21/2020 11:50 am Joyce Gallo 6685 W 30th Ave Wheat Ridge, 80214 Dear City Council Members, I am writing this letter to urge you to move forward with the action items proposed by Wheat Ridge for Equity at the City Council meeting on June 22, 2020. This is the next logical step in the Council’s promise to make Wheat Ridge a community where all its residents can feel safe. Sincerely, Nikki Larsen 09/21/2020 11:56 am Nikki Larsen 3725 Harlan St Wheat Ridge, 80033 As a 20 year resident of Wheat Ridge and involved with this City in petitions, running for office and attending all city meetings that I can, I am a bit puzzled by the call for action as presented by the others who have commented on WR Speaks. I have not heard of one issue/complaint throughout the public domain towards the city or staff or council members. I am informed from reading some of the postings that issues do exist and maybe have not been brought to the public's attention. With all the comments now on WR Speaks it seems those citizens would be the ones volunteering for the task force they are asking to be established. I would rather see time and effort spent by those in authority teaching those who are growing up and learning of the world ways that parents and schools teach subjects such as respect for all, acceptance of all, kindness to all and general civility to and from all. In the early 80s I remember when children were able to accuse teachers and parents of disciplinary 'abuses' and lives were changed as those accused were arrested and had charges filed. It seemed then that the bending to the will of the child, correct in their accusations or not, was the beginning of downward path in our society that showed a lack of respect and compliance with authority that was and is needed for all of us to survive life in general. Without respect for all, we find ourselves in situations that lack the good graces of a good society. I would say that teachers and parents and others who have the ability to teach and show the young population how to respect others, tolerate others, accept others and do unto others as you would have done unto you is the way forward our society needs. No more labeling and name calling and bullying and hatred. Let us become aware of how to accomplish that through cotillions. I quote from a webpage of Jon D. Williams Cotillions® EST. 1949: "In a world where kindness, courtesy and respect are often overlooked, there is a way recognized as educating young people in the art of social skills. In today's competitive society, it is a fact that those with well-developed social skills have tangible advantages in every aspect of their lives. In truth, students without this knowledge may lack the confidence to succeed when it comes to the real world" Onward and Upward. Respectfully, Vivian Vos 09/21/2020 11:58 am VIVIAN VOS 6920 W 47 place Wheat Ridge, 80033 Below is from the Wheat Ridge for Equity group. Wheat Ridge for Equity September 21, 2020 MEMO: Wheat Ridge for Equity action items moving forward At the June 22 meeting of Wheat Ridge City Council, Wheat Ridge for Equity members asked for the following three action items: 1. Frequent and ongoing equity and bias training for city staff and elected officials in order to understand and recognize patterns of thinking that perpetuate discrimination and mitigate personal biases. 2. Creation of an Equity Task Force by the City Council to include people marginalized by oppression, such as people who are Black, Indigenous, and People of Color, LGTBQ, immigrants, differently abled, people of marginalized faiths, young people, and elders in our community, as well as a few lesser marginalized residents. Membership of this Task Force must represent diverse and multiple perspectives so as not to deny or minimize our neighbors’ lived experiences. 3. The Equity Task Force will carry out a thorough review of City policies, services, and ordinances, as well as inequities in community systems and departments and report recommendations, including ways in which success will be measured toward becoming a more inclusive and responsive community. Tonight, we hope that our city council members move forward and agree to our action items, most importantly the formation of an Equity Task Force. This is a step forward in ensuring equity in our community. As part of our action items, please understand: - While we want to see every thoughtful effort that the task force membership is representative of each marginalized population in Wheat Ridge, we will not view this effort as a failure if the task force starts with many and not all representatives of our community’s marginalized representatives. - We recognize that encouraging potential members to apply will take time and relies on continued relationship building. - The process of application and selection need to work well to ensure our marginalized community members are trusting of this initiative and will step forward to apply. - Until a task force has started and the work begun, it is hard to say what the lifespan of the task force ought to be. The discovery of the task force’s work and other research is required to make an informed decision. - Wheat Ridge for Equity’s core leadership and greater member wants to support our city council and city staff in this effort. This is uncomfortable, challenging work. We are invested in us succeeding together. We also have amongst us those who have the lived experience of racism and bigotry, as well as others who have years of equity training and learning to augment the marginalization we have witnessed. Please view us as a resource. Sincerely, Morgan Richards Alexander Goldsmith Elise St. Peter Shannon Kishel Jeff Richards Diana Lopez 09/21/2020 11:59 am Morgan Richards 3255 Ames St Wheat Ridge, 80212 End of comments entered in Wheat Ridge Speaks for this meeting. 1. Race and Equity in Wheat Ridge Discussion began at 6:34 pm, approximately 0:34 minutes into the recording of the session. On June 22, 2020, City Council passed Resolution No. 35 as an important first step towards condemning racism and hate in all its forms. The Resolution further resolved that for true systematic change, it is incumbent on city leaders and community members to listen with open hearts and minds and to take informed, meaningful actions and that the Mayor and City Council stand steadfast with all citizens of Wheat Ridge against racism and reaffirm its commitment to fighting for racial justice and human and civil rights for all. Staff report Mr. Goff introduced Councilmembers Nosler Beck and Dozeman, who brought this item forward. We have given you an extensive report on these issues, based on our own experience and that of many other municipalities dealing with racism, inclusion and diversity. Marianne Schilling, Assistant to the City Manager created the report. Some of those items include but were not limited to: Administrative Services • The City will conduct a robust and engaging three-part antiracism and inclusion training for supervisory staff beginning September 22. • The City’s website can now be instantly translated on demand into over 100 languages. • The City has added closed captioning for videos on YouTube. Recent outreach meetings have included ASL and Spanish interpretation. • The City plans to update its communication style guide and train staff on its use to eliminate gender identifications, references to “citizens”, language around ability and other areas of our written and verbal communication. Community Development • Leadership has encouraged open discussions regarding race and equity, and has encouraged participation in the forums hosted by the City Manager’s Office. Municipal Court • Last year, court staff created a mission statement which mandates the fair and impartial resolution of ordinance violations in order to preserve the rule of law and to protect the rights and liberties guaranteed by the State and U.S. Constitutions. Staff, at the same time, developed department values that require respectfulness, efficiency, procedural fairness, and safety to all who come before the court. Parks and Recreation • Staff is working on a policy draft for inclusion and equity, which is a National Recreation & Parks Association initiative and racial equity is a component. Police • The Police Community Advisory Group was formed in 2018 to provide a forum for open dialogue about the delivery of law enforcement services. • In June, the Police Chief and City Manager presented at a virtual community meeting, hosted by the Police Community Advisory Group, on policing procedures and policies in Wheat Ridge. Public Works • Public Works is committed to non-discriminatory management of a diverse work force in which managers value the differences in their employees. Councilmembers Dozeman and Nosler Beck discussed the motives for this discussion and propose action, with many thanks to people who worked on this effort with the Councilmembers. Councilmembers had questions and comments: Councilmembers commented on their experiences with training and facilitation on diversity. How will we know that we have hired the right consultant or facilitator for this work, in order to avoid “false equity?” Mr. Goff discussed how we have selected the consultant we will hire, and the vetting process used. Chief Murtha recalled that when Mr. Omar Montgomery came, we had a lot of recommendations and endorsements of his knowledgeability. We had a great session and the Chief asked how we might move forward, vs. one and done. Our officers received his balanced approach very well. We are going to debrief the meeting we had with the Dr. Montgomery and the NAACP and we are looking forward to future meetings addressing these issues. Ms. Scheck reported on three upcoming sessions about our unconscious biases and how to recognize and address them. This is not about checking a box; we are laying a foundation for future directions over the short- and longer-term. Councilmembers discussed the kinds of resources and educational opportunities that have proven effective in other Colorado municipalities. All parts of our community should participate, and it is incumbent upon us to recruit the people who may believe their voices do not matter. Remember this is a work in progress. We will not succeed immediately or even quickly, but as long as we continue the work and the dialogue we will make progress. If a task force is formed, we should not expect them to come with a long list of actions to take, unless that is what the task force decides. Even if we work on only one, two or a few issues we can make progress. Councilmembers thanked all of those who have worked on these issues up to now, and will in the future. When and if we form a task force, we as Councilmembers need to step back and let the task force do its work, with inclusion, diversity and open-mindedness. Perhaps the task force’s ideal size is 15-18 members. We need both district representatives and at large participants, including representatives from our schools. We need to have young people growing up in the City involved in the task force’s work. Perhaps we need to have input from the task force on choosing facilitators and resources for any training or facilitation of discussions. When we set the size of the task force, let’s not leave out people who have a strong interest, and let us seek participation in this task force from those who already sit on City boards and commissions. Perhaps we should consider applications for the task force with the names of the applicants redacted, so we considering their qualifications without assumptions based on their name, or reputation. Others cautioned that we must ensure that the process results in a truly diverse and inclusive task force membership. Mr. Dahl reported that other municipalities are not asking demographic or similar questions, but ask what the applicants can bring to the task force, why they want to serve and what they would hope to accomplish as a member. This avoids any issue about compliance with Title 6 (Civil Rights Act). We should worry about any kind of quota related to ethnicity or any other trait. While the incentive do to that may be properly based, there is a potentially slippery slope. Councilmembers discussed the application form, how to create it, and what it should include. Councilmembers asked what the financial impact will be. Mr. Goff reported that when we know what action to take based on Council action, staff will report the proposed expenditures. Councilmembers also expressed a caution that the application form for City employment does not ask whether the applicant has a criminal history. Ms. Scheck explained how the City does background checks for all applicants. While the City eliminates those who do not meet our standards, we cannot under state law exclude them solely on the basis of a criminal history. Mr. Dahl described the provisions in the newly enacted state law, and how it must be implemented. The nature of the position can be taken into account under the statute and the City does include the kind of position during the hiring process. Mr. Dahl, stated that the task force members need not be legal residents of Wheat Ridge (Charter does require residency to serve on boards and commissions). Ms. Schilling said that on other applications we have asked, “What are your connections to Wheat Ridge?” Councilmembers expressed their support for the three proposed initiatives. Councilmember Nosler-Beck received a consensus for council to take part in equity training at a future study session; staff will bring options of facilitators for council to select among. Further, Council reached a consensus to create a Race and Equity Task Force with a charter to function for one year (with the possibility of a time extension) with up to 20 members, two from each District, the rest at large including four at large appointed by the Mayor and two at large appointed by each District’s Councilmembers from the four districts. The Task Force will review and recommend updates related to (but not be limited to) the City Charter, the municipal code, and City operating policies and procedures, including internal recruiting and hiring policies, and issue findings and recommendations in a report to the City Council not later than September 30, 2021. Consensus attained. 2. Wadsworth Improvement Project update Discussion began at 8:10 pm, approximately 1:40 hours into the recording of the session. a) Budget update Preliminary budget estimates for the Wadsworth Improvement project have been provided to Council during various Council meetings that have occurred over the past 6 years. Those figures have always been conceptual in nature as progress was made through the various phases of design and right-of-way (ROW) acquisition. The purpose of this is to update Council on final estimated project costs now that we are nearing final design documents and are in the midst of acquiring necessary additional ROW for the project. Working with our consulting team during these latter phases of design and ROW acquisition, it has become apparent that existing available project funding will necessitate a phased approach to construction. Staff report Ken Johnstone, Mark Westberg, Projects Supervisor and Greg Jamieson (attorney; specialist in right-of-way acquisition) gave a detailed presentation about this item, including: • The history for original funding and budget sources • Environmental review and approvals • Formal Value Engineering processing • Updated construction and ROW cost Councilmembers had questions and comments: Councilmembers asked detailed questions about specific aspects of the project plan, timeline, and the budget and funding. Questions arose about the extent to which the plans comply with the ballot question 2E funding, as passed by the voters. Staff and Mr. Dahl answered these questions with detailed information and explanations. Councilmembers asked detailed questions about where sidewalks will be constructed, so pedestrians do not walk in the roadways on snowy days. Staff answered this and similarly detailed questions. b) Right-of-way acquisition update On January 14, 2019, Council authorized staff to acquire right-of-way (ROW) for the Wadsworth Boulevard Improvement project (Project). Staff had requested the ability to use the City’s power of eminent domain, if necessary, to accomplish the necessary ROW acquisitions. At that early stage in the ROW acquisition process, Council chose not to authorize the use of eminent domain, without staff first coming back to Council with a ROW acquisition status update and a discussion of outstanding ROW acquisition needs. Staff report Mark Westberg, Projects Supervisor delivered to Council a detailed presentation about how ROW acquisitions for the Project have been ongoing for several months. The negotiations on several properties have become difficult, meaning one of two things: 1) certain impacted parties are simply not choosing to respond to the City or the City’s ROW consultant team; and/or 2) substantial differences in perceived property value still exist, or have reached an impasse, meaning that an agreement on value does not seem possible. Therefore, staff is requesting that Council authorize the use of eminent domain for any properties that have reached an impasse. Currently, the total difference in value for these nine properties totals $1.2 million. Councilmembers had questions and comments: Council asked questions about the details of the staff report, which staff and Mr. Dahl answered. For instance, Council asked how the eminent domain process might affect the project schedule. 3. Staff Report(s) Discussion began at 9:36 pm, approximately 3:06 hours into the recording of the session Nothing more from staff. 4. Elected Officials’ Report(s) City Clerk Kirkpatrick announced that today the Office of the Clerk issued a Certificate of Sufficiency to the petitioners who circulated a referendum petition for Ordinance 1691, series of 2020, a zoning change for property at Johnson St. and 38th Avenue. Council also received notice in writing of the Certificate of Sufficiency. Protests may be filed until October 6th. He anticipates sending the issue to Council at a Regular Meeting scheduled for October 12, 2020. In all likelihood, for legal and logistical considerations the special election will occur after January 1, 2021. (The deadline to include an item on the General Election ballot November 3, 2020, passed weeks ago.) City Clerk Kirkpatrick gave an election update for the Nov. 3 Presidential election. Topics included: • National Voter Registration Day tomorrow • Friday Oct. 9: The Jeffco Elections division will mail ballots to all active registered voters and open our 24-hour ballot drop boxes. • Monday Oct. 19: If you haven't yet received a ballot, contact the JeffCo Elections team at 303-271-8111, which can issue you a replacement ballot by mail, until Oct. 26. You can also go to any in-person vote center • Monday Oct. 26: Last day to return your ballot by mail to ensure it arrives in time. But drop boxes (their recommended voting method) and in-person vote centers are still open through Election Day. • Tuesday, Nov. 3: Election Day! You can use any drop box up until 7 p.m., or if you need additional services (registering to vote, getting a replacement ballot, etc.), you can use any vote center up until 7 p.m. as well. Councilmembers Hoppe and Nosler Beck thanked all those who participated in this evening’s discussion of race and equity in Wheat Ridge, as well as the many citizens and organizations who have contributed to this effort over the past weeks and months. ADJOURNMENT TO SPECIAL CITY COUNCIL MEETING The Study Session adjourned at 9:41 pm. APPROVED BY CITY COUNCIL ON October 12, 2020. Steve Kirkpatrick, City Clerk Janeece Hoppe, Mayor Pro Tem City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING September 28, 2020 Note: This meeting was held virtually, using Zoom video-teleconferencing technology. As duly announced and publicly noticed, Council previously approved this format in order to continue with normal business and respond to the CoVid-19 Pandemic and the related public emergency orders promulgated by the President of the United States, the Governor of Colorado, and the Wheat Ridge City Council. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Janeece Hoppe Judy Hutchinson Zachary Urban Rachel Hultin Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck Also present: City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl; City Manager, Patrick Goff; City Treasurer, Chris Miller; Administrative Services Director, Allison Scheck; Community Development Director Ken Johnstone, Parks and Recreation Director, Karen O’Donnell, other staff, guests and interested citizens. PROCLAMATIONS AND CEREMONIES – None for this session. APPROVAL OF MINUTES Without objection or corrections, the City Council Minutes of September 14, 2020 and Special City Council minutes of September 21, 2020 were approved as published. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. CITIZENS’ RIGHT TO SPEAK This item began at 7:02 PM. No one came forward to speak. Note about Wheat Ridge Speaks: Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to City Council Minutes September 28, 2020 page 2 submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that include a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). There were no comments entered into Wheat Ridge Speaks for this meeting. CONSENT AGENDA Discussion began at approximately 7:05 PM Councilmember Hultin introduced the consent agenda items. a. Resolution No. 47-2020 – A Resolution approving the third amendment to an Intergovernmental cooperation agreement between Jefferson County and the City of Wheat Ridge, Colorado, pertaining to Community Development Block Grant funding b. Resolution No. 48-2020 – A Resolution approving an Intergovernmental Agreement with Jefferson County concerning the installation and operation of a secure mail Ballot Drop Box at Prospect Park. c. Resolution No. 46-2020 – A Resolution amending the 2020 fiscal year General Fund budget to reflect the approval of a supplemental budget appropriation for the purpose of accepting a grant from the CATPA- Metropolitan Auto Theft Task Force (C-MATT) in an amount up to $66,000. d. Motion to approve the Drainage and Stormwater Easement Agreement between Hance Ranch Development, LLC, and the City for storm water improvements. Motion by Councilmember Hultin to approve both Consent Agenda Items a.), b.), c.), and d.). Seconded by Councilmember Stites; motion carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING None were on the agenda tonight. ORDINANCES ON FIRST READING Discussion began at 7:08 pm. 1. Council Bill No. 18-2020 - An Ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning sign and letter notice requirements for quasi- judicial public hearings City Council Minutes September 28, 2020 page 3 Councilmember Stites introduced Council Bill 18-2020. Requirements for the notice of public hearings are provided in the City Charter and in Chapter 26 of the Code of Laws. This includes notice by sign and letter as well as publication in the newspaper and on the City’s website. The purpose of this code amendment is to modify current practice related to sign and letter notice, specifically: • To increase the number of posted signs required based on frontage length and parcel configuration, and • To increase the letter notice radius from 300 feet to 600 feet for public hearings. Motion by Councilmember Stites to approve Council Bill 18-2020 - an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning sign and letter notice requirements for quasi-judicial public hearings, on first reading for the sole purpose of ordering it published for a public hearing set for Monday, October 12, 2020 at 7 p.m. as a virtual meeting, and, if adopted, that it take effect 15 days after final publication; seconded by Councilmember Urban; carried 8-0. DECISIONS, RESOLUTIONS AND MOTIONS There were none. CITY MANAGER’S MATTERS The 2021 proposed budget is out, available at the City Clerk’s office and online. The City has placed no restrictions on trick or treating door to door for Halloween. CITY ATTORNEY’S MATTERS Nothing tonight. ELECTED OFFICIALS’ MATTERS Councilmembers Stites and Weaver are planning a District meeting soon. Councilmembers Hultin, Dozeman, Hoppe and Stites thanked our Board and Commissions members. Councilmember Hutchinson recalled a special news report on Heine’s Market, which has operated here for more than 70 years as a family owned business. The Mayor also thanked our Board and Commission members. Virtual Coffee with the Mayor is at 9:00 AM on October 10. City Council Minutes September 28, 2020 page 4 ADJOURN TO SPECIAL STUDY SESSION The meeting adjourned at 7:18 pm. _____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON October 12, 2020 ______________________________ Janeece Hoppe, Mayor Pro Tem The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD’s of the meetings are available for listening or viewing by contacting the City Clerk’s Office, as well as copies of Ordinances and Resolutions. SPECIAL STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue September 28, 2020 Upon adjournment of the Regular City Council Meeting. Mayor Bud Starker called the Special Study Session to order at 7:18 p.m. This meeting was conducted as a VIRTUAL MEETING. No members of the Council or City staff were physically present at the Municipal building for this meeting; the public did not attend in person. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. The Mayor also explained the virtual meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council members present: Amanda Weaver, Judy Hutchinson, Zach Urban, Janeece Hoppe, Rachel Hultin, Korey Stites, Valerie Nosler Beck, and Leah Dozeman. Also present: City Attorney Jerry Dahl; City Clerk, Steve Kirkpatrick; City Manager Patrick Goff; Community Development Director, Ken Johnstone; Director of Administration Allison Scheck; Executive Director, Localworks, Kate Cooke, guests and interested citizens. Citizen Comment on Agenda Items – No one came forward to speak. Note about Wheat Ridge Speaks: Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that include a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). There were no citizen comments entered into Wheat Ridge Speaks related to this session. 1. Localworks Strategic Plan Update Discussion began at 7:18 pm, approximately 0:28 minutes into the recording of the session. Executive Director, Localworks, Kate Cooke gave a brief summary on key aspects of the 2021-2023 Strategic Plan, which is now complete and formally adopted by the Board of Directors. Those included in the overview were: Principle One: Localworks is fiscally stable and healthy so as to deliver programs and weather all challenges. Goal 1. We are fiscally nimble and are actively seeking to leverage our financial resources to create value for Localworks and the Wheat Ridge community. Goal 2. We create partnerships that result in financial benefits for programs and the community. Principle Two: Localworks is a resource for the community and the City by providing opportunities for engagement, volunteerism, connection and education. Goal 1. We educate and empower our residents. Goal 2. We invest in the community. Goal 3. We connect and engage our residents. Principle Three: Localworks is a resource for local businesses and the City through programs that provide opportunities for growth, promotion, positioning, and community connection. Goal 1. We promote and support local businesses. Goal 2. We invest in local businesses. Goal 3. We celebrate and promote the unique identity of Wheat Ridge. She concluded that to achieve the goals set forth in the 2021-2023 Strategic Plan, Localworks will use funds from the investment account to create a community asset that creates value for Localworks and the Wheat Ridge community. We are just starting the work on this project and look forward to an exciting process as we undertake the next steps. We are looking at models across the state and the country that will allow for the development of a space where local businesses can grow. Localworks will also continue to use funds from the investment account to provide loans to local businesses to build up business in Wheat Ridge and provide loans to homeowners to enhance the existing housing stock. We are excited to partner with the City of Wheat Ridge, our local businesses and the community to achieve this vision. Localworks has many passionate supporters in the community. Attached is a summary of the community support statements that were provided via the Wheat Ridge Speaks platform at the August 17th study session. These statements are indicative of the broad range of support that Localworks has established in the community through the effective delivery of programs that enhance, engage, and invest in Wheat Ridge. As we move toward 2023, Localworks pledges to work in partnership with the community to leverage resources to create value in the community, utilize our financial assets to create fiscal stability, facilitate connections and collaboration, serve as a conduit of information and resources for all who live or work here, and unite and energize the community through effective engagement in order to advance Wheat Ridge as a vibrant and sustainable community. Councilmembers had questions and comments: Councilmembers asked for a financial statement showing income and expenditures for LocalWorks; Ms. Cooke agreed to send along the LocalWorks Form 990 recently filed with the IRS. Councilmembers also had questions about the Midas Building at 38th and Wadsworth, recently acquired by the City as part of the ROW acquisitions for the Wadsworth widening and redesign. Councilmember Hutchinson questioned how much budget support the organization should receive in light of our current financial situation, when neighborhood safety and other essential items are not in the budget. Mr. Goff responded to her questions. He reported that the 2021 budget proposal includes finding for neighborhood safety. Councilmembers had questions about the details of LocalWorks finances, including some real property the organization owned and has since sold and its pathway to self- sustainability for LocalWorks. There were further, detailed questions and discussion of the total budget ask for 2021, the budget reduction LocalWorks proposes, and considerations in light of the local business climate. Councilmembers also discussed LocalWork’s role and accomplish- ments, and the value it adds to Wheat Ridge businesses and their operations, especially during the past 6 months. Councilmember Urban proposed a consensus to move forward with a study of the Midas property, its suitability for various future uses and costs to renovate for various artistic and office space purposes. Consensus attained. 2. Staff Report(s) Discussion began at 8:52 pm, approximately 18 minutes into the recording of the session Nothing further at this time. 3. Elected Officials’ Report(s) Discussion of this item began at approximately 8:52 PM. Councilmember Hoppe reported that local neighborhoods are beginning to engage in What’s Up Wheat Ridge discussions. The first two neighborhoods involved are BelAir and Paramount Heights. ADJOURNMENT The Special Study Session adjourned at 8:54 pm. APPROVED BY CITY COUNCIL ON October 12, 2020. Steve Kirkpatrick, City Clerk Janeece Hoppe, Mayor Pro Tem STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Virtual Meeting October 5, 2020 Mayor Bud Starker called the Study Session to order at 6:30 p.m. This meeting was conducted as a VIRTUAL MEETING. No members of the Council or City staff were physically present at the Municipal building for this meeting; the public did not attend in person. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. The Mayor also explained the virtual meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. All eight Council members were present: Amanda Weaver, Judy Hutchinson, Zach Urban, Janeece Hoppe, Rachel Hultin, Korey Stites, Valerie Nosler Beck, and Leah Dozeman. Also present: City Attorney Jerry Dahl; City Clerk, Steve Kirkpatrick; City Treasurer, Chris Miller; City Manager Patrick Goff; Community Development Director, Ken Johnstone; Director of Administration Allison Scheck; Director of Parks and Recreation, Karen O’Donnell; Judge Christopher Randall, Municipal Court; Director Facilities and Public Works Greg Knudson; Assistant to the City Manager, Marianne Schilling; guests and interested citizens. Citizen Comment on Agenda Items – Kelsey Robb, 3460 Quay St. came to speak for LocalWorks (She is the chair of the LocalWorks Board.) When Wheat Ridge 2020 was adopted, with the idea that LocalWorks would become self-sustaining by 2020, Wheat Ridge was a very different place those 15 years ago. Working toward that goal of self-sustainability is still part of the strategic plan for LocalWorks as Council knows from the documents submitted with our budget request, and our presentation to Council recently. We hope the City will continue to support our LocalWorks network of programs. Mayor asked if there was anyone who had not spoken regardless of their last name. No one else came forth. Note about Wheat Ridge Speaks: Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that include a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). No comments appeared in Wheat Ridge Speaks for this session of Council. 1. 2021 Proposed Budget Discussion began at 6:33 pm, approximately 0:03 minutes into the recording of the session. Staff report Mr. Goff brought this item forward and gave an extensive report on the 2021 budget issues, some of those items include but were not limited to: • A General Fund budget in the amount of $37,608,550 • An unrestricted fund balance of $9,383,958 or 25% of expenditures • A General Fund transfer of $1,300,000 to the Capital Improvement Program (CIP) • A 11.5% decrease in the General Fund budget compared to the adjusted 2020 Budget • Proposed CIP Fund in the amount of $13,872,662 • Proposed 2E Fund in the total amount of $3,497,600 • Special Revenue Funds in the amount of $4,531,986 • Proposed budget (all funds) in the amount of $59,510,798 With an overall summary that the total 2021 Proposed Budget, including the General Fund, the CIP Fund, seven special revenue funds, and the 2E Investing 4 the Future Bond Fund, is $59,510,798. The Budget is based on projected revenues of $56,681,062. The beginning fund balance for 2021 is projected at $25,860,836 which brings the total available funds to $82,541,898. This will provide for a projected ending fund balance of $23,031,100. A lengthy and detailed presentation followed, during which Mr. Goff and the executive management team presented the details of our budget proposal for 2021. He thanked the staff for their frugal yet effective performance during the pandemic public health emergency. He also reported that Wheat Ridge received a Distinguished Budget Presentation Award from the professional organization of municipal finance managers and treasurers. Councilmembers had questions and comments: How will the revenues lost during the pandemic rebound? For example, specifically, how quickly will the recreation fees return to their previous levels? Mr. Goff explained that the budget projects the same level of revenue as now through at least the first half of fiscal/calendar 2021. There were other, similar and specific questions about other items in the proposed budget, both revenue and expenditures. Councilmembers thanked all of those who have worked on the budget issues up to now, and in the future. They expressed appreciation for the conservative budget proposed for 2021 given the uncertainties the City faces due to the pandemic, global economic environment and political turmoil. Councilmember Urban asked for a consensus for council to instruct staff to move forward with the 2021 budget as proposed. Consensus attained. 2. Staff Report(s) Nothing further. 3. Elected Officials’ Report(s) Councilmembers Stites and Weaver will hold a District III meeting Saturday, October 10 at 10:30 AM at Louise Turner Park. Councilmembers again thanked staff for their hard work, not only on the budget but also during this trying year. Councilmember Hultin thanked staff for the Boards and Commission recognition event held Tuesday, September 29. ADJOURNMENT The Study Session adjourned at 9: pm. APPROVED BY CITY COUNCIL ON October 12, 2020. Steve Kirkpatrick, City Clerk Janeece Hoppe, Mayor Pro Tem ITEM NO: ____ DATE: October 12, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 18-2020 – AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING SIGN AND LETTER NOTICE REQUIREMENTS FOR QUASI-JUDICIAL PUBLIC HEARINGS (CASE NO. ZOA-20-06) PUBLIC HEARING ORDINANCES FOR 1ST READING (09/28/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (10/12/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ____________________________________ Community Development Director City Manager ISSUE: Requirements for the notice of public hearings are provided in the City Charter and in Chapter 26 of the Code of Laws. This includes notice by sign and letter as well as publication in the newspaper and on the City’s website. The purpose of this code amendment is to modify current practice related to sign and letter notice, specifically: •To increase the number of posted signs required based on frontage length and parcel configuration, and •To increase the letter notice radius from 300 feet to 600 feet for public hearings. PRIOR ACTION: City Council discussed this proposed amendment at a study session on August 3, 2020 and directed staff to move forward with the code amendment. Planning Commission reviewed the proposed ordinance at a public hearing on September 17, 2020 and recommended approval. Meeting minutes from the Planning Commission public hearing are attached. FINANCIAL IMPACT: An increased mailing distance will increase postage costs slightly. 1 Council Action Form – Sign & Letter Notice October 12, 2020 Page 2 BACKGROUND: Public notice is a critical legal requirement for a variety of development-related cases, and notice requirements for public hearings are enumerated in Charter Section 5.10 and Code Section 26-109. The Charter requirements are specific to zone changes, and the code section applies to all quasi-judicial public hearings associated with planning and development items. In combination, Charter Section 5.10 and Code Section 26-109 stipulate four types of notice for public hearings: sign notice, letter notice, publication in a newspaper, and publication on the City’s website. The Code sections have been minimally changed in recent years. The last substantive change to Section 26-109 was in 2014 to increase the number of days for posted and letter notice from 10 days to 15 days. The section was recently updated to provide clarity related to notice for continued and postponed cases. Sign Notice The code currently requires that properties have one sign per street frontage, and said sign(s) must be located within the subject property boundaries. These requirements are common in other jurisdictions as well. The goal of the posted sign notice is to provide visibility to people traveling near the subject property. However, with the wide range of sizes and configurations for development sites in Wheat Ridge, there are mixed results in achieving this goal. The attached ordinance changes the code such that the number of posting signs is required based on the length of the property frontage and parcel configuration. This means the larger the property, the more signs will be posted as shown in the table below. Frontage Length Property Configuration No. of Required Posting signs Up to 200 linear feet Comprised of 1 parcel or lot 1 sign Up to 200 linear feet Comprised of more than 1 parcel or lot 2 signs 200 to 400 linear feet Any number of parcels or lots 2 signs Over 400 linear feet Any number of parcels or lots 1 sign per 400 feet (rounded up) Attachment 2 provides an example of each category, illustrating how the proposed sign requirements would apply to different properties in Wheat Ridge. Council Action Form – Sign & Letter Notice October 12, 2020 Page 3 Letter Notice Letter notice for public hearings is sent to the owners of property within 300 feet of the boundary of the subject property. This distance is on the lower end of the spectrum as compared with other metro area communities. What’s more notable, however, is how this distance compares to the letter notice for neighborhood meetings—a neighborhood meeting mailer has twice the distance with a radius of 600 feet. The attached ordinance changes the code such that letter notice is 600 feet for both types of meetings—neighborhood meeting and public hearings. The table below shows how Wheat Ridge would rank in comparison to other communities by changing the 300-foot distance to 600 feet through this code amendment. Neighborhood Meeting Letter Notice (in feet) Public Hearing Letter Notice (in feet) Aurora abutting abutting same Lakewood 300-500 300-500 same Westminster 300 300 same Arvada 400 400 same Broomfield 500 500 same Golden 500 500 same Wheat Ridge 600 300 600 same Littleton 700 700 same Lafayette 750 750 same Englewood 1000 1000 same Denver 400 200 differs by 200 Commerce City 500 300 differs by 200 For point of reference, a 300-foot distance extends approximately one block in width and a 600-foot distance extends approximately two blocks in width. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 18-2020, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning sign and letter notice requirements for quasi-judicial public hearings, on second reading, and that it takes effect 15 days after final publication.” Or, Council Action Form – Sign & Letter Notice October 12, 2020 Page 4 “I move to postpone indefinitely Council Bill No. 18-2020, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning sign and letter notice requirements for quasi-judicial public hearings, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 18-2020 2. Posting Sign Examples 3. Planning Commission Draft Meeting Minutes (September 17, 2020) ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES COUNCIL BILL NO. 18 ORDINANCE NO. ____ Series 2020 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING SIGN AND LETTER NOTICE REQUIREMENTS FOR QUASI-JUDICIAL PUBLIC HEARINGS WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, the City Council has exercised these powers by the adoption of Chapter 26 of the Wheat Ridge Code of Laws (the “Code”) concerning zoning and development; and WHEREAS, the City places a high value on public notice as a critical legal requirement for public hearings; and WHEREAS, the Council wishes to improve public notice by increasing the number of posting signs required and by increasing the mailing radius for letter notice. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-109.C of the Code of Laws, regarding posted notice procedures for public hearings, is amended to read: C. Posted Notice: At least fifteen (15) days prior to any public hearing for a specific site development which requires approval by the planning commission, board of adjustment or city council, the director of community development shall cause to be prepared, and the applicant shall post, ONE OR MORE SIGNS (AS DETERMINED BY TABLE 1 BELOW) a sign (one (1) per street frontage) upon the parcel PROPERTY under consideration for approval which provides notice of the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by address or approximate address. The sign(S) shall be posted within the property boundaries, shall be affixed to a flat surface, shall measure AT A MINIMUM twenty-two (22) inches in height by twenty-eight (28) inches in width, shall be elevated a minimum of thirty (30) inches from the ground (however, not more than six (6) feet above ground), shall be visible from the street without any obstructions, shall be legible and displayed for fifteen (15) days prior to the public hearing. The sign(S) shall be maintained in good condition by the applicant throughout the fifteen-day posting period. The sign(S) shall be removed within seventy-two (72) hours from the date the public hearing is concluded. The fact that a parcel PROPERTY was not continuously posted the full fifteen (15) days may not, at -2- the discretion of the hearing authority, constitute grounds for continuance where the applicant can show that a good faith effort to meet this posting requirement was made. POSTED NOTICE SHALL BE LOCATED ON ALL STREET FRONTAGES OF THE SUBJECT PROPERTY, AND THE NUMBER OF SIGNS REQUIRED TO BE POSTED ON EACH FRONTAGE SHALL BE BASED ON THE FRONTAGE LENGTH AND BASED ON THE PARCEL CONFIGURATION OF THE SUBJECT PROPERTY AS SHOWN IN TABLE 1: TABLE 1. NUMBER OF REQUIRED POSTING SIGNS FRONTAGE LENGTH PROPERTY CONFIGURATION NO. OF REQUIRED POSTING SIGNS UP TO 200 LINEAR FEET COMPRISED OF 1 PARCEL OR LOT 1 SIGN UP TO 200 LINEAR FEET COMPRISED OF MORE THAN 1 PARCEL OR LOT 2 SIGNS 200 TO 400 LINEAR FEET ANY NUMBER OF PARCELS OR LOTS 2 SIGNS OVER 400 LINEAR FEET ANY NUMBER OF PARCELS OR LOTS 1 SIGN PER 400 FEET (ROUNDED UP) Section 2. Section 26-109.D of the Code of Laws, regarding letter notice procedures for public hearings, to read: D. Letter Notice: At least fifteen (15) days prior to any public hearing which requires notification by letter, the director of community development shall cause to be sent, by first class mail, a letter to adjacent property owners within three SIX hundred (300 600) feet of the property under consideration and to owners of property included within the area under consideration. The letters shall specify the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by address or approximate address. Failure of a property owner to receive a mailed notice will not necessitate the delay of a hearing by the hearing authority and shall not be regarded as constituting inadequate notice. Section 3. 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 4. 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 8 to 0 on this 28th day of September, 2020, ordered published in full in a newspaper of general -3- circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for October 12, 2020 at 7:00 p.m., as a virtual meeting, and that it take effect fifteen (15) days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 12th day of October 2020. SIGNED by the Mayor on this 12th day of October 2020. ______________________________ Bud Starker, Mayor ATTEST: _________________________ Steve Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald Dahl, City Attorney 1st publication: October 1, 2020 2nd publication: October 15, 2020 Jeffco Transcript Effective Date: October 30, 2020 Published: Jeffco Transcript and www.ci.wheatridge.co.us ATTACHMENT 2 (1) 10700 W. 46th Avenue – This property was rezoned in 2020 and had 1 posting sign on the site. The frontage is just under 170 feet and is comprised of a single lot. Under the revised framework, the same 1 sign would be required in the future for a property of this size and configuration. (2) 2810-2816 Benton Street – In 2019, a replat was reviewed by Planning Commission, and 1 sign was posted on the Benton Street frontage. The frontage is 100 feet, but the property was comprised of multiple lots. Under the revised framework, 2 signs would be required to bookend the limits of the property. (3) 4000-4066 Upham – In 2019, this property had several hearings associated with a zone change and plat, and 1 sign was posted for each hearing on the Upham Street frontage. This frontage is 260 feet, but the property is comprised of multiple parcels. Under the revised framework, 2 signs would be required to bookend the limits of the property. (4) 44th & Kipling – This site is currently vacant, but if developed in the future, a subdivision would be necessary. Under the revised framework, if signs were required at one per 400’ of frontage, there would be 3 signs on Kipling and 2 signs on 44th Ave which is more appropriate for a project of this size as compared with the current requirement of 1 sign per frontage. 28th AVE BE NT ON TA BO R 46th AVE KIP LIN G 44th AVE UP HA M Planning Commission Minutes - 1 - September 17, 2020 ATTACHMENT 3 PLANNING COMMISSION Minutes of Meeting September 17, 2020 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Melissa Antol Kristine Disney Will Kerns Ari Krichiver Daniel Larson Scott Ohm Jahi Simbai Commission Members Absent: Janet Leo Staff Members Present: Lauren Mikulak, Planning Manager Tammy Odean, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner SIMBAI and seconded by Commissioner ANTOL to approve the order of the agenda. Motion carried 7-0. 5. APPROVAL OF MINUTES – a) July 2, 2020 It was moved by Commissioner DISNEY and seconded by Commissioner KRICHIVER to approve the minutes of July 2, 2020, as written. Motion carried 6-0-1 with Commissioner KERNS abstaining. Planning Commission Minutes - 2 - September 17, 2020 b) July 16, 2020 It was moved by Commissioner SIMBAI and seconded by Commissioner LARSON to approve the minutes of July 16, 2020, as written. Motion carried 6-0-1 with Commissioner KRICHIVER abstaining. c) August 20, 2020 It was noted that the Vice Chair LARSON opened the August 20 meeting, and the minutes should be amended to reflect such. It was moved by Commissioner LARSON and seconded by Commissioner ANTOL to approve the minutes of August 20, 2020, as amended. Motion carried 6-0-1 with Commissioner OHM abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. ZOA-20-06: an ordinance amending Chapter 26 of the Code of Laws concerning sign and letter notice requirements for quasi-judicial public hearings. Ms. Mikulak gave a short presentation regarding the ordinance concerning sign and letter notice requirements for quasi-judicial public hearings. She stated for the record that this hearing was published in accordance with the Code of Laws and the Planning Commission has jurisdiction to hear this case. Commissioner LARSON asked why this ordinance is being discussed now and if it is an overdue topic. He was also curious if the Public Hearing sign will become larger during the redesign phase. Ms. Mikulak stated that this ordinance is overdue and that City Council brought it up at a Study Session a couple months ago. Regarding the sign inquiry, she mentioned the sign might be a little bit larger and some of the text will be eliminated or shortened. Commissioner KERNS asked to have the distance for noticing letters explained. Ms. Mikulak explained that the distance for a neighborhood meeting is 600 ft. and for a public hearing it is 300 ft. Staff thought it would be better to have them the same distance and to notify the same group each time. Planning Commission Minutes - 3 - September 17, 2020 Commissioner ANTOL wondered why the City wouldn’t notice addresses at a 1000 ft. radius and if there is a State standard. Ms. Mikulak said there is not a State minimum or maximum for noticing. She added that the purpose of noticing is to make sure that the people who will be affected are going to be noticed. Ms. Mikulak mentioned that 500 ft. for noticing is a standard and 600 ft. should be a good fit for the City of Wheat Ridge by reaching approximately two blocks. She reminded the Commissioners that the City triangulates noticing with postings in the Transcript, signs and mailings, which can reach a broad number of people. Commissioner OHM mentioned that higher density can impact distancing and also wondered if the impact of the case could possibly impact the mailing distance. Ms. Mikulak explained that the City does not have much vacant land anymore. She agreed that if there is high density in a noticing area then there will definitely be more residents receiving notices. It is staff’s preference to have a single set mailing distance. There was then discussion regarding the signs. The Commissioners said they would like to see the signs a little bit bigger, continue to be yellow and red in color with simpler text that is in “plain speak” so everyone can understand what the Public Hearing is about. Ihor Figlus, resident 9775 West 36th Avenue Mr. Figlus said he would like to see more noticing and community outreach, the distance for letter noticing increased and the number of signs on the property increased. Vivian Vos, resident 6920 West 47th Place Ms. Vos, would like to see the City utilize Next Door to notify residents and to also increase the noticing distance. Odarka Figlus, resident 10580 West 48th Place Ms. Figlus would like to see the noticing increased to 1000 ft., and thinks the signs should be larger with more on each parcel. She also mentioned the signs should acknowledge the City’s Charter and should be visible to adjacent property owners. She described the challenges of notice at Clear Creek Crossing. Commissioner OHM asked Ms. Mikulak to address some of the concerns. Planning Commission Minutes - 4 - September 17, 2020 In response, Ms. Mikulak mentioned that the Resident Engagement Program (Let’s Talk) will give the City a lot of good information on how the community gets their information; the goal of this ordinance is to have better communication and there may be more changes to notice and communication in the future in response to resident feedback. Council wanted to proactively and quickly improve notice through these changes. Letters will likely continue to be used over social media to ensure recipients have equal access to the information. She added that no one notice type is perfect for all properties, such as at Clear Creek Crossing, but that’s why multiple notice methods are used and why these two notice methods are being improved. Commissioner OHM closed the citizen’s forum. Commissioner DISNEY said she thinks increasing the noticing distance from 300 ft. to 600 ft. is adequate. There are ample ways for a resident to know what is going on in a city of our size. She added that staff has effectively covered all bases for noticing and expressed support for the code change. Commissioner KERNS says he likes the new sign design and thinks 600ft. for distancing is perfect. Commissioner LARSON asked if the QR Code will still be on the sign. Ms. Mikulak confirmed it will still be included, it links to Wheat Ridge Speaks. Commissioner OHM thinks all is a good compromise with sign and distance changes. It was moved by Commissioner LARSON and seconded by Commissioner DISNEY to recommend APPROVAL of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning sig and letter notice requirements for quasi-judicial public hearings. Motion carried 7-0. 8. OLD BUSINESS 9. NEW BUSINESS • Let’s Talk Ms. Mikulak mentioned that Let’s Talk has officially launched in the Bel Aire and East Wheat Ridge areas. There have been updates shared through social media and on whatsupwheatridge.com. The program will concentrate on the Planning Commission Minutes - 5 - September 17, 2020 neighborhoods for approximately 3 months each. There is a live survey on the website and much more information that Ms. Mikulak recommended the Commissioners review and share. • October 1 Planning Commission Meeting There will be two cases to hear at the next meeting of the Planning Commission • Boards and Commission Appreciation Ms. Mikulak reminded the Commissioners to consider attending the Boards and Commission Appreciation Drive-thru night on September 29 at City Hall. This will take place instead of the usual dinner due to COVID-19. 10. ADJOURNMENT It was moved by Commissioner KERNS and seconded by Commissioner LARSON to adjourn the meeting at 8:02 p.m. Motion carried 7-0. __________________________ _______________________________ Scott Ohm, Chair Tammy Odean, Recording Secretary ITEM NO: DATE: October 12, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 49-2020 – A RESOLUTION APPROVING A MAJOR SUBDIVISION PLAT ON PROPERTY ZONED RESIDENTIAL-ONE (R-1) AND LOCATED AT THE NORTHWEST CORNER OF W. 32ND AVENUE AND KIPLING STREET (CASE NO. WS-20-01 / HILLTOP ESTATES) PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a major subdivision for property located at the northwest corner of W. 32nd Avenue and Kipling Street that is 6.85 acres in size. The purpose of this subdivision request is to establish lot lines, tracts, easements, and right-of-way dedication of a new public street for a 14-lot single-family home development, permitted by the Residential-One (R-1) zone district. PRIOR ACTION: Planning Commission heard the request at a public hearing on October 1, 2020 and recommended approval of the major subdivision for the following reasons: 1.All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2.All agencies can provide services to the property with improvements installed at thedeveloper’s expense. 2 Council Action Form – Hilltop Estates Subdivision October 12, 2020 Page 2 Attached is a copy of the Planning Division staff report, which provides a detailed description of the application. Draft meeting minutes from the October 1, 2020 Planning Commission public hearing are also attached. FINANCIAL IMPACT: Fees in the amount of $2,625 were collected for the review and processing of Case No. WS-20- 01. Fees in lieu of parkland dedication in the amount of $2,497.29 per lot ($34,962.06 total) will be due prior to issuance of building permits for each individual lot. Permit fees and use tax will be paid for each building permit and for all site work and right-of-way permits. BACKGROUND: The subject site is located near the northwest corner of W. 32nd Avenue and Kipling Street and is currently vacant. It is zoned Residential-One (R-1), as are all of the properties in the vicinity. The site consists of two parcels, which wrap around the properties at the hard corner, 10001 W. 32nd Avenue and 3250 Hillside Drive. These adjacent properties at the hard corner contain several buildings, including a large home on 10001 W. 32nd Avenue which previously contained a group home for adolescents but is now vacant. The property at 3250 Hillside Drive has a single-family home. The site is bordered to the north by the Rocky Mountain Ditch, the centerline of which is the property line of the subject property. To the north of the ditch is the Overlook Estates Subdivision, which contains single-family homes also zoned R-1. West 32nd Avenue borders the site to the south, and Paramount Heights Subdivision is across the street. Kipling Street borders the site to the east. Crown Hill Park is located on the southeast corner of the intersection of 32nd Avenue and Kipling Street. The subject site is comprised of two unplatted lots. Combined, they are approximately 298,354 square feet (6.85 acres), according to the survey. The site was previously agricultural in nature, containing grazing land and a manmade pond that is generally dry. In recent years, the site has been on and off the market and has been the subject of several development inquiries. Prior to this subdivision application, a different prospective developer held a neighborhood meeting to explore the potential for a zone change for townhomes. Based on site constraints and neighborhood feedback, that proposal never resulted in a formal zone change application. Ultimately, the current applicant purchased the property to develop it under its existing R-1 zoning. Key components of the subdivision are described below. The plat document and additional details are included in the attached Planning Division staff report. Council Action Form – Hilltop Estates Subdivision October 12, 2020 Page 3 The purpose of a subdivision plat is not to review specific site plan or architectural details, but rather to confirm appropriate lot configuration, access, rights-of-way, easements, and utility service to the site in order to create developable parcels for a land use that is already permitted by the underlying zoning. The plat will allow each lot in the subdivision to be sold separately and allow single-family home construction to proceed. Lot Configuration The lot configuration shown on sheet two of the plat shows the proposed development pattern. There will be 14 single-family home lots (Lots 1-14), all of which comply with the R-1 zoning and development standards including the following: • a minimum lot size of 12,500 square feet, • a minimum lot width of 100 feet, • a minimum frontage of 25 feet for flag lots, and • a minimum frontage of 30 feet for cul-de-sac lots. A new public street, Hillside Drive, will provide access to Lots 3-14, intersecting with 32nd Avenue and traveling northeast, ending in a cul-de-sac to the west of Kipling Street. The extended Hillside Drive will align with the existing Hillside Drive to the south across 32nd Avenue. Lots 1-2 will gain access directly from 32nd Avenue, similar to other homes on 32nd Avenue to the south and west. No street access is proposed onto Kipling Street. The lots range in size from 12,500 square feet to 30,000 square feet. The site will also consist of three unbuildable tracts, used for drainage, landscaping, and/or access easements. The tracts will be owned and maintained by the homeowners association. All new development on the site will be required to comply with the R-1 development standards including setbacks, building height, and building coverage. Because of the lot shapes and topography, staff required additional exhibits by which the applicant has demonstrated all lots are developable. Easements Several easements are created by this plat to allow adequate infrastructure, access, and drainage: • Perimeter utility easements around all residential lots • An 8-foot utility and drainage easement along the north side of the lots bordering the Rocky Mountain Ditch, allowing conveyance of water to Tract A without interfering with the flow of the existing ditch • A 30-foot sanitary sewer and utility easement along the southern portions of Lots 1-3, allowing those lots to access new utilities on Hillside Drive (required by Westridge Sanitation) • A 30-foot sanitary sewer and utility easement connecting the cul-de-sac to Kipling Street through Lots 12 and 13 • An 8-foot pedestrian access easement between Lots 11 and 12, allowing a pedestrian connection from Hillside Drive to Kipling Street Council Action Form – Hilltop Estates Subdivision October 12, 2020 Page 4 • A monument sign easement in the corner of Lot 3 to allow for the construction of a small subdivision monument sign • An easement along the banks of the Rocky Mountain Ditch is being negotiated with the ditch company to allow them access to maintain the ditch, and to provide a buffer Required Agreements The applicant is responsible for installing several public improvements: • Upgrade of the existing sidewalk on 32nd Avenue from 4 to 6 feet to meet current City standards, and upgrade of the existing street lights. • A 6-foot detached sidewalk and 6-foot landscaped amenity zone along the Kipling Street frontage, including street trees, street lights, and pedestrian lights. This detached walk will tie into a new 5.5-foot attached sidewalk along the 10001 W. 32nd Avenue property which will in turn connect to the curb ramps at the corner of 32nd Avenue and Kipling. • A new public street (Hillside Drive) which will be built to the City’s local street section and include a 5-foot attached sidewalk on both sides. • A 5-foot sidewalk connecting the cul-de-sac of Hillside Drive to Kipling Street. These obligations will be memorialized in a Subdivision Improvement Agreement (SIA) between the City and developer. The SIA dictates construction and maintenance responsibilities as well as the timing of permit issuance relative to the completion of public improvements. A condition of approval is included to this effect. Drainage Water detention is being accommodated in a facility in Tract A which serves as a stormwater drainage easement. The HOA will be responsible for maintenance. The site is not permitted to drain into the Rocky Mountain Ditch, so a separate parallel drainage pipe with inlets is being installed in the drainage easement along the north side of the lots that border the ditch. Stormwater will be routed into an underground basin at the northeast corner of the property in Tract A and then it will be treated and released into the existing storm sewer system on Kipling Street. RECOMMENDATIONS: A subdivision plat is a technical document and review is a ministerial action. The plat complies with the requirements of the subdivision regulations (Article VII in Chapter 26 of the Municipal Code) and is consistent with the Residential-One (R-1) zoning requirements. For that reason, staff is recommending approval of the request. RECOMMENDED MOTION: “I move to approve Resolution No. 49-2020, a resolution approving a major subdivision plat on property zoned Residential-One (R-1) and located at the northwest corner of W. 32nd Avenue and Kipling Street for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. Council Action Form – Hilltop Estates Subdivision October 12, 2020 Page 5 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense. and with the following conditions: 1. The applicant shall pay the required fees-in-lieu of parkland dedication at time of building permit for each individual lot. 2. The developer shall enter into a Subdivision Improvement Agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide owner association covenants for review by staff. Or, “I move to deny Resolution No. 49-2020, a resolution approving a major subdivision plat on property zoned Residential-One (R-1) and located at the northwest corner of W. 32nd Avenue and Kipling Street for the following reasons: 1. 2. 3. ” REPORT PREPARED/REVIEWED BY: Scott Cutler, Planner II Lauren Mikulak, Planning Manager Ken Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 49-2020 2. Planning Division Staff Report with Plat Document 3. Planning Commission Draft Meeting Minutes ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 49 Series of 2020 TITLE: A RESOLUTION APPROVING A MAJOR SUBDIVISION PLAT ON PROPERTY ZONED RESIDENTIAL-ONE (R-1) AND LOCATED AT THE NORTHWEST CORNER OF W. 32ND AVENUE AND KIPLING STREET (CASE NO. WS-20-01 / HILLTOP ESTATES SUBDIVSION) WHEREAS, Chapter 26, Article IV of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of subdivision plats; and, WHEREAS, an application for a subdivision plat with right-of-way dedication was received from Brad Weiman to subdivide property located at the northwest corner of W. 32nd Avenue and Kipling Street in the Residential-One (R-1) zone district; and, WHEREAS, all referral agencies have reviewed the request and can serve the property; and, WHEREAS, the Planning Commission has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws and forwarded its recommendation of approval; and, WHEREAS, the City Council has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: A MAJOR SUBDIVISION PLAT FOR PROPERTY ZONED RESIDENTIAL-ONE (R-1) LOCATED AT THE NORTHWEST CORNER OF W. 32ND AVENUE AND KIPLING STREET IS HEREBY APPROVED FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing, meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense. And, with the following conditions: 1. The applicant shall pay the required fees-in-lieu of parkland dedication at time of building permit for each individual lot. 2. The developer shall enter into a Subdivision Improvement Agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide owner association covenants for review by staff. DONE AND RESOLVED by the City Council this 12th day of October, 2020. _____________________________ Bud Starker, Mayor ATTEST: ___________________________ Steve Kirkpatrick, City Clerk Planning Commission 1Case No. WS-20-01 / Hilltop Estates CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: October 1, 2020 (Planning Commission) / October 12, 2020 (City Council) CASE MANAGER: Scott Cutler CASE NO. & NAME: WS-20-01 / Hilltop Estates ACTION REQUESTED: Request for approval of a 14-lot major subdivision. LOCATION OF REQUEST: Vacant land at NWC 32nd Avenue and Kipling Street APPLICANT/OWNER (S): Work Shop Holdings LLC (Brad Weiman) APPROXIMATE AREA: 298,354 sf (6.85 acres) PRESENT ZONING: Residential-One (R-1) PRESENT LAND USE: Vacant ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)SUBDIVISION REGULATIONS(X)DIGITAL PRESENTATION Location Map Site ATTACHMENT 2 Planning Commission 2 Case No. WS-20-01 / Hilltop Estates JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. WS-20-01 is an application for a major subdivision on property located at the northwest corner of W. 32nd Avenue and Kipling Street. The property is vacant and wraps around the properties at the hard corner of the intersection (10001 W. 32nd Avenue and 3250 Hillside Drive). In the proposed subdivision design, there are 14 lots proposed for single-family homes, plus three tracts for open space, drainage, and/or easements. Access, utility, and drainage easements are also included in the subdivision plat. Based on the number of lots created and the dedication of a new public street, this request is considered a major subdivision, which requires Planning Commission to make a recommendation to City Council who is the final authority for approval. The purpose of a subdivision plat is not to review specific site plan details, but rather to confirm appropriate lot configuration, access, rights-of-way, easements, and utility service to the site in order to create developable parcels for a land use that is already permitted by the underlying zoning. The plat will allow each lot in the subdivision to be sold separately and to allow single-family home construction to proceed. Civil construction documents are under review by the Engineering Division. A landscape plan for the open space tracts is under review by the Planning Division. Those are not reviewed by Planning Commission or City Council as part of the subdivision application. II. EXISTING CONDITIONS The subject site is located near the northwest corner of W. 32nd Avenue and Kipling Street and is currently vacant (Exhibit 1, Aerial). It is zoned Residential-One (R-1), as are all of the properties in the vicinity (Exhibit 2, Zoning). The site consists of two parcels, which wrap around the properties at the hard corner, 10001 W. 32nd Avenue and 3250 Hillside Drive. These adjacent properties at the hard corner contain several buildings, including a large home on 10001 W. 32nd Avenue which previously contained an institutional use. The 3250 Hillside Drive property has a single-family home. The site is bordered to the north by the Rocky Mountain Ditch, the centerline of which is the property line. To the north of the ditch is the Overlook Estates Subdivision, which contains single-family homes also zoned R-1. West 32nd Avenue borders the site to the south, and Paramount Heights Subdivision is across the street. Kipling Street borders the site to the east. Crown Hill Park is located on the southeast corner of the intersection of 32nd Avenue and Kipling Street. The subject site is comprised of two unplatted lots. Combined, they are approximately 298,354 square feet (6.85 acres), according to the survey. The site was previously agricultural in nature, containing grazing land and a manmade pond that is generally dry. In recent years, the site has been on and off the market and has been the subject of several development inquiries. Prior to this subdivision application, a different prospective developer held a neighborhood meeting to explore the potential for a zone change for townhomes. Based on site constraints and neighborhood feedback, that proposal never resulted in a formal zone change application. Ultimately, the current applicant purchased the property to develop it under its existing R-1 zoning. Planning Commission 3 Case No. WS-20-01 / Hilltop Estates III. PROPOSED SUBDIVISION PLAT Plat Document The proposed plat document consists of two pages (Exhibit 3, Hilltop Estates Subdivision). The first page includes a legal description of the property; signature blocks for the owners, City, surveyor and County; standard declarations and notes; and the data table. The second page includes the plat map which shows the proposed property lines and easements. Lot Configuration The lot configuration corresponds to the proposed development pattern. There will be 14 single-family home lots (Lots 1-14), all of which comply with the R-1 zoning and development standards including the following: • a minimum lot size of 12,500 square feet, • a minimum lot width of 100 feet, • a minimum frontage of 25 feet for flag lots, and • a minimum frontage of 30 feet for cul-de-sac lots. A new public street, Hillside Drive, will provide access to Lots 3-14, intersecting with 32nd Avenue and traveling northeast, ending in a cul-de-sac to the west of Kipling Street. The extended Hillside Drive will align with the existing Hillside Drive to the south across 32nd Avenue. Lots 1-2 will gain access directly from 32nd Avenue, similar to the homes across 32nd Avenue to the south. No street access is proposed onto Kipling Street. The lots range in size from 12,500 square feet to 30,000 square feet. The site will consist of three unbuildable tracts used for different purposes, and maintained by the homeowners association: • Tract A contains underground drainage facilities and landscaping for stormwater detention and water quality purposes. • Tract B provides access to the existing home/property at 3250 Hillside Drive. Much of this tract consists of an existing driveway across the subject site to access the home, and this condition is proposed to remain. • Tract C serves as a landscape buffer between the street and Rocky Mountain Ditch. All new development on the site will be required to comply with the R-1 development standards including setbacks, building height, and building coverage. The applicant has demonstrated all lots are developable. Easements Several easements are created by this plat to allow adequate infrastructure, access, and drainage: • Perimeter utility easements around all residential lots • An 8-foot utility and drainage easement along the north side of the lots bordering the Rocky Mountain Ditch, allowing conveyance of water to Tract A without interfering with the flow of the existing ditch • A 30-foot sanitary sewer and utility easement along the southern portions of Lots 1-3, allowing those lots to access new utilities on Hillside Drive (required by Westridge Sanitation) • A 30-foot sanitary sewer and utility easement connecting the cul-de-sac to Kipling Street through Lots 12 and 13 • An 8-foot pedestrian access easement between Lots 11 and 12, allowing a pedestrian connection from Hillside Drive to Kipling Street Planning Commission 4 Case No. WS-20-01 / Hilltop Estates • A monument sign easement in the corner of Lot 3 to allow for the construction of a small subdivision monument sign • An easement along the banks of the Rocky Mountain Ditch is being negotiated with the ditch company to allow them access to maintain the ditch, and to provide a buffer Public Improvements The developer will construct public improvements along the 32nd Avenue and Kipling Street frontages, as well as construct the new Hillside Drive to current City standards with 5-foot attached sidewalks and street lighting. The existing sidewalk on 32nd Avenue will be widened from 4 feet to 6 feet to meet current City standards. Street lights will also be upgraded on this frontage. The Streetscape Design Manual calls for 6-foot detached sidewalks along 32nd Avenue; however, existing conditions along the rest of 32nd Avenue and the presence of a large retaining wall to the north of the sidewalk make a detached walk infeasible. A 6-foot attached walk is wider than existing conditions and matches other residential developments west of Kipling on 32nd Avenue have also built 6-foot attached sidewalks. Such waiver is permitted by the subdivision regulations where unique physical circumstances exist, in this case exceptional topographic conditions and the presence of the irrigation ditch. A 6-foot detached sidewalk and a 6-foot landscaped amenity zone will be constructed on the Kipling Street frontage, including street trees, street lights, and pedestrian lights, per the Streetscape Design Manual. This detached walk will tie in to a new 5.5-foot attached sidewalk along the 10001 W. 32nd Avenue property, which will in turn tie into the curb ramps at the corner of 32nd and Kipling. The developer is constructing this 5.5-foot attached portion along that property so there is not a sidewalk gap created by this project. If the property at 10001 W. 32nd Avenue redevelops in the future, the sidewalk would be upgraded to a 6-foot detached sidewalk and 6-foot amenity zone to match. A 5-foot wide sidewalk will be constructed connecting the sidewalk around the cul-de-sac of Hillside Drive to the sidewalk on Kipling Street, located in a pedestrian access easement. This provides a much-needed pedestrian connection from the development to Kipling Street. A Subdivision Improvement Agreement (SIA) will ensure all improvements in the public right-of-way and other on-site improvements necessary for the site to function, such as drainage facilities, are in place prior to Certificate of Occupancy for each building. The SIA dictates construction and maintenance responsibilities as well as the timing of permit issuance relative to completion of the public improvements. Drainage Water detention is being accommodated in a facility in Tract A which serves as a stormwater drainage easement. The HOA will be responsible for maintenance. The site is not permitted to drain into the Rocky Mountain Ditch, so a separate parallel drainage pipe with inlets is being installed in the drainage easement along the north side of the lots that border the ditch. Stormwater will be routed into an underground basin at the northeast corner of the property in Tract A and then it will be treated and released into the existing storm sewer system on Kipling Street. Parkland Dedication The subdivision regulations include a parkland dedication requirement for all residential development based on the assumption that additional residents in the City will impact the demand for parks and Planning Commission 5 Case No. WS-20-01 / Hilltop Estates open space. When land is not dedicated for a public park, a fee is required in lieu. Per Code and Council Resolution, this fee is $2,497.29 per unit in a single-family development, paid at time of building permit issuance for each individual lot. A total of 14 residential units will be added, for a total fee of $34,962.06. IV. AGENCY REFERRALS All affected service agencies were contacted for comment on the subdivision plat regarding the ability to serve the property. Specific referral responses follow. Wheat Ridge Engineering Division: The plat is approvable. Civil Construction documents and landscape documents are under review and must be approved prior to construction or issuance of building permits. Wheat Ridge Building Division: No comments at this time. Building permits will be reviewed for compliance with current building codes. West Metro Fire Protection District: No remaining comments. Can serve all lots. Westridge Sanitation District: No remaining comments. The applicant is working with the district to establish service and new main locations/connections. Consolidated Mutual Water District: No remaining comments. Applicant to set up service. Xcel Energy: Utility easements established to provide service to all lots. Applicant to work with Xcel to establish service. Century Link: No concerns. Comcast: No concerns. Rocky Mountain Ditch Company: The applicant is working with the ditch company to record an easement to allow the ditch company access. The easement location is approved. The reception number of this easement document will be added to the plat upon recordation. Colorado Department of Transportation: Permit applications for work in Kipling Street (CDOT right-of-way) are under review. No concerns. V. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff has concluded that the proposed subdivision plat results in a logical lot layout. Staff further concludes that the subdivision plat complies with the standards in Article IV of the City Code (subdivision regulations) and that all utility agencies can continue to serve the property. The plat will allow the development of each lot to proceed with construction. For these reasons, staff recommends approval of the subdivision plat. Planning Commission 6 Case No. WS-20-01 / Hilltop Estates VI. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WS-20-01, a request for approval of a major subdivision on property located at the northwest corner of W. 32nd Avenue and Kipling Street and zoned Residential-One (R-1), for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense. With the following conditions: 1. The applicant shall pay the required fees-in-lieu of parkland dedication at time of building permit for each individual lot. 2. The developer shall enter into a Subdivision Improvement Agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide homeowner association covenants for review by staff. Option B:“I move to recommend DENIAL of Case No. WS-20-01, a request for approval of a major subdivision on property located at the northwest corner of W. 32nd Avenue and Kipling Street and zoned Residential-One (R-1), for the following reasons: 1. ...” Planning Commission 7 Case No. WS-20-01 / Hilltop Estates EXHIBIT 1: AERIAL (2018) Planning Commission 8 Case No. WS-20-01 / Hilltop Estates EXHIBIT 2: ZONING MAP Planning Commission 9 Case No. WS-20-01 / Hilltop Estates Attached as an 11x17 document on the following page. EXHIBIT 3: HILLTOP ESTATES SUBDIVISION ” ” ” G:\Shared drives\Projects\2019\BB19-002 - 32nd & Kipling\SURVEY\HILLSIDE PLAT 1.dwg, 9/10/2020 4:50:52 PM, PDF.pc3,1:30 R O C K Y M O U N T A I N D I T C H O V E R L O O K E S T A T E S R N 5 8 7 1 4 1 6 4 Z O N E D R - 1 ROCKYMOUNTAIN DITCH T R A C T B 1 0 , 3 6 6 S Q F T 0 . 2 3 8 0 A C L O T 8 1 2 , 6 9 8 S Q F T 0 . 2 9 1 5 A C LOT 124,516 SQ FT0.5628 AC L O T 2 1 5 , 3 6 7 S Q F T 0 . 3 5 2 8 A C L O T 5 1 5 , 5 4 7 S Q F T 0 . 3 5 6 9 A C L O T 1 0 3 0 , 6 9 4 S Q F T 0 . 7 0 4 6 A C L O T 6 1 4 , 3 4 4 S Q F T 0 . 3 2 9 3 A C L O T 9 1 2 , 5 4 8 S Q F T 0 . 2 8 8 1 A C H I L L S I D E D R . 4 3 , 1 4 1 S Q F T 0 . 9 9 0 4 A C T R A C T C 1 0 , 3 3 8 S Q F T 0 . 2 3 7 3 A C L O T 7 1 2 , 7 9 3 S Q F T 0 . 2 9 3 7 A C L O T 1 4 1 3 , 0 9 9 S Q F T 0 . 3 0 0 7 A C L O T 1 3 1 3 , 6 5 5 S Q F T 0 . 3 1 3 5 A C L O T 1 2 1 2 , 5 1 3 S Q F T 0 . 2 8 7 3 A C L O T 3 1 5 , 8 0 0 S Q F T 0 . 3 6 2 7 A C L O T 1 1 1 4 , 3 8 6 S Q F T 0 . 3 3 0 3 A C L O T 4 1 6 , 5 1 1 S Q F T 0 . 3 7 9 1 A C T R A C T A 1 0 , 0 3 9 S Q F T 0 . 2 3 0 5 A C 3 0 ' R O W J E F F E R S O N C O U N T Y ( B 5 9 8 - P 4 7 0 ) W. 33RD A V E . MILLER ST. HILL S I D E D R . LEGENDG:\Shared drives\Projects\2019\BB19-002 - 32nd & Kipling\SURVEY\PLAT Sht 2.dwg, 9/10/2020 9:36:05 PM, PDF.pc3,1:1 Planning Commission Minutes - 1 –October 1, 2020 PLANNING COMMISSION Minutes of Meeting October 1, 2020 1.CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2.ROLL CALL OF MEMBERS Commission Members Present:Melissa Antol Kristine Disney Will Kerns Ari Krichiver Daniel Larson Janet Leo Scott Ohm Jahi Simbai Commission Members Absent: None Staff Members Present: Lauren Mikulak, Planning Manager Scott Cutler, Planner II Jordan Jefferies, Civil Engineer II Gerald Dahl, City Attorney Tammy Odean, Recording Secretary 3.PLEDGE OF ALLEGIANCE 4.APPROVE ORDER OF THE AGENDA It was moved by Commissioner LARSON and seconded by Commissioner LEO toapprove the order of the agenda. Motion carried 8-0. 5.APPROVAL OF MINUTES – September 17, 2020 It was moved by Commissioner DISNEY and seconded by Commissioner LARSONto approve the minutes of September 17, 2020, as written. Motion carried 7-0-1with Commissioner LEO abstaining. ATTACHMENT 3 Planning Commission Minutes - 2 –October 1, 2020 6.PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 7.PUBLIC HEARING A.Case No. WS-20-01: an application filed by Brad Weiman for approval of a 14-lotsubdivision in the Residential-One (R-1) zone district and dedication of right-of-way for a proposed new public street. Mr. Cutler gave a short presentation regarding the subdivision and the application.He entered into the record the contents of the case file, packet materials, the zoningordinance, and the contents of the digital presentation. He stated the public noticeand posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner DISNEY asked if Lot 10 is developable given its odd shape andnoted that she had no other concerns. Nathan Laudick, Civil Engineer for Developer Mr. Laudick explained that lot 10 will have a long driveway and the house will sitcloser to Kipling on the wider part of the lot. A concept floor plan has alreadybeen presented to the Planning Department for Lot 10 and others to demonstrate they are developable. Commissioner LEO asked about the anticipated cost of the homes. Mr. Laudick said depending on the lot location and view anywhere from $800,000 to $1 million for a custom built home. Commissioner SIMBAI asked about 10001 W. 32nd Avenue that was previously agroup home and wondered if it is inhabited. Ms. Mikulak explained it historically was a group home for adolescents and had a Special Use Permit for many years, but it was vacated 8-10 years ago as a grouphome. She added that a couple of developers have approached that property tocombine it with the subject property but nothing has come to fruition. Commissioner SIMBAI then asked about Tract B and the current house that is there. Mr. Laudick said Tract B is an existing easement that benefits a home on theneighboring property. The applicants are not improving Tract B and maintenance Planning Commission Minutes - 3 – October 1, 2020 of the Tract B access will be the responsibility the neighboring homeowner. He added there are discussions of the owner of 10001 W. 32nd Avenue taking ownership of Tract B but no firm conclusion yet and they are in support of the project. Commissioner SIMBAI then asked for an explanation of the sidewalk improvements on Kipling Street and at 32nd Avenue. Mr. Cutler explained that the 6ft. sidewalk and amenity zone is being constructed adjacent to the subject project along Kipling Street. For the segment on Kipling between 32nd Avenue and the subject property, but adjacent to the property at 10001, there will be a 5.5ft sidewalk built so there is no gap in sidewalk to the intersection. He added the City cannot acquire property for additional right-of-way because the property at 10001 is not a part of the project. Commissioner ANTOL asked what the distance of the new Hillside Drive will be from Kipling Street and if it is in compliance for spacing. She also asked for confirmation on the maximum height in the R-1 zone district and asked if the drainage plan could be explained. Ms. Mikulak said the distance is approximately 500ft. to the center line of Hillside from Kipling Street and confirmed it meets all spacing requirements. Mr. Cutler added that the height maximum is 35ft. which is City-wide in all residential zone districts. Regarding the drainage question, Mr. Cutler said the runoff cannot drain into the Rocky Mountain Ditch and will be diverted to a facility in Tract A then into an existing storm sewer system on Kipling Street. Commissioner LARSON asked how the steepness on the site will affect water runoff. Mr. Cutler described the site as being the steepest by the 10001 W. 32nd Avenue house and less steep by the ditch. Mr. Jefferies added that the runoff should not be an issue and further detailed the drainage design: there will be swales in-between individual lots and a storm sewer system that parallels the ditch and will be direct to the underground detention system then to the CDOT storm sewer system in Kipling Street. Ms. Mikulak added the pipe that will capture the runoff is 18-36 inches in diameter. The slopes on this site are similar to the properties on the east side of Kipling. Commissioner KERNS how Lot 12 will be accessed. Mr. Cutler mentioned it is a cul-de-sac lot which is wedge shaped but has direct street access; the driveway can and will cross an easement. Commissioner KRICHIVER asked if vegetation currently on the property will be retained. Planning Commission Minutes - 4 – October 1, 2020 Mr. Laudick explained that where vegetation can be preserved, it will, but added that they are required to remove the trees along the bank of the ditch by the ditch company. Mr. Krichiver then asked if there is a plan for noise reduction from Kipling Street and 32nd Avenue. Mr. Cutler and Mr. Laudick mentioned there is no requirement from the City for noise mitigation and the plan is to put trees and a fence along Kipling Street. Commissioner OHM inquired about the property lines for the Overlook Subdivision and if they go to the center line of the ditch and if the 30ft. easement is also on their properties. Ms. Mikulak and Mr. Cutler confirmed this to be true and added the Rocky Mountain Ditch Company has discretion to make the easement as large as they want and that all the fences are usually outside of the easement. Commissioner OHM asked if cottonwood trees are allowed to be planted in the City of Wheat Ridge anymore. Ms. Mikulak said they are prohibited and Mr. Laudick mentioned the cottonwood trees are the trees that are required to be removed by the Rocky Mountain Ditch Company. Commissioner Ohm inquired about any wetlands being on this property. Ms. Mikulak said there are no federally regulated wetlands on this property. Commissioner SIMBAI was curious how Lots 1 and 2 will access 32nd Avenue. Mr. Cutler explained they will be direct driveway connections from 32nd Avenue, but do not know the exact layout yet. Public Comment: Scott Abel, resident 10270 W. 33rd Avenue Mr. Abel asked if there will be privacy fence on the south side of ditch for the new development. He also wanted confirmation from the applicant that care will be taken with the ditch during construction and after since it is in his backyard and he would like to know how the ditch erosion will be dealt with. Planning Commission Minutes - 5 – October 1, 2020 Michelle Cotton, resident 10310 W. 33rd Avenue Ms. Cotton had concerns about the sidewalks on the corner of 32nd and Kipling and their width on the busy streets. She also wanted to know if the lot sizes include the ditch easements. She mentioned she is a shareholder in the Rocky Mountain Ditch and was curious about the mitigation process of the trees around the ditch. Syrma Cominez, resident 10270 W. 33rd Avenue Ms. Cominez had concerns about the grading of the property and how it will affect the erosion by the ditch. Stan Koniz, resident 10100 W. 33rd Avenue Mr. Koniz inquired about how much dirt would be used to fill in the pond and help grade the land. Melody Mascarenaz, resident 62 Hillside Ms. Mascarenaz’s concerns are higher levels of traffic so she would like to see a deceleration lane turning right onto Hillside Drive. She added she is also worried about construction congestion. Steve & Aneta Storvik 59 Hillside Mr. & Mrs. Stovic’s concerns include increased traffic in the area and the possible loss of their view due to the height of the homes that will be across the 32nd Avenue. Commissioner OHM closed the citizen’s forum and asked staff and the applicant to respond to public comment. • Grading, ditch bank erosion Mr. Laudick said there will be improvements to the southern side of the ditch bank which are required by the ditch company; it will be graded back to make it more stable and will be replanted and irrigated which will help the erosion factor. Mr. Laudick added that the internal part of the site is limited to 25% or 4 to 1 slopes to prevent erosion. During construction they will utilize best management practices (BMPs) to help with erosion as well. He mentioned there will be approximately 10,000 cubic yards of dirt Planning Commission Minutes - 6 – October 1, 2020 brought in over a 60 day period to help bring the level of the front houses even with 32nd Avenue, an average of 10 trucks per day. Mr. Cutler added that terracing will be done so not all the lots will be raised to the level of 32nd Avenue. He also explained the connection of the sidewalks along the property boundaries (new and old) and how a retaining wall along 32nd Avenue will be cut back to widen a sidewalk. • Traffic report and deceleration lane on west bound 32nd Avenue Mr. Jefferies explained that this subdivision does not meet the City’s threshold to warrant a full traffic report because it is only 14 units. He also mentioned that a deceleration lane will not be warranted due to the small number of new residential units compared to existing traffic volumes. • Property line and easements along the ditch, height limit Ms. Mikulak reiterated that the property lines go to the center line of the ditch and there is an easement which cannot be built in so the backyard setback will effectively be 30ft., adding that there is a 25% maximum building coverage so there is no impact on how the site can be developed. Ms. Mikulak also mentioned that the height limit in any zone district in the City of Wheat Ridge is 35ft. so the impact on views should not be severe considering the grade of the property. She added that there are no view shed ordinances in Wheat Ridge. Mr. Cutler added that the homes on the south side of 32nd Avenue are built into the hill and are higher than 32nd Avenue, whereas the first floor of the new homes will be lower than 32nd Avenue. He also mentioned that it will be up to each individual property owners to build a fence along the ditch line. Commissioner SIMBAI referenced a comment from Wheat Ridge Speaks and asked for parkland dedication and impact fees to be explained. Ms. Mikulak said that the City assesses parkland dedication or fees in lieu for all new residential development based on the assumption that added residents created added demand. New residents create demand on other services as well such as public safety and storm water facilities, but the City does not have other impact fees. Impact fees are permitted by state statute and could be assessed for other services at the policy direction of Council. Commissioner LARSON asked about the slope of Hillside Drive and if there will be ice and snow issues. Mr. Laudick explained that once off 32nd Avenue the road levels off at a 2.5% grade and has a maximum of 8% grade. Ms. Mikulak added the street has a similar grade to all other north/south streets in the area. In response to comment Planning Commission Minutes - 7 – October 1, 2020 from Commissioner LARSON she clarified that the street will be plowed by the City depending on the amount of snow that falls but HOAs are not permitted to plow public streets. Commissioner OHM said he is happy to see the cottonwood trees being removed and hopes that bikers and cars on 32nd will drive and ride safely. Commissioner DISNEY noted that she was aware of the controversy surrounding past proposals for the property which included more density, and she thinks the developer has addressed the community’s issues and delivered what the neighbors requested with high quality single family homes under the existing zoning. It was moved by Commissioner DISNEY and seconded by Commissioner SIMBAI to recommend APPROVAL of Case No. WS-20-01, a request for approval of a major subdivision on property located at the northwest corner of W. 32nd Avenue and Kipling Street and zoned Residential-One (R-1), for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense. With the following conditions: 1. The applicant shall pay the required fees-in-lieu of parkland dedication at time of building permit for each individual lot. 2. The developer shall enter into a Subdivision Improvement Agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide homeowner association covenants for review by staff. Motion carried 8-0. ITEM NO: DATE: October 12, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 19-2020 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WEST I-70 FRONTAGE ROAD NORTH AND WARD ROAD FROM AGRICULTURAL-TWO (A-2) TO PLANNED MIXED USE DEVELOPMENT (PMUD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-19-03 / WARD ROAD POND) PUBLIC HEARING ORDINANCES FOR 1ST READING (10/12/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (11/09/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ____________________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Agricultural-Two (A-2) to Planned Mixed Use Development (PMUD) with an Outline Development Plan for property located at the southeast corner of W. I-70 Frontage Road North and Ward Road. The zone change will allow for a variety of commercial, residential, and recreational uses on the property. PRIOR ACTION: Planning Commission heard the request at a public hearing on October 1, 2020 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading. FINANCIAL IMPACT: Fees in the amount of $3,641.63 were collected for the review and processing of Case No. WZ-19-03. If the development advances, next steps would include a Specific Development Plan, 3 Council Action Form – Rezoning Property at Ward Road Pond from A-2 to PMUD October 12, 2020 Page 2 subdivision, and building permits; review fees, use tax, and parkland dedication fees would be paid as part of those processes. BACKGROUND: The subject property is located at the southeast corner of the I-70 Frontage Road North and Ward Road, bordering Interstate 70 to the south, Ward Road to the west, I-70 Frontage Road to the north, and an adjacent pond property to the east. The property is approximately 22.73 acres and is currently vacant, largely consisting of a pond commonly referred to as Ward Road Pond. Surrounding Land Uses Surrounding properties include a variety of land uses and zoning. Across Ward Road to the west are several properties zoned Commercial-One (C-1) including a large Kaiser Permanente office and four additional office/flex buildings. Across the frontage road to the north are several properties zoned Industrial Employment (I-E). To the east is the adjacent pond property, which is zoned PID and part of the larger Lakemont Center PID which includes the development to the north of the frontage road in that area. The adjacent pond property has not developed but is zoned for a variety of uses including hotel and commercial. To the south is I-70 and the off-ramp to Ward Road. The Wheat Ridge ∙ Ward commuter rail station for the RTD G Line is located approximately a ½ mile walk away from the subject site. That distance will be reduced further when the City completes the trail and pedestrian bridge on the west side of Lakemont Center connecting the frontage road directly to the station. Current and Proposed Zoning The property is currently zoned Agricultural-Two (A-2), which predates the City’s incorporation. The A-2 zoning allows estate lot residential uses and agricultural uses only. Because the site exceeds one (1) acre in size, the only zone change option is to a planned development or to a mixed-use straight zone district. In this case, the site has unique characteristics, including steep topography, three street frontages, and a pond; so a planned development is the most appropriate option The proposed Planned Mixed Use Development (PMUD) ODP would split the site into two “planning areas.” Planning Area 1 (PA-1) will be located on the land adjacent to the corner of the frontage road and Ward Road and will be approximately 5 acres. Planning Area 2 (PA-2) will contain the balance of the site, including the pond, some of its banks, and the spit of land on the east side of the pond, totaling nearly 18 acres. The dividing line between the two planning areas is the approximate location of one of the ditches that traverses the site on the slope, traveling from the southwest to the northeast. Uses permitted by the ODP vary depending on the planning area. PA-1 allows a wide variety of uses, including residential, public, commercial, hospitality, and offices. PA-2 does not allow Council Action Form – Rezoning Property at Ward Road Pond from A-2 to PMUD October 12, 2020 Page 3 residential uses but would also allow the sale of boats to take advantage of the water surrounding the developable land. The full list of uses are shown on page 2 of the ODP document. With the ½-mile proximity to the transit station, the list of permitted uses was developed using the MU-C TOD zone district as a basis and with some modifications. The ODP prohibits drive-thrus from both planning areas. Industrial uses are also prohibited. Outdoor storage in association with recreational/retail uses is permitted in PA-2, with limitations. The permitted uses seek to balance the site’s proximity to transit, access to water, visibility from the interstate, and adjacency to a state highway. A complete analysis of the zone change criteria and the ODP will be included with the ordinance for second reading in the Planning Division staff report. Related Applications Rezoning to a planned development in the City of Wheat Ridge entails approval of two documents. The first is the Outline Development Plan, which, if approved, changes the zoning designation on the land, establishes allowed uses and development standards for the property, and establishes access configurations for vehicles, pedestrians, and bicycles. The second document is the Specific Development Plan (SDP), which focuses on specific details of a development such as site design, architecture, landscaping, and drainage design. Section 26-302 of the Municipal Code allows for concurrent or sequential applications for the ODP and SDP, and also allows for concurrent review of the SDP and plat. In this case, the applicant is requesting sequential review of the ODP and SDP. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. Rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26- 112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Division Staff Report and Planning Commission meeting minutes will be included in the City Council packet for the public hearing. Council Action Form – Rezoning Property at Ward Road Pond from A-2 to PMUD October 12, 2020 Page 4 RECOMMENDED MOTION: “I move to approve Council Bill No. 19-2020, an ordinance approving the rezoning of property located at the southeast corner of West I-70 Frontage Road North and Ward Road from Agricultural-Two (A-2) to Planned Mixed Use Development (PMUD) with an Outline Development Plan (ODP), on first reading for the sole purpose of ordering it published for a public hearing set for November 9, 2020 at 7 p.m. as a virtual meeting, and, if adopted, that it take effect 15 days after final publication.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Planner II Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 19-2020 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _________ COUNCIL BILL NO. 19 ORDINANCE NO. _________ Series of 2020 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WEST I-70 FRONTAGE ROAD NORTH AND WARD ROAD FROM AGRICULTURAL-TWO (A-2) TO PLANNED MIXED USE DEVELOPMENT (PMUD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-19-03 / WARD ROAD POND) 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, JMS Lake Holdings LLC submitted a land use application for approval of a zone change to the Planned Mixed Use Development (PMUD) District for property at the southeast corner of W. I-70 Frontage Road North and Ward Road; and, WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Northwest Subarea Plan, and TOD vision documents which call for transit supportive uses including residential development to support the viability of nearby businesses and employers, and recreational and commercial employment uses; and, WHEREAS, the proposed development is compatible with the surrounding area, balances the site’s proximity to transit, access to water, visibility from the interstate, and adjacency to a state highway, and complies with the comprehensive plan; and, WHEREAS, the zone change criteria support the request; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on October 1, 2020 and voted to recommend approval of the rezoning of the property to Planned Mixed Use Development (PMUD), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by JMS Lake Holdings LLC for approval of a zone change ordinance from Agricultural-Two (A-2) to Planned Mixed Use Development (PMUD) for property located at the southeast corner of W. I-70 Frontage Road North and Ward Road, 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: TRACTS 9, 10, 11, & 12, NICHOLAS GARDENS, EXCEPT THAT PORTION CONVEYED TO THE DEPT. OF HIGHWAYS, STATE OF COLORADO, IN A DEED RECORDED FEBRUARY 21, 1968 IN BOOK 1999 AT PAGE 368. A PORTION OF THE NORTHEAST ¼ OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF JEFFERSON, STATE OF COLORADO, CONTAINING 22.73 ACRES MORE OR LESS (990,248.38 SF +/-) 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 object 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 12th day of October 2020, ordered it published with Public Hearing and consideration on final passage set for Monday, November 9, 2020 at 7:00 o’clock p.m., as a virtual meeting, 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 ___________, 2020. SIGNED by the Mayor on this _______ day of _______________, 2020. ___________________________ Bud Starker, Mayor ATTEST: _________________________ Steve Kirkpatrick, City Clerk Approved as to Form __________________________ Gerald E. Dahl, City Attorney First Publication: October 15, 2020 Second Publication: November 12, 2020 Wheat Ridge Transcript Effective Date: November 27, 2020 Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us ITEM NO: DATE: October 12, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE APPOINTMENT TO A CITY COUNCIL DISTRICT III VACANCY ON THE CULTURAL COMMISSION PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Clerk City Manager ISSUE: Due to the recent resignation of Deborah Warren, a City Council District III seat on the Cultural Commission is vacant. The term of this position ends on March 2, 2023. FINANCIAL IMPACT: None BACKGROUND: Following the resignation of Deborah Warren, the City Clerk’s office advertised the position accordingly in the Jeffco Transcript along with the City website, Channel 8 and various other media outlets. Applications for the position have been received from Lisa Streisfeld of 2690 Oak St. (District III) and Emily Chaney of 6940 W 36th Ave (District I). Section. 2-53 (c) of the City Code states in part: “………All appointments to all boards and commissions shall be made to achieve equal representation from each council district to each board or commission. If, after reasonable advertisement, no applications are received from residents within the relevant council district for a vacancy on any board or commission, the council may appoint any otherwise qualified resident……… “ RECOMMENDATIONS: None 4 CAF – Cultural Commission Appointment October 12, 2020 Page 2 RECOMMENDED MOTION: “I move to appoint _________________________________ to the Cultural Commission for District III to fill a vacancy, term ending March 2, 2023.” REPORT PREPARED BY: Robin Eaton, CMC, Deputy City Clerk Steve Kirkpatrick, City Clerk Danitza Sosa, Administrative Assistant to the Mayor and City Council Patrick Goff, City Manager ATTACHMENTS: 1. Lisa Streisfeld application 2. Emily Chaney application -----Original Message----- From: no-reply@ci.wheatridge.co.us <no-reply@ci.wheatridge.co.us> Sent: Tuesday, September 15, 2020 7:29 PM To: Robin Eaton <reaton@ci.wheatridge.co.us> Subject: Online Form Submittal: Board and Commission Application Board and Commission Application Application for the appointment to the (Board/Commission/Committee): Cultural Commission Date: September 15, 2020 District: III How long have you been a resident of Wheat Ridge? 2 years, 2 months Are you a registered voter? Yes Why are you seeking this appointment? I am a community minded person and would like to help the City of Wheat Ridge expand art and cultural opportunities to both residents and visitors of all ages and abilities. Secondly, I would like to see more public art to be placed in various areas within the City. Both the activities and public art will enhance the desirability of Wheat Ridge as a place live, do business, shop, and recreate. I am also quite creative and will be able to contribute energy and ideas to the Cultural Commission. For example, we could create a virtual arts and craft show. People can take photos of their works of art and these could be put on-line on a Wheat Ridge Arts website. We could have a contest and let community members vote on their favorites. Then artists could also sell their masterpieces. Do you have experience in this area? I have conducted many public engagement and public involvement activities within my area of work. I have participated in several projects with Volunteers for Outdoor Colorado. Have you ever served, or are you currently on a Board/Commission/Committee and if so, which one? How long? I served as a Planning Commissioner for the City of Manitou Springs for approximately three years. Are there any conflicts which would interfere with regular attendance or duties? No First Name Lisa Last Name Streisfeld Address1 2690 Oak Street Address2 Field not completed. City Wheat Ridge State CO Zip 80215 Home Phone 303-349-7483 Business Phone 303-757-9876 Email Address LStreisfeld@comcast.net Your application will be kept on file for one year. City Clerk's Office, 7500 W. 29th Ave., Wheat Ridge, CO 80033 Email not displaying correctly? View it in your browser. <http://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Edit?id=49851&categoryID=0&formI D=76&displayType= SubmissionsView&startDate= &endDate= &dateRange= Last30Days&searchKeyword= &currentPage= 0&sortFieldID= 0&sortAscending= False&selectedFields= &parameters= CivicPlus.Entities.Core.ModuleParameter&submissionDataDisplayType=0&backURL=%2fAdmin%2fForm Center%2fSubmissions%2fIndex%2f76%3fcategoryID%3d19> ATTACHMENT 1 From:no-reply@ci.wheatridge.co.us To:Robin Eaton Subject:Online Form Submittal: Board and Commission Application Date:Saturday, September 26, 2020 11:58:31 AM Board and Commission Application Application for the appointmentto the (Board/Commission/Committee): Emily Chaney Date:9/26/2020 District:1 How long have you been a resident of Wheat Ridge? 1.5 years Are you a registered voter?Yes Why are you seeking this appointment? I would like to be more involved in my community. I am open to being involved with any position with zoning, development, renewal, housing or the arts. Do you have experience in this area? I volunteered with HUNI for many years when I lived in Highlands. I booked music for the highlands farmers market for several years. I was also president of the DMAR central committee for two years. I have not done grant writing but I have done fundraising for Mercy Housing. For many years I worked with an all ages theater on a volunteer basis. I have always done volunteer work on some basis and would specifically like to get more involved with my new community of Wheat Ridge. Have you ever served, or are you currently on a Board/Commission/Committee and if so, which one? How long? I was on HUNI for 5 years and DMAR for two years. Are there any conflicts which would interfere with regular attendance or duties? I have a very flexible schedule. First Name Emily Last Name Chaney Address1 6940 W 36th Ave ATTACHMENT 2 Address2 Field not completed. City Wheat Ridge State CO Zip 80033 Home Phone 3035643534 Business Phone Field not completed. Email Address emily@hello303.com Your application will be kept on file for one year. City Clerk's Office, 7500 W. 29th Ave., Wheat Ridge, CO 80033 Email not displaying correctly? View it in your browser. ITEM NO: DATE: October 12, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 50-2020 - A RESOLUTION CONCERNING THE ACQUISITION AND ACCEPTANCE OF NINE PROPERTIES ON WADSWORTH BOULEVARD FOR THE PURPOSE OF CONSTRUCTING, INSTALLING, MAINTAINING, AND USING PUBLIC IMPROVEMENTS FOR IMPROVING WADSWORTH BOULEVARD BY EITHER NEGOTIATION AND VOLUNTARY PURCHASE OR, IF NECESSARY, THROUGH THE UTILIZATION OF THE CITY’S POWER OF EMINENT DOMAIN, AND AUTHORIZING SUCH ACTION AS NECESSARY TO ACCOMPLISH SAID PURPOSES PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Director of Community Development City Manager ISSUE: The proposed improvements to Wadsworth Boulevard require that additional right-of-way (ROW) be purchased to allow for the construction of public improvements. In order to facilitate the acquisition of ROW from nine properties along Wadsworth Boulevard that have stalled in negotiations, the authority to use the City’s power of eminent domain is being requested. PRIOR ACTION: On December 10, 2018, Council approved a contract for ROW acquisition services with HDR, Inc. to prepare ROW plans and acquire ROW necessary to construct the project. 5 Council Action Form – Wadsworth ROW Acquisition October 12, 2020 Page 2 On January 14, 2019, Council authorized staff to acquire ROW along the corridor. Council authorized the Mayor and the City Clerk to accept the acquired ROW on their behalf. The authority to use the City’s power of eminent domain was not authorized at that time. FINANCIAL IMPACT: In late November 2018, City staff administratively approved an early action scope and fee of $72,600 with HDR to order the required 66 title commitments required for ROW acquisition along Wadsworth Boulevard. On December 10, 2018, an additional $1,344,394.91 was approved by City Council for the ROW acquisition work for a total HDR contract for ROW acquisitions services of $1,416,994.91. The 2020 budget includes $15 million for ROW acquisitions along Wadsworth Boulevard. BACKGROUND: On August 19, 2019, staff discussed the ROW acquisition process under the Uniform Act with Council in study session, including a lengthy discussion on the use of the City’s eminent domain authority, should that become necessary. At the end of the discussion, Council reached a consensus to withhold the use of eminent domain to acquire ROW until a future date. On December 16, 2019, staff updated Council in study session on the status of the ROW acquisitions. At that time, the acquisition process for the partial acquisitions had just started. Staff again discussed the use of eminent domain for the benefit of the four new Council members. Council again reaffirmed that the authority to use eminent domain was not being granted. On September 21, 2020, staff updated Council in study session on the status of the ROW acquisitions, including the eleven properties which had either stalled in negotiations or were trending towards stalled negotiations. The negotiations on eleven properties had stalled, meaning one of two things: 1) certain impacted parties are simply not choosing to respond to the City or the City’s ROW consultant team; and/or 2) substantial differences in perceived property value still exist, or have reached an impasse, meaning that an agreement on value does not seem possible. Since the September 21st study session, progress has been made on two of the properties; therefore, staff is requesting that Council authorize the use of eminent domain for the remaining nine properties that have reached an impasse or may soon reach an impasse. Currently, the total difference in values for these nine properties totals over $1.2 million. On September 21st, staff also discussed that because of delays that largely occurred during the environmental approval process and secondarily related to the COVID-19 environment, the Project will soon be receiving its second “strike” from the Denver Regional Council of Governments (DRCOG) for the $25 million federal grant that was received in 2014. DRCOG has rules that govern the use of the federal funds that when projects are sufficiently delayed the project receives a “strike”. If a project with federal funds receives two “strikes”, the local recipient may be required to return the grant funds if certain conditions are not met. This Council Action Form – Wadsworth ROW Acquisition October 12, 2020 Page 3 project’s second strike is due to not being advertised for bids by October 1, 2020. The City will be required to attend the DRCOG Board Meeting on November 18, 2020 to explain why the project has been delayed and request that DRCOG allow the City to keep the grant. The Board will also require a plan to get the project to construction and assurances that the City can meet the plan. At most, DRCOG will allow 120 days before the Project would need to be advertised for bids. Currently the schedule has an advertisement date that is 90 days past the October 1, 2020 deadline. As part of that DRCOG review, they will want to have confidence in the City’s desire and ability to obtain all necessary ROW, as a precursor to going out to bid. In order for staff and the consultant to proceed with the nine acquisitions that are necessary along Wadsworth Boulevard, City Council needs to approve a resolution authorizing the acquisition of ROW with the authority to use eminent domain, if necessary, for those nine acquisitions. RECOMMENDATIONS: Staff recommends that City Council approve the attached resolution authorizing acquisition and acceptance of nine properties along Wadsworth Boulevard, including the use of eminent domain if necessary, for the purposes of improving Wadsworth Boulevard. RECOMMENDED MOTION: “I move to approve Resolution No. 50-2020, a resolution concerning the acquisition and acceptance of nine properties on Wadsworth Boulevard for the purpose of constructing, installing, maintaining, and using public improvements for improving Wadsworth Boulevard by either negotiation and voluntary purchase or, if necessary, through the utilization of the City’s power of eminent domain, and authorizing such action as necessary to accomplish said purposes.” Or, “I move to postpone indefinitely Resolution No. 50-2020, a resolution concerning the acquisition and acceptance of nine properties on Wadsworth Boulevard for the purpose of constructing, installing, maintaining, and using public improvements for improving Wadsworth Boulevard by either negotiation and voluntary purchase or, if necessary, through the utilization of the City’s power of eminent domain, and authorizing such action as necessary to accomplish said purposes, for the following reason(s) __________________________________________.” REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Manager Steve Nguyen, Engineering Division Manager Kenneth Johnstone, Director of Community Development Patrick Goff, City Manager Council Action Form – Wadsworth ROW Acquisition October 12, 2020 Page 4 ATTACHMENTS: 1. Resolution 50-2020 2. Exhibits A(1)-A(9) – Listing of Owners/Addresses CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 50 Series of 2020 TITLE: A RESOLUTION CONCERNING THE ACQUISITION AND ACCEPTANCE OF NINE PROPERTIES ON WADSWORTH BOULEVARD FOR THE PURPOSE OF CONSTRUCTING, INSTALLING, MAINTAINING, AND USING PUBLIC IMPROVEMENTS FOR IMPROVING WADSWORTH BOULEVARD BY EITHER NEGOTIATION AND VOLUNTARY PURCHASE OR, IF NECESSARY, THROUGH THE UTILIZATION OF THE CITY’S POWER OF EMINENT DOMAIN, AND AUTHORIZING SUCH ACTION AS NECESSARY TO ACCOMPLISH SAID PURPOSES WHEREAS, the City of Wheat Ridge, Colorado possesses the power of eminent domain pursuant to Article XX, §§1 and 6 of the Colorado Constitution, Section 16.4 and 1.3 of the City of Wheat Ridge Home Rule Charter, C.R.S. §38-1-101, et seq., and C.R.S. § 38-6-101, et seq.; and WHEREAS, the City Council for the City of Wheat Ridge seeks to acquire certain property rights from nine properties more particularly described and shown on Exhibits A(1)-A(9) for the purposes of constructing, installing, maintaining and using public improvements for improving Wadsworth Boulevard in Wheat Ridge, Colorado; and WHEREAS, the City of Wheat Ridge has complied and intends to continue to comply with all applicable provisions of C.R.S. § 38-1-101, et seq., including, but not limited to, the notice and good faith negotiation requirements and provisions thereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge that: Section 1. The term “Subject Properties” means the interest in the nine real properties more particularly described on Exhibits A(1)-A(9) along Wadsworth Boulevard. Section 2. The City Council hereby finds that the acquisition of the Subject Properties for the construction, installation, maintenance and use of the public improvements for improving Wadsworth Boulevard will serve a proper, public and municipal purpose and use, and that such acquisition is necessary and essential to this public purpose and use. The City Council hereby declares its intent to acquire the Subject Properties for the purposes stated herein. Section 3. The City Manager or his designee, in consultation with the City Attorney, is directed to provide notice of the City’s intent to acquire the Subject Properties to the various owners of said properties and to thereafter conduct ATTACHMENT 1 good faith negotiations with the owners for the acquisition of the property rights sought. The City Manager is authorized to make offers for all of the Subject Properties based upon the appraisal or fair market valuation of the same, and is further authorized to execute agreements for the acquisition of the Subject Properties. Section 4. If, after making good faith offers to acquire the Subject Properties, the City is unable to acquire the necessary property rights by negotiation and/or voluntary purchase, the City Attorney is hereby authorized to institute and prosecute eminent domain proceedings in the name of the City so as to acquire the Subject Properties by condemnation. In the prosecution of any eminent domain actions to acquire the Subject Properties, the City shall have and retain all rights and powers lawfully delegated to it by the Colorado Constitution, the City of Wheat Ridge Home Rule Charter, and C.R.S. § 38-1-101, et seq. and C.R.S. § 38-6-101, et seq. Section 5. The City Manager or his designee, in consultation with the City Attorney, is authorized to seek and to take immediate possession of the Subject Properties as may be necessary for constructing, installing, maintaining and using public improvements for improving Wadsworth Boulevard, and to make such deposits or other payments as may be necessary in connection therewith. If eminent domain proceedings are instituted, the City Manager or his designee, in consultation with the City Attorney, is authorized to retain such expert witnesses, including appraisers, as the City determines are necessary for the eminent domain proceedings. Section 6. The City Manager or his designee, in consultation with the City Attorney, are hereby specifically authorized to make such reasonable or necessary amendments and corrections to the terms and/or legal descriptions of the Subject Properties to be acquired, including authorization to include such additional or other property rights necessary or desirable for the City to acquire so as to construct, install, maintain and use the public improvements for multi modal improvements. The Mayor and City Clerk are hereby authorized and directed to execute an acceptance of the interests in real property when acquired. Section 7. The City Council hereby finds, determines and declares that this Resolution is promulgated under the general police power of the City of Wheat Ridge, that it is adopted for the health, safety and welfare of the public, and that this Resolution 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 Resolution bears a rational relation to the proper legislative object sought to be obtained. Section 8. If any clause, sentence, paragraph or part of this Resolution or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 9. This Resolution shall become effective immediately upon adoption. DONE AND RESOLVED this 12th day of October 2020. ___________________________ Bud Starker, Mayor ATTEST: ___________________________ Steve Kirkpatrick, City Clerk EXHIBITS A(1)-A(9) LISTING OF OWNERS/ADDRESSES EXH. # RW # OWNER BUSINESS ADDRESS A(1) 17 Munchkin Properties LLC Wadsworth Center 3855 Wadsworth Blvd. A(2) 28 CINNA, LLC Aquacalientes 4105 Wadsworth Blvd. A(3) 27/29 44th & Wadsworth LLC Big Lots, Ross, etc. 4184 Wadsworth Blvd. A(4) 34 Homefray Creek Development LLC Dacko & Sons Fleet 4301 Wadsworth Blvd. A(5) 37 FirstBank of Wheat Ridge FirstBank 4350 Wadsworth Blvd. A(6) 46/47 Leftin Investment Co. O'Reilly's 4490 Wadsworth Blvd. A(7) 69 Seun Phommatha Vacant 4711 Wadsworth Blvd. A(8) 41 Pacific Realty Associates L.P. Pep Boys 7525 W. 44th Avenue A(9) 39 Commercial Federal Savings & Loan Ass'n Bank of the West 7575 W. 44th Avenue WR Technologies Inc 0 250 500 Feet Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM PARCEL NO: RW-17 OWNER: Munchkin Properties, LLC SITE: 3855-3885 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) EXHIBIT A(1) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 PARCEL NUMBER: RW-17 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A tract or parcel of land No. RW-17 of the City of Wheat Ridge, State of Colorado, Project No. M- 01-015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 3,156 sq. ft. (0.072 acres) of land, more or less, being a portion of Parcel A and Parcel C as described in the Special Warranty Deed recorded at Reception Number 2015030815, in the Jefferson County Colorado Clerk and Recorder's Office on April 1, 2015, lying in the Southeast Quarter of the Southwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: COMMENCING at the South Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), whence the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), bears N.00°10'24"W., a distance of 1,322.48 feet; Thence N.08°04'56"W., a distance of 515.99 feet, to a point on the north line of said Parcel A, being the POINT OF BEGINNING; 1. Thence along the north line of said Parcel A, N. 89°49'36" E., a distance of 25.25 feet to the west right-of-way line of Wadsworth Boulevard (June, 2019); 2. Thence along said west right-of-way line of Wadsworth Boulevard (June, 2019), S. 00°10'24" E., a distance of 125.00 feet to a point on the south line of said Parcel C; 3. Thence along the south line of said Parcel C, S. 89°49'36" W., a distance of 25.25 feet; 4. Thence N. 00°10'24" W., a distance of 125.00 feet, more or less, to the POINT OF BEGINNING. The above described tract or parcel contains 3,156 square feet (0.072 acres) of land, more or less. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM TEMPORARY EASEMENT NO: TE-17 OWNER: Munchkin Properties, LLC SITE: 3855-3885 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A temporary easement No. TE-17 of the City of Wheat Ridge, State of Colorado, Project No. M-01- 015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 2,163 sq. ft. (0.050 acres) of land, more or less, being a portion of Parcel A and Parcel C as described in the Special Warranty Deed recorded at Reception Number 2015030815, in the Jefferson County Colorado Clerk and Recorder's Office on April 1, 2015, lying in the Southeast Quarter of the Southwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said temporary easement being more particularly described as follows: COMMENCING at the South Quarter Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), whence the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), bears N.00°10'24"W., a distance of 1,322.48 feet; Thence N.08°04'56"W., a distance of 515.99 feet, to a point on the north line of said Parcel A, being the POINT OF BEGINNING; 1. Thence departing said north line, S. 00°10'24" E., a distance of 125.00 feet to a point on the south line of said Parcel C; 2. Thence along said south line, S. 89°49'36" W., a distance of 17.30 feet; 3. Thence departing said south line, N. 00°10'24" W., a distance of 125.00 feet to said north line; 4. Thence along said north line, N. 89°49'36" E., a distance of 17.30 feet, more or less, to the POINT OF BEGINNING. The above described temporary easement contains 2,163 square feet (0.050 acres) of land, more or less. The purpose of the above-described temporary easement is for access, construction and grading. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM PARCEL NO: RW-28 OWNER: CINNA, LLC, a Colorado limited liability company SITE: 4105 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) EXHIBIT A(2) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 PARCEL NUMBER: RW-28 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A tract or parcel of land No. RW-28 of the City of Wheat Ridge, State of Colorado, Project No. M-01- 015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 2,711 sq. ft. (0.062 acres) of land, more or less, being a portion of that parcel of land described at Reception Number F1156208, as recorded in the Jefferson County Colorado Clerk and Recorder's Office on December 11, 2000, lying in the Northeast Quarter of the Southwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: COMMENCING at the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), whence the Center Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), bears N.00°10'04"W., a distance of 1,322.58 feet; Thence N.69°34'04"W., a distance of 70.51 feet, to a point on the south line of said Reception Number F1156208, said point being the POINT OF BEGINNING; 1. Thence N. 28°59'38" E., a distance of 16.83 feet; 2. Thence N. 00°10'04" W., a distance of 145.50 feet, to a point on the north line of said Reception Number F1156208; 3. Thence along said north line, N. 89°37'55" E., a distance of 17.80 feet, to a point on the west right of way line of Wadsworth Boulevard (June 2019); 4. Thence along said west right of way line,, S. 00°10'04" E., a distance of 140.18 feet; 5. Thence continuing along said west right of way line, S. 44°44'56" W., a distance of 28.33 feet, to a point on said south line of Reception Number F1156208; 6. Thence along said south line, S. 89°39'55" W., a distance of 6.00 feet, more or less, to the POINT OF BEGINNING. The above described tract or parcel contains 2,711 sq. ft. (0.062 acres) of land, more or less. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ___________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM TEMPORARY EASEMENT: TE-28 OWNER: CINNA, LLC, a Colorado limited liability company SITE: 4105 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A temporary easement No. TE-28 of the City of Wheat Ridge, State of Colorado, Project No. M-01- 015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 1,733 sq. ft. (0.040 acres) of land, more or less, being a portion of that parcel of land described at Reception Number F1156208, as recorded in the Jefferson County Colorado Clerk and Recorder's Office on December 11, 2000, lying in the Northeast Quarter of the Southwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said temporary easement being more particularly described as follows: COMMENCING at the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), whence the Center Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), bears N.00°10'04"W., a distance of 1,322.58 feet; Thence N.69°34'04"W., a distance of 70.51 feet, to a point on the south line of said parcel of land described at Reception Number F1156208, said point being the POINT OF BEGINNING; 1. Thence along said south line, S. 89°39'55" W., a distance of 5.74 feet; 2. Thence departing said south line, N. 28°59'38" E., a distance of 12.18 feet; 3. Thence N. 00°10'04" W., a distance of 64.00 feet; 4. Thence N. 07°38'28" W., a distance of 86.24 feet to a point on the north line of said parcel; 5. Thence along said north line, N. 89°37'55" E., a distance of 19.22 feet, 6. Thence departing said north line, S. 00°10'04" E., a distance of 145.50 feet; 7. Thence S. 28°59'38" W., a distance of 16.83 feet, more or less, to the POINT OF BEGINNING. The above described temporary easement contains 1,733 sq. ft. (0.040 acres) of land, more or less. The purpose of the above-described temporary easement is for access, construction and grading. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM PARCEL NO: RW-27 OWNER: 44th and Wadsworth Limited Liability Company, a Colorado limited liability company SITE: 4184 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) EXHIBIT A(3) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 PARCEL NUMBER: RW-27 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A tract or parcel of land No. RW-27 of the City of Wheat Ridge, State of Colorado, Project No. M-01- 015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 7,635 sq. ft. (0.175 acres) of land, more or less, being a portion of Lot 1, Times Square Subdivision, as recorded at Reception Number 82081495 , in the Jefferson County Colorado Clerk and Recorder's Office on November 19, 1982, lying in the Northwest Quarter of the Southeast Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: COMMENCING at the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), whence the Center Quarter Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), bears N.00°10'04"W., a distance of 1,322.58 feet; Thence N.31°50'58"E., a distance of 133.42 feet, to a point on the south line of Lot 2, of said Times Square Subdivision, said point being the POINT OF BEGINNING; 1. Thence S. 05°52'45" E., a distance of 66.46 feet; 2. Thence S. 75°58'54" E., a distance of 58.45 feet; 3. Thence N. 89°49'56" E., a distance of 60.91 feet; 4. Thence S. 00°10'24" E, a distance of 32.10 feet to a point on the south line of said Lot 1; 5. Thence along said south line, S. 89°39'55" W., a distance of 149.93 feet to the east right-of-way line for Wadsworth Boulevard (June, 2019); 6. Thence along said east right-of-way line, N. 00°10'04" W., a distance of 112.99 feet to the southwest corner of said Lot 2; 7. Thence along the south line of said Lot 2, N. 89°49'56" E., a distance of 25.74 feet, more or less, to the POINT OF BEGINNING. The above described tract or parcel contains 7,635 sq. ft. (0.175 acres) of land, more or less. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM PARCEL NO: RW-27A OWNER: 44th and Wadsworth Limited Liability Company, a Colorado limited liability company SITE: 4184 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 PARCEL NUMBER: RW-27A PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A tract or parcel of land No. RW-27A of the City of Wheat Ridge, State of Colorado, Project No. M- 01-015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 16,214 sq. ft. (0.372 acres) of land, more or less, being a portion of Lot 1, Times Square Subdivision, as recorded at Reception Number 82081495 , in the Jefferson County Colorado Clerk and Recorder's Office on November 19, 1982, lying in the Northwest Quarter of the Southeast Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: COMMENCING at the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), whence the Center Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), bears N.00°10'04"W., a distance of 1,322.58 feet; Thence N.23°03'27"E., a distance of 177.51 feet, to a point on the north line of Lot 2 as shown on said Times Square Subdivision, said point being the POINT OF BEGINNING; 1. Thence along the north line of said Lot 2, S. 89°49'56" W., a distance of 25.00 feet to the northwest corner of said Lot 2 and the east right-of-way line of Wadsworth Boulevard (June, 2019); 2. Thence along said east right-of-way line of Wadsworth Boulevard (June, 2019) and the west line of Lot 1 as shown on said Times Square Subdivision, N. 00°10'04" W., a distance of 498.30 feet to the northwest corner of said Lot 1; 3. Thence along the north line of said Lot 1, N. 89°41'30" E., a distance of 35.29 feet; 4. Thence on the arc of a non-tangent curve to the right, a radius of 4,800.00 feet, a central angle of 02°26'45", a distance of 204.91 feet, (a chord bearing S. 00°57'54" W., a distance of 204.89 feet); 5. Thence S. 06°01'12" E., a distance of 56.52 feet; 6. Thence S. 00°10'04" E., a distance of 58.53 feet; 7. Thence S. 05°43'00" W., a distance of 117.05 feet; 8. Thence S. 00°10'04" E., a distance of 62.35 feet, more or less, to the POINT OF BEGINNING. The above described tract or parcel contains 16,214 sq. ft. (0.372 acres) of land, more or less. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM TEMPORARY EASEMENT NO: TE-27 OWNER: 44th and Wadsworth Limited Liability Company, a Colorado limited liability company. SITE: 4184 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 TEMPORARY EASEMENT NUMBER: TE-27 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A temporary easement No. TE-27 of the City of Wheat Ridge, State of Colorado, Project No. M-01- 015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 1,758 sq. ft. (0.040 acres) of land, more or less, being a portion of Lot 1, Times Square Subdivision, as recorded at Reception Number 82081495 , in the Jefferson County Colorado Clerk and Recorder's Office on November 19, 1982, lying in the Northwest Quarter of the Southeast Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said temporary easement being more particularly described as follows: COMMENCING at the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), whence the Center Quarter Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), bears N.00°10'04"W., a distance of 1,322.58 feet; Thence N.31°50'58"E., a distance of 133.42 feet, to a point on the south line of Lot 2, said Times Square Subdivision, said point being the POINT OF BEGINNING; 1. Thence along said south line, N. 89°49'56" E., a distance of 5.02 feet; 2. Thence departing said south line, S. 05°52'45" E., a distance of 62.45 feet; 3. Thence S. 75°58'54" E., a distance of 11.48 feet; 4. Thence N. 89°49'56" E., a distance of 101.83 feet; 5. Thence S. 00°10'24" E., a distance of 15.50 feet; 6. Thence S. 89°49'56" W., a distance of 60.91 feet; 7. Thence N. 75°58'54" W., a distance of 58.45 feet; 8. Thence N. 05°52'45" W., a distance of 66.46 feet, more or less, to the POINT OF BEGINNING. The above described temporary easement contains 1,758 square feet (0.040 acres) of land, more or less. The purpose of the above-described temporary easement is for access, construction and grading. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 3 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM TEMPORARY EASEMENT NO: TE-27A OWNER: 44th and Wadsworth Limited Liability Company, a Colorado limited liability company. SITE: 4184 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 3 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 TEMPORARY EASEMENT NUMBER: TE-27A PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A temporary easement No. TE-27A of the City of Wheat Ridge, State of Colorado, Project No. M- 01-015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 7,147 sq. ft. (0.164 acres) of land, more or less, being a portion of Lot 1, Times Square Subdivision, as recorded at Reception Number 82081495 , in the Jefferson County Colorado Clerk and Recorder's Office on November 19, 1982, lying in the Northwest Quarter of the Southeast Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said temporary easement being more particularly described as follows: COMMENCING at the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), whence the Center Quarter Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), bears N.00°10'04"W., a distance of 1,322.58 feet; Thence N.23°03'27"E., a distance of 177.51 feet, to a point on the north line of Lot 2, said Times Square Subdivision, said point being the POINT OF BEGINNING; 1. Thence N. 00°10'04" W., a distance of 62.35 feet; 2. Thence N. 05°43'00" E., a distance of 117.05 feet; 3. Thence N. 00°10'04" W., a distance of 58.53 feet; 4. Thence N. 06°01'12" W., a distance of 56.52 feet; 5. Thence on the arc of a non-tangent curve to the left, a radius of 4,800.00 feet, a central angle of 02°26'45", a distance of 204.91 feet, (a chord bearing N. 00°57'54" E., a distance of 204.89 feet) to a point on the north line of said Lot 1, Times Square Subdivision; 6. Thence along said north line, non-tangent to the previous course, N. 89°41'30" E., a distance of 7.19 feet; 7. Thence S. 00°10'04" E., a distance of 250.49 feet; 8. Thence N. 89°40'49" E., a distance of 45.96 feet; 9. Thence S. 00°19'11" E., a distance of 81.00 feet; 10. Thence S. 89°40'49" W., a distance of 48.30 feet; 11. Thence S. 05°28'23" W., a distance of 105.32 feet; Page 3 of 3 12. Thence S. 00°10'04" E., a distance of 62.11 feet to a point on the north line of said Lot 2; 13. Thence along the north line of said Lot 2, S. 89°49'56" W., a distance of 5.00 feet, more or less, to the POINT OF BEGINNING. The above described temporary easement contains 7,147 square feet (0.164 acres) of land, more or less. The purpose of the above-described temporary easement is for access, construction and grading. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM PARCEL NO: RW-29 OWNER: 44th and Wadsworth Limited Liability Company, a Colorado limited liability company SITE: 4202 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 PARCEL NUMBER: RW-29 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A tract or parcel of land No. RW-29 of the City of Wheat Ridge, State of Colorado, Project No. M-01- 015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 1,253 sq. ft. (0.029 acres) of land, more or less, being a portion of Lot 2, Times Square Subdivision, as recorded at Reception Number 82081495 , in the Jefferson County Colorado Clerk and Recorder's Office on November 19, 1982, lying in the Northwest Quarter of the Southeast Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: COMMENCING at the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), whence the Center Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), bears N.00°10'04"W., a distance of 1,322.58 feet; Thence N.31°50'58"E., a distance of 133.42 feet, to a point on the south line of said Lot 2, said point being the POINT OF BEGINNING; 1. Thence along the south line of said Lot 2, S. 89°49'56" W., a distance of 25.74 feet to the southwest corner of said Lot 2 and the east right-of-way line of Wadsworth Boulevard (June, 2019); 2. Thence along said east right-of-way line of Wadsworth Boulevard (June, 2019) and the west line of said Lot 2, N. 00°10'04" W., a distance of 50.00 feet to the northwest corner of said Lot 2; 3. Thence along the north line of said Lot 2, N. 89°49'56" E., a distance of 25.00 feet; 4. Thence S. 00°10'04" E., a distance of 42.65 feet; 5. Thence S. 05°52'45" E., a distance of 7.39 feet, more or less, to the POINT OF BEGINNING. The above described tract or parcel contains 1,253 sq. ft. (0.029 acres) of land, more or less. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM TEMPORARY EASEMENT: TE-29 OWNER: 44th and Wadsworth Limited Liability Company, a Colorado limited liability company. SITE: 4202 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 TEMPORARY EASEMENT NUMBER: TE-29 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A temporary easement No. TE-29 of the City of Wheat Ridge, State of Colorado, Project No. M-01- 015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 250 sq. ft. (0.006 acres) of land, more or less, being a portion of Lot 2, Times Square Subdivision, as recorded at Reception Number 82081495 , in the Jefferson County Colorado Clerk and Recorder's Office on November 19, 1982, lying in the Northwest Quarter of the Southeast Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said temporary easement being more particularly described as follows: COMMENCING at the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), whence the Center Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), bears N.00°10'04"W., a distance of 1,322.58 feet; Thence N.31°50'58"E., a distance of 133.42 feet, to a point on the south line of said Lot 2, said point being the POINT OF BEGINNING; 1. Thence N. 05°52'45" W., a distance of 7.39 feet; 2. Thence N. 00°10'04" W., a distance of 42.65 feet to a point on the north line of said Lot 2; 3. Thence along the north line of said Lot 2, N. 89°49'56" E., a distance of 5.00 feet; 4. Thence S. 00°10'04" E., a distance of 42.40 feet; 5. Thence S. 05°52'45" E., a distance of 7.64 feet to a point on the south line of said Lot 2; 6. Thence along the south line of said Lot 2, S. 89°49'56" W., a distance of 5.02 feet, more or less, to the POINT OF BEGINNING. The above described temporary easement contains 250 square feet (0.006 acres) of land, more or less. The purpose of the above-described temporary easement is for access, construction and grading. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM PARCEL NO: RW-34 OWNER: Homfray Creek Development, LLC, a Colorado limited liability company SITE: 4301 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) EXHIBIT A(4) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 PARCEL NUMBER: RW-34 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A tract or parcel of land No. RW-34 of the City of Wheat Ridge, State of Colorado, Project No. M- 01-015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 1,106 sq. ft. (0.025 acres) of land, more or less, being a portion of that parcel of land described as Parcel 1, in the Warranty Deed recorded at Reception Number F1223523, in the Jefferson County Colorado Clerk and Recorder's Office on April 25, 2001, lying in the Northeast Quarter of the Southwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: COMMENCING at the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), whence the Center Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), bears N.00°10'04"W., a distance of 1,322.58 feet; Thence N.04°39'32"W., a distance of 683.22 feet, to a point on the north line of said Parcel 1, said point being the POINT OF BEGINNING; 1. Thence along said north line, N. 89°49'56" E., a distance of 13.50 feet, to a point on the west right of way line of Wadsworth Boulevard (June 2019); 2. Thence along said west right of way line, S. 00°10'04" E., a distance of 81.95 feet, to a point on the south line of said Parcel 1; 3. Thence along said south line, S. 89°49'56" W., a distance of 13.50 feet; 4. Thence N. 00°10'04" W., a distance of 81.95 feet, more or less, to the POINT OF BEGINNING. The above described tract or parcel contains 1,106 sq. ft. (0.025 acres) of land, more or less. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM TEMPORARY EASEMENT: TE-34 OWNER: Homfray Creek Development, LLC, a Colorado limited liability company SITE: 4301 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 TEMPORARY EASEMENT NUMBER: TE-34 PROJECT CODE: 21006 DATE: October 3, 2019 DESCRIPTION A temporary easement No. TE-34 of the City of Wheat Ridge, State of Colorado, Project No. M-01- 015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 393 sq. ft. (0.009 acres) of land, more or less, being a portion of that parcel of land described as Parcel 1, in the Warranty Deed recorded at Reception Number F1223523, in the Jefferson County Colorado Clerk and Recorder's Office on April 25, 2001, lying in the Northeast Quarter of the Southwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said temporary easement being more particularly described as follows: COMMENCING at the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), whence the Center Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), bears N.00°10'04"W., a distance of 1,322.58 feet; Thence N.04°39'32"W., a distance of 683.22 feet, to a point on the north line of said Parcel 1, said point being the POINT OF BEGINNING; 1. Thence S. 00°10'04" E., a distance of 81.95 feet, to a point on the south line of said Parcel 1; 2. Thence along said south line, S. 89°49'56" W., a distance of 4.80 feet; 3. Thence N. 00°10'04" W., a distance of 81.95 feet, to a point on said north line of Parcel 1; 4. Thence along said north line, N. 89°49'56" E., a distance of 4.80 feet, more or less, to the POINT OF BEGINNING. The above described temporary easement contains 393 sq. ft. (0.009 acres) of land, more or less. The purpose of the above-described temporary easement is for access, construction and grading. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 3 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM PARCEL NO: RW-37 REV OWNER: FirstBank of Wheat Ridge, a National Banking Association SITE: 4350 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) EXHIBIT A(5) Page 2 of 3 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 PARCEL NUMBER: RW-37 REV PROJECT CODE: 21006 DATE: April 1, 2020 DESCRIPTION A tract or parcel of land No. RW-37 REV of the City of Wheat Ridge, State of Colorado, Project No. M-01-015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 22,756 sq. ft. (0.522 acres) of land, more or less, being a portion of those parcels of land as described in the Deeds recorded in Book 2236 at Page 346, Book 2249 at Page 428, Book 2249 at Page 478, Book 2311 at Page 190, Reception Number 81005177, Reception Number 81054061, Reception Number 81046689 and Reception Number 85061064 in the Jefferson County Colorado Clerk and Recorder's Office, lying in the Northwest Quarter of the Southeast Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: COMMENCING at the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), whence the Center Quarter Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), bears N.00°10'04"W., a distance of 1,322.58 feet; Thence N.05°37'16"E., a distance of 780.53 feet, to a point on the south line of said parcel described in the Deeds recorded in Book 2236 at Page 346, Book 2249 at Page 428, Book 2249 at Page 478, Book 2311 at Page 190, Reception Number 81005177, Reception Number 81054061, Reception Number 81046689 and Reception Number 85061064, said point being the POINT OF BEGINNING; 1. Thence along the south line of said parcel, S. 89°41'30" W., a distance of 30.23 feet to the existing east right-of-way line of Wadsworth Boulevard (June, 2019); 2. Thence along the existing east right of way line of Wadsworth Boulevard (June, 2019), N. 00°10'04" W., a distance of 501.79 feet to the northwesterly corner of said parcel; 3. Thence along the northwesterly line of said parcel, N. 57°43'27" E., a distance of 8.85 feet to a point on the north line of said parcel and the existing south right-of-way line of West 44th Avenue (June, 2019); 4. Thence along the existing south right-of-way line of West 44th Avenue (June, 2019) and the north line of said parcel, N. 89°41'34" E., a distance of 251.82 feet; 5. Thence continuing along said south right-of-way line of West 44th Avenue (June, 2019) on the arc of a non-tangent curve to the right, having a radius of 30.01 feet, a central angle of 71°50'28", a distance of 37.63 feet, (a chord bearing S. 36°08'31" E., a distance of 35.22 feet) to a point on the east line of said parcel; 6. Thence along the east line of said parcel, S. 00°10'41" E., a distance of 7.53 feet; Page 3 of 3 7. Thence departing said east line, N. 13°56'19" W., a distance of 10.37 feet to a point lying 65.75 feet, by perpendicular measure, south of the north line of said Northwest Quarter of the Southeast Quarter of Section 23 ; 8. Thence parallel to said north line, S. 89°41'34" W., a distance of 214.00 feet; 9. Thence on the arc of a non-tangent curve to the left, having a radius of 225.00 feet, a central angle of 20°05'07", a distance of 78.87 feet, (a chord bearing S. 21°56'10" W., a distance of 78.47 feet) to a point lying 82.50 feet, by perpendicular measure, east of the west line of said Northwest Quarter of the Southeast Quarter of Section 23; 10. Thence parallel to said west line, S. 00°10'14" E., a distance of 169.50 feet; 11. Thence S. 12°05'56" W., a distance of 49.82 feet; 12. Thence S. 02°19'36" E., a distance of 131.53 feet; 13. Thence on the arc of a curve to the right, a radius of 4,800.00 feet, a central angle of 00°41'43", a distance of 58.26 feet, (a chord bearing S. 01°58'44" E., a distance of 58.26 feet), more or less, to the POINT OF BEGINNING. The above described tract or parcel contains 22,756 sq. ft. (0.522 acres) of land, more or less. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 3 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM TEMPORARY EASEMENT NO: TE-37 REV OWNER: FirstBank of Wheat Ridge, a National Banking Association SITE: 4350 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 3 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 TEMPORARY EASEMENT NUMBER: TE-37 REV PROJECT CODE: 21006 DATE: April 1, 2020 DESCRIPTION A temporary easement No. TE-37 REV of the City of Wheat Ridge, State of Colorado, Project No. M-01-015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 8,655 sq. ft. (0.199 acres) of land, more or less, being a portion of those parcels of land as described in the Deeds recorded in Book 2236 at Page 346, Book 2249 at Page 428, Book 2249 at Page 478, Book 2311 at Page 190, Reception Number 81005177, Reception Number 81054061, Reception Number 81046689 and Reception Number 85061064 in the Jefferson County Colorado Clerk and Recorder's Office, lying in the Northwest Quarter of the Southeast Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said temporary easement being more particularly described as follows: COMMENCING at the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), whence the Center Quarter Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), bears N.00°10'04"W., a distance of 1,322.58 feet; Thence N.05°37'16"E., a distance of 780.53 feet, to a point on the south line of said parcel, said point being the POINT OF BEGINNING; 1. Thence departing said south line, on the arc of a non-tangent curve to the left, having a radius of 4,800.00 feet, a central angle of 00°41'43", a distance of 58.26 feet, (a chord bearing N. 01°58'44" W., a distance of 58.26 feet); 2. Thence N. 02°19'36" W., a distance of 131.53 feet; 3. Thence N. 12°05'56" E., a distance of 49.82 feet; 4. Thence N. 00°10'14" W., a distance of 169.50 feet; 5. Thence on the arc of a non-tangent curve to the right, having a radius of 225.00 feet, a central angle of 20°05'07", a distance of 78.87 feet, (a chord bearing N. 21°56'10" E., a distance of 78.47 feet); 7. Thence non-tangent with the previous course, N. 89°41'34" E., a distance of 214.00 feet; 8. Thence S. 13°56'19" E., a distance of 10.37 feet to a point on the east line of said parcel; 9. Thence along said east line, S. 00°10'41" E., a distance of 12.86 feet; 10. Thence N. 20°07'58" W., a distance of 15.87 feet; 11. Thence S. 89°41'34" W., a distance of 208.37 feet; 12. Thence S. 21°52'15" W., a distance of 55.21 feet; 13. Thence S. 00°10'04" E., a distance of 421.34 feet to a point on the south line of said parcel; 14. Thence along said south line, S. 89°41'30" W., a distance of 15.27 feet, more or less, to the POINT OF BEGINNING. Page 3 of 3 The above described temporary easement contains 8,655 square feet (0.199 acres) of land, more or less. The purpose of the above-described temporary easement is for access, construction and grading. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 3 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM PARCEL NO: RW-39 OWNER: Commercial Federal Savings and Loan Association SITE: 7575 West 44th Avenue Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) EXHIBIT A(9) Page 2 of 3 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 PARCEL NUMBER: RW-39 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A tract or parcel of land No. RW-39 of the City of Wheat Ridge, State of Colorado, Project No. M- 01-015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 7,537 sq. ft. (0.173 acres) of land, more or less, being a portion of that parcel of land as described in the Quit Claim Deed recorded at Reception Number 89074573, in the Jefferson County Colorado Clerk and Recorder's Office on August 30, 1989, lying in the Southwest Quarter of the Northeast Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: COMMENCING at the Center Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), whence the Center-North Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), bears N.00°10'09"W., a distance of 1,321.98 feet; Thence N.25°16'41"E., a distance of 199.57 feet, to a point on the north line of said parcel of land as described in the Quit Claim Deed recorded at Reception Number 89074573, said point being the POINT OF BEGINNING; 1. Thence S. 00°10'09" E., a distance of 128.00 feet; 2. Thence S. 82°05'31" E., a distance of 10.50 feet; 3. Thence N. 89°41'34" E., a distance of 108.85 feet to a point on the east line of said parcel; 4. Thence along the east line of said parcel, S. 00°10'09" E., a distance of 10.50 feet to the north right-of-way line of West 44th Avenue (June, 2019); 5. Thence along said north right-of-way line of West 44th Avenue (June, 2019), S. 89°41'34" W., a distance of 144.95 feet; 6. Thence continuing along said north right-of-way line of West 44th Avenue (June, 2019), on the arc of a curve to the right, a radius of 20.00 feet, a central angle of 90°08'15", a distance of 31.46 feet, (a chord bearing N. 45°14'16" W., a distance of 28.32 feet) to the east right-of-way line of Wadsworth Boulevard (June, 2019); 7. Thence along said east right-of-way line of Wadsworth Boulevard (June, 2019), N. 00°10'09" W., a distance of 108.17 feet; 8. Thence continuing along said east right-of-way line of Wadsworth Boulevard (June, 2019), N. 30°51'55" E., a distance of 13.78 feet to a point on the north line of said parcel; 9. Thence along the north line of said parcel, N. 89°41'34" E., a distance of 38.65 feet, more or less, to the POINT OF BEGINNING. Page 3 of 3 The above described tract or parcel contains 7,537 square feet (0.173 acres) of land, more or less. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 EXHIBIT A(8) EXHIBIT A-6 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM PARCEL NO: RW-47 OWNER: Leftin Investment Co., a Colorado corporation, as to an undivided 38.242% interest and EPH11, LLC, a Dissolved Colorado limited liability company, as to an undivided 61.758% interest SITE: 4490 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 PARCEL NUMBER: RW-47 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A tract or parcel of land No. RW-47 of the City of Wheat Ridge, State of Colorado, Project No. M- 01-015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 1,716 sq. ft. (0.039 acres) of land, more or less, being a portion of Lot 1 as shown on Ace Hardware Lot Line Adjustment Plat as recorded at Reception Number F1716657, in the Jefferson County Colorado Clerk and Recorder's Office on April 4, 2003, lying in the Southwest Quarter of the Northeast Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: COMMENCING at the Center Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), whence the Center-North Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), bears N.00°10'09"W., a distance of 1,321.98 feet; Thence N.06°19'08"E., a distance of 582.79 feet to a point on the west line of said Lot 1, said point being the POINT OF BEGINNING; 1. Thence on the arc of a curve to the right, having a radius of 155.00 feet, a central angle of 17°52'52", a distance of 48.37 feet, (a chord bearing S. 12°44'40" E., a distance of 48.18 feet); 2. Thence S. 03°48'14" E., a distance of 53.47 feet; 3. Thence S. 02°05'07" E., a distance of 47.87 feet to a point on the south line of said Lot 1; 4. Thence along said south line, S. 89°29'32" W., a distance of 16.23 feet to the southwest corner of Lot 1; 5. Thence along the west line of said Lot 1, N. 00°07'10" E., a distance of 148.33 feet, more or less, to the POINT OF BEGINNING. The above described tract or parcel contains 1,716 square feet (0.039 acres) of land, more or less. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM TEMPORARY EASEMENT NO: TE-47 OWNER: Leftin Investment Co., a Colorado corporation, as to an undivided 38.242% interest and EPH11, LLC, a Dissolved Colorado limited liability company, as to an undivided 61.758% interest SITE: 4490 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 TEMPORARY EASEMENT NUMBER: TE-47 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A temporary easement No. TE-47 of the City of Wheat Ridge, State of Colorado, Project No. M-01- 015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 2,277 sq. ft. (0.052 acres) of land, more or less, being a portion of Lot 1 as shown on Ace Hardware Lot Line Adjustment Plat as recorded at Reception Number F1716657, in the Jefferson County Colorado Clerk and Recorder's Office on April 4, 2003, lying in the Southwest Quarter of the Northeast Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said temporary easement being more particularly described as follows: COMMENCING at the Center Quarter Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), whence the Center-North Sixteenth Corner of Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), bears N.00°10'09"W., a distance of 1,321.98 feet; Thence N.06°19'08"E., a distance of 582.79 feet to a point on the west line of said Lot 1, said point being the POINT OF BEGINNING; 1. Thence along said west line, N. 00°07'10" E., a distance of 56.92 feet to a point on the north line of said Lot 1; 2. Thence along said north line, N. 89°56'54" E., a distance of 9.00 feet; 3. Thence departing said north line, S. 05°46'54" E., a distance of 182.63 feet; 4. Thence S. 00°10'09" E, a distance of 23.30 feet to a point on the south line of said Lot 1; 5. Thence along said south line, S. 89°29'32" W., a distance of 11.67 feet; 6. Thence N. 02°05'07" W., a distance of 47.87 feet; 7. Thence N. 03°48'14" W., a distance of 53.47 feet; 8. Thence on the arc of a curve to the left, having a radius of 155.00 feet, a central angle of 17°52'52", a distance of 48.37 feet, (a chord bearing N. 12°44'40" W., a distance of 48.18 feet), more or less, to the POINT OF BEGINNING. The above described temporary easement contains 2,277 square feet (0.052 acres) of land, more or less. The purpose of the above-described temporary easement is for access, construction and grading. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM PARCEL NO: RW-69 OWNER: Seun Phommatha, a Tenant in Severalty SITE: 4711 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) EXHIBIT A(7) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 PARCEL NUMBER: RW-69 PROJECT CODE: 21006 DATE: April 1, 2020 DESCRIPTION A tract or parcel of land No. RW-69 of the City of Wheat Ridge, State of Colorado, Project No. M- 01-015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 66 sq. ft. (0.002 acres) of land, more or less, being a portion of that parcel of land described in the Special Warranty Deed as recorded in the Jefferson County Colorado Clerk and Recorder's Office at Reception Number 2020003598, on January 10, 2020, lying in the Northeast Quarter of the Northwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: COMMENCING at the Center-North Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), whence the North Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), bears N.00°10'10"W., a distance of 1,321.96 feet; Thence N.03°36'48"W., a distance of 782.39 feet, to a point on the north line of said parcel of land described in Reception Number 2020003598, said line also being the south right of way line of West 48th Avenue (June 2019), said point being the POINT OF BEGINNING; 1. Thence along said north line, N. 89°49'50" E., a distance of 6.20 feet, to a point on the west right of way line of Wadsworth Boulevard (June 2019); 2. Thence along said west right of way line, S. 00°40'42" W., a distance of 16.06 feet; 3. Thence departing said right of way line, N. 29°36'49" W., a distance of 12.13 feet; 4. Thence N. 00°10'10" W., a distance of 5.50 feet, more or less, to the POINT OF BEGINNING. The above described tract or parcel contains 66 sq. ft. (0.002 acres) of land, more or less. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM TEMPORARY EASEMENT: TE-69 OWNER: Seun Phommatha, a Tenant in Severalty SITE: 4711 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 TEMPORARY EASEMENT NUMBER: TE-69 PROJECT CODE: 21006 DATE: April 1, 2020 DESCRIPTION A temporary easement No. TE-69 of the City of Wheat Ridge, State of Colorado, Project No. M-01- 015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 1,258 sq. ft. (0.029 acres) of land, more or less, being a portion of that parcel of land described in the Special Warranty Deed as recorded in the Jefferson County Colorado Clerk and Recorder's Office at Reception Number 2020003598, on January 10, 2020, lying in the Northeast Quarter of the Northwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said temporary easement being more particularly described as follows: COMMENCING at the Center-North Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), whence the North Quarter Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), bears N.00°10'10"W., a distance of 1,321.96 feet; Thence N.03°36'48"W., a distance of 782.39 feet, to a point on the north line of said parcel, said point being the POINT OF BEGINNING; 1. Thence S. 00°10'10" E., a distance of 5.50 feet; 2. Thence S. 29°36'49" E., a distance of 12.13 feet, to a point on the west right of way line of Wadsworth Boulevard (June 2019); 3. Thence along said west right of way line, S. 00°40'42" W., a distance of 18.94 feet; 4. Thence continuing along said west right of way line, S. 00°45'10" W., a distance of 85.23 feet, to a point on the south line of said parcel; 5. Thence along said south line, S. 89°32'21" W., a distance of 8.00 feet; 6. Thence departing said south line, N. 02°07'38" W., a distance of 120.33 feet, to a point on said north line; 7. Thence along said north line, N. 89°49'50" E., a distance of 7.80 feet, more or less, to the POINT OF BEGINNING. The above described temporary easement contains 1,258 sq. ft. (0.029 acres) of land, more or less. The purpose of the above-described temporary easement is for access, construction and grading. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 ITEM NO: DATE: October 12, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 51-2020 - A RESOLUTION APPROVING AN AMENDMENT TO THE CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE WADSWORTH BOULEVARD WIDENING PROJECT FROM 35TH AVENUE TO INTERSTATE 70 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Director of Community Development City Manager ISSUE: In 2015, the City was awarded funding through the Denver Regional Council of Governments (DRCOG) Transportation Improvement Program (TIP) to improve Wadsworth Boulevard from 35th Avenue to 48th Avenue. An agreement with CDOT to administer that funding was approved in 2015. An additional TIP grant was awarded by DRCOG in 2019. In addition, CDOT has allocated State Safety and State Surface funds to the project. An amendment to the original 2015 agreement is necessary to add the additional funds to the project budget and to extend the term of the contract with CDOT beyond the original expiration date of October 25, 2020. PRIOR ACTION: On October 12, 2015, Council approved an agreement with CDOT to administer the original TIP grant. FINANCIAL IMPACT: City staff will continue to administer the project with reimbursement of 80% of most of the costs. For the original TIP, the federal share was $25,280,000 with the City’s required local 6 Council Action Form – CDOT Wadsworth Amendment #1 October 12, 2020 Page 2 match of $6,320,000. The second TIP grant has a federal share of $5,280,000 with the City’s required local match of $1,320,000. The CDOT funding for the project partially consists of State Safety funds for a total of $4,200,000 that consist of funding for the proposed medians and to replace two of the traffic signals. In addition, CDOT State Surface funds of $3,000,000 that were originally designated to overlay the street from 35th Avenue to the Clear Creek bridge, just south of I-70. These State funds do not require a local match from the City. The total available funding outlined in amendment #1 is $45 million to include $1,427,680.97 for environmental costs, $5.2 million for design and ROW consultant costs, $15 million for ROW acquisition and $23.3 million for construction. BACKGROUND: Original Funding and Budget In October 2014, the City applied to the Denver Regional Council of Governments (DRCOG) for federal transportation funds to improve Wadsworth Boulevard from 35th Avenue to 48th Avenue. In April 2015, DRCOG awarded a Transportation Improvement Program (TIP) grant with a total budget of $31.6 million. The federal share was $25.28 million and the City’s required local match was $6.32 million. This grant had $20.5 million allocated for a conceptual construction budget estimate. It was well understood by the time that the grant was awarded, that additional funding might be needed to complete the full scope of the project, so staff began aggressively pursuing various additional funding sources. In early 2017, the City was awarded a Highway Safety Improvement Program (HSIP) grant for $2.6 million to construct the medians with a federal share of $2,340,000. CDOT is covering the local match of $260,000 because Wadsworth Boulevard is a state highway. Soon after, CDOT also committed to providing $4.1 million in additional funding that was previously programed for CDOT maintenance on this portion of Wadsworth Boulevard. An overlay was planned in 2019 from 35th to the Clear Creek bridge for a total of $3 million and the traffic signals at 3-Acre Lane and 44th Avenue were going to be replaced for a total of $1.1 million. Early in the development of the project and as part of the required environmental approvals, the decision was made to extend the project to tie into the I-70 eastbound ramp, which basically extended the project to the Clear Creek bridge. Due to this increase in scope and costs, in October 2018, the City applied to DRCOG for a second TIP grant for the portion of the project north of 48th Avenue. In August 2019, DRCOG awarded the second TIP grant with a total budget of $6.6 million. The federal share was $5.28 million and the City’s required local match was $1.32 million. Council Action Form – CDOT Wadsworth Amendment #1 October 12, 2020 Page 3 Updated Funding and Budget With Amendment #1, CDOT has adjusted the funding sources slightly, reducing the amount of the original TIP grant while increasing CDOT’s contribution to the project with the State Safety funds to bring the total allocated funding to $45 million. The funding sources are shown below: • Federal - $30.24 million • CDOT - $7.2 million • City - $7.56 million • Total - $45 million Staff provided an update on the funding and budget to City Council during the September 21, 2020 study session. During that meeting, the budget increases that have been experienced during the environmental phase and are being experienced during the design and ROW phase were discussed which have resulted in available construction funding of between $23 and $24 million. In order to fully fund the construction of the project, staff will continue to aggressively pursue additional funding options. However, at this time funding is available to build approximately 2/3 of the project. Since the second TIP grant ($6.6 million) was for the northern portion of the project, and would be lost if that construction work is not completed, the decision has been made to start the first phase of construction at the I-70 ramps and improve Wadsworth as far south as available construction funding allows. Phase 1 – 41st Avenue to I-70 A cost estimate has been completed for a construction project that starts just south of 41st Avenue, basically where Wendy’s/McDonalds are located and terminates at the I-70 ramps. This project is estimated at just over $21 million, which is within the available construction budget. There are also a number of design and traffic considerations that make this a logical southern termination for the first phase of construction. Phase 2 – 35th Avenue to 41st Avenue This portion of the project would be constructed at a later date once a funding source or sources of approximately $14 million are identified. If the funding source is identified within the next year, then this phase of the project could possibly be added to the contract for Phase 1 with little or no additional environmental or design work involved. Next Steps The preparation of the construction plans and ROW acquisition for the entire project will continue so that the Phase 2 work will be “shovel ready” should a funding source be identified. For that reason, Amendment #1 is still for the entire scope of the project. The construction plans should be finished two months ahead of completing the ROW acquisition, so there will be adequate time to prepare the Phase 1 set of plans for advertisement in early January 2021. Construction would then start in Spring 2021. Council Action Form – CDOT Wadsworth Amendment #1 October 12, 2020 Page 4 RECOMMENDATIONS: Staff recommends approving Amendment #1 to the original 2015 agreement with CDOT to add the additional funding that has been secured since the original agreement was executed and to extend the end date of the agreement to October 2025. RECOMMENDED MOTION: “I move to approve Resolution No. 51-2020, a resolution approving an amendment to the contract with the Colorado Department of Transportation (CDOT) for the Wadsworth Boulevard widening project from 35th avenue to interstate 70.” Or, “I move to postpone indefinitely Resolution No. 51-2020, a resolution approving an amendment to the contract with the Colorado Department of Transportation (CDOT) for the Wadsworth Boulevard widening project from 35th avenue to interstate 70, for the following reason(s) __________________________________________.” REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Supervisor Steve Nguyen, Engineering Division Manager Kenneth Johnstone, Director of Community Development Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 51-2020 2. Amendment #1 - Project No. NHPP 1211-086, SA 21006 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 51 Series of 2020 TITLE: A RESOLUTION APPROVING AN AMENDMENT TO THE CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE WADSWORTH BOULEVARD WIDENING PROJECT FROM 35TH AVENUE TO INTERSTATE 70 WHEREAS, the City Council wishes to provide for the improvement of Wadsworth Boulevard from 35th Avenue to Interstate 70; and WHEREAS, the City was awarded a federal transportation grant in 2015 by the Denver Regional Council of Governments (DRCOG) to improve Wadsworth Boulevard between 35th and 48th Avenues; and WHEREAS, the City approved an Agreement on October 12, 2015 with the Colorado Department of Transportation (CDOT), DRCOG’s funding steward, for the original funding of the Project that expires on October 26, 2020; and WHEREAS, the City has been awarded a second federal transportation grant by DRCOG to improve Wadsworth Boulevard between 48th Avenue and Interstate 70; and WHEREAS, the City has been allocated State Safety and State Surface funds by CDOT to improve Wadsworth Boulevard between 35th Avenue and Interstate 70; and WHEREAS, the City staff has negotiated Amendment #1 to the original 2015 Agreement with CDOT to add the additional funding to the Project for the construction phase and extend the agreement expiration date to October 25, 2025. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: Section 1. Amendment Approved. Amendment #1 between the City and the Colorado Department of Transportation for Project No. NHPP 1211-086, SA 21006: Wadsworth Boulevard Widening from 35th Avenue to Interstate 70, is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. DONE AND RESOLVED this 12th day of October 2020. _______________________ Bud Starker, Mayor ATTEST: __________________________ Steve Kirkpatrick, City Clerk PO #: 471000792 Routing #: 16-HA1-ZH-00035-M0007 Document Builder Generated Rev. 12/09/2016 Page 1 of 2 STATE OF COLORADO AMENDMENT Amendment #: 1 Project #: NHPP 1211-086 (21006) SIGNATURE AND COVER PAGE State Agency Department of Transportation Amendment Routing Number 16-HA1-ZH-00035-M0007 Local Agency CITY OF WHEAT RIDGE Original Agreement Routing Number 16-HA1-ZH-00035 Agreement Maximum Amount Total for all state fiscal years $45,000,000.00 Agreement Performance Beginning Date The later of the effective date or October 26, 2015 Initial Agreement expiration date October 25, 2025 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director ___________________________________________ Stephen Harelson, P.E., Chief Engineer Date: _________________________ LOCAL AGENCY CITY OF WHEAT RIDGE ___________________________________________ Signature ___________________________________________ By: (Print Name and Title) Date: _________________________ LOCAL AGENCY (2nd Signature if Necessary) ___________________________________________ Signature ___________________________________________ By: (Print Name and Title) Date: _________________________ In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:___________________________________________ Department of Transportation Effective Date:_____________________ PO #: 471000792 Routing #: 16-HA1-ZH-00035-M0007 Document Builder Generated Rev. 12/09/2016 Page 2 of 2 1)PARTIESThis Amendment (the “Amendment”) to the Original Agreement shown on the Signature and Cover Page for this Amendment (the “Agreement”) is entered into by and between the Local Agency and the State. 2)TERMINOLOGYExcept as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Agreement shall be construed and interpreted in accordance with the Agreement. 3)EFFECTIVE DATE AND ENFORCEABILITYA.Amendment Effective DateThis Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay the Local Agency for any Work performed or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this AmendmentB.Amendment TermThe Parties’ respective performances under this Amendment and the changes to the Agreement contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Agreement. 4)PURPOSEThe parties entered into this contract for the widening of Wadsworth Boulevard, from 35th Avenue to 48th Avenue. The parties now wish to amendment the contract to increase total funding to $45,000,000.00, update the Funding Provisions (through a new Exhibit C-4), extend the term of the contract by five years, and update the entire Exhibit Suite. 5)MODIFICATIONS a)Increase Total Budget from $31,600,000 to $45,000,000b)Decrease Federal STP-M Funds from $25,280,000 to $24,960,000c)Decrease Local STP-M Match from $6,320,000 to $6,240,000d)Add Federal CMAQ Funds of $5,280,000e)Add Local CMAQ Match of $1,320,000f)Add State Safety Funds of $4,200,000g)Add State Surface Funds of $3,000,000h)Extend term of contract to October 25, 2025i)Replace Exhibit Suite A-K in its entirety with new Exhibit Suite A-M 6)LIMITS OF EFFECTThis Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically modifies those Special Provisions. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Exhibit A-1 – Page 1 of 1 EXHIBIT A-1 STATEMENT OF WORK Wadsworth Blvd Widening: 35th Ave to I-70 NHPP 1211-086 (21006) Scope of Work Develop an EA (Environmental Assessment) Template and construction plans to widen Wadsworth Boulevard from 4 (four) lanes to 6 (six) lanes with additional turn lanes at key congested intersections and medians to better manage access along the corridor. Sidewalks will be included. Also included, will be new LED street and pedestrian lighting and street-scape improvements with landscaping and street furniture. Exhibit B-1 - Page 1 of 2 EXHIBIT B-1 SAMPLE OPTION LETTER State Agency Department of Transportation Option Letter Number ZOPTLETNUM Local Agency ZVENDORNAME Agreement Routing Number ZSMARTNO Agreement Maximum Amount Initial term State Fiscal Year ZFYY_1 Extension terms State Fiscal Year ZFYY_2 State Fiscal Year ZFYY_3 State Fiscal Year ZFYY_4 State Fiscal Year ZFYY_5 Total for all state fiscal years $ ZFYA_1 $ ZFYA_2 $ ZFYA_3 $ ZFYA_4 $ ZFYA_5 $ ZPERSVC_MAX_ AMOUNT Agreement Effective Date The later of the effective date or ZSTARTDATEX Current Agreement Expiration Date ZTERMDATEX 1.OPTIONS: A.Option to extend for an Extension Term B.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 orRailroads) and to update encumbrance amounts (a new Exhibit C must be attached with the option letter and shall belabeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.). C.Option to unilaterally transfer funds from one phase to another phase (a new Exhibit C must be attached with theoption letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C- 4, etc.). D.Option to unilaterally do both A and B (a new Exhibit C must be attached with the option letter and shall belabeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.). E.Option to update a Phase Performance Period and/or Modify OMB Uniform Guidance Information. 2.REQUIRED PROVISIONS: Option A In accordance with Section 2, C of the Original Agreement referenced above, the State hereby exercises its option for an additional term, beginning on (insert date) and ending on the current contract expiration date shown above, under the same funding provisions stated in the Original Contract Exhibit C, as amended. Option B In accordance with Section 7, E of the Original Agreement referenced above, the State hereby exercises its 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 labeled as follows: C-2, C-3, C-4, etc.). Option C In accordance with Section 7, E of the Original Agreement referenced above, the State hereby exercises its option to Exhibit B-1 - Page 2 of 2 authorize the Local Agency 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. Option D In accordance with Section 7, E of the Original Agreement referenced above, the State hereby exercises its 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); 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 language must be included on ALL options): The Agreement Maximum Amount table on the Contract’s Signature and Cover Page is hereby deleted and replaced with the Current Agreement Maximum Amount table shown above. Option E In accordance with Section 7, E of the Original Agreement referenced above, the State hereby exercises its option to authorize the Local Agency to update a Phase Performance Period and/or Modify OMB Uniform Guidance Information. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. 3.OPTION EFFECTIVE DATE: The effective date of this option letter is upon approval of the State Controller or delegate. APPROVALS: State of Colorado: Jared S. Polis, Governor By: Date: Executive Director, Colorado Department of Transportation ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER State Controller Robert Jaros, CPA, MBA, JD By: Date: 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. Exhibit C-4 - Page 1 of 2 EXHIBIT C-4 – FUNDING PROVISIONS NHPP 1211-086 (21006) Cost of Work Estimate The Local Agency has estimated the total cost the Work to be $45,000,000.00, which is to be funded as follows: 1.BUDGETED FUNDS a.Federal Funds STP-M(80% of Participating Costs)$24,960,000.00 b.Local Agency Matching Funds(20% of Participating Costs) c.Federal Funds CMAQ(80% of Participating Costs) d.Local Agency Matching Funds(20% of Participating Costs) e.State (Safety)(100% of Participating Costs) f.State (Surface)(100% of Participating Costs) $6,240,000.00 $5,280,000.00 $1,320,000.00 $4,200,000.00 $3,000,000.00 TOTAL BUDGETED FUNDS $45,000,000.00 2.OMB UNIFORM GUIDANCE a.Federal Award Identification Number (FAIN):TBD b.Federal Award Date (also Phase Performance Start Date):See Below c.Amount of Federal Funds Obligated:$5,302,144.78 d.Total Amount of Federal Award:$30,240,000.00 e.Name of Federal Awarding Agency:FHWA f.CFDA# - Highway Planning and Construction CFDA 20.205 g.Is the Award for R&D?No h.Indirect Cost Rate (if applicable)N/A 3.ESTIMATED PAYMENT TO LOCAL AGENCY a.Federal Funds Budgeted $30,240,000.00 b.Less Estimated Federal Share of CDOT-Incurred Costs $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $37,280,000.00 4.FOR CDOT ENCUMBRANCE PURPOSES a.Total Encumbrance Amount $45,000,000.00 b.Less ROW Acquisition 3111 and/or ROW Relocation 3109 $15,000,000.00 Net to be encumbered as follows: $30,000,000.00 Exhibit C-4 - Page 2 of 2 Note: Only $5,200,000.00 in Design and $1,427,680.97 in Environmental funds are currently available. Additional funds will become available after execution of an Option letter (Exhibit B) or formal Amendment. Performance Period Start*/End Date WBS Element 21006.10.30 7/23/2015 / 4/30/2021 Design 3020 $5,200,000.00 WBS Element 21006.10.40 7/23/2015 / 4/30/2021 Environmental 3030 $1,427,680.97 WBS Element 21006.20.10 TBD / TBD Construction 3301 $0.00 *The Local Agency should not begin work until all three of the following are in place: 1) Phase Performance Period Start Date; 2) The execution of the document encumbering funds for the respective phase; and 3) Local Agency receipt of the official Notice to Proceed. Any work performed before these three (3) milestones are achieved will not be reimbursable. B.Matching FundsThe matching ratio for the federal participating funds for this Work is 80.00% federal-aid (STP-M) funds to 20.00% Local Agency funds,it being understood that such ratio applies only to the $31,200,000.00 that is eligible for federal participation, it being further understoodthat all non-participating costs are borne by the Local Agency at 100%. Also the matching ratio for the federal participating funds for thisWork is 80.00% federal-aid (CMAQ) funds to 20.00% Local Agency funds, it being understood that such ratio applies only to the$6,600,000.00 that is eligible for federal participation, it being further understood that all non-participating costs are borne by the LocalAgency at 100%. If the total participating cost of performance of the Work exceeds $6,600,000.00, and additional federal funds are madeavailable for the Work, the Local Agency shall pay 20.00% of all such costs eligible for federal participation and 100% of all non-participating costs; if additional federal funds are not made available, the Local Agency shall pay all such excess costs. If the totalparticipating cost of performance of the Work is less than $37,800,000.00, then the amounts of Local Agency and federal-aid funds will bedecreased in accordance with the funding ratio described herein. The performance of the Work shall be at no cost to the State. C.Maximum Amount PayableThe maximum amount payable to the Local Agency under this Agreement shall be $25,800,000.00 (total budgeted federal funds of$37,800,000.00, minus Federal share of ROW Acquisition 3111 and/or ROW Relocation 3109 of $12,000,000.00) (for CDOT accountingpurposes, the federal funds of $25,800,000.00 and the Local Agency matching funds of $3,600,000.00 [total Local Agency Matching Funds of $6,600,000.00 minus Local Agency share of ROW Acquisition of $3,000,000.00], and the State funds of $7,200,000.00 will beencumbered for a total encumbrance of $36,600,000.00), unless such amount is increased by an appropriate written modification to thisAgreement executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and thatsuch cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. 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. E. of this contract. D.Single Audit Act AmendmentAll state and local government and non-profit organizations receiving more than $750,000 from all funding sources defined as federalfinancial assistance for Single Audit Act Amendment purposes shall comply with the audit requirements of 2 CFR part 200, subpart F(Audit Requirements) see also, 49 C.F.R. 18.20 through 18.26. The Single Audit Act Amendment requirements applicable to the LocalAgency receiving federal funds are as follows: i.Expenditure less than $750,000If the Local Agency expends less than $750,000 in Federal funds (all federal sources, not just Highway funds) in its fiscalyear then this requirement does not apply. ii.Expenditure of $750,000 or more-Highway Funds OnlyIf the Local Agency expends $750,000 or more, in Federal funds, but only received federal Highway funds (Catalog ofFederal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the“financial” procedures and processes for this program area. iii.Expenditure of $750,000 or more-Multiple Funding SourcesIf the Local Agency expends $750,000 or more 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 CPASingle Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct orindirect cost. Exhibit D-1 - Page 1 of 1 EXHIBIT D-1 LOCAL AGENCY RESOLUTION (If APPLICABLE) CDOT Form 1243 7/17 Page 1 of 4 COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Project No. NHPP 1211-086 STIP No. SR17012.0018 Project Code 21006 Region 1 Project Location Wadsworth Blvd Widening: 35th Ave to I-70 Date 07/06/2020 Project Description: Wadsworth Blvd Widening: 35th Ave to I-70 Local Agency City of Wheat Ridge Local Agency Project Manager Mark Westberg CDOT Resident Engineer Maria Hajiaghaee CDOT Project Manager Joy French INSTRUCTIONS: This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement. The checklist becomes an attachment to the Local Agency agreement. Section numbers correspond to the applicable chapters of the CDOT Local Agency Manual. The checklist shall be prepared by placing an "X" under the responsible party, opposite each of the tasks. The “X” denotes the party responsible for initiating and executing the task. Only one responsible party should be selected. When neither CDOT nor the Local Agency is responsible for a task, not applicable (NA) shall be noted. In addition, a “#” will denote that CDOT must concur or approve. Tasks that will be performed by Headquarters staff will be indicated. The Regions, in accordance with established policies and procedures, will determine who will perform all other tasks that are the responsibility of CDOT. The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation with the Local Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the CDOT Resident Engineer, in cooperation with the Local Agency Project Manager, will prepare and distribute a revised checklist. Note: Failure to comply with applicable Federal and State requirements may result in the loss of Federal or State participation in funding. NO. DESCRIPTION OF TASK RESPONSIBLE PARTY LA CDOT TIP / STIP AND LONG-RANGE PLANS 2.1 Review Project to ensure it is consistent with STIP and amendments thereto X FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4.1 Authorize funding by phases (CDOT Form 418 - Federal-aid Program Data. Requires FHWA concurrence/involvement) X PROJECT DEVELOPMENT 5.1 Prepare Design Data - CDOT Form 463 X # 5.2 Prepare Local Agency/CDOT Inter-Governmental Agreement (see also Chapter 3) X 5.3 Conduct Consultant Selection/Execute Consultant Agreement •Project Development •Construction Contract Administration (including Fabrication Inspection Services) XX # 5.4 Conduct Design Scoping Review Meeting X X 5.5 Conduct Public Involvement X 5.6 Conduct Field Inspection Review (FIR) X X 5.7 Conduct Environmental Processes (may require FHWA concurrence/involvement) X # 5.8 Acquire Right-of-Way (may require FHWA concurrence/involvement) X # 5.9 Obtain Utility and Railroad Agreements X # 5.10 Conduct Final Office Review (FOR) X X EXHIBIT E-1 -- Local Agency Contract Administration Checklist Previous editions are obsolete and may not be used. Exhibit E-1, Page 1 of 4 CDOT Form 1243 7/17 Page 2 of 4 Previous editions are obsolete and may not be used. NO. DESCRIPTION OF TASK RESPONSIBLE PARTY LA CDOT 5.11 Justify Force Account Work by the Local Agency X # 5.12 Justify Proprietary, Sole Source, or Local Agency Furnished Items X # 5.13 Document Design Exceptions - CDOT Form 464 X # 5.14 Prepare Plans, Specifications, Construction Cost Estimates and Submittals X # 5.15 Ensure Authorization of Funds for Construction X PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE 6.1 Set Disadvantaged Business Enterprise (DBE) Goals for Consultant and Construction Contracts (CDOT Region EEO/Civil Rights Specialist). X X 6.2 Determine Applicability of Davis-Bacon Act This project is is not exempt from Davis-Bacon requirements as determined by the functional classification of the project location (Projects located on local roads and rural minor collectors may be exempt.) Maria Hajiaghaee 08/26/2019 CDOT Resident Engineer (Signature on File) Date X 6.3 Set On-the-Job Training Goals (CDOT Region EEO/Civil Rights Specialist) X 6.4 Title VI Assurances X X Ensure the correct Federal Wage Decision, all required Disadvantaged Business Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included in the Contract (CDOT Resident Engineer) X X ADVERTISE, BID AND AWARD of CONSTRUCTION PROJECTS 7.1 Obtain Approval for Advertisement Period of Less Than Three Weeks X # 7.2 Advertise for Bids X 7.3 Distribute “Advertisement Set” of Plans and Specifications X 7.4 Review Worksite and Plan Details with Prospective Bidders While Project Is Under Advertisement X 7.5 Open Bids X 7.6 Process Bids for Compliance Check CDOT Form 1415 – Commitment Confirmation when the low bidder meets DBE goals X Evaluate CDOT Form 1416 - Good Faith Effort Report and determine if the Contractor has made a good faith effort when the low bidder does not meet DBE goals X Submit required documentation for CDOT award concurrence X 7.7 Concurrence from CDOT to Award X 7.8 Approve Rejection of Low Bidder X 7.9 Award Contract X # 7.10 Provide “Award” and “Record” Sets of Plans and Specifications X CONSTRUCTION MANAGEMENT 8.1 Issue Notice to Proceed to the Contractor X # 8.2 Project Safety X # 8.3 Conduct Conferences: Pre-Construction Conference (Appendix B) •Fabrication Inspection Notifications X Pre-survey •Construction staking •Monumentation XX Partnering (Optional) X Structural Concrete Pre-Pour (Agenda is in CDOT Construction Manual) X Concrete Pavement Pre-Paving (Agenda is in CDOT Construction Manual) X HMA Pre-Paving (Agenda is in CDOT Construction Manual) X 8.4 Develop and distribute Public Notice of Planned Construction to media and local residents X Exhibit E-1, Page 2 of 4 CDOT Form 1243 7/17 Page 3 of 4 Previous editions are obsolete and may not be used. NO. DESCRIPTION OF TASK RESPONSIBLE PARTY LA CDOT 8.5 Supervise Construction A Professional Engineer (PE) registered in Colorado, who will be “in responsible charge of construction supervision.” Russ Higgins 303 235-2869 Local Agency Professional Engineer or Phone number CDOT Resident Engineer X Provide competent, experienced staff who will ensure the Contract work is constructed in accordance with the plans and specifications X Construction inspection and documentation X Fabrication Inspection and documentation X 8.6 Approve Shop Drawings X 8.7 Perform Traffic Control Inspections X 8.8 Perform Construction Surveying X 8.9 Monument Right-of-Way X 8.10 Prepare and Approve Interim and Final Contractor Pay Estimates. Collect and review CDOT Form 1418 (or equivalent) Provide the name and phone number of the person authorized for this task. Russ Higgins 303 235-2869 Local Agency Representative Phone number 8.11 Prepare and Approve Interim and Final Utility and Railroad Billings X 8.12 Prepare and Authorize Change Orders X # 8.13 Submit Change Order Package to CDOT X 8.14 Prepare Local Agency Reimbursement Requests X 8.15 Monitor Project Financial Status X 8.16 Prepare and Submit Monthly Progress Reports X 8.17 Resolve Contractor Claims and Disputes X 8.18 Conduct Routine and Random Project Reviews Provide the name and phone number of the person responsible for this task. Kevin Brown 720 497 6954 CDOT Resident Engineer Phone number X 8.19 Ongoing Oversight of DBE Participation X # MATERIALS 9.1 Discuss Materials at Pre-Construction Meeting •Buy America documentation required prior to installation of steel X # 9.2 Complete CDOT Form 250 - Materials Documentation Record •Generate form, which includes determining the minimum number of required tests andapplicable material submittals for all materials placed on the project •Update the form as work progresses •Complete and distribute form after work is completed XX X 9.3 Perform Project Acceptance Samples and Tests X 9.4 Perform Laboratory Verification Tests X 9.5 Accept Manufactured Products Inspection of structural components: •Fabrication of structural steel and pre-stressed concrete structural components •Bridge modular expansion devices (0” to 6” or greater) •Fabrication of bearing devices X XXX 9.6 Approve Sources of Materials X 9.7 Independent Assurance Testing (IAT), Local Agency Procedures CDOT Procedures •Generate IAT schedule•Schedule and provide notification •Conduct IAT X X X Exhibit E-1, Page 3 of 4 CDOT Form 1243 7/17 Page 4 of 4 Previous editions are obsolete and may not be used. NO. DESCRIPTION OF TASK RESPONSIBLE PARTY LA CDOT 9.8 Approve mix designs •Concrete•Hot mix asphalt XX XX 9.9 Check Final Materials Documentation X # 9.10 Complete and Distribute Final Materials Documentation X CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE 10.1 Fulfill Project Bulletin Board and Pre-Construction Packet Requirements X 10.2 Process CDOT Form 205 - Sublet Permit Application Review and sign completed CDOT Form 205 for each subcontractor, and submit to EEO/Civil Rights Specialist X # 10.3 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee Interviews. Complete CDOT Form 280 X 10.4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the “Commercially Useful Function” Requirements X 10.5 Conduct Interviews When Project Utilizes On-the-Job Trainees. •Complete CDOT Form 1337 – Contractor Commitment to Meet OJT Requirements. •Complete CDOT Form 838 – OJT Trainee / Apprentice Record. •Complete CDOT Form 200 - OJT Training Questionnaire XXXX 10.6 Check Certified Payrolls (Contact the Region EEO/Civil Rights Specialists for training requirements.) X 10.7 Submit FHWA Form 1391 - Highway Construction Contractor’s Annual EEO Report X FINALS 11.1 Conduct Final Project Inspection. Complete and submit CDOT Form 1212 - Final Acceptance Report (Resident Engineer with mandatory Local Agency participation.) X 11.2 Write Final Project Acceptance Letter X # 11.3 Advertise for Final Settlement X # 11.4 Prepare and Distribute Final As-Constructed Plans X # 11.5 Prepare EEO Certification and Collect EEO Forms X # 11.6 Check Final Quantities, Plans, and Pay Estimate; Check Project Documentation; and submit Final Certifications X # 11.7 Check Material Documentation and Accept Final Material Certification (See Chapter 9) X # 11.8 Obtain CDOT Form 1419 from the Contractor and Submit to the CDOT Project Manager X # 11.9 (FHWA Form 47 discontinued) NA 11.10 Complete and Submit CDOT Form 1212 – Final Acceptance Report (by CDOT) X 11.11 Process Final Payment X X 11.12 Complete and Submit CDOT Form 950 - Project Closure X 11.13 Retain Project Records for Six Years from Date of Project Closure X X 11.14 Retain Final Version of Local Agency Contract Administration Checklist X X cc: CDOT Resident Engineer/Project Manager CDOT Region Program Engineer CDOT Region EEO/Civil Rights Specialist CDOT Region Materials Engineer CDOT Contracts and Market Analysis Branch Local Agency Project Manager Exhibit E-1, Page 4 of 4 Exhibit F-1 - Page 1 of 1 EXHIBIT F-1 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 agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub- recipients shall certify and disclose accordingly. Exhibit G-1 - Page 1 of 1 EXHIBIT G-1 DISADVANTAGED BUSINESS ENTERPRISE SECTION 1. Policy. It is the policy of the Colorado Department of Transportation (CDOT) that disadvantaged business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement, pursuant to 49 CFR Part 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 CDOT DBE program (or a Local Agency DBE Program approved in advance by the State) to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of CDOT 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 2829 West Howard Place Denver, Colorado 80204 Phone: (303) 757-9007 REVISED 1/22/98 REQUIRED BY 49 CFR PART 26 Exhibit H-1 - Page 1 of 2 EXHIBIT H-1 LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded Local Agency project agreement administered by CDOT that involves professional consultant services. 23 CFR 172.1 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 CDOT. CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related operations guidebook titled "Obtaining Professional Consultant Services". This directive and guidebook incorporate requirements from both Federal and State regulations, i.e., 23 CFR 172 and CRS §24-30-1401 et seq. Copies of the directive and the guidebook may be obtained upon request from CDOT's Agreements and Consultant Management Unit. [Local agencies should have their own written procedures on file for each method of procurement that addresses the items in 23 CFR 172]. 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 CDOT 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 ofwork and a list of evaluation factors and their relative importance. The evaluation factors are those identified inC.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 ofthe three most qualified firms and the advertising should be done in one or more daily newspapers of general circulation. 4.The Local Agency shall not advertise any federal aid contract without prior review by the CDOT RegionalCivil Rights Office (RCRO) to determine whether the contract shall be subject to a DBE contract goal. If theRCRO determines a goal is necessary, then the Local Agency shall include the goal and the applicable provisionswithin the advertisement. The Local Agency shall not award a contract to any Contractor or Consultant withoutthe confirmation by the CDOT Civil Rights and Business Resource Center that the Contractor or Consultant hasdemonstrated good faith efforts. The Local Agency shall work with the CDOT RCRO to ensure compliance withthe established terms during the performance of the contract. 5.The Local Agency shall require that all contractors pay subcontractors for satisfactory performance of workno later than 30 days after the receipt of payment for that work from the contractor. For construction projects, thistime period shall be reduced to seven days in accordance with Colorado Revised Statute 24-91-103(2). If the LocalAgency withholds retainage from contractors and/or allows contractors to withhold retainage fromsubcontractors, such retainage provisions must comply with 49 CFR 26.29. 6.Payments to all Subconsultants shall be made within thirty days of receipt of payment from [the LocalAgency] or no later than ninety days from the date of the submission of a complete invoice from theSubconsultant, whichever occurs first. If the Consultant has good cause to dispute an amount invoiced by aSubconsultant, the Consultant shall notify [the Local Agency] no later than the required date for payment. Suchnotification shall include the amount disputed and justification for the withholding. The Consultant shallmaintain records of payment that show amounts paid to all Subconsultants. Good cause does not include theConsultant’s failure to submit an invoice to the Local Agency or to deposit payments made. 7.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 CDOT pre-qualified prime consultants andtheir 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, Exhibit H-1 - Page 2 of 2 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. 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. 8.Once a consultant is selected, the Local Agency enters into negotiations with the consultant to obtain a fairand 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 costprinciples 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 indirectcosts. 9.A qualified Local Agency employee shall be responsible and in charge of the Work to ensure that the workbeing 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 CDOT form is available) on theconsultant. CRS §§24-30-1401 THROUGH 24-30-1408, 23 CFR PART 172, AND P.D. 400.1, PROVIDE ADDITIONAL DETAILS FOR COMPLYING WITH THE PRECEEDING EIGHT (8) STEPS. Exhibit -I-1 - Page 1 of 11 FHWA-1273 -- Revised May 1, 2012 EXHIBIT I-1 FEDERAL-AID CONTRACT PROVISIONS FOR CONSTRUCTION CONTRACTS I.GeneralII.Nondiscrimination III.Nonsegregated Facilities IV.Davis-Bacon and Related Act Provisions V.Contract Work Hours and Safety Standards Act Provisions VI.Subletting or Assigning the Contract VII.Safety: Accident Prevention VIII.False Statements Concerning Highway Projects IX.Implementation of Clean Air Act and Federal Water Pollution Control ActX.Compliance with Government wide Suspension andDebarment Requirements XI.Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for AppalachianDevelopment Highway System or Appalachian Local Access RoadContracts (included in Appalachian contracts only) I.GENERAL 1.Form FHWA-1273 must be physically incorporated in eachconstruction contract funded under Title 23 (excluding emergencycontracts solely intended for debris removal). The contractor (orsubcontractor) must insert this form in each subcontract and furtherrequire its inclusion in all lower tier subcontracts (excluding purchaseorders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2.Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on thecontract by the contractor's own organization and with the assistanceof workers under the contractor's immediate superintendence and toall work performed on the contract by piecework, station work, or by subcontract. 3.A breach of any of the stipulations contained in these Required ContractProvisions may be sufficient grounds for withholding of progress payments,withholding of final payment, termination of the contract, suspension/debarment or any other action determined to be appropriate by the contracting agency andFHWA. 4.Selection of Labor: During the performance of this contract, the contractorshall not use convict labor for any purpose within the limits of a constructionproject on a Federal-aid highway unless it is labor performed by convicts whoare on parole, supervised release, or probation. The term Federal-aid highwaydoes not include roadways functionally classified as local roads or rural minorcollectors. II.NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1.Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equalopportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders ofthe Secretary of Labor as modified by the provisions prescribed herein, andimposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specificaffirmative action standards for the contractor's project activities under thiscontract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 areincorporated by reference in this contract. In the execution of this contract, thecontractor agrees to comply with the following minimum specific requirementactivities of EEO: Exhibit I-1 - Page 2 of 11 a. The contractor will work with the contracting agency and theFederal Government to ensure that it has made every good faitheffort to provide equal opportunity with respect to all of its termsand conditions of employment and in their review of activitiesunder the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants areemployed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the- job training." 2.EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibilityfor and must be capable of effectively administering and promoting anactive EEO program and who must be assigned adequate authority andresponsibility to do so. 3.Dissemination of Policy: All members of the contractor's staffwho are authorized to hire, supervise, promote, and dischargeemployees, or who recommend such action, or who are substantiallyinvolved in such action, will be made fully cognizant of, and willimplement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification ofemployment. To ensure that the above agreement will be met, thefollowing actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employeeswill be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be givena thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implementsuch policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4.Recruitment: When advertising for employees, the contractor willinclude in all advertisements for employees the notation: "An EqualOpportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women inthe area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargainingagreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreementproviding for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to referminorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5.Personnel Actions: Wages, working conditions, and employeebenefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion,layoff, and termination, shall be taken without regard to race, color,religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of allegeddiscrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6.Training and Promotion: The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. a. Consistent with the contractor's work force requirements and aspermissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). b. The contractor will advise employees and applicants foremployment of available training programs and entrance requirements for each. c. The contractor will periodically review the training and promotionpotential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. Exhibit I - Page 3 of 11 7.Unions: If the contractor relies in whole or in part upon unions as asource of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through acontractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, incooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practicesand policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8.Reasonable Accommodation for Applicants / Employees withDisabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must providereasonable accommodation in all employment activities unless to doso would cause an undue hardship. 9.Selection of Subcontractors, Procurement of Materials andLeasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disabilityin the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take allnecessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors andsuppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10.Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT’sU.S. DOT-approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11.Records and Reports: The contractor shall keep such records asnecessary to document compliance with the EEO requirements. Suchrecords shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall beavailable at reasonable times and places for inspection by authorizedrepresentatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non- minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring,training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the- job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single- user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV.DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. Exhibit I-1 - Page 4 of 11 The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1.Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborersor mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested isnot performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2)If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits whereappropriate), a report of the action taken shall be sent by thecontracting officer to the Administrator of the Wage and HourDivision, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorizedrepresentative, will approve, modify, or disapprove every additionalclassification action within 30 days of receipt and so advise thecontracting officer or will notify the contracting officer within the 30- day period that additional time is necessary. (3)In the event the contractor, the laborers or mechanics to beemployed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (4)The wage rate (including fringe benefits where appropriate)determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for aclass of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other thirdperson, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account, assets for the meeting of obligations under the plan or program. Exhibit I-1 - Page 5 of 11 2.Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3.Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained bythe contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, andsocial security number of each such worker, his or her correctclassification, hourly rates of wages paid (including rates ofcontributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of theDavis- Bacon Act), daily and weekly number of hours worked,deductions made and actual wages paid. Whenever the Secretary ofLabor has found under 29 CFR 5.5(a)(1)(iv) that the wages of anylaborer or mechanic include the amount of any costs reasonablyanticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits isenforceable, that the plan or program is financially responsible, andthat the plan or program has been communicated in writing to thelaborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.Contractors employing apprentices or trainees under approvedprograms shall maintain written evidence of the registration ofapprenticeship programs and certification of trainee programs, theregistration of the apprentices and trainees, and the ratios and wagerates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR5.5(a)(3)(i), except that full social security numbers and homeaddresses shall not be included on weekly transmittals. Instead thepayrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's socialsecurity number). The required weekly payroll information may besubmitted in any form desired. Optional Form WH–347 is availablefor this purpose from the Wage and Hour Division Web site athttp://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copiesof payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of eachcovered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of aninvestigation or audit of compliance with prevailing wagerequirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency. (2) Each payroll submitted shall be accompanied by a “Statement ofCompliance,” signed by the contractor or subcontractor or his or heragent who pays or supervises the payment of the persons employedunder the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3) (ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;(ii) That each laborer or mechanic (including each helper,apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made eitherdirectly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than theapplicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject thecontractor or subcontractor to civil or criminal prosecution undersection 1001 of title 18 and section 231 of title 31 of the United StatesCode. c. The contractor or subcontractor shall make the records required underparagraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. Ifthe contractor or subcontractor fails to submit the required records or tomake them available, the FHWA may, after written notice to thecontractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment,advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be groundsfor debarment action pursuant to 29 CFR 5.12. 4.Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. Exhibit I-1 - Page 6 of 11 The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S.DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal- aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5.Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which areincorporated by reference in this contract. 6.Subcontracts. The contractor or subcontractor shall insert FormFHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7.Contract termination: debarment. A breach of the contract clausesin 29 CFR 5.5 may be grounds for termination of the contract, and fordebarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8.Compliance with Davis-Bacon and Related Act requirements. Allrulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9.Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to thegeneral disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. Exhibit I-1 - Page 7 of 11 10.Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it(nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awardedGovernment contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S.Criminal Code, 18 U.S.C. 1001. V.CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractorcontracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of thissection, the contractor and any subcontractor responsible thereforshall be liable for the unpaid wages. In addition, such contractor andsubcontractor shall be liable to the United States (in the case of workdone under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidateddamages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation ofthe clause set forth in paragraph (1.) of this section, in the sum of $10for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hourswithout payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or uponwritten request of an authorized representative of the Department ofLabor withhold or cause to be withheld, from any moneys payable onaccount of work performed by the contractor or subcontractor underany such contract or any other Federal contract with the same primecontractor, or any other federally-assisted contract subject to theContract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to benecessary to satisfy any liabilities of such contractor or subcontractorfor unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in anysubcontracts the clauses set forth in paragraph (1.) through (4.) of thissection and also a clause requiring the subcontractors to include theseclauses in any lower tier subcontracts. The prime contractor shall beresponsible for compliance by any subcontractor or lower tiersubcontractor with the clauses set forth in paragraphs (1.) through (4.)of this section. VI.SUBLETTING OR ASSIGNING THECONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System. 1.The contractor shall perform with its own organization contract workamounting to not less than 30 percent (or a greater percentage ifspecified elsewhere in the contract) of the total original contract price,excluding any specialty items designated by the contracting agency.Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to beperformed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” refers toworkers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision ofthe day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for thepayment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work thatrequires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2.The contract amount upon which the requirements set forth inparagraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by thecontractor under the contract provisions. 3.The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to directperformance of the work in accordance with the contract requirements,and is in charge of all construction operations (regardless of whoperforms the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. Exhibit I-1 - Page 8 of 11 4.No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer,or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced inwriting and that it contains all pertinent provisions and requirements of the prime contract 5.The 30% self-performance requirement of paragraph (1) is notapplicable to design-build contracts; however, contracting agenciesmay establish their own self-performance requirements. VII. SAFETY: ACCIDENTPREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1.In the performance of this contract the contractor shall comply withall applicable Federal, State, and local laws governing safety, health,and sanitation (23 CFR 635). The contractor shall provide allsafeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer maydetermine, to be reasonably necessary to protect the life and health ofemployees on the job and the safety of the public and to protectproperty in connection with the performance of the work covered bythe contract. 2.It is a condition of this contract, and shall be made a condition ofeach subcontract, which the contractor enters into pursuant to thiscontract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings orunder conditions which are unsanitary, hazardous or dangerous tohis/her health or safety, as determined under construction safety andhealth standards (29 CFR 1926) promulgated by the Secretary ofLabor, in accordance with Section 107 of the Contract Work Hoursand Safety Standards Act (40 U.S.C. 3704). 3.Pursuant to 29 CFR 1926.3, it is a condition of this contract that theSecretary of Labor or authorized representative thereof, shall have rightof entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standardsand to carry out the duties of the Secretary under Section 107 of theContract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available toall persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERALWATER POLLUTION CONTROLACT This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1.That any person who is or will be utilized in the performance of thiscontract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act.2.That the contractor agrees to include or cause to be included therequirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency maydirect as a means of enforcing such requirements. X.CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 1.Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below.b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this coveredtransaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. Exhibit I-1 - Page 9 of 11 The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determinedthat the prospective participant knowingly rendered an erroneouscertification, in addition to other remedies available to the FederalGovernment, the contracting agency may terminate thistransaction for cause of default. d. The prospective first tier participant shall provide immediatewritten notice to the contracting agency to whom this proposal issubmitted if any time the prospective first tier participant learnsthat its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended,""ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180and 1200. “First Tier Covered Transactions” refers to anycovered transaction between a grantee or subgrantee of Federalfunds and a participant (such as the prime or general contract).“Lower Tier Covered Transactions” refers to any coveredtransaction under a First Tier Covered Transaction (such assubcontracts). “First Tier Participant” refers to the participantwho has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant whohas entered into a covered transaction with a First TierParticipant or other Lower Tier Participants (such assubcontractors and suppliers). f. The prospective first tier participant agrees by submitting thisproposal that, should the proposed covered transaction be enteredinto, it shall not knowingly enter into any lower tier coveredtransaction with a person who is debarred, suspended, declaredineligible, or voluntarily excluded from participation in thiscovered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "CertificationRegarding Debarment, Suspension, Ineligibility and VoluntaryExclusion-Lower Tier Covered Transactions," provided by thedepartment or contracting agency, entering into this coveredtransaction, without modification, in all lower tier coveredtransactions and in all solicitations for lower tier coveredtransactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon acertification of a prospective participant in a lower tier coveredtransaction that is not debarred, suspended, ineligible, orvoluntarily excluded from the covered transaction, unless itknows that the certification is erroneous. A participant isresponsible for ensuring that its principals are not suspended,debarred, or otherwise ineligible to participate in coveredtransactions. To verify the eligibility of its principals, as well asthe eligibility of any lower tier prospective participants, eachparticipant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which iscompiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge andinformation of the prospective participant is not required to exceedthat which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of theseinstructions, if a participant in a covered transaction knowinglyenters into a lower tier covered transaction with a person who issuspended, debarred, ineligible, or voluntarily excluded fromparticipation in this transaction, in addition to other remediesavailable to the Federal Government, the department or agency may terminate this transaction for cause or default. * ** * * 2.Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a.The prospective first tier participant certifies to the best of itsknowledge and belief, that it and its principals: (1)Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2)Have not within a three-year period preceding this proposalbeen convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph(a)(2) of this certification; and (4)Have not within a three-year period preceding thisapplication/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b.Where the prospective participant is unable to certify to any of thestatements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of factupon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Exhibit I-1 - Page 10 of 11 c. The prospective lower tier participant shall provide immediatewritten notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting thisproposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees bysubmitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactionsexceedingthe$25,000 threshold. g. A participant in a covered transaction may rely upon acertification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. * ** * * Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1.The prospective lower tier participant certifies, by submission ofthis proposal, that neither it nor its principals is presently debarred,suspended, proposed for debarment, declared ineligible, or voluntarilyexcluded from participating in covered transactions by any Federaldepartment or agency. 2.Where the prospective lower tier participant is unable to certify toany of the statements in this certification, such prospective participantshall attach an explanation to this proposal. * ** * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1.The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, byor 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 contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paidor will be paid 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2.This certification is a material representation of fact upon whichreliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who failsto file the required certification shall be subject to a civil penalty of notless than $10,000 and not more than $100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of thiscertification be included in all lower tier subcontracts, which exceed$100,000 and that all such recipients shall certify and discloseaccordingly. Exhibit I-1 - Page 11 of 11 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of1965. 1.During the performance of this contract, the contractorundertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly residein the labor area as designated by the DOL wherein the contract workis situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a.To the extent that qualified persons regularly residing in the area are not available. b.For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c.For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2.The contractor shall place a job order with the State EmploymentService indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service tocomplete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shallpromptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified jobapplicants referred to him by the State Employment Service. Thecontractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification ofwork required. 4.If, within one week following the placing of a job order by thecontractor with the State Employment Service, the State EmploymentService is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service willforward a certificate to the contractor indicating the unavailability ofapplicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, thecontractor may employ persons who do not normally reside in the laborarea to fill positions covered by the certificate, notwithstanding theprovisions of subparagraph(1c) above. 5.The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resourcematerials native to the Appalachian region. 6.The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. Exhibit J-1 - Page 1 of 11 EXHIBIT J ADDITIONAL FEDERAL REQUIREMENTS Federal laws and regulations that may be applicable to the Work include: 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 Air 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 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 The Local Agency shall not exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States on the ground of race, color national origin, sex, age or disability. Prior to the receipt of any Federal financial assistance from CDOT, the Local Agency shall execute the attached Standard DOT Title VI assurance. As appropriate, the Local Agency shall include Appendix A, B, or C to the Standard DOT Title VI assurance in any contract utilizing federal funds, land or other aid. The Local Agency shall also include the following in all contract advertisements: The [Local Agency], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (79 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, DBEs will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for any award. Exhibit J-1 - Page 2 of 11 ADA In any contract utilizing federal funds, land, or other federal aid, the Local Agency shall require the federal- aid recipient or contractor to provide a statement of written assurance that they will comply with Section 504 and not discriminate on the basis of disability. 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, subtitle D, 41 USC 701 et seq.). Age Discrimination Act of 1975 The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementing regulation, 45 C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and implementingregulation 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 RegulationsThe 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.NondiscriminationThe 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. iii.Solicitations for Subcontracts, Including Procurement of Materials and EquipmentIn all solicitations either by competitive bidding or negotiation made by the Contractor for work to beperformed 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 ReportsThe Contractor will provide all information and reports required by the Regulations, or orders andinstructions 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. Exhibit J-1 - Page 3 of 11 v.Sanctions for NoncomplianceIn 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 this Exhibit J 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. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Exhibit J-1 - Page 4 of 11 SAMPLE The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination Assurances for Local Agencies DOT Order No. 1050.2A The [Local Agency] (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through the Colorado Department of Transportation and the Federal Highway Administration (FHWA), Federal Transit Administration (FTA), and Federal Aviation Administration (FAA), is subject to and will comply with the following: Statutory/Regulatory Authorities •Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); •49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department OfTransportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964);•28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively. General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, "for which the Recipient receives Federal financial assistance from DOT, including the FHWA, FTA, or FAA. The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these non- discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. Specific Assurances More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted FHWA, FTA, and FAA assisted programs: 1.The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23(b) and 21.23(e) of49 C.F.R. § 21 will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated,or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuantto the Acts and the Regulations.2.The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work,or material subject to the Acts and the Regulations made in connection with all FHWA, FTA and FAA programsand, in adapted form, in all proposals for negotiated agreements regardless of funding source: 3."The [Local Agency] in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity Exhibit J-1 - Page 5 of 11 4.to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 5.The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreementsubject to the Acts and the Regulations. 6.The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land,in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 7.That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility,the Assurance will extend to the entire facility and facilities operated in connection therewith. 8.That where the Recipient receives Federal financial assistance in the form, or for the acquisition of realproperty or an interest in real property, the Assurance will extend to rights to space on, over, or under suchproperty. 9.That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as acovenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a.for the subsequent transfer of real property acquired or improved under the applicable activity, project,or program; and b.for the construction or use of, or access to, space on, over, or under real property acquired or improvedunder the applicable activity, project, or program. 10.That this Assurance obligates the Recipient for the period during which Federal financial assistance isextended to the program, except where the Federal financial assistance is to provide, or is in the form of,personal property, or real property, or interest therein, or structures or improvements thereon, in which casethe Assurance obligates the Recipient, or any transferee for the longer of the following periods: a.the period during which the property is used for a purpose for which the Federal financial assistance isextended, or for another purpose involving the provision of similar services or benefits; orb.the period during which the Recipient retains ownership or possession of the property. 11.The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guaranteethat it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will complywith all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 12.The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. By signing this ASSURANCE, the [Local Agency] also agrees to comply (and require any sub-recipients, sub- grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the FHWA, FTA, and FAA’s access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by CDOT, FHWA, FTA, or FAA. You must keep records, reports, and submit the material for review Exhibit J-1 - Page 6 of 11 upon request to CDOT, FHWA, FTA, or FAA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. [Local Agency] gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the FHWA, FTA, and FAA. This ASSURANCE is binding on [Local Agency], other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the FHWA, FTA, and FAA funded programs. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient. (Name of Recipient) by (Signature of Authorized Official) DATED Exhibit J-1 - Page 7 of 11 APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1.Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Actsand the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department ofTransportation, FHWA, as they may be amended from time to time, which are herein incorporated by referenceand made a part of this contract. 2.Non-discrimination: The contractor, with regard to the work performed by it during the contract, will notdiscriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practiceswhen the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3.Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,either by competitive bidding, or negotiation made by the contractor for work to be performed under asubcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts andthe Regulations relative to Non-discrimination on the grounds of race, color, or national origin. 4.Information and Reports: The contractor will provide all information and reports required by the Acts, theRegulations, and directives 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 [Local Agency], CDOT or FHWA to bepertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish theinformation, the contractor will so certify to the [Local Agency], CDOT or FHWA, as appropriate, and willset forth what efforts it has made to obtain the information. 5.Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discriminationprovisions of this contract, the [Local Agency] will impose such contract sanctions as it, CDOT or FHWAmay determine to be appropriate, including, but not limited to: a.withholding payments to the contractor under the contract until the contractor complies; and/orb.cancelling, terminating, or suspending a contract, in whole or in part. 6.Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six inevery subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to anysubcontract or procurement as the Recipient or the [Local Agency], CDOT or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomesinvolved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, thecontractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4: NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the [Local Agency] will accept title to the lands and maintain the project constructed thereon in accordance with (Name of Appropriate Legislative Authority), the Regulations for the Administration of (Name of Appropriate Program), and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the [Local Agency] all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto [Local Agency] and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the [Local Agency] its successors and assigns. The [Local Agency], in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the [Local Agency] will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) Exhibit J-1 - Page 8 of 11 Exhibit J-1 - Page 9 of 11 APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the [Local Agency] pursuant to the provisions of Assurance 7(a): A.The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives,successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in thecase of deeds and leases add "as a covenant running with the land"] that: 1.In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed,license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, orprogram is extended or for another purpose involving the provision of similar services or benefits, the (grantee,licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with allrequirements imposed by the Acts and Regulations (as may be amended) such that no person on the groundsof race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwisesubjected to discrimination in the use of said facilities. B.With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-discriminationcovenants, [Local Agency] will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter,and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had neverbeen made or issued. * C.With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the [Local Agency]will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilitieswill there upon revert to and vest in and become the absolute property of the [Local Agency] and its assigns. * (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) Exhibit J-1 - Page 10 of 11 APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by [Local Agency] pursuant to the provisions of Assurance 7(b): A.The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives,successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in thecase of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race,color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjectedto discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or undersuch land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, willbe excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the(grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposedby or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B.With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non- discriminationcovenants, [Local Agency] will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., asappropriate) had never been made or issued. * C.With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, [Local Agency] will there upon revert to and vest in and become the absolute property of [Local Agency] of Transportation and itsassigns. * (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) Exhibit J-1 - Page 11 of 11 APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: •Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination onthe basis of race, color, national origin); and 49 CFR Part 21. •The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal orFederal-aid programs and projects); •Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); •Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discriminationon the basis of disability); and 49 CFR Part 27; •The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); •Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibitsdiscrimination based on race, creed, color, national origin, or sex); •The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability ofTitle VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of theRehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all ofthe programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programsor activities are Federally funded or not); •Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disabilityin the operation of public entities, public and private transportation systems, places of public accommodation,and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportationregulations at 49 C.F.R. parts 37 and 38; •The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibitsdiscrimination on the basis of race, color, national origin, and sex); •Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs,policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; •Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, andresulting agency guidance, national origin discrimination includes discrimination because of Limited Englishproficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEPpersons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); •Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating becauseof sex in education programs or activities (20 U.S.C. 1681 et seq). Exhibit K-1 - Page 1 of 4 EXHIBIT K FFATA 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 meaningsascribed to them below. 1.1. “Award” means an award of Federal financial assistance that a non-Federal Entity receives or administersin 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. Insurance; 1.1.8. Food commodities; 1.1.9. Direct appropriations; 1.1.10. 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 reporting, 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; 1.5.3. A domestic or foreign non-profit organization; Exhibit K-1 - Page 2 of 4 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. 1.15. “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 benefit 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 109-282), as amended by §6202 of Public Law 110-252. The Transparency Act also is referred to as FFATA. 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. Exhibit K-1 - Page 3 of 4 2.Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the regulationsissued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to suchprovisions or regulations shall automatically become a part of these Supplemental Provisions, without the necessityof either party executing any further instrument. The State of Colorado may provide written notification toContractor 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 thefinal 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 highlycompensated 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 ifContractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall be made toContractor for providing any reports required under these Supplemental Provisions and the cost of producing suchreports shall be included in the Contract price. The reporting requirements in §7 below are based on guidance fromthe US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any suchchanges shall be automatically incorporated into this Contract and shall become part of Contractor’s obligationsunder this Contract, as provided in §2 above. The Colorado Office of the State Controller will provide summariesof revised OMB reporting requirements at http://www.colorado.gov/dpa/dfp/sco/FFATA.htm. 6.Effective Date and Dollar Threshold for Reporting. The effective date of these Supplemental Provisions applyto 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 Awardmodifications result in a total Award of $25,000 or more, the Award is subject to the reporting requirements as ofthe 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 thereporting requirements. 7.Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth below. Exhibit K-1 - Page 4 of 4 7.1 To SAM. 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-profit 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 L - Page 1 of 3 EXHIBIT L SAMPLE SUBRECIPIENT MONITORING AND RISK ASSESSMENT Exhibit L - Page 2 of 3 Exhibit L - Page 3 of 3 Exhibit M - Page 1 of 5 EXHIBIT M - OMB Uniform Guidance for Federal Awards Subject to The Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”), Federal Register, Vol. 78, No. 248, 78590 The agreement to which these Uniform Guidance 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 agreement or any attachments or exhibits incorporated into and made a part of the agreement, the provisions of these Uniform Guidance Supplemental Provisions shall control. In the event of a conflict between the provisions of these Supplemental Provisions and the FFATA Supplemental Provisions, the FFATA Supplemental Provisions shall control. 9.Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meaningsascribed to them below. 9.1. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award.The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of the Federal Award specifically indicate otherwise. 2 CFR §200.38 9.2. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract under the Federal Acquisition Requirements by a Federal Awarding Agency to a Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of the Federal Award. The term does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. 9.3. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. 2 CFR §200.37 9.4. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109- 282), as amended by §6202 of Public Law 110-252. 9.5. “Grant” or “Grant Agreement” means an agreement setting forth the terms and conditions of an Award. The term does not include an agreement that provides only direct Federal cash assistance to an individual, a subsidy, a loan, a loan guarantee, insurance, or acquires property or services for the direct benefit of use of the Federal Awarding Agency or Recipient. 2 CFR §200.51. 9.6. “OMB” means the Executive Office of the President, Office of Management and Budget. 9.7. “Recipient” means a Colorado State department, agency or institution of higher education that receives a Federal Award from a Federal Awarding Agency to carry out an activity under a Federal program. The term does not include Subrecipients. 2 CFR §200.86 9.8. “State” means the State of Colorado, acting by and through its departments, agencies and institutions of higher education. 9.9. “Subrecipient” means a non-Federal entity receiving an Award from a Recipient to carry out part of a Federal program. The term does not include an individual who is a beneficiary of such program. 9.10. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which supersedes requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A-102, and A- 133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise. 9.11. “Uniform Guidance Supplemental Provisions” means these Supplemental Provisions for Federal Awards subject to the OMB Uniform Guidance, as may be revised pursuant to ongoing guidance from relevant Federal agencies or the Colorado State Controller. 10.Compliance. Subrecipient shall comply with all applicable provisions of the Uniform Guidance, including but notlimited to these Uniform Guidance Supplemental Provisions. Any revisions to such provisions Exhibit M - Page 2 of 5 automatically shall 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 Subrecipient of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 11.Procurement Standards. 3.1 Procurement Procedures. Subrecipient shall use its own documented procurement procedures whichreflect applicable State, local, and Tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, §§200.318 through 200.326 thereof. 3.2 Procurement of Recovered Materials. If Subrecipient is a State Agency or an agency of a political subdivision of a state, its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 4.Access to Records. Subrecipient shall permit Recipient and auditors to have access to Subrecipient’s records andfinancial statements as necessary for Recipient to meet the requirements of §200.331 (Requirements for pass-through entities), §§200.300 (Statutory and national policy requirements) through 200.309 (Period ofperformance), and Subpart F-Audit Requirements of the Uniform Guidance. 2 CFR §200.331(a)(5). 5.Single Audit Requirements. If Subrecipient expends $750,000 or more in Federal Awards during Subrecipient’sfiscal year, Subrecipient shall procure or arrange for a single or program-specific audit conducted for that year inaccordance with the provisions of Subpart F-Audit Requirements of the Uniform Guidance, issued pursuant to theSingle Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR §200.501. 5.1 Election. Subrecipient shall have a single audit conducted in accordance with Uniform Guidance§200.514 (Scope of audit), except when it elects to have a program-specific audit conducted in accordancewith §200.507 (Program-specific audits). Subrecipient may elect to have a program-specific audit ifSubrecipient expends Federal Awards under only one Federal program (excluding research anddevelopment) and the Federal program's statutes, regulations, or the terms and conditions of the Federalaward do not require a financial statement audit of Recipient. A program-specific audit may not be elected for research and development unless all of the Federal Awards expended were received from Recipient andRecipient approves in advance a program-specific audit. 5.2 Exemption. If Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR §200.503 (Relation to other audit requirements), but records shall be available for review or audit byappropriate officials of the Federal agency, the State, and the Government Accountability Office. 5.3 Subrecipient Compliance Responsibility. Subrecipient shall procure or otherwise arrange for the audit required by Part F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with Uniform Guidance §200.510 (Financial statements) and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by Uniform Guidance Part F-Audit Requirements. 6.Contract Provisions for Subrecipient Contracts. Subrecipient shall comply with and shall include all of thefollowing applicable provisions in all subcontracts entered into by it pursuant to this Grant Agreement. Exhibit M - Page 3 of 5 6.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” “During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor 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 vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.” 4.2 Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- Exhibit M - Page 4 of 5 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. 4.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal Award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. 4.4 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 4.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 4.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 7.Certifications. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient to submitcertifications and representations required by Federal statutes or regulations on an annual basis. 2 CFR §200.208.Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federalaward. Subrecipient shall certify in writing to the State at the end of the Award that the project or activitywas completed or the level of effort was expended. 2 CFR §200.201(3). If the required level of activityor effort was not carried out, the amount of the Award must be adjusted. 1.8.Event of Default. Failure to comply with these Uniform Guidance Supplemental Provisions shall constitute an eventof default under the Grant Agreement (2 CFR §200.339) and the State may terminate the Grant upon 30 Exhibit M - Page 5 of 5 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 Grant, at law or in equity. 9.Effective Date. The effective date of the Uniform Guidance is December 26, 2013. 2 CFR §200.110. Theprocurement standards set forth in Uniform Guidance §§200.317-200.326 are applicable to new Awards made byRecipient as of December 26, 2015. The standards set forth in Uniform Guidance Subpart F-Audit Requirementsare applicable to audits of fiscal years beginning on or after December 26, 2014. 10.Performance Measurement The Uniform Guidance requires completion of OMB-approved standard information collection forms (the PPR).The form focuses on outcomes, as related to the Federal Award Performance Goals that awarding Federal agencies are required to detail in the Awards. Section 200.301 provides guidance to Federal agencies to measure performance in a way that will help the Federalawarding agency and other non-Federal entities to improve program outcomes. The Federal awarding agency is required to provide recipients with clear performance goals, indicators, andmilestones (200.210). Also, must require the recipient to relate financial data to performance accomplishments ofthe Federal award.