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HomeMy WebLinkAbout07/14/2008 6:30 p.m. Pre-Meeting ~~!T~~~\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING Julv 14. 2008 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBER~ APPROVAL OF MINUTES OF June 23. 2008 and Julv 7. 2008 PROCLAMATIONS AND CEREMONIES Mayor's Public Art Funding - Campaign Kickoff!!! CITIZENS' RIGHT TO SPEAK 1. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA Item 1. CONSENT AGENDA A. Resolution 34-2008 - A Resolution approving an Intergovernmental Agreement (IGA) between the Jefferson County Department of Health and Environment and the City of Wheat Ridge for Cooperative Mosquito Management Program in the amount of $6,567.00. \ 1 \ \ \ \ 1 \ \ \ \ CITY COUNCIL AGENDA: July 14, 2008 Page -2- B. Resolution 35-2008 - A Resolution approving an Intergovernmental Agreement (IGA) between the City and County of Denver and the City of Wheat Ridge for the Provision of Services and Aid in Preparation for and during the Democratic National Convention. C. Resolution 36-2008 - approving a Contract with the Colorado Department of Transportation for Installation of PedestrianlSchool Crossing Improvements at 44th and Miller Street. D. Authorize the use of XCEL funding to bury XCEL Electric Power Lines on Kipling Street adjacent to the proposed park at 38th Avenue and Kipling Street. E. Approval of Award ITB-08-24 UV Installation at the Recreation Center Pools in the total amount of $49,970.00 to CEM Sales and Service, Englewood, Colorado. F. Cancellation of July 21,2008 City Council Study Session. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Council Bill 02-2008 - An Ordinance Amending Code Of Laws Section 26- 711, concerning Billboards in the B-2 Billboard District And Repealing Section 26-711.B (Public Hearing continued from 2/25/2008, 4/14/2008, and 6/9/2008). ORDINANCES ON FIRST READING Item 2. Item 3. Council Bill 11-2008 - An Ordinance amending Sections 17.22 and 17.32 of the Wheat Ridge Code of Laws concerning restrictions of use of Lakes and Waterways within the City. Council Bill 12-2008 - An Ordinance amending Article IX of the Wheat Ridge Code of Laws concerning Historical Landmark Designation. (Case No. lOA-08-03) DECISIONS. RESOLUTIONS. AND MOTIONS Item 4. Item 5. Item 6. Public Meeting on 2009 Budget. Resolution 37-2008 - A Resolution approving a Memorandum of Understanding among Metro Denver's Cities and Counties promoting Health and Wellness. CITY COUNCIL AGENDA: July 14, 2008 CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT Page -3- 'o-~J.( ~ _ y City of pWheatR.l..dge ITEM NO: -L-A, REQUEST FOR CITY COUNCIL ACTION '"],"'''''~ ,~~ 4al~ tllill\\\!l'~@ nrM COUNCIL MEETING DATE: July 14,2008 TITLE: RESOLUTION 34-2008 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT AND THE CITY OF WHEAT RIDGE FOR COOPERATIVE MOSQUITO MANAGEMENT PROGRAM IN THE AMOUNT OF $6,567.00 o PUBLIC HEARING o BIDS/MOTIONS I:8J RESOLUTIONS o ORDINANCES FOR 1ST READING (Date) o ORDINANCES FOR 2ND READING Quasi-Judicial: 0 1J~;m Deputy City Manager ~ ~ I:8J No ~~.--q City Manager ~ EXECUTIVE SUMMARY: To effectively deal with the continuing threat of mosquito borne transmission of West Nile Virus and other arboviral diseases, the Jefferson County Department of Health and Environment (JCDHE) has contracted with OtterTail Environmental for integrated mosquito management. Mosquito season is generally May through September in Colorado with peak activity months being July and August. JCDHE will be working with OtterTail Environmental to control the mosquito species that can carry West Nile Virus. The primary means of control will be to monitor habitat suitable for mosquitoes throughout the county and eliminate larvae before they become adult mosquitoes. The services began on June I st and are detailed in the attached IGA. OtterTail Environmental will provide Integrated Mosquito Management (lMM) services which include identification and classification of mosquito breeding habitat, surveillance of adult and larval mosquitoes, larval mosquito control (application of larvicides, source reduction, and/or biologic controls), and public education and outreach. Adulticiding - the killing of adult mosquitoes through aerial sprays and fogging - is not anticipated but the contractor shall maintain the capabilities to implement, manage, and provide properly trained staff and supervisors to conduct adulticiding if requested by JCDHE to do so. The proposed contract amount does not include the cost for adulticiding. COMMISSIONIBOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: None ALTERNATIVES CONSIDERED: An alternative would be for the City to coordinate its own prevention and control program. While this is an option, it would neither be cost effective nor an effective countywide operation. In addition, the City would be responsible for identifying and mapping the affected areas, outreach and information to all residents and for applying any necessary larvicides and insecticides. FINANCIAL IMPACT: Jefferson County and the City of Wheat Ridge share the expense for mosquito control equally. Total cost for full prevention and control services in Wheat Ridge is $13,134.00, a slight decrease compared to last year. Wheat Ridge's portion of this expense is $6,567.00. Funds have been budgeted and are available in the Central Charges Division ofthe General Fund. ' RECOMMENDED MOTION: \ i ; \ "I move to approve Resolution 34-2008 - A Resolution Approving an Intergovernmental Agreement (IGA) Between the Jefferson County Department of Health and Environment and the City of Wheat Ridge for Cooperative Mosquito Management Program in the Amount of $6,567.00." or, "1 move to table indefinitely Resolution 34-2008 - A Resolution Approving an Intergovernmental Agreement (IGA) Between the Jefferson County Department of Health and Environment and the City of Wheat Ridge for Cooperative Mosquito Management Program in the Amount of$6,567.00, forthe following reason(s) " Report Prepared by: Patrick Goff, Deputy City Manager Reviewed by: Randy Young, City Manager Attachments:, 1. Resolution 34-2008 2. IGA with Jefferson County Department of Health and Environment (JCDHE) CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 34-2008 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT AND THE CITY OF WHEAT RIDGE FOR COOPERATIVE MOSQUITO MANAGEMENT PROGRAM IN THE AMOUNT OF $6,567.00 WHEREAS, the intergovernmental agreements between political subdivisions of the State of Colorado are authorized by C.R.S. S 29-1-205; and WHEREAS, Jefferson County will permit and encourage governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governments; and WHEREAS, in order to effectively deal with the continuing threat of mosquito borne transmission of West Nile Virus, the Jefferson County Department of Health and Environment has contracted with OtterTail Environmental for integrated mosquito management (IMM) service within Jefferson County, Colorado, during the year 2008; and WHEREAS, the agreement with the Jefferson County Department of Health and Environment will help slow the spread and impact of the West Nile Virus; and WHEREAS, initial cost for prevention services will not exceed $6,567.00 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE THAT: I. The City of Wheat Ridge desires to be a party to the Intergovernmental Agreement coordinating mosquito control activities. 2. The Mayor and City Clerk are hereby authorized and empowered to execute the Intergovernmental Agreement on behalf of the City of Wheat Ridge. DONE AND RESOLVED at a meeting of the City Council ofthe City of Wheat Ridge, Colorado on the day of . 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk A I I ACHMENT 1/ Jefferson County Department of Health and Environment http://health.j effco. us To create, promote & enhance health & vitality through innovation, collaboration and celebration Administration 1801 191h Street Golden, CO 80401-1798 (303) 271-5700 Fax (303) 271-5702 Lakewood 260 South Kipling Street Lakewood, CO 80226 (303) 232-6301 Fax (303) 239-7088 Medical Records Coufidential Fax: 303-239-7157 Arvada 6303 Wadsworth Bypass "rvada, CO 80003 (303) 275-7500 Fax (303) 275-7503 Environmental Health 1801191h Street Golden, CO 8040 I (303) 271-5755 Fax (303) 271-5760 Edgewater WIC 1711 A & B Sheridan Blvd. Edgewater, CO 80214 (303) 239-9580 Fax (303) 239-9592 Vital Records 800 Jefferson County Parkway Suite 1300 Golden, CO 80401 (303) 271-6450 Fax (303) 271-6451 Emergency Preparedness 800 Jefferson County Parkway Second Floor Golden, CO 8040 I (303) 271-8391 lOax (303) 271-8390 rublic Health. . . Everyday, Everywhere, Everyone - U June 20, 2008 Mr. G. Randy Young, City Manager City of Wheat Ridge 7500 W 29th Ave Wheat Ridge, CO 80033 Dear Mr. Young: The Intergovernmental Agreement (IGA) for the Cooperative Mosquito Managemenf Program is attached for your review, approval and appropriate signatures. Negotiations and administrative procedures resulted in the del a y in providing this to you sooner. A suspense copy is also provided for your files. Once we receive the IGA back from you, we will present it to the Jefferson County Board of Health for approval and signatures. Following the Board approval we will provide you with the finalized document. We are pleased to add that the competitive bidding process resulted in services that, not only continue to address mosquitoes of public health importance, but also those of nuisance variety. Sincerely, ~ Mark B. Johnson, M Executive Director Attachments: IGA with Attachments (2 copies) ATTACHMENT 2 COpy INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE MOSOUlTO MANAGEMENT PROGRAM THIS INTERGOVERNMENTAL AGREEMENT is made and entered into and effective as of the _ day of .2008, between the JEFFERSON COUNTYDEP ARTMENT OF HEALTH AND ENVIRONMENT, whose address is 1801 19th Street, Golden, CO 80401, hereinafter referred to as the "Health Department"; and the CITY OF WHEAT RIDGE, a municipal corporation of the State of Colorado, with its principal office located at 7500 W. 29th Ave, Wheat Ridge, CO, hereinafter referred to as "Wheat Ridge." WITNESSETH: WHEREAS, the primary objective of public health mosquito control is to prevent the mosquito-borne transmission of diseases to humans, livestock, and domestic pets, and in order to effectively deal with the continuing threat of mosquito-borne transmission of West Nile Virus and other arboviral diseases, the Health Department has contracted with OtterTail Environmental, Inc., ("OtterTail") for Integrated Mosquito Management ("IMM") services within certain areas of Jefferson County, Colorado, during the year 2008; these services shall be provided to Jefferson County and various municipalities within Jefferson County at a cost per square mile basis, and WHEREAS, said IMM services are detailed in a document entitled PURCHASE OF SERVICES AGREEMENT, signed June 6, 2008 and approved by the Board of Health on June 17, 2008; a copy of which is attached hereto and incorporated herein as Attachment A, and WHEREAS, for a price to be paid to OtterTail by Wheat Ridge through payment to the Health Department, OtterTail, through the direction of the Health Department, will perform the IMM services as detailed in Attachment A for an area of approximately 9.5 square miles located within the boundaries of Wheat Ridge; and WHEREAS, the parties now desire to enter into this Intergovernmental Agreement so as to memorialize their agreement with respect to their respective responsibilities regarding the provision of such IMM services within Wheat Ridge's boundaries. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. PROVISION OF IMM SERVICES WITHIN WHEAT RIDGE: Upon the signing of this Intergovernmental Agreement by the parties hereto, the Health Department will direct OtterTail, during the year 2008, to perform the IMM services set forth in Attachment A for an area of approximately 9.5 square miles located within the boundary of Wheat Ridge. The services and service fee do not include adulticide services. The Health Department will monitor the need for adulticiding and will advise the County and all participating municipalities if an adulticide program is recommended and approved by the Board of Health and Board of County Commissioners. 2. PROVISION OF OTHER IMM SERVICES BY WHEAT RIDGE: Wheat Ridge shall designate a point of contact for communication with the Health Department; provide public education to their citizens; refer citizen complaints to OtterTail; coordinate with the Health Department on IMM services or concerns; and advise the Health Department, by report, of the IMM services, if any, conducted or directed by Wheat Ridge. The IMM service reports shall be Page I of3 .' submitted on a monthly basis on or before the 5th of the month effective July 2008 and ending October 2008. The monthly IMM service report, with the notation "re: West Nile IGA Report", shall be sent to Jefferson County Department of HeaIth and Environment, 1801 19th Street, Golden Colorado 80401. 3. MONITORING THE PROVISION OFIMM SERVICES: Stafffrom the Health Department will monitor the work of OtterTail and Wheat Ridge to ensure that the IMM services detailed in Paragraph I and 2 above are fulfilled. The Health Department will be responsible for coordinating between OtterTail and Wheat Ridge for the delivery of IMM services detailed in Attachment A. As needed, the Health Department will provide Wheat Ridge with public education information and periodic reports regarding the status of mosquito-borne diseases and vector control. Questions regarding the Health Department's IMM services shall be through Dr. James Dale, Jefferson County Department of Health and Environment, 180 I 19th Street, Golden, Colorado, 80401; PHONE: 303-271- 5718; FAX: 303-271-5702; EMAIL: idalefalieffco.us. 4. PAYMENT OF WHEAT RIDGE IMM SERVICE FEE: Wheat Ridge agrees to pay to the Health Department six thousand five hundred and sixty seven dollars ($6,567.00) which is equal to 50 percent of the total Wheat Ridge IMM service fee of thirteen thousand one hundred and thirty three dollars ($13,134.00) to reimburse the Health Department for Wheat Ridge's share of the IMM services performed by OtterTail. After execution ofthis Intergovernmental Agreement by the last party, Wheat Ridge shall pay the Health Department in three equal payments of two thousand one hundred and eighty nine dollars ($2,189.00) in response to July, August and September invoices from the Health Department. The payment, with a notation "re: West Nile IGA", shall be sentto Jefferson County Department of Health and Environment, 1801 19th Street, Golden Colorado 80401. 5. PAYMENT OF UNICORPORA TED JEFFERSON COUNTY IMM SERVICE FEE:. The Health Department will pay for and direct OtterTail to perform the IMM services as set forth in Attachment A located within unincorporated Jefferson County. 6. TERM: The term of this Intergovernmental Agreement shall be from the date of signature by the last party hereunder to and until December 31, 2008. 7. LIABILITY INSURANCE COVERAGEflNDEMNITYIWARRANTY: As described in Paragraphs 5 and 6 of the PURCHASE OF SERVICES AGREEMENT, OtterTail shall maintain liability insurance coverage and will hereby indemnify and hold the Health Department and Wheat Ridge harmless from all claims, damages, loss, injury, cost and expense, including attorneys' fees resulting from or related to any negligent or intentional acts or omissions of OtterTail, its agents, employees, subcontractors and consultants, in its p....ivuuance of the agreement. A copy of Otter Tail's Certificate of Liability Insurance is provided as Attachment B. 8. NO GUARANTEE BY THE HEAL TH DEPARTMENT: Wheat Ridge acknowledges that although the objective of the IMM services to be performed within Wheat Ridge's boundaries by OtterTail is to reduce the mosquito population and the consequent threat oftr~norn;osion of West Nile Virus, the Health Department makes no guarantee as to the effectiveness of such IMM services in achieving such objective. 9. ENTIRE AGREEMENT: This writing constitutes the entire Intergovernmental Agreement between the parties hereto with respect to the subject matter herein, and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the Page 2 of3 respective survivors, heirs, personal representatives, successors and assigns of said parties. 10. NO WAIVER OF IMMUNITY: No portion of this Intergovernmental Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Intergovernmental Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Intergovernmental Agreement. 11. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Intergovernmental Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Intergovernmental Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Intergovernmental Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Intergovernmental Agreement shall be an incidental beneficiary only. Signed by the parties' the day of .2008. Jefferson County Department of Health and Environment By: By: Secretary to the Board of Health President Board of Health ATTEST: CITY OF WHEAT RIDGE, a municipal corporation of the STATE OF COLORADO By: By: City/Town Clerk Mayor APPROVED AS TO FORM: By: City Attorney Page 3 of3 PURCHASE OF SERVICES AGREEMENT This PURCHASE OF SERVICES AGREEMENT ("Agreement") made this 1st day of June, 2008, by and between the Jefferson County D",...",:""'ent of Health and Environment ("JCDHE") and OtterTail Environmental, Inc. ("Contractor"), whose address is 1045 N. Ford Street, Golden, CO 80403. . WHEREAS, the Contractor has been selected to provide mosquito control services; and WHEREAS, the JCDHE wishes to retain the services of Contractor as an independent contractor and Contractor wishes to provide services to the JCDHE; and WHEREAS, the JCDHE has authority to acquire the services described in this Agreement under the provisions of ~ 25-1-506, et seq., C.RS., as amended. NOW, 1HEREFORE, in consideration of the mutual covenants and agreements set foith hereinafter, the JCDHE and the Contractor agree as follows: ' 1. Scope of Services. The Contractor shall perform in a satisfactory and }',v!''', ",.nnp., as determiiled by the JCDHE; the services identified in the "Scope of Services, General Description and Specifications", attached to and iuuu,}'v,~;oo in this Agreement by ,..Z",.."ce as "Exhibit A." 2. Time of Performance. Servi~s of the Contractor shall commence on the 1st day of June, 2008 and shall be completed by the 31st day of December, 2008. 3.' Compensation Appropriation. The amount to be expended pursuant to this Agreement shall not exceed Two Hundred Thirty Four Thousand Three Hundred Thirty Dollars ($234,330), which amount shall constitute the contract amount Such amount may be altered by mutual written consent of parties. A. JCDHE will reimburse the Contractor on a monthlibasis as services are provided, documented, and invoiced by Contractor. Contractor services will be documented in the form proscribed by JCDHE and are subject to JCDHE "'i't"U ,al prior to authorization for payment. The final payment will be made after the completion by Contractor and acceptance by JCDHE of all contract requirements. n. Contractor shall submit a monthly invoice and supporting required documentation to JCDHE by the 5th of the following month of service. Failure to submit billing information in a timely manner and correct format shall result in non-payment of invoice. C. Contractor shall be reimbursed within 14 days after receipt and "'i't',v, al of the invoice. I I G.,A,. ATl"ACHI'IEt-ll" A 'Z.2 PAGE.S 4. Warranty. A. Contractor warrants that all work t'~.L.=ed hereunder shall be penormed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature and shall be of a quality acceptable to JCDlIE. B. Unless otherwise provided herein, all materials and equipment incorporated into any work shall be new and, where not.specified, of the most suitable grade of their respective kinds for their intended use and JCDHE's mission of protecting public health and the environment. 5. Non Appropriation. The payment of JCDHE's obligations hereunder in the fiscal years subsequent to the Agreement period is contingent upon funds for this Agreement being "t't'.vt'.;ated and budgeted. Iffunds for this Agreement are not "t't""t'.;ated and budgeted in any year subsequent to the fiscal year of the execution of this Agreement, this Agreement shall terminate. JCDHE's fiscal year is the calendar year. 6. Reeords, Reports, and Information. At su<;h times and in such forms as the JCDHE may require, Contractor shall furnish statements, records, reports, data and.information pertaining to matters covered by this Agreement. The Contractor shall maintain its records in accordance with requirements prescribed by the JCDHE. Except as otherwise authorized by the JCDHE, Contractor shall maintain such records for a period of three (3) years after receipt of final payment under this Agreement. 7. Audits and Inspections. At any time during normal business hours and as often as the JCDHE may deem necessary, Contractor shall make its records with respect to matters covered by this Agreement available for examination. Contractor shall >""~; the JCDHE to audit, examine, copy, andmake excerpts from such records and audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment, and other data relating to this Agreement. The JCDHE may call for a certified, independent audit to be performed, at Contractor's expense, by a mutua11y agreed upon auditor. 8. Independent Contractor. A. The Contractor shall penorm its duties hereunder as an independent contractor and not as an employee. Contractor affirms that it has or will secure at its own expense all t'v.ov=el and materials required to perform the services detailed in Exhibit A. Such ,personnel shall not be employees of nor have any contractual relationship with the JCDHE. B. Services required hereunder shall be penormed by the Contractor or under its supervision, and all personnel engaged in the work shall be fully qualified and properly licensed or certified, as required by local, state and federal law or regulation to penorm such services. Neither Contractor nor its personnel, if any, is entitled to Worker's 2 . . Compensation Benefits or any other benefit of employment with Jefferson County, Colorado. Further, Contractor is obligated to pay federal and state income tax on any compensation paid pursuant to this Agreel11ent. C. None of the services to be performed by Contractor under this Agreement shall be subcontracted or otherwise delegated without the prior written consent of the JeDlIE. The work subcontracted shall be specified in a written agreement between Contractor and its subcontractor(s), which agreement(s) shall be subject to each provision ofthis Agreement. 8. No Assigmnent. The Contractor and subcontractor(s) hereto shall not assign or transfer any rights in this Agreement without the prior written consent of the JCDlIE. 9. megal Aliens - Public Contracts. A. The Contractor (entity or sole proprietor) shall execute the certification attached hereto as "ExhibitB", in conformance with the provisions of ~ 8-17.5-102(1) and ~ 24- 76.5-101, C.R.S., as amended. B. The Contractor shall not knowingly employ or contract with an illegal alien tor }Mfv,u, work under this public contract; or enter into a contract with a subcontractor that fails to certifY to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this public contract. C. If the Contractor obtains actual knowledge that a subcontractor perfonning work '.' under this public contract knowingly employs or contracts with an illegal alien, the '" Contractor shall: (1) Notify the subcontractor and the JCDHE within three days that the Contractor has actual knowledge that the subcontractor is employing or cvu;'~v;;ng with an illegal alien; and (2) Tenninate the subcontract with the subcontractor ifwithin three days of receiving the notice required pursuant to subparagraph (1), above, the subcontractor does not stop employing or contracting with the illegal alien: except that the Contractor shall not tenninate the contract with the SUJwu;'~etor if during sucl1. three days the subcontractor prQvides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. D. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to its authority. 3 E. Notwithstanding any other provision ofthis public contract, if the Contractor violates any provision of this paragraph, the JCDHE may terminate this public contract and the Contractor shall be liable for all actual and Consequential damages resulting from that ''"''~tion. F. , Except where exempted by federal law and. except as provided in ~ 24-76.5- 103(3), C.R.S., as amended, the Contractoneceiving Jefferson County funds under this pnblic contract must cuufluu that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to ~24-76.5-103( 4), C.R.S., as amended, if such individual applies for public benefits provided under this public contract. If the Contractor has verified that the County has accomplished such confinnation prior to the effective date of this public contract, the Contractor is relieved of responsibility under this paragraph. 10. Compliance with Laws. The Contractor shall comply with all applicable federal, statc and local laws, ordinances, resolutions, codes and regulations in providing the services detailed in Exhibit A. 11. Indemnification. The Contractor agrees to ,indemnify and hold hannlessthe JCDHE, and its officers, employees and agents, acting officially or otherWise, from any and all claims, demands, damages, and actions of any kind brought by anyone, including attorney's fees, which may arise out of or result from the negligent or willful misconduct of Contractor or its subcontractor( s) in the performance of services as set forth in this Agreement and/or the breach of any condition(s) of this Agreement. 12. , Insurance. 'I:he C~.u;'",~;v. providing services under this Contract will be required to procure and maintain, at their own expense and without cost to the JCDHE, until ""1':. ..;';on of the agreement the following insurance. The policy limits required are to be considered minimum amounts: Commercial General Liability Insurance: Combined single limits of$I,OOO,OOO per occurrence and $2,000,000 general aggregatefoI' bodily injury and property damage, which coverage shall include products/completed operations, independent contractor, and conttactuaI liability. Worker's Compensation and Employer's Liability and Occupational Disease Coverage in accordance with Colorado law or the law of the state in which the Contractor is a resident or the firm is registered. Cu.u1" ,,:.ensive Automobile Liability Insurance, including coverage for' all, owned, non- owned and rented vehicles with $1,000,000 combined single limit for each occurrence. JCDHE shall be named as an additional insured and the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice 4 . . to JCDlIE. Certificates of insurance shall be delivered to JCDlIE within ftfteen (15) days of execution ofthe Agreerrient. Con1:ractor shall demonstrate contractual liability coverage supporting the indemnity provisions of this Agreement, either through policy language or by waiver of exclusion. . Certiftcate(s) of insurance and .....".~.t'.:ate endorsements required by this Agreement shall be delivered to the JCDlIE at the time originals of this Agreement, executed by the Contractor, are delivered to the JCDlIE's R~".~,~.;"~ve, identifted below, for execution by the JCDHE. The Certificate(s) shall provide that the insurance may not be materially changed, altered or canceled by the insurer without first giving ten (IO) days written notice by certified or registered U. S. Mail, return receipt requested, to the JCDHE. All insurance shall be issued by w_"....y(ies) authorized to do business in the State of Colorado and shall be written in a form satisfactory to the JCDHE and filed with and approved by the Colorado Department of Insurance. 13. Document Ownership - Worla; Made for Hire. All of the deliverable items, if .any, prepared for the JCDHE under this Agreement shall belong exclusively to the JCDHE and shall be deemed to be "works made for hire" under the copyright laws of the United States. To the extent any of the deliverable items may not, by v.l'~.,,~on ofIaw or otherwise, be works made for hire, the Contractor hereby assigns to the JCDHE the ownership of the copyright in the ? deliverable items, and the JCDHE shall have the right to obtain and hold in its own hame, copyrights, registrations, and similar protections. The Contractor agrees to give the JCDHE or . its designee all assistance reasonably required to perfect such rights. To the extent that any pre- existing materials are contained in the deliverable items, the Contractor grants to the JCDHE an irrevocable, non-exclusive, worldwide, royalty-free license to use, execute, publish, reproduce, display, perform, distribute copies of, and prepare derivative works based upon such pre-existing materials and derivative works .thereof and to authorize others to do any, some, or all of the foregoing. 14. Termination for Cause. If the Contractor or the JCDHE fails to fulfill its obligations under this Agreement in a: timely and proper manner or violates any of the provisions of this Agreement, the non-defaulting party shall thereupon have the right to tenmnate this Agreement for cause by giving written notice to the defaulting party of such termination and specifying the effective date of termination. The defaulting party, however, shall not be relieved of liability to the non-defaulting party for damages sustained by virtue of any breach of this Agreement. In the event of default by the Contractor, the JCDHE may withhold payments due under Paragraph 3, above, for the purpose of set-off until such time as the exact amount of damages. due the JCDHE from the Contractor is determined. 15. Modifications. lbis Agreement may not be modified, amended or otherwise altered, unless mutually agreed uponiti a writing executed by the JCDHE and the Contractor. 16. Governing Law. The laws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement. Should either the J CDlIE or Contractor 5 institute legal action for enforcement of any obligation contained herein, it is agreed that venue shall be in Jefferson County, Colorado. 17. Severability. Should any provisions of this Agreement be determined by a court of competent jurisdiction to be unconstitutional or otherwise null and void, the remaining provisions of the Agreement shall remain in full force and effect. 18. Notices. Notices to be provided under this Agreement shall be given in writing either by hand delivery or by certified return receipt requested United States mail, to the following: JCDHE Renresentative: Contractor,: JCDHE Dr. James Dale 180119th Street Golden, CO 80401 ~-,z..TAIl_ FN\lt~I'o'Q" ..,...L 6? FL-ew-., N (".. lMS N. ~ 'b\. ErOL~ CO &040J , 19. Headings. Titles and paragraph divisions are inserted in this Agreement for ease of .~[~.~..ce and do not define, limit, or prescribe the scope or intent of the provisions of this Agreement or any part thereof. 20. Authority. Each person signing this Agreement represents and warrants that helshe is fully authorized to enter into and execute this Agreement and to bind the party represented to the provisions of this Agreement. 21. Counterparts and Facsimile Signatures. TIlls Agreement may be executed in counterparts, each of which shall be deemed an original. Facsimile signatures of, or on behalf of, the JCDHE or the Contractor on this Agreement and any modification hereto shall be effective ,for all purposes. . 22. Foree Majeure. Neither party shall be liable for its failure to I''',';-v,u..hereunder due to contingencies beyond its reasonable control, including but not limited to strikes, riots, war, and acts of God. 23. Integration of Understanding. This Agreement represents the entire Agreement between the parties and supersedes all prior negotiations and representations, whether written or oral. Nothing herein shall be deemed to give anyone not a party to this Agreement any right of action against either the JCDHE or the Contractor. 6 . , IN WIlNESS WHEREOF, the JCDHE and the Contractor have duly executed this Agreement as of J:, -1'1- "ff' to be effective as of the date first shown above. Jefferson County D"~....;'uent of Health and Environment connc;+~, TIf',~l fnv;ronMcrhl):JJlC By: r4U, d~. Cathy Corcoran, President Board of Health ' ATTEST: ".e,__/Y7~o~dl By: ~;ieM_, Seci:eiary~ Board of Health By: <;J.~ E:c:! fl~;l\~J(jprt.s-,de.Y\+ STATE OF COLORADO ) ) ss. COUNTY OF JJ:.1'l'~KSON) . The foregoing instrument was acJolowledged before me ~~~ of '- L.IA-v' 2008, by J:J.. f- l~fV/l as of Jefferson County Department of Health an? Env' nment. . My commissioner expires: 1Q't/;;S f)q I f Notary Public STATE OF COLORADO ) ./1." )ss. COUNTY OR...1:fT'1T""'" ) The foregoing instrument was acknowledged before me this ~ 2008, by as .", . ,,,_84NIOt day of of My commissioner expires: Notary Public -7- EMulUl A JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT 2008 INTEGRATED MOSQUITO MANAGEMENT SERVICES Service Agreement: SCOPE OF WORK (05/30/08 revision) GENERAL DESCRIPTION AND SPECIFICATIONS GENERAL DESCRIPTION The service provider shall conduct an Integrated Mosquito Management (IMM) Program for Jefferson County Department of Health and Environment (JDCHE) during the spring, summer and fall of 2008. This program will be designed and implemented to control the spread of the West Nile Virus (WNV) and other mosquito-bome diseases such as Western Equine Encephalitis (WEE) by reducing the number of disease causing mosquitoes. The service provider shall employ established IMM principles and practices to reduce the numbers of all mosquitoes including disease causing mosquitoes in Jefferson County. These principles and practices include: identification and classification of mosquito breeding habitat, surveillance of adult and larval mosquitoes, larval mosquito control (application of larvicides, source reduction, and/or biologic controls), and public education and outreach. Adulticiding - the killing of adult mosquitoes through aerial sprays and fogging - is not anticipated but the service provider shall maintain the capabilities to implement, manage, and/or provide properly trained staff and supervisors to conduct adulticiding if requested by JCDHE to do so. The service provider shall provide the following IMM services within the service area: A. Adult Mosquito Surveillance B. Larval Mosquito Surveillance and Control C. Public Education D. Reporting E. Record Keeping F. Adult Mosquito Control Service Coordination G. Department Employee Training H. Board of Health Appearances The service provider shall follow all applicable and appropriate Federal, State, and Local rules and regulations such as EPA, OSHA, FIFRA and the like pertaining to the implementation of the IMM services provided by the service provider in this Scope of Work. The service area is generally described as the "plains" area of Jefferson County Colorado and consists of approximately 170 square miles. Specific requirements pertaining to the service area, the services to be provided, term of the contract, and the work products are described in the Specifications section of this Scope of Work. PUp.,CKA$e;.. OF S6.R.V lee. A<iRE€MEN' Page I of8 EXb-h61r A 1+ PAGE..S EXHffiIT A JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT 2008 INTEGRATED MOSQUITO MANAGEMENT SERVICES Service Agreement: SCOPE OF WORK (05/30/08 revision) SPECIFICATIONS I. SERVICE AREA The service area is generally described as the "plains" area of Jefferson County bounded by Broomfield County on the north, Chatfield State Park on the south, Sheridan Boulevard on the east, and the Hogback on the west. The 2008 Integrated Mosquito Management (IMM) Service Area Map (Attachment A) illustrates the service area and the known potential larval development (PLD) sites. A summary of the service area is provided in the table below. Area I Municioalitlt Sauare Miles Unincorporated Jefferson County 77.0 Edgewater 0.7 Lakeside 0.3 Littleton 0.6 Morrison 1.2 Mountain View 0.1 Golden 9.3 Wheat Ridge 9.5 Lakewood 43.0 Bow Mar 0.3 Arvada 27.5 Total Square Miles: 169.5 II. SERVICES TO BE PROVIDED A. Adult Mosauito Surveillance 1. The service provider shall provide all supplies, equipment and personnel to operate and maintain: a) Sixteen (16) COC light traps at various sites selected with the concurrence of JCDHE within the service area. These traps shall be operated one night per week on the same day of the week for a period of 13 weeks from June 2, 2008 to August 31,2008. b) Nine (9) gravid traps at sites selected with the concurrence of JCDHE within the service area. The gravid trap sites mayor may not coincide with the CDC light trap sites identified in paragraph a) above. These traps shall be operated one night per week on the same day of the week for a period of 13 weeks from June 2, 2008 to August 31, 2008. Page 2 of8 EXHmIT A JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT 2008 INTEGRATED MOSQUITO MANAGEMENT SERVICES Service Agreement: SCOPE OF WORK (05/30/08 revision) c) Five (5) traps, included in paragraphs A, 1, a & b above, a second night each week during the period of June 23, 2008 through August 15, 2008 as part of the Mosquito Sentinel Program in accordance with state guidelines. The Mosquito Sentinel Program trap locations will be designated by JCDHE in collaboration with the service provider. 2. If for any reason, such as inclement weather, any of the trap nights described in paragraph a, b, and/or c above is cancelled, the service provider shall notify JCDHE immediately. JCDHE may require the service provider to reschedule the cancelled trap night as conditions allow. 3. After each trap night the service provider shall collect, identify, speciate, and count all trapped mosquitoes by methods recognized by CDC and/or the Colorado Department of Public Health and Environment (CDPHE) and report this information to JCDHE at least once per week. 4. All mosquito trapping activities including the submission of mosquito pool specimens shall be conducted in accordance with the protocols established in the current CDPHE Mosquito Surveillance Plan. A copy of the most recent CDPHE Mosquito Surveillance Plan and West Nile Virus Mosquito Sentinel Site Guidelines are provided in Attachment Band C respectively. CDPHE updates or changes to these plans will provided by JCDHE to the service provider. 5. The service provider shall assume all liability for the placement and operation of any and all equipment. JCDHE shall not be responsible for any lost, damaged or stolen traps and/or equipment. 6. The service provider shall maintain a toll-free (in Colorado) telephone line and shall accept calls from the public reporting mosquito problems and/or standing, stagnant water in the service area that may indicate the presence of PLD sites. The service provider shall maintain a log of calls received and shall summarize call activity in weekly and annual reports. B. Larval Mos!luito Surveillance and Control: The primary and priority focus of larval control will be for those mosquitoes competent to transmit diseases such as WNV. All mosquito complaints shall be thoroughly investigated and larval control implemented based a balanced evaluation of risk associated with concurrent infestation with mosquitoes presenting a public health problem and impact on quality of life in the community. Initial Inspection of PLD Sites: By June 23, 2008 the service provider shall conduct an initial inspection of all known PLD sites within the service area. At the end of the 2007 IMM season there were approximately 630 known PLD sites contained in the 170 square mile service area. The 2008 IMM service area and Page 3 of8 EXHIBIT A JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT 2008 INTEGRATED MOSQUITO MANAGEMENT SERVICES Service Agreement: SCOPE OF WORK (05/30/08 revision) known PLD sites are identified on the Jefferson County Integrated Mosquito Management Service Area Map (Attachment A). The purpose of the initial PLD inspection is to classify each PLD site as "targeted" or "non-breeding". Targeted PLD sites are those sites which have the highest potential for mosquito breeding. The remaining sites shall be classified as non-breeding PLD sites or removed from the list of PLD sites if the site no longer has the potential to breed mosquitoes. Any new PLD sites identified during the initial inspection of PLD sites shall be added to the list of PLD sites and shall be classified as "targeted" or "non-breeding". On or before June 30, 2008 the service provider shall provide an updated list, based on the previous end-of-season PLD inventory, of all PLD sites and their classification. The list shall include the service provider's recommendations for additions, deletions, and/or revisions to the list of PLD sites. 1. Larval Mosquito Surveillance and Control: Upon completion and/or commensurate with the initial inspection of known PLD sites, the service provider shall commence the following routine PLD surveillance and larval control activities: a) Targeted sites shall be inspected at least once per week by visual observation and by dipping any standing water for mosquito larvae. b) Non-breeding sites shall be inspected based on changes in climatic conditions but at least once per month to determine if any changes have occurred that would warrant a re-evaluation of their status. c) Storm water structures shall be inspected based on environmental conditions that could promote the development of mosquito larva at such structures. Strategically located storm water structures (catch basins, detention ponds, storm water inlet boxes, and the like) shall be inspected at least once per week for the presence of mosquito larvae. The results of the storm water structure inspections shall be included in the weekly totals and year to date totals in the weekly reports. d) During the course of conducting IMM activities, identify any additional and/or new PLD sites by noting any areas of clogged ditches and streams, standing water, etc., and inspect and classify each additional and/or new PLD site as a targeted or non-breeding site. All additional and/or new PLD sites shall be mapped and recorded, regardless of their classification. Note such features as abandoned swimming pools, etc., which have the potential for supporting larval development, report these features to JCDHE, and work with local code enforcement officials to locate, identify, and apply the appropriate IMM measures to these sites. Page 4 of8 E:lu::11Dn A JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT 2008 INTEGRATED MOSQUITO MANAGEMENT SERVICES Service Agreement: SCOPE OF WORK (05/30/08 revision) e) Apply the appropriate federally approved larval control materials if it is determined that any PLD site in paragraphs a, b, c, and/or d above is producing mosquitoes and/or mosquito larvae. Larval control may include the application of materials such as but not limited to 18D-day briquettes, 3D-day residual pellets, granular larvicides, monomolecular oils, etc. and/or utilization of other recognized methods of larval control such as source reduction. f) Use the most appropriate method for larvicide distribution, such as hand application, backpack broadcasters, All Terrain Vehicle (ATV), etc. g) Maintain Material Safety Data (MSD) sheets for all products used and provide such information upon request to employees, the public, and/or JCDHE. h) As appropriate, conduct and document post-treatment quality control inspections within 24 to 48 hours to assure the larvae population has been controlled. If larvae are found, a second application of control material shall be applied. These activities shall be included in the weekly activity reports. i) Develop a method to contact private property land owners and obtain permission to enter property to conduct IMM activities. Entry onto private property shall be by prior authorization of the owner/agent. j) Maintain real-time documentation of all PLD site surveillance and larval control activity and enter real-time data into a JCDHE approved electronic database. An electronic copy of the database shall be provided to JCDHE on or before November 1, 2008 and/or upon the request of JCDHE. C. Public Education 1. The service provider shall maintain a public education website providing general information on WNV and WEE, including basic disease information, tips for personal protection, information for homeowners on standing water, aerial spraying information (if appropriate), phone numbers to call, links to other websites, etc. 2. The service provider shall coordinate with JCDHE to provide printed public education information relating to WNV and/or WEE for the topics referenced in paragraph 1, above. 3. In the event that adulticiding or aerial spraying is to be performed, the service provider shall notify all residents in the area 10 be sprayed who are registered in the State of Colorado Pesticide Sensitive Registry. A minimum of 3 Page 5 of8 E:lu1rnn A JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT 2008 INTEGRATED MOSQUITO MANAGEMENT SERVICES Service Agreement: SCOPE OF WORK (05/30/08 revision) attempts shall be made to reach these persons prior to the spraying or application. The Ultra Low Volume (ULV) insecticide application will be shut off in front of and upwind from sensitive resident's properties. The service provider shall maintain MSD sheets for all products used and shall provide such information upon request to employees, the public, and/or JCDHE. If adulticide spraying is required the service provider shall collaborate with JCDHE to coordinate the delivery of these services. D. Record KeeDinq The service provider shall maintain all records and documents pertaining to the services provided under this contract for a period of 3-years. By December 1, 2008 and/or upon the request of JCDHE, the service provider shall provide JCDHE with copies of any and all records and documents pertaining to the services provided under this contract in an electronic and/or hard copy format approved by JCDHE. E. ReDortin", 1. Weekly Report: The service prOVider shall provide a weekly summary report of IMM service activities. Weekly reports shall include but not limited to: a) The total number of PLD site inspections and post-treatment quality control inspections perfonned and the number these inspections for each municipality and for the unincorporated area of the County. b) The number of larvicide applications, including products used and methods of dispersal. c) The number of mosquitoes caught in light and gravid trapping, including the number of the various Culex or other arboviral vector species. d) The number of inspectors used and the amount of time spent conducting contract work, reported as larval inspection time, mosquito trapping time, and office or support time. e) The number of complaints received, areas inspected because of those complaints, the findings of each inspection and actions taken. 2. Annual Report: By December 1, 2008 the service provider shall provide a draft of the annual report to JCDHE regarding all IMM service activities performed under this contract. By December 15, 2008 the service provider shall provide the final annual report. The report shall be provided in a fonnat acceptable to JCDHE both electronically and in hard copy (5 copies) and shall include but not limited to: a) surveillance activities and findings, Page 6 of8 EXHmlT A JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT 2008 INTEGRATED MOSQUITO MANAGEMENT SERVICES Service Agreement: SCOPE OF WORK (05/30/08 revision) b) total hours logged for each service activity by the service provider and its employees, c) total number of PLD sites inspected, total number of sites treated, total number of mosquito trap nights, etc. d) an end of season map that illustrates the PLD sites identified and inspected during the contract season, e) the GIS shape files or other electronic files used to create the PLD site map, f) a complete list of all PLD sites and their classification. The PLD list shall include the service provider's recommendations for additions, deletions, andlor revisions to the list of PLD sites. F. Adult Mos,guito Control Proaram Develooment and Coordination: In the event of a Public Health Emergency, the service provider shall assist JCDHE in the development of timely adult mosquito control programs, such as ground and/or aerial adulticide spraying. Adult mosquito control programs shall be conducted accordance with all state and federal requirements. The cost of this service and adult mosquito control programs are not included in this contract. G. Deoartment Emolovee Trainina: Upon request the service provider shall provide up to four (4) hours of training for Department employees. H. Board of Health AOQ.earances: Upon request the service provider shall appear before the Jefferson County Board of Health to provide updates and/or a year- end report on contract activities. Up to six Board of Health appearances may be requested by JCDHE. III. WORK PRODUCTS Any and all maps, reports, spreadsheets, databases, geographical information system (GIS) files, newsletters and other hard copy or electronic documents generated by the service provider in fulfillment of its obligations under this contract shall be the property of JCDHE, who shall have sole and complete discretion regarding their use and distribution. All work products shall be delivered to JCDHE in a mutually agreed upon hardcopy and/or electronic format suitable for including in reports and folders. The data and weekly reports will be furnished in standard 8 Yo by 11 inch paper. All reports will include the activity undertaken in each of the cities in the County. Delivery of the principal work products shall be provided according to the following delivery schedule. Page 7 of8 E:luUJuf A JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT 2008 INTEGRATED MOSQUITO MANAGEMENT SERVICES Service Agreement: SCOPE OF WORK (05/30/08 revision) Work Product Delivery Schedule I Work Product I Begin Larval Mosquito Surveillance and Control I Begin Adult Mosquito Surveillance I First Weekly Report I Complete Initial Inspection of PLD Sites I Provide updated list of PLD sites and their classification I End Adult Mosquito Surveillance I End Larval Mosquito Surveillance and Control I Last Weekly Report I Electronic database with raw data dealing with the larval surveillance and control activities I Copy of records, documents, and maps pertaining to 2008 IMM services under this contract I First draft Annual Report I Final Annual Report ACRONYMS Acronym CDC CDPHE GIS IMM JCDHE MSD PLD WEE WNV Delivery Date June 2, 2008 June 5, 2008 June 10, 2008 June 23, 2008 June 30, 2008 August 31,2008 September 30, 2008 October 7,2008 November 1, 2008 December 1, 2008 December 1 , 2008 December 15, 2008 Definition Centers for Disease Control and Prevention Colorado Department of Public Health and Environment and its employees Geographical Information Systems Integrated Mosquito Management Jefferson County Department of Health and Environment and its employees Material Safety Data Potential Larval Development Western Equine Encephalitis West Nile Virus ATTACHMENTS A: Jefferson County 2008 IMM Service Contract Area Map B: CDPHE Mosquito Surveillance Plan (most current version) C: CDPHE WNV Mosquito Sentinel Guidelines (most current version) Page 8 of8 . 200~J.ntegrated MosquitoMii;gement Service Area .M~pJ ., . j '; / ~-:-"::'_// 1 " .' ./", t'r ~ ~.0~:.:-~ . I" .., h~ ' "; 'I: I ",.. Ii. - -' ..- .,"'PIII'I__"__ :IB-- :..-....-- .,.._...._ -- -- ~'- ~-- -- ~-- .- C:i- r::I-_ [mJ~~~'- Dougla!> CQunty u + . - '"-~"'-""'" I==";:.~;'" 100J-"'n~= b~;'-:::'=- Goldarl COlllM19 =~~.';..-=-'::::' ~.2713100;;'-:::~_."""":::.... Attachment B Colorado Department ofPublicHealtb and Environment 2005 Mosquito Surveillance Plan 3/23/05 A. Introduction: Mosquito trapping and testing data provide both qualitative and quantitative information on arbovirus activity and potential human risk in an area. Advances in testing mosquito pools and calculation of minimum infection rates allow an integrated system based on mosquito surveillance to comprise a large part of the arbovirus surveillance strategy. Testing will focus on Culex species of mosquitoes, as these are the primary human vectors. B. Plan Description: Mosquito testing this season will remain essentially unchanged from 2004. It will again have a three-tiered approach utilizing, once again, sentinel,jloater, and permanent mosquito trap sites. Sentinel sites (see attached Mosquito Sentinel Site Guidelines) will act as a longitudinal system to replace chicken flocks, provide population data based on a consistent trapping protocol, and allow testing for the three arboviruses present in Colorado (Western equine, St Louis, and West Nile). Permanent traps are the lon!1:-teI1Il, mosquito trap sites that local surveillance / control operations maintain at their own discretion, above and beyond the sentinel sites agreed to by CDPHE. Floater traps are those that are deployed based on current surveillance data such as positive birds and horses or human cases to provide local risk assessment, and to support local control and prevention decisions. Sentinel Trans Unlike sentinel chicken flocks, whose sole purpose as a surveillance tool was to detect the presence of mosquito borne viruses, mosquito sentinel sites will also provide temporal mosquito population data, species make-up, and infection rate data. In addition, the long- term baseline data that will be collected, using a standardized trapping and testing protocol, can be used to accurately compare year-to-year changes in mosquito populations. It is hoped that this approach can be sustained and provide a long-term surveillance system for arbovirus activity into the future. Mosquitoes will be collected at the sentinel sites weekly and all pools of Culex: species will be tested forWNV using RT-PCR. A sample of submitted pools will also be tested for Western Equine Encephalitis (WEE) and St. Louis Encephalitis (SLE) viruses. This will permit accurate mosquito infection rates to be calculated. The number of sentinel mosquito trap sites will increase slightly (21 sites) from last season (15 sites) to upgrade the level of coverage across the state. As was the case last season, the selection of sentinel sites will J:tandal'05MosqlMosqCollectP,otocolsl'05MosqSurveilPln _RevS _ 3-23-05.doc I Attachment B be determined by geographic location and the willingness of the local health agency, MAD, etc. to assume the responsibilities of maintaining a site during this and subsequent years. Floater Mosouito Trans "Floater" mosquito trap testing will integrate the qualitative virus data collected from dead birds, horse and human cases with the quantitative data mosquito trapping can provide. Local agencies will decide the need for trapping in their area, which should be driven by positive virus fmdings using other surveillance tools (positive dead birds or horses). These trap site locations are expected to change from year to year based on local surveillance needs. Permanent Mosouito Trans The third category of mosquito trapping includes permanent mosquito trap sites that local organizations and agencies operate and maintain, usually to monitor nuisance mosquito populations. The testing of Culex pools collected from these traps depends largely upon the conditions that exist at that site. Sampling and testing criteria will be discussed below (see C. 3. c. Mosquito testing criteria). Surveillance Dates to Remember Dead bird and mosquito surveillance activities will commence May 1st. Initial testing will focus on dead birds as they will be a more sensitive indicator of virus activity early in the season when mosquito populations and infection rates are low. Once virus is detected in an area, mosquito testing should be used to assess the level of risk for human transmission. Dead bird testing should be limited to no more than two or three WNV + birds from the same area (i.e., approx. 5 mi2 area or 1.25 mi. radius). Further bird testing does not provide additional information and expends limited lab resources. Unlike last season however, corvid bird specimens meeting sampling criteria will be accepted beyond the JnIy 1 ,t deadline date for bird testing if no other WNV + birds or other surveillance tool indicates virus activity in that area. All Culex spp. mosquito pools from sentinel trap sites will be tested using RT - PCR at the CDPHE/LSD lab in Denver. However, mosquito pools from sentinel traps in Moffat, Mesa, and Delta counties will be sent to and tested at the regional laboratory in Grand Junction. .Prior to Julv 1ll, Culex mosquito pools fromjloater and permanent traps should be tested at the CDPHE Laboratory Services Division (LSD) using RT-PCR because of its greater sensitivity. Zone TranDinl!: During this early trapping period (May 1st to July 1'\ in an effort to stretch diagnostic resources, surveillance participants are strongly encouraged to "zone" trap their floater and permanent trap captures. That is, co-mingle, by species, Culex mosquito captures from several floater or permanent traps in a general geographic area to increase the size of pools being tested. Because early season Culex numbers are not expected to be very high until later in the season, pooling captures from several traps will reduce the number of small mosquito pools that use the same test as would a pool of 50 J:tandal'05MosqlMosqCollectProtocolsl'05MosqSurveilPln _ RevB _ 3-23-05.doc 2 Attachment B mosquitoes. If a positive, co-mingled pool is detected, subsequent collections specific to a trap may be submitted in order to determine which trap the positive pool came from. After Julv I!!, when expanding Culex mosquito populations and increasing infection rates should offset the lower sensitivity ofVecTest@, mosquitoes from these floater and permanent traps will be tested by VecTest@ at the six regional laboratories. If WEE or SLE activity is observed, regional labs will be provided with multi-antigen VecTest@ kits valid for all three viruses. Participants in the surveillance program are encouraged to use limited mosquito testing resources responsibly. At this time there will be no testing quota assigned to each county. Depending on the intensity of virus activity that is detected, the risk of human exposure, planned control efforts, etc., diagnostic resources may be diverted to where they are needed most. Regional epidemiologists and CDPHE will be monitoring diagnostic resource usage, suggesting where testing is needed and curtailing usage when it's al'l"Ul',;ate based on virus activity and the resources that are available for that region or county. C. Plan Criteria: 1. Sentinel Mosquito Trap Sites: a. Obligations: 1) Trapping Schedule: weekly from early May through September. In 2005, it is recommended that a trapping frequency of one night per week be observed, adding additional nights if needed due to inclement weather. 2) Each site will consist of 2 CDC C02 baited, light traps and one gravid trap. 3) Traps shall be properly maintained and baited appropriately (i.e., dry ice for light traps and straw-manure infusion for gravid traps). See "Mosquito Trapping and Handling Protocol" dated 4/29/04. 4) Accurate records maintained (date, # trap nights, # mosquitoes by species, Culex population density, weather conditions, etc.) 5) W eekl~ submission of Culex mosquito pools and data to LSD in Denver or if the pools are from Mesa, Delta, and Moffat counties, pools should be sent to the regional lab in Grand Junction. 6) Calculation ofInfection Rates b. Site considerations: 1) Care should be used in selecting a sentinel trap site so they do not have to be moved to insure continuity of data. Site should be stable and easily accessible. 2) Site has a history of significant Culex mosquito activity and close proximity to appropriate Culex breeding habitat 3) Close proximity to human populations 4) Availability of resting sites and protection from wind (e.g., culverts, fences, shrubbery, trees, sheds, etc.) 5) Away from competing sources oflight (light traps) or oviposition sites (gravid traps). 6) Avoid areas where heavy, regular adult mosquito and/or insect control arep~~~:vuued. 7) History of past arbovirus activity. Note: "Sentinef' trap sites should remain at the same site each season; however, traps can be moved within a general area (< 0.5 mile) of similar habitat in order J:tandaJ'OSMosqlMosqCollectProtocolsI'OSMosqSurveiIPln _RevB _3-23-05.doc 3 Attachment B to improve trap performance and are not required to hang from the same tree week after week. c. Mosquito pooling suggestions: 1) Sorted Culex mosquitoes of the same species from the two light traps can be co- mingled into common pools. 2) Sorted mosquitoes from the gravid traps cannot be co-mingled with the same species from light traps. They must remain segregated in separate pools. Note: to calculate mosquito population density, take the total uumber of captured mosquitoes, by species, and divide by the number of trap nights. 2. Floater Mosquito Traps a. Location preferences: same as above, except that a confirmed, infected dead bird, horse, and/or human case has been reported in the area. b. Deployment considerations: 1) Surveillance data will be used to support mosquito control activitivies . 2) Trap(s) deployed for a minimum of two (2) weeks. 3) Trap(s) operated a minimum of one night per week, adjusted to allow for inclement weather. 4) Traps properly maintained and baited appropriately. 5) Mosquito captures sorted and pooled. Culex species submitted to the aI'I'WI',;ate regional lab or LSD lab for testing. c. Obligations: I) Trap data (e.g., trap nights, species, #'s, dates, Culex population density, weather conditions, etc.) maintained. 2) Calculation of Infection Rates 3) "Zone Trapping" see above. 3. Permanent Mosquito Traps a. Location preferences: same as those described for sentinel andj/oater traps. b. Deployment considerations: the selected location has a history of trapping at that site. c. Mosquito testing criteria: 1) Many permanent traps have an established history and have collected an abundance of mosquito data over the years, but often have been deployed as a result of nuisance mosquito monitoring as opposed to arbovirus activity in which case, nuisance mosquito species will not be tested at this time 2) Culex mosquitoes from permanent traps should be tested if the site is within 1.25 mi. of a WNV+ bird, horse or human case, a sustained increase in the Culex mosquito population is noted, and/or the site provides the only arbovirus surveillance data for that area. c. Obligations: 1) Trap data (e.g., trap nights, spp. #'s, dates, Culex population density, weather conditions, etc.) maintained. 2) Calculation ofInfection Rates 3) "Zone Trapping" see above. J:tandaJ'05Mosq/MosqCollectProtocolsI'05MosqSnrveilPln _ RevB _3-23-05.doc 4 Attachment C Colorado Department of Public Health andEn:vironment Mosquito Sentinel Site Guidelines Sentinel Tra~s Mosquito sentinel sites, in addition to virus detection, provide temporal mosquito population numbers, species make-up, and permit accurate mosquito infection rates to be calculated. The long-term baseline data that will be collected, with a standard trapping and testing protocol, can be used to accurately compare year-to-year changes. This approach will be evaluated as a long-term, sustainable sentinel system for arbovirus activity in future years. Mosquitoes will be collected at the sentinel sites once a week and all Culex species tested for WNV using RT-PCR A sample of submitted pools will also be tested for Western Equine Encephalitis (WEE) and St. Louis Encephalitis (SLE) viruses. Scone of work 1) Trapping Schedule: weekly from early May through September. One uight of trapping/week, adding a second night ouly if needed due to inclement weather or equipment malfunction. Agencies can decide which night per week to use although the same day should be used each week when possible. 2) Each site will consist of 2 CDC light traps and one gravid trap. Note: Sorted captures from the light traps can be co-mingled by species up to 50 mosquitoes/pool. Light and gravid trap captures shall be segregated. 3) Traps properly maintained and baited a"".v".;ately (i.e., dry ice for light traps and straw-manure infusion for gravid traps). 4) Accurate records maintained (date, # mosquitoes by species, Culex population density, weather conditions) 3) Weekly snbmission of sorted Culex mosquito pools and data to the CDPHE 6) Calculation of infection rates Site considerations 1) Care should be used in selecting a sentinel trap site so they do not have to be moved to insure continuity of data. Site should be stable, easily accessible. 2) Site has a history of significant Culex mosquito activity and close proximity to appropriate Culex breeding habitat. The goal is to catch a good sample of mosquitoes in the area. 3) Avoid areas where heavy, regular adult mosquito and/or insect control is performed.. 4) Proximity to human populations. 5) Availability of resting sites and ,,>v~~vjon from wind (e.g., culverts, fences, shrubbery, trees, sheds, etc.) 6) Away from competing sources oflight (light traps) or oviposition sites (gravid traps). 7) History of past arbovirus activity. Note: trap sites should remain at the same site each season; however, traps can be moved within a general area (< 0.5 mile) of similar habitat in order to improve trap counts and are not required to hang from the same tree week after week. 1 STATE OF COWRADO CERTIFICATION ANDAFFlDA VIT REGARDING UNAou:loKlZEDIMMIGRANTS A. .....e.t<ur".-ATIONSTAlEMENT [HB06-1343] The Vendor) whose.name,and signature appear below,. certifies and agre~ as follows: 1. The Vendor shall comply with the provisions of eRS 8-17.5-101et seq. The Vendor shall not knowingly employ or contract with an unauthorized immigrant to perform work for the Stale or enter inlo a contract willi a subcontractor Ihalknowingly employs orcontracts with an unauthorizedimmigrilnt. 2. The. Vendor represents, warrants, and. agrees. that it (i) has verified thalil does not employ any unauthorized immigrants, through participation in the E- Verify Program,. formerly referred to as the Basic Pilol Employment Verification Program administered by the Social Security Administration and Department of Homeland SecurilJl, and (ii) otherwise shall comply with the ,equiremenls of GR$8-1'7.5- 102(2)(b ). 3. The Vendor shall. comply with all reasonable requests made in the course Qf an . investigation under eRS 8-17.5-102 by the Colorado Department of Labor and Employment. If th.e Vendor fails to comply with 'any requirement of this provision or CRS 8"17.5-101 etseq., iIle State may lerm1nate work for breach and theVendor shall be liable for actual and consequential damages to the State. B. AFFIDAVIT [HB06S-1023 J 4. If the Vendor is a sole projlrie!or, the undezsigned hereby swears or affirms under penally of perjury under the laws oithe State of Colorado that (check one): I am a United SlaleS citizen, or I am a Permanent Resident of the United StatesJ or I am lawfully present in the United StaleS putsuanllo Federal law. I understand that this sworn statement is required by law because 1 am a sole-p;roprietQf entering:inlo a c()ntract toperfonn work for the State of Colorado. 1 understand that 'state' taw requires me, ,to provide proof thaI 1 am lawfully present in the United States prior to starting work for the State. I further acknowledge that I will comply wiU, the requirements of CRS 24-76.5.1()1el seq. and will produce the required fOrm of identification prior to starting work. I acknowledge that making a false, tjctitious, o~ fraudulent -s~tem,ent or- representation in this SWorn. affidavit is punishable under the criminal laws of Colorado a$ perju!)' in the second degree under CRS 18'8.503 and it shall constilnte a separate criminal offense each time a public benefit is fraudulently received. CERTIFIED and AGREED to this ~day of 0~ , 2004... VENDOR: 6.11 -r-'j -. de I 7I-A.r flA I !-/lII.IY'O/l/lJe oy:1iJC. Vendor FuJI ~J Name _Q ~M.v-d Signalure of Authorized Represe QZ - 0(,,9553/ FElN'or SocialSecurily Number Pres ;cIerr-f Title BY: Revised 11/27/01 pURel-\A.SE.. OF SeaVICg AG2l:EMENT Ex:I+/Si. B I PAG E- - .-.- -. ACORQ, CERTIFICATE OF LIABILITY INSURANCE I ";;j'27/2004' -....ueu (303)74IHI404 FAX (303)779-8316 THIS CERTlFteATI< IS ISauE;PMAIMTTEROFINFORMATlON Gasl1ar-3ones . Assoc.. Inc. OHL Y AND CONFERS NO RlGIITS UPON lHE CI'RTlFICATI< HOLIlI!R. THIS CERTlFICATI< DOES NOT AMENo. ~D Oft 7100 E. lIel h,vi... #101 ALT&R TIfE COVERAGE AFFORDED BY THE POUClES BELOW. P.O. Box 4516 GreenlOlOll Village, CO 80155 ......0 IlTrfRl'AlL WlRllI'iMENrAL 1045 N FORD ST GoUlEII. CO 80403 COVERAGE' THE POLICIES OF INSURANCE usreD auow HAve: ~ ISSUED TO THC.INSuFt!D NMtEO A90VE FOR THE POI..ICY PSUOIl INDlCAlED. NOl\lVlTHstANDIN Am REOlJIReMeHT. TERM OR ~T1ON' OF ANY COmRACTQR, 01HE.R OOCUMENTWlltf RESPECT TO WHICH THIS CERTp:)CATE MAV BE ISSUED OR MAY PeRTAIN, THE INSIlItII<CE AFFOROEO 8Y"'" P(UCIES D<SCRlBeD HEREIN IS SUBJECT TO ALl. THET~S, 2XC\.USIOl'S ANI> CDNomoNS OF SUCH poucaes. AGGRa;A.TE 1,INrTS Si-lOWN MAY HAVE BEEN REDUCED BVPAlOCLAlMS. I~= 'm'IOFItCSURAHCE flWC'Yf<<,Irotl!lP -~~..-~~~~ 0AItf- .........UASlLItY 34SBAPC7671 06/23{200l 06/23{200, j EAaI"""",,",",," . Y ~~G5NSRAl.l.UB4IT'l' I ~~~-n;'~~~ - · = :JClJoIM3awE [!)OCCUA 64EDGxP(Any(WtplllS1ln) S eANt'"&Ll.AIlPN 8HOf,11..OMtlOFnE,f,B()ft~EDPCIIJClESBEc:A~ HfOR! 'DIE aP\IUlI'noH M'ft:1MEftECF.lliEUUiNG IRS\lMRWlI.\..EHDeAyOaTO..u.lL 30" t1AYSWRmr.N HOTlCETO 1lfiC.ER'OFICATfiHOWER rw,rSlI'tQTHllUT, 8Uf FAlLUM5TOMAIL SUCH IIKJ'TltIS SHAl..LLMPOSE:HOOIL1GA1lOHOR~ Of ANY ICItlIDUPONlHE PlSURER.fT$ AGENtSORREf'fUiSENTA1IIl'ES.. A\1IHOAIZ!DRiPRlSENTAiJve t, /1 ~ __ Mau.""" N<reiko Y ~ ~tC . lilACORD CORPOI<ATION 19tt INSUIU!Rll AFFORDING COVERAGE I~A: Hartford Casualt.y Insurance CO INWREIl."', P1nnac.ol Assurance CO INSURER: 0: IIKSUftER 0: IIttSURiRE: 1\ ~HN."''''''IftNR'i' 1 Galew.AOORKA1"e ~ PROOOC1S-COr.tPl'OPIIGG So 1\ Gefft.AGGftEGATEUJ,OT APPLIES PER: XJ....~vfl~ nlOC AUl'0MQI;ftJ! LIMIl.m' '''''AlITO ALL QIMIES) AlIroS SCHS:CllA,,S).MJTOS X ~DA1,JTOS X NONoQWN&gAUTOS COM61NEDsq.,JGt,1;'! LIMIT ......- BODl.VINJlIRY tf'IiI'pIll$Qfl~ 18OD1l Y IHJURV (P<<aGCderll) 34SBAPC7611 06/23/2003 06/23{2009 PROPERfY CAW.GI!: tPef~EllII) ........UA8lUTV =1 ANY PlUtO EXCESSNleIW.lA t..IAIll..m' :J OCCUR 0 Mlt.lSMADE =1:= I WO__(:OMHNSADON.A.KD nm.OYeA$" I>>ol!IlUfY B ;1~~==Je~ECUTWE ~~It~'=~~ emu ... -, . AUtOOHLY.EAACCtDEtn' .. ....>DC . "'" . . . . O"rnER TItAN AutOotA.Y" 4072127 07{01{2008 ~OCCUARQ/CE I AGOIm;ATe I I . 07/01/20091 X 1~~~I~..1 lOJ:" $ I e.\,. EAalACClOEHT :Ii IS.1.-DISEASE-EABIK<tYa S ~L~S~.~VUMrr I I D!:: :mI'nON OfOJ'ItR,ATUlNSlLOCA1!Of!I(V~I~ .lIStONSADOED8Y'ENOPMQlINt/SPEClALP~ONS l11e cities 01' Arvada. GOlelen, Lltt eton. LakewooCl and Wheat Rielge are be1d barmless as ....r the Insured contract~ . 10 day notice on non-payment ~~RT1FtCATE HOLQF=~ Jefferson County Dept of Healtb I Environment Attn: lIetb L lpseod> 1801 19th StAet Co1 den. CO 80401 ACOR025(2OlI1lO8) FAX: (303)211-5702 NAIC' 29424 2.000,0~ 300,000 10.0.- 2.000...00 . 4.000.D!! 4.600. . . . . I I I I I I 1.000.00_1 1.000 .OO~ 1.000,000 I GA ArrACWf'laJT B . PAG E.. ~" '9- k A ~ ~ _ y City of pWheatR.l..dge ITEM NO: -1-B I REQUEST FOR CITY COUNCIL ACTION '"],"'~ ,~~ COUNCIL MEETING DATE: July 14,2008 TITLE: RESOLUTION 35-2008 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEENltlE CITY AND COUNTY OF DENVER AND THE CITY OF WHEAT RIDGE FOR THE PROVISION OF SERVICES AND AID IN PREPARATION FOR AND DURING THE DEMOCRATIC NATIONAL CONVENTION. o PUBLIC HEARING o BIDS/MOTIONS I:8J RESOLUTIONS o ORDINANCES FOR I ST READING (mm/dd/yyyy) o ORDINANCES FOR 2ND READING (mm/dd/yyyy) Quasi-judicial: o YES I:8J NO r~rJ~ _ Daniel d. Brennan, Chief ~fPolice City~~ EXECUTIVE SUMMARY:. Denver Police officials have requested mutual aid in responding to the security needs of the Democratic National Convention to be held in Denver from August 22 - August 29, 2008. The department has been asked to provide coverage for seven 12-hour shifts. Given the national importance of this event, it is important that the Wheat Ridge Police Department assist with the local, state and national priorities that the DNC represents. Members of the Wheat Ridge Police Department have developed plans that will accommodate the request from the Denver Police Department while still maintaining public safety within the City. Denver Police have requested to use sworn tactical and patrol personnel for the purpose of maintaining security during the event. In addition, DPD has requested the use of a tactical paramedic and a police vehicle. Members of the Police Department Management Team have consulted with the City Attorney's Office and CIRSA, and have evaluated the fiscal and liability pros and cons of participating in this unique national event. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The Democratic National Convention is a national event that will impact the entire metropolitan region. In order to have a successful and secure event, law enforcement jurisdictions outside of Denver's City limits must participate. The City of Denver has requested the assistance of the City of Wheat Ridge. The City of Denver has requested Wheat Ridge Police Department members assist at the DNC venue and assist with security needs. One patrol vehicle was also requested. The Intergovernmental Agreement details the provisions for Workers Compensation, liability insurance and reimbursement for costs directly incurred for approved services, training and support. Both CIRSA and the City Attorney's Office have reviewed these doclUllents. The department has a plan for maintaining adequate resources to handle day-to-day calls for service in the City. In addition, the department has partuered with other law enforcement agencies in Jefferson County and made arrangements for the provision of specialized services such as SWAT, bomb services and hazmat services when needed. The IGA with Denver has a provision stating that Wheat Ridge can suspend this agreement if extraordinary events occur. ALTERNATIVES CONSIDERED: The City of Wheat Ridge may choose to not send officers to Denver. This alternative will probably not keep the DNC from affecting the City. In addition, the City would not receive reimbursement money for training to deal with the situations that might arise. FINANCIAL IMPACT: The Denver Police Department has submitted a plan for compensating agencies that participate in the response to the security needs ofthe Democratic National Convention. An evaluation of the nlUllber of officers and hours that will be dedicated to the DNC, as well as the officers and hours that will be required to staff the City during that time, indicates that the City should be fully reimbursed for all personnel costs associated with this event. The Wheat Ridge Police Department will spend approximately $18,000 on equipment all of which will be retained by the department and will be used for tactical and routine operations both before and after the DNC. RECOMMENDED MOTION: "1 move to approve Resolution 35-2008. a Resolution approving an Intergovernmental Agreement (lGA' between the City and County of Denver and the City of Wheat Ridge for the provision of services and aid in preparation for and during the Democratic National Convention." or, "I move to table indefinitely Resolution 35-2008. a Resolution approving an Intergovernmental Agreement (IGA) between the City and County of Denver and the City of Wheat Ridge for the provision of services and aid in preparation for and during the Democratic National Convention, for the following reasons: " Report Prepared By: Daniel Brennan, Chief of Police Report Reviewed By: Patrick Goff, Deputy City Manager ATTACHMENTS: I. Staff Report: Item not attached, it will be covered at the meeting 2. rGA: Item not attached, it will be covered at the meeting 3. Resolution 35-2008 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 35-2008 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF SERVICES AND AID IN PREPARATION FOR AND DURING THE DEMOCRATIC NATIONAL CONVENTION WHEREAS, the City of Denver has presented an Intergovernmental Agreement (IGA) that establishes agreements between the City of Denver and the City of Wheat Ridge for the provision of services and aid in preparation for and during the Democratic National Convention; WHEREAS, the IGA establishes provisions for adequate compensation for the planning, training, operation and equipment provided by the City of Wheat Ridge and establishes appropriate liability and Workers Compensation insurance; WHEREAS, this is an important component for the upcoming Democratic National Convention that is a significant and unique regional event; WHEREAS, the Wheat Ridge Police Department has established an operational plan for the provision of complete and continuous public safety services within the City of Wheat Ridge to include emergency operations; and WHEREAS, this IGA is a legally binding document that establishes a mechanism for the provision of services and resources, the compensation for those services and resources and insurance to cover the provision of services and resources. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE THAT: Approves the Intergovernmental Agreement between the City of Wheat Ridge and the City of Denver concerning the provision of services and aid in preparation for and during the Democratic National Convention. DONE AND RESOLVED at a meeting ofthe City Council ofthe City of Wheat Ridge, Colorado on the day of . 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ATTACHMENT 3 . ~.4.,. ~ _ y City of pWheatR.l..dge ITEM NO: I. C. REQUEST FOR CITY COUNCIL ACTION ~~ ~~ ITr[~ COUNCIL MEETING DATE: July 14, 2008 TITLE: RESOLUTION 36-2008 - A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR PEDESTRIAN/SCHOOL CROSSING IMPROVEMENTS AT 44TH A VENUE AND MILLER STREET o PUBLIC HEARING o BIDS/MOTIONS I:8J RESOLUTIONS o ORDINANCES FOR 1ST READING (Date) o ORDINANCES FOR 2ND READING Quasi-Judicial: I:8J Yes ~~. "~...r Director of Public LJs . o No ~ City~~ EXECUTIVE SUMMARY: The City and Compass Montessori-Wheat Ridge Charter School were successful in an application for a Safe Routes to School Grant, which will fund pedestrian crossing improvements at 44th Avenue and Miller Street. The project includes new speed boards, crossing signs with flashing LED lights, striping and ADA ramps. The Federal grant amount is $50,000. The City will administer the project. To insure grant funding, the Colorado Department of Transportation (CDOT) requires that the City enter into an Intergovernmental Agreement (lGA) at this time, even though Federal authorization is not in place. ,COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: In late 2006 the Compass Montessori Charter School and the City applied for a Safe Routes to School Grant to fund an improved crossing of 44th Avenue near the school. CDOT, the grant administrator, approved the grant application in 2007. Approval of the project by the City and CDOT is required prior to Federal authorization of the grant funding. The attached IGA accomplishes the CDOT and City approvals, while committing CDOTto a small portion of the project cost. The Federal process will require that the IGA be amended once the Federal funds are approved. The project consists of installing lighted crossing signs, new sidewalk ramps and relocating an existing crosswalk east of its current location at Miller Street on 44 th Avenue. In addition, speed boards will be installed east and west of the new crossing to draw attention to the speed limit and pedestrian crossing. The estimated cost of the project is $50,000 and will be fully funded by the Grant. ALTERNATIVES CONSIDERED: If the proposed Resolution is not approved, the $50,000 Federal grant will be lost. FINANCIAL IMPACT: The City will administer the project without reimbursement. While the Federal grant is expected to fund the project, any shortfall will be provided by the City. RECOMMENDED MOTION: "I move to approve Resolution 36-2008. a Resolution Approving a Contract with the Colorado Department of Transportation for Pedestrian/School Crossing Improvements at 44th Avenue and Miller Street." Or, "I move to table indefinitely Resolution 36-2008. a Resolution Approving a Contract with the Colorado Department of Transportation Pedestrian/School Crossing Improvements at 44th Avenue and Miller Street, for the following reason(s): " Report Prepared by: Tim Paranto, Director, Public Works Report Reviewed by: Patrick Goff, Deputy City Manager Attachments: l. Resolution 36-2008 2. CDOT Contract No. 16413 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 36-2008 TITLE: A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR INSTALLATION OF PEDESTRIAN/SCHOOL CROSSING IMPROVEMENTS AT 44TH AVENUE AND MILLER STREET WHEREAS, the City Council wishes to provide for the construction of pedestrian improvements at 44th Avenue and Miller Street; and WHEREAS, the City has negotiated a contract with the Colorado Department of Transportation for the funding of the Project. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Contract AnDfoved. The contract between the City and the Colorado Department of Transportation for Project 16413: pedestrian improvements at 44th Avenue and Miller Street, is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. This Resolution shall be effective immediately upon adoption. DONE AND RESOLVED this day of ,2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk A I I ACHMENT 1 (FMLA WRK) PROJECT SRTS M361-005, (16413) REGION 6/(JH) Rev 09/03 08 HA6 00097 SAP ID 271000715 CONTRACT THIS CONTRACT made this _ day of 20----, by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred to as the State and the CITY OF WHEAT RIDGE, 7500 West 29th Avenue, Wheat Ridge, Colorado, 80033, CDOT Vendor #: 2000099, hereinafter referred to as the "Contractor" or the "Local Agency." RECITALS 1. Authority exists in the law and funds have been budgeted, lIpp<"p<:ated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund Number 400, Functions 3404 and 3301, GL Acct. 4231200011, WBS Elements 16413.1 0.50 and 16413.20.10, (Contract Encumbrance Amount: Miscellaneous-$3,500.00, Construction-$O.OO, This Contract-$3,500.00). 2. Required "ppw .al, clearance and coordination have been accomplished from and with "Pp<vp<:ate agencies. 3. Pursuant to Title I, Subtitle A, Section 1108 of the "Transportation Equity Act for the 21 5t Century" of 1998 (TEA-21) and/or the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" (SAFETEA-LU) of 2005 and to applicable provisions of Title 23 of the United States Code and implementing regulations at Title 23 of the Code of Federal Regulations, as maybe amended, (collectively referred to hereinafter as the ''Federal Provisions"), certain federal funds have been and will in the future be allocated for transportation projects requested by Local Agencies and eligible under the Surface Transportation hnprovement Program that has been proposed by the State and approved by the Federal Highway Administration ("FHWA"), hereinafter referred to as the "Program." 4. Pursuant to 9 43-1-223, C.R.S. and to applicable portions of the Federal Provisions, the State is responsible for the general administration and supervision of performance v; l'W;ects in the Program, including the administration of federal funds for a Program project performed by a Local Agency under a contract with the State. 5. The Local Agency has requested that a certain local transportation project be funded as part of the Program, and by the date of execution of this contract, the Local Agency and/or the State has completed and submitted a preliminary version of CDOT form #463 describing the general nature of the Work. The Local Agency understands that, before the Work begins, form #463 may be revised as a result of design changes made by CDOT, in coordination with the Local Agency, in its internal review process. The Local Agency desires to p,,<ivuu the Work described in form #463, as it may be revised. Page I of17 A I I ACHMENT 2 6. Federal-aid funds have been made available for project SRTS M361-005 (16413), which shall consist of installing a pedestrian/school crossing traffic signal, curb ramps, pavement marking (cross- walks) and installing orresetting traffic signs, r.,f""ooJ to as the "Project" or the "Work." Such Work. will be performed in Wheat Ridge, Colorado, specifically described in Exhibit A. 7. The matching ratio for this federal aid project is 100% federal-aid funds to 0% Local Agency funds, it being understood that such ratio applies only to such costs as are eligible for federal participation, it being further understood that all non-participating costs shall be borne by the Local Agency at 100%. 8. The Local Agency desires to comply with the Federal Provisions and other applicable requirements, including the State's general administration and supervision of the Project through this contract, in order to obtain federal funds. 9. The Local Agency has estimated the total cost of the Work and is prepared to provide its match share of the cost, as evidenced by an al'....Vl'.:ate ordinance/resolution or other authority letter which ';'''l'.""sly authorizes the Local Agency the authority to enter into this contract and to expend its match share of the Work. A copy of such ordinance/resolution or authority letter is attached hereto as Exhibit B. 10. This contract is executed under the authority of ~~ 29-1-203, 43-1-110; 43-1-116, 43-2-101(4)( c) and 43-2-144, C.R.S. and Exhibit B. 11. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete some or all of the Work. 12. The Local Agency can more advantageously perform the Work. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Project or the Work under this contract shall consist of installing a pedestrian/school crossing traffic signal, curb ramps, pavement marking (cross-walks) and installing or resetting traffic signs, in Wheat Ridge, Colorado, as more specifically described in Exhibit A. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: I. Special Provisions contained in section 29 of this contract 2. This contract 3. Exhibit A (Scope of Work) 4. Exhibit C (Funding Provisions) 5. Exhibit D (Certification for Federal-Aid Contracts) Page 2 of17 6. Exhibit E (DBE Requirements) 7. Exhibit F (Contract Modification Tools) 8. Other Exhibits in descending order of their attachment. Section 3. Term This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is later. The term of this contract shall continue through the completion and final acceptance of the Project by the State, FHW A and the Local Agency. Section 4. Project Funding Provisions The Local Agency has estimated the total cost of the Work and is prepared to provide its match share of the cost, as evidenced by an "l'l'<"l'<;ate ordinance/resolution or other authority letter which ';'Al'<.;.osly authorizes the Local Agency the authority to enter into this contract and to expend its match share of the Work. A copy of such ordinance/resolution or authority letter is attached hereto as Exhibit B. The funding provisions for the Project are attached hereto as Exhibit C. The Local Agency shall provide its share of the funds for the Project as outlined in Exhibit C. Section 5. Project Payment Provisions A. The State will reimburse the Local Agency for the federal-aid share of the project charges after the State's review and "l'l'<".al of such charges, subject to the terms and conditions ofthis contract. However, any charges incurred by the Local Agency prior to the date of FHW A authorization for the Project and prior to the date this contract is executed by the State Controller or . his designee will not be reimbursed absent specific FHW A and State Controller approval thereof. B. The State will reimburse the Local Agency's reasonable, allocable, allowable costs of performance of the Work, not exceeding the maximum total amount described in Exhibit C. The applicable principles described in 49 C.F.R. 18 Subpart C and 49 C.F.R. 18.22 shall govern the allowability and allocability of costs under this contract. The Local Agency shall comply with all such principles. To be eligible for reimbursement, costs by the Local Agency shall be: I. in accordance with the provisions of Exhibit C and with the terms and conditions of this contract; 2. necessary for the accomplishment of the Work; 3. reasonable in the amount for the goods and services provided; 4. actual net cost to the Local Agency (i.e. the price paid minus any refunds, rebates, or other items of value received by the Local Agency that have the effect of reducing the cost actually incurred); 5. incurred for Work performed after the effective date of this contract; 6. satisfactorily documented. Page 3 of17 C. The Local Agency shall establish and maintain a proper accounting system in accordance with generally accepted accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting scheme) to assure that project funds are expended and costs accounted . for in a manner consistent with this contract and project objectives. 1. All allowable costs charged to the project, including any approved services contributed by the Local Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in detail the nature of the charges. 2. Any check or order drawn up by the Local Agency, including any item which is or will be chargeable against the proj ect account shall be drawn up only in accordance with a properly signed voucher then on file in the office of the Local Agency, which will detail the purpose for which said check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents shall be clearly identified, readily accessible, and to the extent feasible, kept separate and apart from all other such documents. D. Upon execution of this contract, the State is authorized, in its discretion, to perform any necessary administrative support services pursuant to this contract. These services may be performed prior to and in preparation for any conditions orrequirements of this contract, including prior FHW A approval of Work. The Local Agency understands and agrees that the State may perform such services, and that payments for such services shall be at no cost to the State but shall be as provided for in Exhibit C. At the request of the Local Agency, the State shall also provide other assistance pursuant to this contract as may be agreed in writing. In the event that federal-aid proj ect funds remain available for payment, the Local Agency understands and agrees the costs of any such services and assistance shall be paid to the State from project funds at the applicable rate. However, . in the event that such funding is not made available oris withdrawn for this contract, orifthe Local Agency terminates this contract prior to project "I'1'<v.al or completion for any reason, then all actual incurred costs of such services and assistance provided by the State shall be the sole expense of the Local Agency. E. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows: 1. Upon receipt of each bill from the State, the Local Agency will remitto the State the amount billed no later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400). 2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment Page 4 ofl7 which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. F. The Local Agency will prepare and submit to the State, no more than monthly, charges for costs incurred relative to the project. The Local Agency's invoices shall include a description of the amounts of services performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State's standard policies, procedures and standardized billing format to be supplied by the State. G. To be eligible for payment, billings must be received within 60 days after the period for which payment is being requested and final billings on this contract must be received by the State within 60 days after the end of the contract term. I. Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds, encumbered for the purchase of the described services. The liability of the State, at any time, for such payments shall be limited to the arnount remaining of such encumbered funds. 2. In the event this contract is tenninated, final payment to the Local Agency may be withheld at the discretion of the State until completion of final audit. 3. Incorrect payments to the Local Agency due to omission, error, fraud or defalcation shall be recovered from the Local Agency by deduction from subsequent payment under this contract or other contracts between the State and Local Agency, or by the State as a debt due to the State. 4. Any costs incurred by the Local Agency that are not allowable under 49 C.F.R. 18 shall be reimbursed by the Local Agency, or offset against current obligations due by the State to the Local Agency, at the State's election. Section 6. State and Local Agency Commitments i' The Local Agency Contract Administration Checklist in Exhibit G describes the Work to be performed and assigns responsibility of that Work to either the Local Agency or the State. The "Responsible party" referred to in this contract means the Responsible party as identified in the Local Agency Contract Administration Checklist in Exhibit G. A. Design [if applicable] 1. If the Work includes preliminary design or final design (the "Construction Plans''), or design work sheets, or special provisions and estimates (collectively referred to as the "Plans"), the responsible party shall comply with the following requirements, as applicable: a. perform or provide the Plans, to the extent required by the nature of the Work. b. prepare final design (Construction Plans) in accord with the requirements of Page 5 of17 the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by CDOT. c. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local Agency specifications if approved by CDOT. d. include details of any required detours in the Plans, in order to prevent any interference of the construction work and to protect the traveling public. e. stamp the Plans produced by a Colorado Registered Professional Engineer. f. provide final assembly of Plans and contract documents. g. be responsible for the Plans being accurate and complete. h. make no further changes in the Plans following the award of the construction contract except by agreement in writing between the parties. The Plans shall be considered final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein. 2. If the Local Agency is the responsible party: a. The local agency shall comply with the requirements of the Americans With Disabilities Act (ADA), and applicable federal regulations and standards as contained in the document "ADA Accessibility Requirements in CDOT Transportation Projects". b. It shall afford the State ample opportunity to review the Plans and make any changes in the Plans that are directed by the State to comply with FHW A requirements. c. It may enter into a contract with a consultant to do all or any portion of the Plans and/or of construction administration. Provided, however, that if federal-aid funds are involved in the cost of such work to be done by a consultant, that consultant contract (and the p".iv....ance/provision of the Plans under the contract) must comply with all applicable requirements of 23 CFR Part 172 and with any procedures implementing those requirements as provided by the State, including those in Exhibit H attached hereto. If the Local Agency does enter into a contract with a consultant for the Work: (I) it shall submit a certification that procurement of any design consultant contract complied with the requirements of23 CFR 172.5(1) prior to entering into contract. The State shall either approve or deny such procurement. If denied, the Local Agency may not enter into the contract. (2) it shall ensure that all changes in the consultant contract have prior approval by the State and FHW A. Such changes in the contract shall be by written supplement agreement. As soon as the contract with the consultant has been awarded by the Local Agency, one copy of the executed contract shall be submitted to the State. Any amendments to such contract shall also be submitted. , i' Page 6 ofl7 (3) it shall require that all consultant billings under that contract shall comply with the State's standardized billing format. Examples of the billing formats are available from the CDOT Agreements Office. (4) it (or its consultant) shall use the CDOT procedures described in Exhibit H to administer that design consultant subcontract, to comply with 23 CFR 172.5(b) and (d). (5) it may expedite any CDOT approval ofits procurement process and/or consultant contract by submitting a letter to CDOT from the certifying Local Agency's attorney/authorized representative certifying compliance with Exhibit H and 23 CFR 172.5(b )and (d). (6) it shall ensure that its consultant contract complies with the requirements of 49 CFR 18.36(i) and contains the following language verbatim: (a) ''The design work under this contract shall be compatible with the requirements of the contract between the Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project. The State is an intended third party beneficiary of this contract for that purpose." (b) ''Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the proj ect." (c) ''The consultant shall review the construction contractor's shop drawings for conformance with the contract documents and compliance with the provisions of the State's publication, Standard Snecifications for Road and Bridf!e Construction. in connection with this work." d. The State, in its discretion, will review construction plans, special provisions and estimates and will cause the Local Agency to make changes therein that the State determines are necessary to assure compliance with State and FHW A requirements. B. Construction [if applicable] 1. If the Work includes construction, the responsible party shall perform the construction in accordance with the "l'l"U ,ed design plans and/or administer the construction all in accord with the Local Agency Contract Administration Checklist. Such administration shall include project inspection and testing; "l'l"U ,ing sources of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, "l'l"U nng and securing the funding for contract modification orders and minor contract revisions; processing contractor claims; construction supervision; and Page 7 of17 meeting the Quality Control requirements of the FHW NCDOT Stewardship Agreement, as described in the Local Agency Contract Administration Checklist. 2. The State shall have the authority to suspend the Work, wholly or in part, by giving written notice thereofto the Local Agency, due to the failure of the Local Agency or its contractor to correct project conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. 3. If the Local Agency is the responsible party: a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (LAPE), to perform that administration. The LAPE shall administer the project in accordance with this contract, the requirements of the construction contract and applicable State procedures. b. if bids are to be let for the construction ofthe project, it shall advertise the call for bids upon approval by the State and award the construction contract(s) to the low responsible bidder(s) upon approval by the State. (I) in advertising and awarding the bid for the construction of a federal- aid project, the Local Agency shall comply with applicable requirements of 23 USC ~ 112 and 23 CFR Parts 633 and 635 and C.R.S. ~ 24-92-101 et seq. Those requirements include, without limitation, that the Local Agency/contractor shall incorporate Form 1273 (Exhibit 1) in its entirety verbatim into any subcontract(s) for those services as terms and conditions therefore, as required by 23 CFR 633.102(e). (2) the Local Agency has the option to accept orreject the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declare the acceptance or rejection . within 3 working days after said bids are publicly opened. (3) by indicating its concurrence in such award, the Local Agency, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and "l'l',ul',:ation for that purpose, if required to complete the Work under this project if no additional federal-aid funds will be made available for the project. This paragraph also applies to proj ects advertised and awarded by the State. c. If all or part of the construction work is to be accomplished by Local Agency personnel (i.e. by force account), rather than by a W'lll'~~:tive bidding process, the Local Agency will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and Page 8 of1? requirements with 23 CFR 635, Subpart B, Force Account Construction. (I) Such work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency, the State and FHW A in advance of the Work, as provided forin 23 CFR 635.204( c). Such agreed unit prices shall constitute a conunitrnent as to the value of the Work to be p",;v,~ed. (2) An alternative to the above is that the Local Agency may agree to participate in the Work based on actual costs of labor, equipment. rental, materials supplies and supervision necessary to complete the Work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with 48 CFR Part 31. (3) Rental rates for publicly owned equipment will be determined in accordance with the State's Standard Soecifications for Road and Bridl!e Construction g 109.04. (4) All force account work shall have prior "pp,v/al of the State and/or FHW A and shall not be initiated until the State has issued a written notice to proceed. D. State's obligations 1. The State will perform a final project inspection prior to project acceptance as a Quality Control! Assurance activity. When all Work has been satisfactorily completed, the State will sign the FHW A Form 1212. 2. Notwithstanding any consents or "pp' v ,als given by the State for the Plans, the State will not be liable or responsible in any manner for the structural design, details or construction of any major structures that are designed by or are the responsibility of the Local Agency as identified in the Local Agency Contract Administration Checklist, Exhibit G, within the Work of this contract. Section 7. ROW Acquisition and Relocation Prior to this project being advertised for bids, the Responsible Party will certifY in writing to the State that all right of way has been acquired in accordance with the applicable State and federal regulations, or that no additional right of way is required. Any acquisition/relocation activities must comply with all federal and state statutes, regulations, CDOT policies and procedures, 49 CFR Part 24, the government wide Uniform Act regulation, the FHW A Project Development Guide and CDOT's Right of Way Operations Manual. Allocation of Responsibilities can be as follows: . Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities, if any, and right of way incidentals (expenses incidental to Page90fl7 acquisition/relocation of right of way - 3114 charges); . Federal participation in right of way acquisition (3111 charges), relocation(3109 charges) but no participation in incidental expenses (3114 charges); or . No federal participation in right of way acquisition (3111 charges) and relocation activities (3109 expenses). Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency's and the State's responsibilities for each option is specifically set forth in CDOT's . Right of Way Operation Manual.Themanual is located at htto://www.dot.state.co.uslROW Manual!. Section 8. Utilities Ifnecessary, the Responsible Party will be responsible for obtaining the proper clearance or approval from any utility company which may become involved in this Project. Prior to this Project being advertised for bids, the Responsible Party will certify in writing to the State that all such clearances have been obtained. Section 9. Railroads In the event the Project involves modification ofarailroad company's facilities whereby the Work is to be accomplished by railroad company forces, the Responsible Party shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the Work without compliance. The. Responsible Party shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning federal-aid projects involving railroad facilities, including: 1. Executing an agreement setting out what work is to be a~w,ut'lished and the location(s) thereof, and that the costs ofthe improvement shall be eligible for federal participation. 2. Obtaining the railroad's detailed estimate of the cost ofthe Work. 3. Establishing future maintenance responsibilities for the proposed installation. 4. Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. 5. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. Section 10. Environmental Obligations The Local Agency shall perform all Work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable. Page 10 of17 Section 11. Maintenance Obligations The Local Agency will maintain and operate the improvements constructed under this contract at its own cost and expense during their useful life, in a manner satisfactory to the State and FHW A. The Local Agency will make proper provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances and regulations which define the Local Agency's obligations to maintain such improvements. The State and FHW A will make periodic inspections of the project to verify that. such improvements are being adequately maintained. Section 12. Federal Requirements The Local Agency and/or their contractor shall at all times during the execution of this contract strictly adhere to, and comply with, all applicable federal and state laws, and their implementing regulations, as they currently exist and may hereafter be amended. The contractor shall also require compliance with these statutes and regulations in subgrant agreements permitted under this contract. A listing of certain federal and state laws that may be applicable are described in Exhibit J. Section 13. Record Keeping The Local Agency shall maintain a complete file of all records, documents, communications, and other written materials which pertain to the costs incurred under this contract. The Local Agency shall maintain such records for a period of three (3) years after the date oftermination of this contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the State and FHW A to inspect the project and to inspect, review and audit the project records. Section 14. Termination Provisions This contract may be terminated as follows: A. Termination for Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of moneys under the contract would no longer be served by completion ofthe project. The State shall effect such termination by giving written notice oftermination to the Local Agency and specifYing the effective date thereof, at least twenty (20) days before the effective date of such termination. B. Tennination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or ifthe Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to Page 11 of17 terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appwp.;ate. In the event oftennination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this contract. Notwithstanding the above, the Local Agency shall not be relieved ofliabilityto the State for any damages sustained by the State by virtue of any breach ofthe contract by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is detennined. If after such termination it is determined, for any reason, that the Local Agencywas not in default or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as ifthe contract had been terminated for convenience, as described herein. C. Tennination Due to Loss of Fundinl!. The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the purposes of contracting for the Project provided for herein, and therefore, the Local Agency expressly understands and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon availability of such funds to the State. In the event that such funds or any part thereof are not available to the State, the State may immediately terminate or amend this contract. Section 15. Legal Anthority The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person( s) executing this contract on behalf of the Local Agency VI........'. that such person(s) has full authorization to execute this contract. Section 16. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 6, 2000 South Holly Street, Denver, Colorado 80222. Said Region Director will also be '''.pu..sible for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the Work. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State's Tran.}'u.;",;on Region 6 and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. Page 12 ofl7 Ifto State: Tamara Hunter-Maurer CDOT Region 6 2000 South Holly Street Denver, Colorado 80222 (303) 757-9329 If to the Local Agency: Mark Westberg City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80033 (303) 235-2863 Section 17. Successors Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 18. Third Party Beneficiaries It is expressly understood and agreed that the enforcement ofthe terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incideI\tal beneficiary only. Section 19. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Inununity Act, ~ 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of ~ 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, ~~ 24-30-1501, et seq., C.R.S., as now or hereafter amended. Section 20. Severability To the extent that this contract may be executed and p".{"v...,ance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 21. Waiver Page 13 ofl7 The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Section 22. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and "l'l',v:ed pursuant to the State Fiscal Rules. Section 23. Survival of Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 24. Modification and Amendment This contract is subj ect to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part ofthis contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification ofthis contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. Section 25. Funding Letters The State may allocate more or less funds available on this contract using a Funding Letter substantially equivalent to Exhibit F and bearing the "l'l',v:al of the State Controller or his designee. The funding letter shall not be deemed valid until it shall have been approved by the State Controller or his designee. Section 26. Disadvantaged Business Enterprise (DBE) The Local Agency will comply with all requirements of Exhibit E and the Local Agency Contract Administration Checklist regarding DBE requirements for the Work, except that if the Local Agency desires to use its own DBE program to implement and administer the DBE provisions of 49 CFR Part 26 under this contract, it must submit a copy of its program's requirements to the State for review and approval before the execution of this contract. If the Local Agency uses its program for this contract, the Local Agency shall be solely responsible to defend that DBE program . Page 14 of 17 and its use of that program against all legal and other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation, determinations concerning DBE eligibility requirements and certification, adequate legal and factual bases for DBE goals and good faith efforts. State "pp"" lal (if provided) of the Local Agency's DBE program does not waive or modify the sole responsibility of the Local Agency for its use as described above. Section 27. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement, will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the contract in accordance with the Chief Engineer' s decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this contract, however, shall be construed as making final the . decision of any administrative official, representative, or board on a question oflaw. Section 28. Single Audit Act Amendment All state and local government and non-profit organization Sub-Grantees receiving more than $500,000 from all funding sources, that are defined as federal financial assistance for Single Audit Act Amendment purposes, shall comply with the audit requirements of OMB Circular A-133 (Audits of States, Local Governments and Non-Profit Organizations) see also, 49 CFR 18.20 through 18.26. The Single Audit Act Amendment requirements that apply to Sub-Grantees receiving federal funds are as follows: a) If the Sub-Grantee expends less than $500,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. b) If the Sub-Grantee expends more than $500,000 in Federal funds, but only received federal Highway funds (Catalog of Federal 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. b) If the Sub-Grantee expends more than $500,000 in Federal funds, and the Federal funds are from multiple sources (FTA, HOD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization/entity. c) Single Audit can only be conducted by an independent CPA, not by an auditor on staff. d) An audit is an allowable direct or indirect cost. Page 15 ofl7 Section 29. I SPECIAL PROVISIONS The Special Provisions apply to all contracts except where noted in italics. 1. CONTROLLER'S APPROVAL. CRs 24-30-202 (1). This contract shall not be deemed valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRs 24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. [Applicable Only to Intergovernmental Contracts] No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq., or the Federal Tort Claims Act, 28 U.$.C. 2671 et seq., as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall pay when due all required employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to this contract. Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance benefits unless contractor or a third party provides such coverage and that the state does not pay for or otherwise provide such coverage. Contractor shall have no authorization, express or implied, to bind the state to any agreement, liability or understanding, except as expreSSly set forth herein. Contractor shall proVide and keep in force workers' compensation (and provide proof of such insurance when requested by the state) and unemployment compensation insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees and agents. 5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant thereto, shall be applied In the Interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which Is otherwise In conflict with said laws, rules, and regulations shall be consIdered null and void. Nothing contained In any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract, to the extent that this contract is capable of execution. At all times during the performance of this contract, Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established. 7. [Not Applicable to Intergovernmental Contracts] VENDOR OFFSET. CRs 24-30-202 (1) and 24-30-202.4. The State Controller may withhold payment of certain debts owed to State agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in Article 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or its agencies, as a result of final agency determination or reduced to judgment, as certified by the State Controller. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. No State or other public funds payable under this contract shall be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright I.aws or applicable licensing restrictions. Contractor hereby certifies that, for the term of this contract and any extensions, Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this contract, including, without limitation, Immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCrAL INTEREST. CRs 24-18-201 and 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. 10. [Not Applicable to Intergovernmental Contracts]. ILLEGAL ALIENS - PUBLIC CONTRACTS FOR SERVICES AND RESTRICTIONS ON PUBLIC BENEFITS. CRs 8-17.5-101 and 24-76.5-101. Contractor certifies that it shall comply with the provisions of CRS 8.17 .5~101 et seq. Contractor shall not knowingly employ or contract with an illegal alien to pp.rform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work uoe-Ier this contract, Contractor represents, warrants, and agrees that It (i) has verified that It does not employ any Illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (ii) othelWise shall comply with the requirements of CRS 8-17.5- 102(2)(b). Contractor shall comply with all reasonable requests made in the course of an Investigation under CRs 8-17.5-102 by the COlorado Department of Labor and Employment. Failure to comply with any requirement of this provision or CRS 8-17.5-101 et seq., shall be cause for termination for breach and Contractor shall be liable for actual and consequential damages. Contractor, if a natural person eighteen (18) years of age or older, hereby swears or affirms under penalty of perjury that he or she (I) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of CRS 24-76.5-101 et seq., and (i1i) shall produce one form of identification required by CRS 24-76.5-103 prior to the effective date of this contract. Revised October 25, 2006 Effective Date of Special Provisions: August 7, 2006 Page 16 of17 THE PARTIES HERETO HAVE EXECUTED TlllS CONTRACT CONTRACTOR: STATE OF COLORADO: BILL RITTER, JR. GOVERNOR CITY OF WHEAT RIDGE Legal Name of Contracting Entity By executive Director Department of Transportation 2000099 COOT Vendor Number LEGAL REVIEW: Signature of Authorized Officer JOHN W. SUTHERS ATTORNEY GENERAL By Print Name & Title of Authorized Officer CORPORATIONS: (A corporate attestation Is required.) Attest (Seal) By (Corporate Secretary or Equivalent. or Town/City/County Clerk) (Place corporate seal here. If available) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER, CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below. the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: LESLIE M. SHENEFEL T Bv Date Page 17 ofl7 I Oiig,OBte: 0612012007 I Rev.Date: I Revision': 0 1 Ri!9011;t.06 COLORADO'DEPARmENT OF TRANSPORTATION OESIGN DATA lPrc4eetCode'(~:16413 ISTIPI: SST6751 PrOfeCtI::SRTSM36'1-005 Page 1m3 Status: PE_ProiectCode: I Projeet o..s(riplion: COMPASS MONTESSORI- WHEAT RIDGE Counly: @ Preliminary 0 Final 0 Revised Submitted 8y PM: MAURERT Date: R-evisedby: Date: I Approved'_l1t PrQg-amEngineer: I Municloaliv: Wheat Rldae ~siem code: Z-Not -on anv Federal SYstem OVefSktl.t BY: A-Exemp! ~ann8d Lenath; 0.010 I Geographic locatiOn: WEST 44TH _AVENUE AND-MILLER STREET. WHEAT RIDGE Twe-orTerrain: Urban Description of Proposed CClIiStruClionllmj;irovement(AtlaCh'i'nap shOWing Site lOcation) LIGHTS I SIGNS I STRIPING I BIKE RACKS I ADA RAMPS __ ProJett C;haractertsUcs (Proposed) n Llahtina n n Curb and Gutter n ,n Sfd'NalkWfdUi= n n ParkinalaRlfWldth= n o landsCaping requirements (deseriplioo): 1II1tl9ht of Way ROW &tot Perm. Ealliement Required RelocalJqn Reqt,limd Temporary Eas&ment Rilquirfld:' ChangesinAl:cess: Changes to CoilneCting Roads: II Railroad CrossingS Recommendations: . Envhtu,mental !Type: None Commenl$: HanaCaDRamDS Club'Only Bikewav W1dth= Detours Me~lan (TyPe): 0 Oepre$$Qd 0 Painted n Traffic'Control SicHi!,s o left. Tum,:SloI:s 0 Cllillhnious Cl RIQht.TumSlots n Continuous Sianina n Construction o Other (desiCrlplion): o Rai$ed 0 None n SbiDina Widh= lMdh= n Permanent YallNo No No No No No E.... . Utilities (llstnllr118S ofknow.n utility companies) ,. ofCl'Omng$: I Approved On: I Under Prqect Coda_: I project,: III CaardlmiUop o WilfIdrltwn lands {pow8rSiws; Resei\ioii'S; Etc.)-ctearedlfli'ou,gh BLM'oi' Fotest Sei'Yice Office D New:Traffic()rdinan~,Be~Ir$l 0 Moc;fftScheoole,or~$tingOrdinanC8' Olher: II Construction Method I Advertised By: I NoM Ree~n: I Entity I AgeneyContacl Name: Local III Safety ConslderaUons I ProJed:Uilder: o Vatlance in Minimum DMign ste'lldards R8CJl. ired. ~ 0 D Justification Attached 0 Request to be SUbmitte n Brldnelsee.ltem 1':2} n See_Remms n Staae Construction laxDlaln In remarks) ~Rprojects Sefetv Evaluation COnlDl&te ldate\: hri9lltldnDitch'Narna: Muncipality: Wheat :~idge I Phone.: Guardrail meets current stend.ds: No Safety ptq'ect not ,U$tandar.ds addles~ Exhibit A - Page I 00 !Ploe20f3 IPrciIltlCodeil(SM): IPlcjed~ 1641:1 SRTS M361-005 U...Cdufl\llsA,B.C D.""'....Etuidlonli~_d.~1>ak>w ~ IA_ IB- IRwlHdlle: le-" 10'" ......, r::::...tV_ I , O<V% ,:] IFutu..V"'. 9-. FlciIirf lQCf,lion 0 Indllsllt-.J 0 "Cornrn..dal 0 Inductdal 0 Corrinlerclal 0 !ndultrtal 0 Cclnmori:lal 0 In_dIlSlltlll n R..rdMllal n 0Ih... . n R"oldIoillIal n Oth. In RHklMlIIal n 0Ih... . n R..fdol\1IaI iii Roadway"Class rRotIbI" ~ R..~ I Endrio~ ~ Fu.-etibrillllClil..ciIlea_ . F.e1~~t>I.OII . .RundCodro IIIDlI!Slgnstandards ShrlclanllE:risllng jProposo~Jl,!llin'lo sw.:lI!fllJEldstll>l II'rq>oo.Odlllllmote SlarWdIExIs_I"lll'rq>Ollodl')lt_. r-r DesrpnVUlance Aeaulred /.Ibs!lndilrd Items llIlIldtntll'led with l'n -.'" ,oe column .. d.uv_ dII$I"" variIlnr:awlUl COOT 'orm.....1 . I "'.....,.""..... I SlIotIldarwklhVouts:ld. SlIouldorwirl/lttloull:ldi D-.b\_SooMd Cto..SlI)l)~ u...~...._~.....t1I MIn.R....... Mirl_H"""",,b;1SS11 MIn.V.rtlcalSSD UaxGrade J Deslll!'Detfsklnlella'RetaJ[Rdl_-.dardllemlJaRllndeittllledllrllhanOln''''COIuriln&cIul!''Wlthdldslonlolte;t'i T",!!calSIOellonTv~ .tlHrlll/allan.. SIclesl~DlsLt"~ LMldiionlM':"'I PoSledSr>ot~ ". o eomm..cIIIl 0 IndIlclrlel nOlliar .nR~r o Com_ n ""M stl!l'ldordlE>1s1lt1gli>n:lpOE'dlullimol.Sl_IE"I'ln\lIPrOpootijIU~ti Exhibit A - Page 2 of 3 l-prqeC! Code #(SA#): I proJectt: I Revise Dale: 16413 SRTS'M361-005 II M~Jor structures s= to stay, R= to be l'8n1oved, P= proposed new structure I I I Reference J I Slandllld I ",,,,,.,,. Structure 10# 'f Lenftt!' - Poriat Feilture,lnten:ect$d Wkftll Roadwl1Y - Proposed Treamentof Bridges to'Remain in P1aee{addressllrldg& rail, capaeily, end allowable sutf#lng thickn~~): Page 3 of3 III Remarks Exhibit A - Page 3 of 3 I Structural I HOrizontal Cll.)lcJty Clearance I Vertical Clearance Iv... 8.. Exhibit B LOCAL AGENCY ORDINANCE or RESOLUTION ~"I""~"'-R""'"''''''''''''"''''"~~. .'...""'_. . _1ir1@.,.~.'" " . Ji),.~~' ~<!"'-~tAl#WiI;" _ _ - _:>. " _ .. _:I~~/q",1F~.. < .": _ ',: ,,' - ,- _ ~,' - "_ ~t."". ~'~""~ _ ~~'&,~~ ", ,,~'fj-'__' ~_ _ '__ MM_.~~ _ M _ _ A. The Local Agency has estimated the total cost the Work to be $3,500.00 which is to be Funded as follows: 1 BUDGETED FUNDS a" Federal Funds (SRTS@ 100%) $3,500,,00 b. Local Agency Matching Funds (SRTS @ 0%) $0.00 Local Agency Matching for COOT - Incurred $0.00 c. Non-Participating Costs (Including Non-Participating Indirects) ITOTAL BUDGETED FUNDS $3.500.00 2 ESTIMATED COOT-INCURRED COSTS a" Federal Share $3,500,,00 (100% of Participating Costs) b. Local Share Local Agency Share of Participating Costs $0.00 Non-Participating Costs (Including Non- Participating Indirects) $0,,00 Estimated to be Billed to Local Agency $0.00 I TOTAL ESTIMATED COOT-INCURRED COSTS $0.00 3 ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted (1a) $3,500.00 b. Less Estimated Federal Share of COOT -Incurred Costs (2a) $0.00 I TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $3,500.00 FOR COOT ENCUMBRANCE PURPOSES Note: only the miscellaneous funds are currently available, the construction funds will be added after Federal authorization of the phase either by amendment. Total Encumbrance Amount ($3,500.00 divided by 100%) $3,500.00 Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 I Net to be encumbered as follows: $3.500.00 I WBS Element 16413.10.501 Mise 134041 $3,500.00 I WBS Element 16413.20.10 Const 3301 $0.00 Exhibit C - Page I of 2 SAl6413 B. The matching ratio for the federal participating funds for this project is 100% federal-aid funds (CFDA #20 2050) to 0% Local Agency funds, it being understood that such ratio applies only to the $3,500.00 ($3,500.00 Federal Funds and $0.00 Local Agency Matching Funds) that is eligible for federal participation, it being further understood that all non-participating costs are borne by the Local Agency at 100%. If the total participating cost of performance of the Work exceeds $3,500.00, and additional federal funds are made available for the project, the Local Agency shall pay 0% 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 total participating cost of performance of the Work is less than $3,500.00, then the amounts of Local Agency and federal-aid funds will be decreased in accordance with the funding ratio described herein. The performance ofthe Work shall be at no cost to the State. C. The maximum amount payable to the Local Agency under this contract shall be $3,500.00 (For CDOT accounting purposes, the federal funds of$3,500.00 and local matching funds of $0.00 will be encumbered for a total encumbrance of $3,500.00), unless such amount is increased by an ..pp,vp.:ate written modification to this contract executed before any . increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution ofthis contract, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from federal and/or state and/or Local Agency sources, as applicable. Should these sources, either federal or Local Agency, fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, provided that any party terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. Exhibit C - Page 2 of 2 SAI6413 Exhibit D EXHIBIT D Certification for Federal-Aid Contracts The contractor certifies, by signing this contract, to the best of its knowledge and belief, that: 1. No Federal ""tUu".:ated funds have been paid or will be paid, by or on behalf or the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any 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. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Fonn-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agree by submitting his or her bid or proposal that he or she shall. require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. Required by 23 CFR 635.112 Exhibit D - Page I of I Exhibit E DISADVANTAGED BUSINESS ENTERPRISE (DBE) SECTION 1. Policv. 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 23. Consequently, the 49 CFR Part IE DBE requirements the Colorado Department of Transportation DBE Program (or a Local Agency DBE Program """.v/ed in advance by the State) apply to this agreement. SECTION 2. DBE OblilZation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all participants or contractors shall take all necessary and reasonable steps in accordance with the 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 ProlITam. The contractor (sub-recipient) shall be ."'."vusible 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 contractor upon request: Business Programs Office Colorado Department of Transportation 4201 East Arkansas Avenue, Room 287 Denver, Colorado 80222-3400 Phone: (303) 757-9234 revised 1/22/98 Required by 49 CFR Part 23.41 Exhibit E - Page I of I Exhibit F COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT FUNDING INCREASE{DECREASE AND APPROVAL LETTER Region: Complete section 1 and submit to COOT Controller's office. AUTHORITY: State Controller Policy letter on June 12, 1996 COOT Controlier letter on Mav 23. 1996 (1 )This form to be used for the foliowing contracts/situations only (check the appropriate situation): _indefinite quantity, order more{add more _utility{railroad, underestimated total cost _COOT construction, sum of CMO's _LA construction, underestimated cost COOT construction. underestimated total cost COOT consultant. underestimated cost SECTION 1 (Reaion use) Date: I To: COOT Controller (FAX #(303) 757-9573 or e-mail CONTROLLER) Proiect code Project # I From: Reaion # I Office: I Phone # FAX # COOT has executed a contract with: Address: COOT Vendor # Contract routing # SAP Purchase Order Number Fund Functional Area GL Account Number WBS Element or Functional Center I ~riginal contract amount Has a Budget Request been processed to cover the contract amount increase? yes no II Previous Funding Letter(s) total $ (Funding letter #1 thru #--1 Pre parer's name PHONE NO: This Funding Letter total $ (#---1 Contract Administrator's{Business Manager's Approval PHONE NO: Adjusted contract amount $ COOT Designee Approval Local Agency approval I SECTION 2 (Controller's Office use) Total allotment amount $ Commission budget $ If construction: _CE pool elig. CE charges $ Indirect chgs $ Adjusted contract amount plus total CE & indirect charges calculation S I, have reviewed the financial status of the project, organization, grant and have determined that sufficient funds are available to cover this increase. effective as of l State Controller or Delegee Date Exhibit F - Page I of I Exhibit G LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST The following checklist has been developed to ensure that all required aspects of a project approved for Federal funding have been addressed and a responsible party assigned for each task. After a project has been approved for Federal funding in the Statewide Transportation Improvement Program. the Colorado Department of Transportation (COOT) Project Manager, Local Agency project manager, and COOT Resident Engineer prepare the checklist. It becomes a part of the contractual agreement between the Local Agency and CDOT. The COOT Agreements Unit will not process a Local Agency agreement without this completed checklist. It will be reviewed at the Final Office Review meeting to ensure that all parties remain in agreement as to who is responsible for performing individual tasks. xvi Exhibit G COLORADO OEPARTMc:", vr ,RANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Project No. SRTS M361-005 STIP No. Project Code 16413 Region i i I. ST6751 6 Project Location SRTS Comoass Montessori School 10399 W. 44th Avenue - Wheat Ridae Project Description School Crossing Signal, Curb Ramps, Signing Local Agency Local Agency Project Manager I Date Wheat Ridge COOT Resident Engineer Ed Martinez Mark Westbura COOT Project Manager Tamara Hunter-Maurer 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 COOT 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 COOT nor the Local Agency is responsible for a task, not applicable (NA) shall be noted. In addition, a "IJ!' will denote that COOT must concur or approve. Tasks Ihat 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 COOT. The checklist shall be prepared by the COOT Resident Engineer or the COOT Project Manager, in cooperation with the Local Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibililies change, the COOT Resident Engineer. in cooperation with the local AQencv Proiect Manager. will prepare and distribute a revised checklist. NO. DESCRIPTION OF TASK RESPONSIBLE PARTY LA COOT TIP I STIP AND LONG.RANGE PLANS 2.1 I Review Proiect to ensure it is consist with STIP and amendments thereto FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4.1 I Authorize funding by phases (COOT Form 418 - Federal-ald Program Dala. Requires FHWA concurrencelinvolvementl PROJECT DEVELOPMENT 5.1 . Preoare Design Data - COOT Form 463 5.2 Prell!'re Local A.llen.!"llCDOT Inter-Governmental Agreement (see also Chaoter 3) 5.3 Conduct Consultant Selection/Execute Consultant Acreement 5.4 Conduct Desian Scoping Review Meetina 5.5 Conduct Public Involvement 5.6 Conduct Field Insoeclion Review (FIR) 5.7 Conduct Environmental Processes fmay reQuire FHWA concurrencelinvolvement) 5.8 A?luire Ril1ht-of-Way Imay reaulre FHWA concurrencellnvolvementl 5.9 Obtain Utilitv and Railroad Agreements 5.10 Conduct Final Office Review (FOR) 5.11 Justi-,,, Force Account Work bv the Local Ajlencv 5.12 Justif\l Proprietary. Sole Source. or Local Acen_cy Fumished Items 5.13 Oocument Oeslgn Exceolions - COOT Form 464 5.14 Preoare Plans. SDecifications and Construction Cost Estimates 5.15 Ensure Authv, ;~~v" of Funds for Construction X X X NA X X X X X X X X X X X X X CDOT Fonn 1243 09/06 Pagel of 4 Previous editions are obsolete and may not be used Exhibit G RESPONSIBLE PARTY LA CDOT NO. DESCRIPTION OF TASK I PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE 16.1 x Set Underutilized Disadvantaged Business Enterprise (UBDE) Goals for Consultant and Construction Contracts (COOT Realon EEO/Civil Ri(lhts SDecialisO Determine Applicability of Davis-Bacon Act This project 0 is 181 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.) x 6.2 Ed Martinez November 18_ 2007 CDOT Resident Enoineer ISionature on File) Date Set On-the-Job Training Goais. Goal is zero If total construction is less than $1 million (COOT R!'!Pion EEO/Civil Ri!:lhts Soecialistl Title VI Assurances Ensure the correct Federal Wage Oecision, all required Disadvantaged Business Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included in the Contract (COOT Resident Enaineerl I ADVERTISE, BID AND AWARD I 7.1 Obtain Approval for Advertisement Period of Less Than Three Weeks I 7.2 Advertise for Bids I 7.3 Distribute "Advertisement Ser of Plans and Soecifications I 7.4 Review Worksite and Plan Details with Prospective Bidders While Project Is Under Advertisement I 7.5 Ooen Bids 7.6 Process Bids for Comoliance Check CDOT Form 715 - Certificate of Proposed Underutilized DBE Participation when the low bidder meets UDBE goals Evaluate COOT Form 718 - Underutilized DBE Good Faith Effort Documentation and determine if the Contractor has made a good faith effort when the low bidder does not meet DBE qoals Submit reauired documentation for COOT award concurrence I 7.7 Concurrence from CDOTlo Award I 7.8 AJlProve Reiection of Low Bidder I 7.9 Award Contract I 7.10 Provide "Award" and "Record" Sets of Plans and Specifications , CONS :'RUCTION MANAGEMENT I 8.1 Issue Notice to Proceed to the Contractor I 8.2 Proiect Safety I 8.3 Conduct Conferences: Pre-Construction Conference (Aooendix 8\ Pre-survey . Construction staking . Monumentation Partneringl0plionalt Structural Concrete Pre.Pour (Aqenda Is in CDOT COnstruction Manual) Concrete Pavement Pre-Paving i~enda is in CDOT Construction Manual) HMA pre-pavinq (AIl.enda is in CDOT Construction Manuan Develop and distribute Public Notice of Planned Construction to media and local residents Supervise Construction A Professional Engineer (PE) registered in Colorado, who will be "in responsible charge of construction supeNision. It Mark WestburR Local Agency Professional Engineer or ,I CDOT Resident Enaineer x 16.3 16.4 x x x x x x x x x x x x x x x x x x x NA NA NA X 8.4 18.5 13031235-2863 Phone number x COOT Form 1243 09/08 Page2 of 4 Previous editions are obsolete and may not be used NO. I 18.6 18.7 18.8 18.9 8.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 8.18 Exhibit G DESCRIPTION OF TASK Provide competent, experienced staff who will ensure the Contract work is constructed in accordance with the plans and soecifications Construction insDection and documentation Aoorove Shop Drawings Perform Traffic Controllnsoections Perform Construction Survevina Monument Ripht-<lf-Way Prepare and Approve Interim and Final Contractor Pay Estimates Provide the name and phone number of the person authorized for this task. Russ Hlaains 303235.2871 Local Aaencv ReDresentative Phone number Preoare and Aoorove Interim and Final Utilitv and Railroad Billinos Preoare Local Agen!", Reimbursement Reouests Preoare and Authorize Chanoe Orders APorove All Change Orders Monitor Proiect Financial Status Preoare and Submit Monthlv P!'2!lress Reoorls Resolve Contractor Claims and Disputes Conduct Routine and Random Project Reviews Provide the name and phone number of the person responsible for this task. Ed MartinA? . COOT Resident Enaineer 3035124105 Phone number 19.1 9.2 MATERIALS 19.3 I 9.4 9.5 19.6 9.7 9.8 19.9 19.10 Conduct Materials Pre-.Construction Meetinn Complete COOT Fonn 250 - Materials Documentation Record . Generate form, which includes determining the minimum number of required tests and applicable material submittals for all materials placed on the project . Updale the form as work progresses . Complete and distribute form after work is comoleted Perform proiect Acceptance Samales and Tests Perform Laboratorv Verification Tests 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 bearino devices Aoprove Sources of Malerials Independent Assurance Testing (lAT). local Agency Procedures 0 COOT Procedures 0 . Generate IA T schedule . Schedule and provide notification . ConductlA T Approve mix designs . Concrete . Hot mix asphalt Check Final Malerials Documentation Comolele and Distribute Final Malerials Documentation RESPONSIBLE PARTY LA COOT x x x X X X X X X X X X X X X X X X X X X X NA NA NA X X X X X X X X CDOT Fonn 1243 09/06 Page3of4 Previous editions are obsolete and may not be used Exhibit G CONS-RUCTION CIVIL RIGHTS AND LABOR COMPLIANCE 10.1 110.2 10.3 10.4 10.5 10.6 10.7 FINALS 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 Fulfill Project Bulletin Board and Pre-Construction Packet Reauirements Process COOT Form 205 - Sublet Pennit Application Review end sign completed COOT Fonn 205 for each subcontractor, and submit to EEO/Civll Riahts Saecialist Conduct Equal Employment Opportunity and Labor Compliance Verification Employee Interviews. Complete COOT Fonn 280 Monilor Disadvantaged Business Enterprise Participation to Ensure Compliance with the "GommArciallv Useful Function" ReCluirements Conduci Iniervlews When Project Utilizes On-the-Job Trainees. Complete COOT Fonn 200 - OJT TraininFl Questionnaire Check Certified Pavrolls (Contact the Reaion EEO/Civil Riqhts SlJecialists for trainina reQuirements.) Submit FHWA Form 1391 - Hiohwav Construction Contracto(s Annual EEO Reoort Conduct Final Project Inspection. Complete and submit COOT Form 1212 - Final Acceptance Report (Resident Enpineer with mandatory Local Agency participation.) Write Final Project Acceotance Letter Advertise for Final Settlement Preosre and Distribute Final As--Constructed Plans Preoare EEO Certification Check Final Quantities, Plans, and Pay Estimate; Check Project Documentation; and submit Final Certifications Check Material Documentation and Accept Final Material Certification ISee Chaoter 9) Obtain COOT Fonn 17 from the Contractor and Submit to the Resident Engineer Obtain FHWA Form 47 - Statement of Materials and Labor Used... from the Contractor Complete and Submit COOT Fonn 1212 - Final Acceptance Report {bv coon Process Final Payment Complete and Submit COOT Fann 950 - Proiect Closure Retain Proiect Records for Six Years from Oate of Project Closure Retain Final Version of Local Aaencv Contract Administration Checklist cc: COOT Resident Engineer/Project Manager COOT Region Program Engineer COOT Region EEO/Civll Rights Specialist COOT Region Materials Engineer COOT Contracts and Market Analysis Branch Local Agency Project Manager x x x x x x x x X X X X X X X X X X X X X X CDOTFonnl243 09/0BPage4of4 Previous editions are obsolete and may not be used Exhibit H THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL-AID PROJECT AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded local agency project agreement administered by CDOT that involves professional consultant services. 23 CFR 172.1 states "'The policies and procedures involve federally funded contracts for engineering and desigu related services for projects subject to the ~.~.' :.:~.... of23 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 cosf' 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 fornmlated its procedures in Procedural Directive (P .D.) 400.1 and the related operations guidebook titled "Obtaining Professional Consultant Services". This directive and guidebook in._.~~.4;" req1k4mv_;" from both Federal and State regulations, i.e., 23 CFR 172 and Colorado Revised Statute (C.R.S.) 24-30-1401 et seq. Copies of the directive and the guidebook may be obtained upon request from CDOT's Agreements and Consultant Management Unit. [Lpcal 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 of23 CFR 172. The steps are: I. The contracting local agency shall document the need for obtaining professional services. 2. Prior to solicitation for consultant services, the contracting local agency shall develop a detailed scope of work and a list of evaluation factors and their relative importance. The evaluation factors are those identified in C.R.S. 24-30-1403. Also, a detailed cost estimate should be prepared for use during negotiations. 3. The contracting agency must advertise for contracts in confonnity with the requirements ofC.R.S. 24-30-1405. The public notice period, when such notice is required, is a minimum of 15 days prior to the selection of the three most qualified !inns and the advertising should be done in one or more daily ne" '~4~C_, of general circulation. 4. The request for consultant services should include the scope of work, the evaluation factors and their relative importance, the method of payment, and the goal often percent (10%) for Disadvantaged Business Enterprise (DBE) participation as a minimum for the project. 5. The analysis and selection of the consultants should be done in accordance with C.R.S. 24-30-1403. This section of the regulation identifies the criteria to be used in the evaluation ofCDOT pre-qualified prime consultants and their team It also shows which criteria are used to short-list and to make a final selection. The short-list is based on the following evaluation factors: a. Qualifications, b. Approach to the project, c. Ability to furnish professional services. d. Anticipated desigu concepts, and e. Alternative methods of approach for furnishing the professional services. Evaluation factors for final selection are the consultant1s: a. Abilities of their personnel, b. Past f'.......:....u......:u...ce, ExhibitH-Page 1 of2 Exhibit H c. Willingness to meet the time and budget requirement, d. Location, e. Current and projected work load, f. Volume of previously awarded contracts, and g. Involvement of minority consultants. 6. Once a consultant is selected, the local agency enters into negotiations with the consultant to obtain a fair and reasonable price for the anticipated work. Pre-negotiation audits are prepared for contracts ...~..:"'d to be greater than $50,000. Federal reimbl..........Cs for costs are limited to those costs allowable under the cost principles of 48 CFR 31. Fixed fees (profit) are determined with consideration given to size, complexity, duration, and degree of risk involved in the work. Profit is in the range of six (6) to fifteen (J 5) percent of the total direct and indirect costs. 7. A qualified local agency employee sball be responsible and in charge of the project to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of the contract. At the end of project, the local agency prepares a perfonnance evaluation (a CDOT form is available) on the consultant. 8. Each of the steps listed ahove is to be documented in accordance with the provisions of 49 CFR 18.42, which provide for records to be kept at least three (3) years from the date that the local agency submits its final expenditure report. Records of projects under litigation sball be kept at least three (3) years after the case has been settled. The C.R.S. 24-30-1401 through 24-30-1408, 23 CFRPart 172, andP.D. 400.1, provide additional details for complying with the eight (8) steps just discussed. Exhibit H - Page 2 of 2 FHWA Form 1273 Exhibit I FHWA.1273Electronlcverslon-March 10, 1994 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General..................................................................... 1 II. Nondiscrimination ..................................................... 1 III. Non.segregated Facilities......................................... 3 IV. Payment of Predetermined Minimum Wage............ 3 V. Statements and Payrolls........................................... 6 .VI. Record of Materials, Supplies, and Labor................ 6 VII. Subletting or Assigning the Contract.,...................... 7 VIII. Safety: Accident Prevention .................................... 7 IX. False Statements Concerning Highway Projects..... 7 X. Implementation of Clean Air Act and Federal Water Pollution Control Act....................................................... 8 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion......................................... 8 XII. Certification Regarding Use of Contract Funds for Lobbying ..................................................................................... g ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superin- tendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provi- sions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor- dance with the procedures of the U.S. Deparbnent of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this con- tract, the contractor shall not: a. discriminate against labor from any other State, posses- sion, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b employ convict labor for any purpose within the limits of the project unless it Is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 m;~.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obliga. tlons and in their review of hlslher activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employ- ment, without regard to their race, religion, sex, color, national origin. age or disability. Such action shall include: employment, upgrading, demotion, ortransfer; recruibnentor recruitment advertising; layoff or termination; rates of payor 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 SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program ofEEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant Exhibit I - Pagel of9 of. and will Implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contract- or'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 given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be Instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed In areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and Ute procedures to Implement such policy will be brought to the attention of employ- ees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contral> tor will Include In all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargain- ing agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement. the .....,'~, ""..~... will identify sources of potential minority group employees. and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agree- ment providing for exclusive hiring hall referrals, he is expected to obselVe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementations of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. I 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type. including hiring, upgrading, promotion, transfer, demotion, layoff, and termination. shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct perioclicinspectionsofproject. sites to Insure that working conditions and employee facilities do not indicate discriminatory treabnent of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of Exhibit I 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 prompUy 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 alleged discrimination made to the contractor in connection with his 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 his avenues of appeal. 6. Training and Promotion: a. The contractor will assist In locating, qualifying, and increasing the skllls of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, I.e.. apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training Is provided under this contract, this subpara. graph will be superseded as indicated In the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review Ute training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use hlslher best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, . and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions. joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to 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 practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor Exhibit 1 - Page 2 of 9 REQUIRED BY 23 CFR 633.102 with a reasonable flow of minority and women 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 andfor qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaIning agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contrador from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractorshall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of sub.........:.."'...:....J,lncluding procurement of materials and leases of equipment. a. The contractor shall notifyall potential subcontractors and suppliers of hislher EEO obligations under this contract b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Co"..""..:......:. shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcon- tractor compliance with their EEQ obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by autho~ rized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non-minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportuni~ ties for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contradors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. Ifon-the job training is being required by special provision. the contractor will be required to co!lect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all Exhibit I related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agree. ment or purchase order, as appropriate, the bidder, Federal..ald construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used In this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms. restaurants and other eating areas, t1meclock.s,lock.er rooms, and other storage or dressing areas, parking lots. drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal..aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways dasslfied as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers 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 (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 2760)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage detennination of the Secretary of Labor (hereinafter "the wage determinationn) which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL posler (WH-1321) or Fonn FHWA-1495) 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. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provi- sions of Section IV, paragraph 3b, hereof. Also, fortile purposeof this Section, regular contributions made or costs incurred formore 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 consbuctively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage Exhibit I - Page 3 of 9 REQUIRED BY 23 CFR 633.102 determination for the classification of work actually,......:............:. without regard to skill. except as provided in paragraphs 4 and 5 of this Section IV. b. 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. c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1. 3, and 5 are herein incorpo- rated by reference In this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract. which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classification requested is not performed by a classification In the wage determination; (2) the additional classification is utilized In the area by the construction industry; (3) the proposed wage rate, Including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained In the wage determination; and (4) with respect to helpers, when such a classification prevails In the area in which the work is performed. c. If the contractor or subcontractors, as appropriate. the laborers and mechanics (if known) to be employed in the addition- al classification or their representatives. and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL. Administrator of the Wage and Hour Division, Employment Stan. dards Administration. Washington, D.C. 20210. The Wage and Hour Administrator. or an authorized representative. will approve. modify. or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors. as appro- priate. the laborers or mechanics to be employed in the additional classification or their rep."''''.... .;...;,: .es, 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 recommenda- tion of the contracting officer. to the Wage and Hour Administrator for determination. Said Administrator, or an authorized represen- tative, 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 e. The wage rate (including fringe benefits where appropri. ate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers perfonning work in the additional classification from the first day on which work is perfonned in the classification. 3. Payment of Fringe Benefits: Exhibit I a. Whenever the minimum wage rate presCfibed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate. the contractor or subcontractors, as appropriate. shall either pay the benefit as stated in the wage detennination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated In providing bona fide fringe benefits under a plan or program, provided, that the Secre- taryof 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. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when theyare employed pursuant to and Individually registered in a bona fide apprenticeship program registered with the DOL. Employmentand Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in hislher first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program. but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for . probationary employment as an apprentice. (2) The allowable ratio of apprentices to joumeyman- level employees on the job site in any craft classification shall not be greater than the ratio pennitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who Is not regis- tered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determina. tion for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor Is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (ex- pressed in percentages of the joumeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the joumeyman.level hourly rate speclfied 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 determi- nation for the applicable classification. If the Administratorfor the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the . contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetennined rate for the Exhibit 1 - Page 4 of 9 REQUIRED BY 23 CFR 633.102 comparable work performed by regular employees until an accept- able program Is approved. b. Trainees: (1) Except as provided in 29CFR5.16, 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 DOL, Employment and Training Administration. (2) The ratio of trainees to joume;man.level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site In excess of the ratio permitted under the registered program shall be paid not tess than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman-level 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 ""t't',,,,,,,:':..e- ship program associated with the correspondingjoumeyman-Ievel wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage detennination or is approved pursuant to the confonnanee procedure set forth in Section IV.2. Anyworker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage detennlnatlon for the classification of work actually per- formed. 5. Apprentice. and Trainee. (Program. 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 require- ments 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 apprentic- es and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. WIthholdIng: The SHA shatl upon Its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this Exhibit I contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, em. played 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 SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employmentof laborers, mechanics, watchmen, orguards ~ncludlng apprentices, trainees, and helpers described In paragraphs 4 and 5 above) shall require or pennit any laborer, mechanic, watchman, or guard in any workweek in which he/she Is employed on such work, to work In excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and-one-half times hislher basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of anyviofation of the clause set forth In paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for hlslher unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such - territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, orguard employed In violation of the clause set forth in paragraph 7,In the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. WithholdIng for Unpaid Wage. and Liquidated Damage.: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work perfonned by the contractor or subcontractor under any such contractor any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be detennined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause setforth in paragraph 8 above. v. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, Which are exempt.) . 1. Compliance with Copeland RegulatIon. (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll :......_...;;...: Exhibit I - Page 5 of 9 REQUIRED BY 23 CFR 633.102 a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preselVed for a period of 3 years from the date of completion of the contract for all laborers, mechanics. apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commit- ment to provide such benefits is enforceable, that the plan or program Is financially responsible, that the plan or program has been communicated In writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, para- graphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Fonn WH-347 is available for this purpose and maybe purchased from the Superintendent of Documents (Federal stock number 029.005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submis- sion of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcon- tractor or hislher agent who pays or supelVises the paymentofthe persons employed under the contract and shall certify the follow- ing: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such Information is correct and complete: (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indIrectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3: (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certifica- Exhibit I tion set forth on the reverse side of Optional Form WH..J47 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C.1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records . required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall pennitsuch repre- sentatives to interview employees during working hours on the job. If the contractor or subcontractor falls to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal.ald contracts on the National Highway System, except those which provide solely for the Installation of protective devices at railroad grade crossings. those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and . supplies contained In Fonn FHWA-47. "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and Incorporated In the work, and also of the quantities of those specific materials and supplies listed on Form FHWA47. and in the units shown on Form FHWA-47. C. Furnish, upon the completion of the contract, to the SHA resident engineer on Fonn FHWA47 together with the data required in paragraph 1 b relative to materials and supplies, a final labor summary of all contract work Indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASStGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price. excluding anyspeclaJtvitems designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. Mlts own organizatlonM shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not Include employees or equipment of a subcontractor, assignee. or agent of the prime contractor. b. MSpecialty ItemsM shall be construed to be limited to Exhibit I - Page 6 of 9 REQUIRED BY 23 CFR 633.102 work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the o.verall contract. 2. The contract amOl,lnt upon which the requirements set forth In paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supelVisor who is employed by the finn, has full authority to direct performance of the work in accordance with the contract requirements, and Is In charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines Is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or othelWise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced In writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as It determines, or as the SHA contracttng officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to hlslher health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, In accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract pertonnance to inspect or investigate the matter of compliance with the construc- tion safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers. contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perfonn their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepre- sentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following Exhibit I . notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL.AlD HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever; befng an officer, agent, or employee of the United States, orof any state or Territory, or whoever, whether a person, association, fitm, or corporation, knowingly makes any false statement, false representation, orfalse reporl as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work petformed aria be petformed, orthe 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 reporl or false claim with respect to the character, quality, quantity, oreastof any work petfonned or to be performed, ormaterials furnished or to be fumlshed, In connection with the construction of any highway or related project approved by the Secretary of Transporlation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, cerlificate, or reporl submitted pursuant to provisions of the Federal-aid Roads Acf approved July 1, 1916, (39 Staf. 355), as amended and supplemented; Shall be fined not mota that $10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized In the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 ~ ~., as amended by Pub.L. 91..e04), and under the Federal Water Pollution Control Act, as amended (33 U.S.C.1251 m~., as amended byPub.l. 92-500), Executive Order 11738, and regulations in Imple.. ..:...:.....::_.. thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) Ust of Violating Facilities pursuant to 40 CFR 15.20. 2. That the flnn agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the finn shall prompUy notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA Ust of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcfng such Exhibit 1 - Page 7 of 9 REQUIRED BY 23 CFR 633.102 requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification .. Primary Covered Transactions: (Applicable 10 all Federal-aid contracls . 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification setout below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification setout below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to 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 department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immedi- ate written notice to the department or agency to whom this proposal Is submitted if any time the prospective primary partici- pant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," Wlneligible," "'ower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules Implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance In obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter Into any lowertfer covered transaction with a person who is debarred, suspended, declared Ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension,lnellgiblllty and Voluntary Exc1usion-LowerTierCovered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations tor lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to. check the non-procurement portion of the WLists of Parties Excluded From Federal Procurement or Non-procurement Programs" (Non- procurement List) which is compiled by the General Services Administration. Exhibit I I. 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 dause. The knowledge and infonnation of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of . these instructions, If a participant In a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. ..... Certification Regarding Debarment. Suspension, Ineligibility and Voluntary Exclusion-Primary Covered Transactions 1. The prospective primary participant certifies to the best of Its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them . for commission of frau<1 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; vlolatlon 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; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1b of this certification; and d. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ....* 2. Instructions for Certification .. Lower Tier Covered TransactIons: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later detennined 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 andlor debarment. Exhibit 1 - Page 8 of 9 REQUIRED BY 23 CFR 633.102 c. The prospective lower tier participant shall provide Immediate written 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," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of Ihose regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into. it shall not knowingly enter into any lower tier covered transaction with a person who Is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or volun- tarily excluded from the covered transaction. unless it knows Olat the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List. 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. I. 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 Govemment, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions: 1. The prospective lowertierparticipantcertilies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended. proposed for debarment. declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospec- tive participant shall attach an explanation to this proposal. Exhibit I XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS OR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submit- ting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid orwill 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 employ- ee 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, continua- tion. renewal, amendment, or modification of any Federal contract, grant, loan. or cooperative agreement. b. if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempt. ing 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 which reliance was placed when this transaction was made or entered Into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who faits 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. 3. 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 recipients shall certify and disclose accordingly. Exhibit I - Page 9 of 9 REQUIRED BY 23 CFR 633.102 Exhibit J FEDERAL REOUlREMENTS Federal laws and regulations that may be applicable to the Work include: A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Cvuuuvu Rule), at 49 Code of Federal Regulations, Part 18, exceptto the extent that other applicable federal requirements (including the provisions of 23 CFR Parts 172 or 633 or 635) are more specific than provisions of Part 18 and therefore supersede such Part 18 provisions. The requirements of 49 CFR 18 include, without limitation: 1. the Local Agency/Contractor shall follow applicable procurement procedures, as required by section 18.36(d); 2. the Local Agency/Contractor shall request and obtain prior CDOT approval of changes to any subcontracts in the manner, and to the extent required by, applicable provisions of section 18.30; 3. the Local Agency/Contractor shall comply with section 18.37 concerning any sub-grants; 4. to expedite any CDOT approval, the Local Agency/Contractor's attorney, or other authorized representative, shall also submit a letter to CDOT certifying Local Agency/Contractor compliance with section 18.30 change order procedures, and with 18.36(d) procurement procedures, and with 18.37 sub-grant procedures, as applicable; 5. the Local Agency/Contractor shall incorporate the specific contract provisions described in 18.36(i) (which are also deemed incorporated herein) into any subcontract(s) for such services as terms and conditions ofthose subcontracts. B. Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR Chapter 60) (All construction contracts awarded in excess of $10,000 by 5'~'~"". and their contractors or sub-grantees). C. The Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Departrnent of Labor regulations (29 CFR Part 3) (All contracts and sub-grants for construction or repair). D. The Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by D"t'~<..uent of Labor regulations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by grantees and sub-grantees when required by Federal grant program legislation. This act requires that all laborers and mechanics employed by contractors or sub-contractors to work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor). E. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by D"t'~ ""ent of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and sub-5'uu~""s in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers). F. Standards, orders, or requirements issued under section 306 of the Clear All 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-grants of amounts in excess of$100,000). G. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (pub. L. 94-163). H. Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-II0, whichever is applicable. 1. The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that federal Exhibit J - Page I of 3 Exhibit J funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally-assisted programs. J. 42 USC 6101 et seo. 42 USC 2000d, 29 USC 794, and implementing regulation, 45 C.F.R. Part 80 et. seo.. These acts require that no person shall, on the grounds of race, color, national origin, age, or handicap, be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or part, by federal funds; K. The Americans with Disabilities Act (public Law 101-336; 42 USC 12101, 12102, 12111-12117, 12131- 12134,12141-12150,12161-12165, 12181-12189, 12201-12213 47 USC 225 and 47 USC 611. L. The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (public 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 this contract.) M. The Drug-Free Workplace Act (public Law 100-690 Title V, subtitle D, 41 USC 701 et seo.). N. The Age Discrimination Act of 1975,42 U.S.C. Sections 6101 et. seo. and its implementing regulation, 45 C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.c. 794, as amended, and implementing regulation 45 C.F.R. Part 84. O. 23 C.F .R. Part 172, conceming "Administration of Engineering and Design Related Contracts". P. 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal-Aid Construction Contracts". Q. 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions". R. Title VI ofthe 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. S. 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: 1. Comoliance with Rel!Ulations. The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (fitle 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination., The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or national origin in the 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. Exhibit J - Page 2 of 3 Exhibit J 3. Solicitations for SubconlT"c'ts, Includinq Procurement of Materials and Eouioment. In aU solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or physical handicap or national origin. 4. Information and Rp.nnrts The Contractor wiU provide aU information and reports required by the Regulations, or orders and instructions issued pursuant thereto and wiU permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State or the FHW A to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHW A as al'l"~l',;ate and shall set forth what efforts have been made to obtain the information. 5. Sanctions for Noncomnliance. In the event of the Contractor's' noncompliance with the nondiscrimination provisions of this contract, the State shaU impose such contract sanctions as it or the FHW A may determine to be al'l"Vl',;ate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or; b. CanceUation, termination or suspension of the contract, in whole or in part. 6. Incorooration of Provisions. The Contractor wiU include the provisions of paragraphs A through F in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Contractor wiU take such action with respect to any subcontract or procurement as the State or the FHW A may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interest of the State and in addition, the Contractor may request the FHW A to enter into such litigation to protect the interests of the United States. Exhibit J - Page 3 of 3 ". ~'y City of pWheatR.l..dge ITEM NO: LD, REQUEST FOR CITY COUNCIL ACTION ~~ COUNCIL MEETING DATE: July 14, 2008 tITLE: AUTHORIZE THE USE OF XCEL FUNDING TO BURY XCEL ELECTRIC POWER LINES ON KIPLING STREET ADJACENT TO THE PROPOSED PARK AT 38TH A VENUE AND KIPLING STREET o PUBLIC HEARING I:8J BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR I ST READING (mm/dd/yyyy) o ORDINANCES FOR 2ND READING (mm/dd/yyyy) Quasi-judicial: o YES I:8J NO W~Pub~ EXECUTIVE SUMMARY: +e.... ~ov<'q. City M~~ <S Xcel Energy collects a I % surcharge on all electric utility charges within the City to be used to fund re-location of aerial power lines to underground facilities. The electric lines along Kipling Street adjacent to the proposed 38th Avenue and Kipling Street Park qualify for undergrounding using the I % monies. Staff estimates the cost of burying these conductors at approximately $400,000. Completion of this relocation is estimated to be completed in twelve (12) to eighteen (18) months after the request is submitted to Xcel Energy. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Xcel Energy will underground specific electric power lines in Wheat Ridge according to the City Council's priority. The estimated cost of burying the power lines along Kipling Street adjacent to the proposed park is approximately $400,000. A firm estimate will be prepared by Xcel Energy after a request is made for the work. The Xcel Energy 1 % undergrounding account has a balance of $92,793 at this time. Approximately $270,000 is collected each year to fund undergrounding projects. Xcel Energy allows the City to borrow up to three (3) years' estimated collections for current projects. The Kipling Street project can be funded with the current account balance and borrowing against anticipated contributions in 2008 and 2009. ALTERNATIVES CONSIDERED: Do not pursue burying the power lines on Kipling Street. FINANCIAL IMPACT: Xcel Energy 1 % undergrounding funds would be utilized for the Kipling Park project. RECOMMENDED MOTION: "1 move to authorize the use ofXcel funding to bury Xcel electric power lines on Kipling Street adjacent to the proposed park at 38th Avenue and Kipling Street." Or, "1 move to not authorize the use ofXcel funding to bury Xcel electric power lines on Kipling Street adjacent to the proposed park at 3 8th Avenue and Kipling Street for the following reason( s): " Report Prepared by: Tim Paranto, Director of Public Works Report Reviewed by: Patrick Goff, Deputy City Manager ATTACHMENTS: N/A .,. ~ J .( - _ y City of ?Wheat~dge ITEM NO: LEI REQUEST FOR CITY COUNCIL ACTION d~ Fil:;~l ~~ COUNCIL MEETING DATE: July 14, 2008 TITLE: APPROVAL OF A WARD ITB-08-24 UV INSTALLATION AT THE RECREATION CENTER POOLS IN TtlE TOTAL AMOUNT OF $49,970.00 TO CEM SALES AND SERVICE, ENGLEWOOD, CO D PUBLIC HEARING ISJ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING (mm/dd/yyyy) D ORDINANCES FOR 2ND READING (mm/dd/yyyy) Quasi-judicial: DYES ISJ NO , ~.dL 1h~~ / par'f; wj.d Recreation Director Y . city~1 EXECUTIVE SUMMARY: The current disinfection system that is used in the leisure and lap pools at the Wheat Ridge Recreation Center was installed when the Recreation Center was built in 2000. The system is a chlorine based system and requires constant monitoring, in-depth training and a high level of knowledge to operate effectively to maintain balanced chemicals in the water. The state of the art disinfection systems are ultra violet systems that do not use the same type or quantities of chemicals. On June 10,2008 one (1) bid was received. CEM Sales and Service, Englewood, CO submitted a bid in the total base bid amount of $141,120.00, which was over budget. They met all the initial bid requirements. One other firm attended the pre-bid conference. They did not submit a bid due to other bids that were due at the same time. The original bid included the cost of re-plastering the indoor leisure pool and the installation of a UV system for the leisure pool. Because the bid was over budget, the UV system install was identified as the highest priority to complete. The re-plaster project will be included in 2009 budget. CEM's bid on the UV installation only is $49,970.00 and the work can be completed during the recreation center close down period in August 2008. The consultant's cost estimate for the UV install is $50,000. CEM has performed work for the city in the past. Staff recommends award to CEM Sales and Service for the UV installation only in the total amount of $49,970.00 with a contingency in the amount of $5,030.00. Total not to exceed amount of the project is $55,000. COMMISSION/BOARD RECOMMENDATION: NA STATEMENT OF THE ISSUES: The current system will be replaced with an Ultra Violet (UV) Disinfection System. The UV system will provide a safer environment for participants and staff as the system will destroy some organisms that chlorine does not. The UV system will create a better breathing environment, as the amount and type of chemicals released into the air will be reduced. Chemical reactions that individuals have with the current system will not occur with the UV system. No new chemicals will be required to operate the system and current chemical costs will be reduced with the installation of the UV system. The UV system is easy to operate and program, and requires less maintenance than the current disinfection system. ALTERNATIVES CONSIDERED: Do not install UV Disinfection System. FINANCIAL IMPACT: The funds for this project are budgeted in the 2008 Wheat Ridge Recreation Center Fund Budget, Account #64-602-800-809, Other,Major Equipment. The approved budgeted amount for the UV installation and contingency is $5i5,OOb~- . , , RECOMMENDED MOTION: "1 move to award ITB 08-24 - UV Installation at the Recreation Center pools to CEM Sales and Service, Englewood, CO in the total amount of$49,970.00 and approve the contingency of $5,030.00 for a total not to exceed project amount of$55,000." Or, "1 move to deny the approval of award ITB 08-24 - UV Installation at the Recreation Center pools to CEM Sales and Service, Englewood, CO for the following reason(s): " Report Initiated by: Julie Brisson, Recreation Manager Report Prepared by: Joyce Manwaring, Director of Parks and Recreation Report Reviewed by: Linda Trimble, Purchasing Agent ATTACHMENTS: 1. Bid Tabulation Sheet 2. CEM bid for UV installation CITY OF VltnEAT RIDGE BID TABULATION PROJECT: LEISURE POOL REFINISH & UV INSTALLATION BID/PROPOSAL NO. ITS-08-24 BID DUE DATErrlME 06/10/08 by 2:00 pm REQUESTING DEPT.lOIVISION REC CENTER OPENED BY Linda Trimble, Purchasing Agent WITNESSED BY Crystal Brummett, Purchasing Asst PAGE-L- OF _1_ VENDOR CEM SALES LOCATION ENGLEWOOD, CO DESCRIPTION -GOODS I SERVICES SIGNATURE PAGE YES LIST OF SUBCONTRACTORS YES NON-COLLUSION AFFIDAVIT YES CONTRACTOR QUALIFICATION YES IllEGAL ALIEN FORM YES BID BONO / SECURITY YES BASE BID $141,120.00 lEAVE EXISTING FINISH $202,979.00 REMOVE All EXISTING FINISH $217,983.00 ACKNOWLEDGE ADDENDUM 1,2 YES J:ICouncil Action FormslOB0714 ITB-OB-24 Bid Tab Sheet Leisure Pool Refinish.doc A I I ACHMENT 1 8 CEM Sales &- Service June 25, 2008 Julie Brisson Oty of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 Dear Julie, CEM Sales & Service is pleased to provide the following pricing for your consideration. . Provide & Install UV (Leisure Pool) $49,970.00 Pricing includes installation of UV chamber in leisure pool filtration plumbing and installation of UV control cabinet in mechanical room as detailed on drawings. Pricing includes all necessary parts, labor, electrical, start-up, and training. Pricing is valid for 30 days and does not include any applicable tax. I appreciate the opportunity to provide you pricing. Please feel free to contact me with any questions. ~. e1Y' li ob ~on President 2771 West Oxford Avenue, Suite #2 Englewood, Co 80110 Phone: (303) 762-9470 Fax: (303) 761-1499 AI IACHMENT 2 ",\..i." _ _ Y City of pWheatRl...dge ITEM NO: ~n REQUEST FOR CITY COUNCIL ACTION ~~ 1"'h\l')\~""'~"~':"1 n COUNCIL MEETING DATE: July 14, 2008 TITLE: CANCELLATION OF JULY 21, 2008 CITY COUNCIL STUDY SESSION D PUBLIC HEARING ISJ BIDS/MOTI0NS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: D ORDINANCES FOR 2ND READING ) Quasi-Judicial: D Yes ISJ No IJ~A Deputy City Manager City~~ r-,\ EXECUTIVE SUMMARY: The City Council meeting scheduled for Monday, July 21, 2008 is a regularly scheduled study session. Staff recommends that City Council cancel this meeting as there are no significant agenda items at this time to bring forth to the Mayor and City Council. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES:. N/A ALTERNATIVES CONSIDERED:. None FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "1 move that the Monday, July 21, 2008 City Council study session be cancelled." or "1 move to deny approval that the Monday, July 21, 2008 City Council Study Session be cancelled, due to the following reasons: " Report Prepared by: Patrick Goff, Deputy City Manager ATTACHMENTS: None '\ , , ~). .i, ~ -,Y City of . pWheat~dge 'orLD lfo3 ITEM NO: 21 REQUEST FOR CITY COUNCIL ACTION ~1iiff1'9.a,~ "'W''l!l''''.',,~,...~...... ":;;"'ci' ,s:;l::2.:,'> ,G ",":' Jill UII ~; ~ '-- COUNCIL MEETING DATE: July 14,2008 TITLE: COUNCIL BILL 02-200f! - AN ORDINANCE AMENDING CODE OF LAWS SECTION 26-711, CONCERNING BILLBOARDS IN THE B- 2 BILLBOARD DISTRICT AND REPEALING SECTION 26-711.B (Public hearing continued from 2/25/2008, 4/14/2008, and 6/9/2008) ISJ PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING (02/25/2008) ISJ ORDINANCES FOR 2ND READING (06/09/2008) Quasi-judicial: . DYES ISJ NO :J ity eve~t Ci~~' [ irector 0 Co EXECUTIVE SUMMARY: The current section of the Zoning Code that regulates billboards is not specific in regards to implementation and permitting processes. The lack of specificity has resulted in a need to develop administrative procedures to deal with instances of billboard vacancies and the procedures for filling those vacancies. The administrative procedures used in the past have been called into legal question in some instances. Upon City Council's direction, the Community Development Department has drafted more specific and defined procedures and regulations, with the intent of alleviating some of the procedural uncertainties. The Zoning Code currently allows a maximum of 16 billboards in the B-2 billboard district. City Staff held a public stakeholders meeting in December to gain input, and has conducted working sessions with industry professionals. The proposed ordinance would increase the number of allowed billboards within the B-2 district from 16 to 18. The ordinance also creates an equitable system to determine who is entitled to erect a billboard in the event of a vacancy. COMMISSION/BOARD RECOMMENDATION: The Planning Commission reviewed the ordinance on January 17, 2008 and recommended approval with the following staff recommended conditions: 1. Add B.1.e which states: "Failure to notify the Department of intent to temporarily remove a billboard structure". 2. Remove all references to the lO-day window and replace with 'application period'. 3. Change the 30-120 day lottery window to a 60-90 day lottery window. 4. Add the following language to F: "With respect to any single location within the B-2 billboard district, only one application will be entered into the drawing. In the event multiple applications for a single location are submitted, none will be entered into the drawing unless all but one are withdrawn." Additionally, Planning Commission recommended the following conditions of approval: 1. Increase the maximum allowed height of billboards from 32 feet to 45 feet. 2. Decrease the billboard spacing requirement from 600 feet to 500 feet. The first four recommendations were included in the 1st reading ordinance as passed by City Council and published. The fifth and sixth recommendations are not included in the ordinance as currently drafted, and should be discussion items at the City Council public hearing. There were a few attendees at the Planning Commission meeting who spoke in reference to the proposed ordinance. While some offered suggestions to the language or development standards proposed, all offered support of the ordinance. STATEMENT OF THE ISSUES: The first several paragraphs in this section of the report are repeated from the previous Council Action Form that was part of the February 24th public hearing. This section concludes with a staff summary and response to some of the issues that were raised at the previous public hearing and in subsequent correspondence from the billboard industry representatives. Throughout the billboard permitting and billboard ordinance code rewrite processes, there has perhaps been one primary underlying policy question under discussion: Who 'owns' the permit or entitlement? In staff's research, surrounding communities handle permit ownership differently; some attach the ownership to the property owner, others to the permit holder. This issue is somewhat unique in respect to billboards, as the City has chosen to establish a maximum number of allowed billboards, making the ability to erect a billboard a valuable entitlement. The proposed ordinance was crafted with the assumption that the permit would belong to the property owner as is typical for most land use entitlements. When the property owner chooses to relinquish the billboard permit, thereby relinquishing the right to have a billboard, the permit and billboard right would expire. The billboard company who may own the actual billboard structure is able to secure any additional "ownership rights" through the leasehold contractual relationship they have with the property owner. As is typically the case in property issues, the City is not party to nor necessarily aware of the details of those private contractual relationships. As drafted, the advertising company who erects the billboard would not be able to transfer the billboard right to another willing property owner. The intent was that the lottery system would create a fair and equitable environment for all property owners in the B-2 district to have a chance at securing a billboard permit as vacancies become available. During the first reading of the ordinance, City Council adopted certain language amendments, including a section "K", which read: Assignment of billboard permit. A current and valid billboard permit shall be freely assignable to a successor, as owner of the property where the billboard is located or of the leasehold of the billboard, subject to filing such application as the Community Development Director may require and paying applicable fees. The assignment shall be accomplished by filing and shall not require approval. Other first reading language amendments related to additional notification requirements to billboard advertising companies that are party to a permit. Community Development staff reviewed the 1 st reading ordinance with the City Attorney's office and we also received comments from some sign industry representatives who have been involved in the code rewrite process. Based on those discussions and clarification on the policy intent with Councilmember Berry, Staff has proposed 2nd reading amendments that relate primarily to changes to Section K. Staff is proposing that Section K be removed and replaced with a new section K that establishes requirements that all existing billboards be "registered". This will allow staff the ability to more easily notify property owners and billboard structure owners in the event of vacancies, abandonments, etc. Staff is also proposing that the definition of "property" be clarified and that two references to "location" be changed to "property" as defined in the ordinance. Staffs proposed 2nd reading amendments are included in a second version of the proposed ordinance, attached to this Council Action Form, with the proposed changes highlighted. In regards to the transferability of billboard property rights, staff believes that as a matter of general land use law in the City a valid billboard permit or registration is transferable from the existing property owner to a future property owner. It is Staff s belief that property rights, such as valid billboard permits, are automatically transferred upon sale of property and do not need to be assigned to a successor or future property owner. It should also be noted that the primary reason for including the "temporary removal" provisions in the proposed ordinance is to allow a property owner the ability to negotiate a new lease with a new billboard company if they so choose without losing their existing billboard entitlement. So long as the new billboard structure could be installed in compliance with the current zoning and building code requirements and any previously issued billboard permits, that change would be allowable without the City's approval of a new billboard permit through the lottery process. Building permits would be required. To the extent that staff has not captured City Council's intent in addressing the ownership of the billboard property rights, staff would request further discussion and direction at the public hearing. Anril14 Staffundates follows: Heillht. Some members of the industry have requested an increase in the maximum billboard height from 32 to 45 feet. Staff believes that as the height of a billboard increases, the impact on adjacent property owners also increases. We believe it is appropriate to limit billboards to 32 feet and allow future billboard applicants the ability to request variances to that height requirement through the administrative or Board of Adjustment processes. The criteria for reviewing a variance would allow those future applicants to make the types of arguments for a height increase that are being argued in some of the correspondence from the billboard industry. Senaration. The Planning Commission recommended and staff concurs that making the spacing or separation requirement consistent with CDOT requirements is logical, and requires a decrease in the minimum spacing from 600 to 500 feet. This recommendation is reflected in the additional staff conditions included at the conclusion ofthis report. Setbacks. Staff understands that the setback requirement proposed may make it difficult for some property owners to identify a permissible location for a billboard on their property. We also believe that the height of a billboard bears a direct relationship on the amount of impact the billboard structure has on adjacent properties and we support the existing setback recommendations. However, we do acknowledge that the intent of the temporary removal section of the proposed ordinance is to allow a replacement in like kind and location. To that end, we would recommend that an existing billboard that is non-conforming as to setbacks could be re-installed in the same location, subject to all of other requirements of this ordinance and applicable building codes and provided the level of non-conformity is not increased. This recommendation is reflected in the additional staff conditions included at the conclusion of this report. Lillhtin~. There have been several issues that have come up in relation to different types of lighting technology that might be used to allow for the latest in technology, while preserving the City's desire to limit light spill and light pollution. Three specific technologies and/or installation approaches are worthy of additional discussion. o Downcast vs. Uncast Lillhtinll. The Planning Commission recommended requiring that only downcast lighting be used to illuminate Billboards, which is reflected in the versions of the ordinance before City Council. The intent of that requirement was to address the concern with overly illuminating the night skies. While the intent is appreciated, the sign industry would like the ability to use exterior up-lighting, which they believe can be installed in a less visually obtrusive manner than the down lighting, which must extend several feet out from the billboard structure in order to provide adequate illumination to the billboard. Staff can appreciate this concern and could support allowing up-lighting as an acceptable method of illumination in the ordinance, provided that the up-lighting be fully contained by the sign face and not spill off the edges of the sign face. If Council agrees that up-lighting would be al'1'Wp,:ate, staff has provided an additional condition at the conclusion of this report, which could be included in your motion. o Internal Illumination or "Backlillhtinll". At the February 25 public hearing a comment was made that internal illumination or backlighting of signs should also be allowed. This type of technology, while not typical for existing billboards in Wheat Ridge would be similar to the type of lighting used on most ground mounted monument signs that are typical along commercial corridors. While not currently a common approach to illuminating billboards in Wheat Ridge, staff does not believe it to be inappropriate, provided the level of illumination would not be excessive to the point of becoming a lighting nuisance. Staff has included a condition at the end of this report, which could be adopted in City Council's motion of Council desires to allow this type of illumination. o LED Lil!htim>:. In previous discussions and correspondence, in particular testimony from Lamar Advertising, an interest in using digital light emitting diode (LED) technology has been expressed. The interest to use this lighting technology has been expressed primarily as a technical means of achieving changeable advertising copy through the technology referred to as Commercial Electronically Variable Message Signs (CEVMS), which are specifically prohibited in current drafts of the ordinance. While staff does not support the variable message signs at this time (see comments in next section), we do not object to the lighting technology itself, which can result in high quality images with illumination levels that adjust to variable ambient lighting conditions. If Council wishes to allow the LED digital lighting technology, staff has included at the end of this report a recommended condition that could be added to a City Council motion, which would allow digital LED lighting. Chanl!eable Coov. The City allows changeable copy on non billboard signs in the community, provided the copy does not change more frequently than every 15 seconds. However, changeable copy on billboards, which are oriented toward a highway driver operating at significantly higher speeds, raises the potential for additional traffic safety concerns. At the previous public hearing some members of the billboard industry requested that this issue be reconsidered. City staff has reviewed two traffic analyses provided by the sign industry and we have also obtained a Maryland State Highway Commission Traffic Study that reviews and is critical of the findings of the studies that have been commission by the sign industry. Based on the information available, staff does not believe the potential for traffic safety concerns has been sufficiently alleviated for us to be able to support changeable copy on billboard signs. As a side note, we are aware that the Federal Highway Administration is considering commissioning a study on this issue, the results of which might establish a federal standard. Corresoondence from Daniel M. Scherer. The basic issue Mr. Scherer raises in his letter is the notion that the ordinance is currently structured to give the property owner greater rights of ownership of the billboard entitlement than the billboard structure owner. He is correct. This was discussed in the Council Action Form for the 2/25/08 public hearing and repeated in a previous paragraph of this report. He is also correct in his review of the intent of the temporary removal provisions, which allow a property owner time to negotiate with and have a new billboard company install a new billboard under an existing billboard entitlement. His requested solution would allow a billboard structure owner the right to notify the City of an intent to abandon an existing billboard, thereby taking the billboard right away from the property owner and triggering a Billboard Vacancy and a subsequent open permit application process. Staff believes it is important to point out that this could then have an equal effect of taking the majority of a property owner's rights away, as a billboard structure owner would have significantly less incentive to negotiate in good faith with an existing billboard property owner if they had the leverage to declare the site abandoned and create a vacancy that they could apply to fill on another property. Staff does not disagree with the technical approach that Mr. Scherer has proposed to achieve their stated intent, but wanted to call attention to the policy implications of making that change, for City Council to consider. Julv 14 Staffundates follows: At the April 14 City Council meeting, the public hearing was continued without discussion. In the intervening time, City Council also gave staff direction to develop a request for proposals (RFP) for consulting services to conduct a Billboard Impact Fee Study, in an amount not to exceed $10,000 for City Council to consider at the June 16 Study Session. At the June 9 continued public hearing, City Council continued the public hearing to a date not more than 30 days from one of two trigger points: 1) City Council's adoption a Billboard Impact Fee Study or 2) within 30 days of City Council deciding not to pursue a billboard impact fee study. At the June 16 study session, City Council passed a consensus motion NOT to move forward with a Billboard Impact Fee Study and associated ordinance. Based on scheduling and notice requirements, the July 14 City Council meeting was the first regular business meeting to schedule this public hearing. Public notice for this meeting has been re-established through publication. Since publishing for the initial February 25 public hearing, the following correspondences have been submitted regarding the ordinance: 1. A 5/20/08 correspondence from Mr. Robert J. Vermillion, a property owner in the B-2 zoning district. 2. An 4/28/09 correspondence from Mr. Mark W. Giordano, with United Advertising. 3. An undated letter received 4/2/08 from Mr. Daniel M. Scherer with CBS Outdoor. 4. A 2/27/08 correspondence from Chip Roehrig with Lamar Advertising. 5. A 2/20/08 correspondence from Richard P. Holme, representing CBS, Lamar and Mile High Outdoor. ALTERNATIVES CONSIDERED: None. FINANCIAL IMPACT: The proposed ordinance lays the groundwork for an administrative fee system for billboards. All new billboards would be subject to an application fee and inspection fee. An annual registration fee could also be established if City Council recommends. RECOMMENDED MOTION: OPTION 'A' If Council desires to approve the Ordinance as published on 1 st reading: "1 move to adopt Council Bill 02-2008. case number ZOA-07-01, an ordinance amending Section 26-711 ofthe Wheat Ridge Code of Laws, on second reading to take effect 15 days after final publication." I' I i or OPTION 'B' If Council desires to include staff recommended changes on 2nd reading: "1 move to amend Council Bill No. 02-2008, case number ZOA-07-01, an ordinance amending Section 26-711 of the Wheat Ridge Code of Laws, on second reading to take effect 15 days after final publication, with the following second reading amendments: I. Delete Section K, to be replaced with a new Section K reading as follows: "Registration of Billboards. All billboards which are in existence as of April 1 , 2008 shall be required to register with the Community Development Department. The registration shall be used solely for contact with either the property owner or structure owner. For billboards in existence as of April 1, 2008, failure to register said billboard by June 30, 2008 will render the billboard abandoned, and the procedures in subsection D shall be followed. The City shall supply the registration form"; 2. Add a definition for "property", reading: "Property. For the purpose of this section a lot of record which is identified by a singular and unique Assessor's Parcel Number (APN)"; 3. Change all rd","uces in the ordinance to the word "location" to the word "property"; and 4. Add a section B.I.e to the ordinance, reading: "failure to register an existing billboard by June 30, 2008." The following additional recommended second reading amendments are based on the staff recommendations in the updated information provided for this meeting. These would be additional conditions. 5. Increase the maximum allowed height of billboards from 32 to 45 feet. 6. Decrease the billboard spacing requirement from 600 to 500 feet. 7. Section 711-A.12 of the proposed ordinance shall be amended to allow exterior up-lighting of a billboard, provided no light spills off of the sign face. 8. Section 711-A.12 of the proposed ordinance shall be amended to allow interior illumination of signs (backlighting). 9. Section 711.A.12 ofthe proposed ordinance shall be amended to allow digital LED lighting provided it is not used to achieve animation or any type of changeable copy. Copy shall be allowed to change up to once daily. OPTION 'c' If City Council wishes to adopt some or all of the conditions listed in Option 'B', but determines a need to review a new version of the ordinance reflecting said conditions: "1 move to direct staff to amend Council Bill No. 02-2008, case number ZOA07-01, an ordinance amending Section 26-711 of the Wheat Ridge Code of Laws, to reflect conditions ,as written in the Council Action Form and to bring back the ordinance for final action at the City Council meeting." Report Prepared by: Ken Johnstone, Director, Community Development Report Reviewed by: Patrick Goff, Deputy City Manager ATTACHMENTS: 1. Council Bill 02-2008 (as passed on 1st reading and published) 2. Council Bill 02-2008 (with staff recommended 2nd reading amendments as previously presented at the February 25 and April 14 City Council meetings) 3. The five correspondence noted in the text of the Council Action Form I s~ READING ORDINANCE - AS PUBLISHED ~ _ H____Hnn_n_______nn _________________~-------t~~'!'~~:f:i_j_ghlj9ht ',-':~~--i Formatted: Superscript, Highlight "'f-Formatted: f-llghli-ght CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COlmcil Bill No. 02-2008 Ordinance No. Series of2008 TITLE: AN ORDINANCE AMENDING CODE OF LAWS SECTION 26-711, CONCERNING BILLBOARDS IN THE B-2 BILLBOARD DISTRICT AND REPEALING SECTION 26- 711.B WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority pursuant to Article XX, Section 6 of the Colorado Constitution and, infer alia, C.R.S. 31-23-101 ~~. and 29-20-101 ~ ~. to regulate the use of land and structures thereon; and WHEREAS, pursuant to this authority, the City Council has previously enacted Section 26-711 of the Code of Laws, concerning billboard signs in the B-2 District; and WHEREAS, said Section 26-711.C currently permits a maximum of sixteen (16) billboards in the B-2 District and the City Council finds that an increase to the maximum allowed numher of hill hoards would not he detrimental: and WHEREAS, at the time of adoption of this Ordinance, the maximum sixteen billboards are in place in the B-2 District; and WHEREAS, the billboard limitation has been difficult to administer in practice, owing to the difficulty in determining when individual billboard leases cease or are terminated; and WHEREAS, the City Council has determined that in order to eliminate these administrative difficulties, Section 26-711 should be amended to provide regulations which clarify when a new billboard is permitted in the B-2 District; and WHEREAS, the City Council has determined that animated billboards distract motorists and can cause a significant traffic hazard; and WHEREAS, the City Council has determined that an amended fee schedule is necessary to offset City Staff review and preparatory time in processing applications for billboard permits, and that the collected fees could be used to combat the blight created by large advertising structures; and WHEREAS the City Council finds that Code Section 26-71I.B, concerning billboards in the B-1 District is no longer necessary as all billboards in the B-1 District were removed prior to January I, 1996. I A I I ACHMENT 1 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-702 of the Wheat Ridge Code of Laws is amended to include the following defmitions: Billboard removal. When a billboard is not capable of displaying advertising. A billboard is considered removed when the supporting pole or structure is not present. Commercial electronic variable message signs (CEVMS). An advertising device which changes its advertising message by electronic or digital process or by remote control, or which uses rotating slats, moving or reflective disks, light emitting diodes (LEDS), glow cubes, or other means of changeable illumination. A sign which utilizes a message which must be incrementally updated to reflect a change in status, such as an updating monetary total on a lottery billboard, shall not be considered a commercial electronic variable message sign. Changeable copy messages which update the entire message on a pre- determined timeframe shall constitute a CEVMS. Temporary billboard removal. When either the advertising copy area or support pole or structure of a billboard, or both, are removed from a property for a period not to exceed 180 calendar days. If the temporary removal is for a period which exceeds 180 calendar days, the billboard structure shall be deemed abandoned, as described in subsection B. Temporary removal shall not apply to routine maintenance such as painting or message replacement. These activities may occur without notification or need to secure a building permit. Billboards which are non-confonninp: nursuant to the rePlIIations of the Colorado Deoartment of Transoortation must follow the reouirements of that Deoartment concerninl! removal and reconstruction. Section 2. Code of Laws Section 711 is amended to read: A. General provisions. 1. For the purpose of this subsection A, a portion of the city is designated as the B-2 billboard district, diyidcEl into two (2) bilJaollt'd E1istricls, B I i".J 3 2; as shown on the official billboard zoning map of the city and incorporated herein as seen below. Billboards are only allowed within the B-2 billboard district. Properties within the B-2 district must be zoned NC, R-C, C-l, C-2, 1, PCD or PID and must comply with the applicable city, state and federal restrictions to be eligible as a site upon which a billboard may be permitted. 2. Billboard structures ar.:. ~tk,~'..ed in the city, u~ p:.:.wil.::;a ~J' j'~:,:, .;.:..:.-tien-; provided, that aAny application for a billboard proposed to be located, relocated or rebuilt within six hundred sixty (660) feet of the right-of-way line of any state or federal highway shall be accompanied by written approval by the state or federal agency of jurisdiction. 2 3. Seteaek:: J~~JH. :,) as required fer a prineiJ3al s1ruetHfe iH 1:: =:=::-~; ,:E3~iet "lib"", leealea. Maximum uumber allowed is ei"hteen (18\. 4. Roofbillboards are not allowed. 5. All new billboards shall be of the monopole type, unless prohibited by soil conditions as certified by a professional engineer. BiUboards may be eitber a 'v-style' orientation which contains advertising on each visible face or a single advertising copy structure with back-to-back advertising copy areas. 6. Existing billboards are to be maintained in a neat and safe condition. The property located within a 50 foot radins of the support structure of any biUboard shall be well maintained and kept free of weeds, trash and debris. The maintenance area shaU only extend to the property on which the billboard is located. previaea, !hut ftNo existing billboard may be rebuilt or replaced except in conformance with these regulations; and provided, that when, in the opinion of the building inspector, the safety of an existing billboard is questionable, the billboard owner shall either remove the billboard within thirty (30) days of notification or shall furnish a certificate from a Colorado-registered professional engineer with a specialization in civil, structural or mechanical engineering to its safety. 7. Maximnm size of the advertising copy area shall not exceed seven hundred fifty (750) square feet per side. 8. Setbacks shall be as required as follows: a billhoard must be located at least fifty (50) feet from any right-of-way; the sethack from all other property lines shall he equal to the overaU structure height. Sethacks shall he measured from the closest point of the billboard structure perpendicular to the nearest property line. 9. Maximum height of the billboard structure shall be thirty (32) feet. 10. No new billboard may be located closer than six hundred (600) feet (measured from the closest point to each structure) to any other billboard facing in the same direction on the same roadway as defined by roadway name or number. 11. Non-conforming billboards are subject to the provisions of section 26- 707. 12. Any lighting which illuminates a billboard shall be fully shielded. downcast, and shall not interfere with any driver's vision on adjacent roadways. 13. Commercial electronic variable message signs (CEVMS) or any other type of animated billboard signs which use either actual or implied motion, are prohibited. B. B : Distriet. On ana after J!tftlf""Y I, 1996, billile...as ...: ;::-:~:t::ea in tile C I .Ltiet Abandoned billboards. 1. A billboard shall be deemed abandoned if: a. a billboard structure is removed without first securiftg a building permit for the demolition of the structure, 3 b. temporary removal exceeds the ISO-day period as described in subsection C, J:. the property owner notifies the Community Development Department of its intent to abandon the billboard structnre and relinqnish any right to maintain snch structure, d. Failure to notify the Denartment of intent to temnorarilv remove a billboard structure. or e. If a billboard is considered abandoned. the Community Develonment Denartment shall notify the billboard structure owner and the orooertv owner bv certified mail. For DDfooses of notification. the owners of record shall he those listed on the billboard nermit. 2. If the owner of the property upon which a billboard structure is located notifies the Commnnity Development Department by notarized letter that he or she relinquishes the right to a billboard on the property described, tbe billboard is deemed abandoned. For the purpose ofthe structnre, the term 'property owner' does not include the owner of the billboard structure, nnless the owner of the billboard structure also owns the nnderlying real property. 3. Once a billboard is abandoned and the owner of the billboard structure notified. the owner ofthe billboard structure shall have 30 days to remove the structnre. If an abandoned billboard is not removed within 30 days of notification, the City shall cause the strncture to be removed consistent witb section 15, article II ofthis Code. Once an abandoned billboard has been removed, a vacancy is established for pnrposes of Sections 711.A.3 and 711.D. C. Temporary billboard removaL The property owner npon which the billboard structnre is located shall notil)' the Community Development Department in writing prior to any temporary removal. A bnilding permit mnst be applied for and obtained for the temporary removal. Failnre to obtain a building permit for the temporary removal of a billboard strnctnre, or failure to notil)' the Department of any temporary removal shall constitute billboard abandonment, as defined herein. If a billboard is removed on a temporary basis, any non-conforming strncture mnst be reconstructed in conformance with these regnlations. D. Billboard vacancy. Following billboard abandonment, the Community Development Department shall notil)' every property owner in the B-2 district by certified mail announcing the billboard vacancy. An advertisement shall also be placed in the local newspaper notifying ofthe same. The notification will specify a date by which all applications must be submitted to the Department for a billboard permit. 4 The application period shall occnr no sooner than sixty (@) days and not later than ninetv C!ID days after pnhlication ofthe notification of vacancy. The annlication period shall conclude at 5 p.m. on the stated day. If the endin" day falls on a Saturday, Snnday or ohserved City holiday, the application period shall he extended to 5 p.m. on the next regular working day. Onlv one annlication ner nronertv may be submitted for inclusion in the drawinp". In the event that no comnlete annlications are submitted for inclusion in the drawing. the Denartrnent will nrocess 3oolications thereafter on a first-come. first served basis. If multiole 3oolications are submitted in this instance. the reouirernents of subsection F shall be followed. E. Permit submittal requirements. The application for a hillhoard permit shall include the following: 1. a completed building permit applicatiou form sigued by both the proposed billboard structure owuer and the property owner, 2. a letter from the applicants acknowledging that the applicants believe that the proposed billboard structure complies with C.R.S. 43-1-401 et sen., and the rules and regulations ofthe City of Wheat Ridge, 3. the billboard aonlicatiou .fee, as required by subsection I, 4. copy ofthe property deed where the billboard structure will be placed, 5. a site plan which details the locatiou ofthe proposed billboard structure in relation to property Iiues and all existing structures, 6. a certified survey of the property, 7. a detailed elevation sheet of the proposed billboard structure, and 8. certified engineering details of the proposed billboard structure, including foundation details aud proofthat the underlying soil is adequate to support said structure. F. Multiple applications. If more than one application for a biUboard permit has been submitted prior to the end of the annHcation neriod as snecifled in the Dublic Dotice. all applications which include all the required submittal items shall be entered into a drawing by lot. With resnect to aDV siD"le 10catioD within the B~2 billboard district. onlv one annlication will be entered into the drawinl!. In the event multinle aonlications for a sin~le location are submitted. none will be entered into the drawinl! unless all but one are withdrawn. The drawing shall occur immediatelv after the comoleteness review. as soecifled below in subsection G. All parties who have submitted valid applications as described above shall be invited to witness the drawiug. G. Completeness review. The permit applications shall uudergo a cursory review for completeness of the permit submittal requiremeuts prior to the drawing; if au application does not contain one or more ofthe submittal items listed in 5 subsection E, tbe application shall be retnrned witb an explanation of deficiency and may not be corrected and resubmitted for inclusion in the drawing. H. Detailed review. At the conclusion of the drawing, the Community Development Department shall perform a detailed review of the chosen application. If any technical corrections are needed, the chosen applicant shall correct said deficiencies. I. Fees. 1. A billboard aoolieatioo fee shall be required at time ofsubmittal of each application for a billboard structure. A billboard inspection fee and standard building permit fee as set by the Building Division shall be required for any issued building permit for a new or relocated billboard structure. 2. AODlication and insnection fees shall he established bv the Community Develonment Director and are detailed on the fee schedule kent in the Community Develonment Denartment for DubUc inSDection. J. Expiration. A permitted billboard must be erected within one hundred eighty (180) days oflssuance of the building permit. If the structure is not erected within this 180 day period, the ability to erect a billboard and the buildinl! oermit for the same shall be deemed forfeited. The Community Development Department will then follow the procedures listed in subsection (D) for a billboard vacancy. K. Assi!!nment of billboard nermit A current and valid billboard nermit shall be freely asshmable to a successor. as owner of the nrooertv where the billboard is located or of the leasehold of the billboard. subiect to filin~ such 30Dlication as the Community Develonment Director may reouire and naving annlicahle fees. The assignment shall be accomnlished bv filin!! and shall not reauire 3DDroval. 6 Section 3. Figure 26-711.1 is hereby amended to delete the reference to the B-1 District. l_boaroDls~ctl " ~ ~. ~ ~ ! I ~ " .../ ~ ','. '. '. '.' '.-..1 'i' 'ct'-" < i -i -il l 1.1,.'li" I ,~ !ITl ,il il i 1- , j-,J' " ;1 !-II: i,y-'f' ,II I!, - 'j '.Cr' t ' , '; , 'I .. f7!I~M' ~i r _ ~i:i ~::-_~{~il I I "-+-' i , - ~ !_J! " III .,.',' 'i_ -- ~;J&;lm~~~ "~ i Section 4. Section 711.C is hereby repealed. ---.---1 Deleted: <insert amended fig. 26- m 711.1>1 'I: HUUU_______________nu.nn Section 5. This Ordinance shall take effect 15 davs after final nublication, INTRODUCED, READ, AND ADOPTED on first reading by a vote of JLto !Lon this 28th day of Januarv. 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Februarv 25. 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and fmal reading by a vote of to , this day of , 2008. 7 SIGNED by the Mayor on this _ day of ,2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: - Second Publication: Wheat Ridge Transcript Effective Date: 8 STAFF PROPOSED 2ND READING EDITS CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 02-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING CODE OF LAWS SECTION 26-711, CONCERNING BILLBOARDS IN THE B-2 BILLBOARD DISTRICT AND REPEALING SECTION 26- 711.B WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority pursuant to Article XX, Section 6 of the Colorado Constitution and, inter alia, c.R.S. 31-23-101 et sea. and 29-20-101 et seq. to regulate the use ofland and structures thereon; and WHEREAS, pursuant to this authority, the City Council has previously enacted Section 26-711 of the Code of Laws, concerning billboard signs in the B-2 District; and WHEREAS, said Section 26-711.C currently permits a maximum of sixteen (16) billboards in the B-2 District and the City Council finds that an increase to the maximum allowed number of billboards would not be detrimental; and WHEREAS, at the time of adoption of this Ordinance, the maximum sixteen billboards are in place in the B-2 District; and WHEREAS, the billboard limitation has been difficult to administer in practice, owing to the difficulty in determining when individual billboard leases cease or are terminated; and WHEREAS, the City Council has determined that in order to eliminate these administrative difficulties, Section 26-711 should be amended to provide regulations which clarify when a new billboard is permitted in the B-2 District; and WHEREAS, the City Council has determined that animated billboards distract motorists and can cause a significant traffic hazard; and WHEREAS, the City Council has determined that an amended fee schedule is necessary to offset City Staff review and preparatory time in processing applications for billboard permits; and WHEREAS the City Council finds that Code Section 26-711.B, concerning billboards in the B-1 District is no longer necessary as all billboards in the B-1 District were removed prior to January 1, 1996. I ATTACHMENT 2 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-702 of the Wheat Ridge Code of Laws IS amended to include the following definitions: Billboard removal. When a billboard is not capable of displaying advertising. A billboard is considered removed when the supporting pole or structure is not present. Commercial electronic variable message signs (CEVMS). An advertising device which changes its advertising message by electronic or digital process or by remote control, or which uses rotating slats, moving or reflective disks, light emitting diodes (LEDS), glow cubes, or other means of changeable illumination. A sign which utilizes a message which must be incrementally updated to reflect a change in status, such as an updating monetary total on a lottery billboard, shall not be considered a commercial electronic variable message sign. Changeable copy messages which update the entire message on a pre- determined timeframe shall constitute a CEVMS. Property. For the purpose of this section, a lot of record which is identified by a Singular and unique Assessor's Parcel Number (APN). Temporary billboard removal. When either the advertising copy area or support pole or structure of a billboard, or both, are removed from a property for a period not to exceed 180 calendar days. If the temporary removal is for a period which exceeds 180 calendar days, the billboard structure shall be deemed abandoned, as described in subsection B. Temporary removal shall not apply to routine maintenance such as painting or message replacement. These activities may occur without notification or need to secure a building permit. Billboards which are non-conforming pursuant to the regulations of the Colorado Department of Transportation must follow the requirements of that Department concerning removal and reconstruction. Section 2. Code of Laws Section 711 is amended to read: A. General provisions. 1. For the purpose of this subsection A, a portion of the city is designated as the B-2 billboard district, aiy-ided iHto two (2) k:!lbard districts, B I aHd B 2, as shown on the official billboard zoning map of the city and incorporated herein as seen below. Billboards are only allowed within the B-2 billboard district. Properties within the B-2 district must be zoned NC, R-C, C-I, C-2, I, PCD or PID and must comply with the applicable city, state and federal restrictions to be eligible as a site upon which a billboard may be permitted. 2. Billboard struet;;;:~o al~ E2.k';;ed iH the eitj., ;:;: Pi)";ided by this sectien; ;;;;-,-;Jed, that aAny application for a billboard proposed to be located, 2 relocated or rebuilt within six hundred sixty (660) feet of the right-of-way line of any state or federal highway shall be accompanied by written approval by the state or federal agency of jurisdiction. 3. Setba:I,s shlil be as reEIffired for a prineipal strue-tw"c in the zoning aistrict ',vhere loeated. Maximum number allowed is eighteen (18). 4. Roofbillboards are not allowed. 5. All new billboards shall be of the monopole type, unless prohibited by soil conditions as certified by a professional engineer. Billboards may be either a 'v-style' orientation which contains advertising on each visible face or a single advertising copy structure with back-to-back advertising copy areas. 6. Existing billboards are to be maintained in a neat and safe condition. The property located within a 50 foot radius of the support structure of any billboard shall be well maintained and kept free of weeds, trash and debris. The maintenance area shall only extend to the property on which the billboard is located. provided, that nNo existing billboard may be rebuilt or replaced except in conformance with these regulations; and provided, that when, in the opinion of the building inspector, the safety of an existing billboard is questionable, the billboard owner shall either remove the billboard within thirty (30) days of notification or shall furnish a certificate from a Colorado-registered professional engineer with a specialization in civil, structural or mechanical engineering to its safety. 7. Maximum size of the advertising copy area shall not exceed seven hundred fifty (750) square feet per side. 8. Setbacks shall be as required as follows: a billboard must be located at least fifty (50) feet from any right-of-way; the setback from all other property lines shall be equal to the overall structure height. Setbacks shall be measured from the closest point of the billboard structure perpendicular to the nearest property line. 9. Maximum height ofthe billboard structure shall be thirty (32) feet. 10. No new billboard may be located closer than six hundred (600) feet (measured from the closest point to each structure) to any other billboard facing in the same direction on the same roadway as defined by roadway name or number. 11. Non-conforming billboards are subject to the provisions of section 26- 707. 12. Any lighting which illuminates a billboard shall be fully shielded, downcast, and shall not interfere with any driver's vision on adjacent roadways. 13. Commercial electronic variable message signs (CEVMS) or any other type of animated billboard signs which use either actual or implied motion, are prohibited. B. B I Distriet. Q;: :;;:j after Jarnlat). I, 19!.'e,..mllb2.f:i3 are prombited in the R 1 ilistfiet Abandoned billboards. 1. A billboard shall be deemed abandoned if: 3 a. a billboard structure is removed without first securing a building permit for the demolition of the structure, b. temporary removal exceeds the 180-day period as described in subsection C, c. the property owner notifies the Community Development Department of its intent to abandon the billboard structure and relinquish any right to maintain such structure, or d. failure to notify the Department of intent to temporarily remove a billboard structure, or e. failure to register an existing billboard by June 30, 2008. 2. If a billboard is considered abandoned, the Community Development Department shall notify the billboard structure owner and the property owner by certified mail. For purposes of notification, the owners of record shall be those listed on the billboard permit. 3. If the owner of the property upon which a billboard structure is located notifies the Community Development Department by notarized letter that he or she relinquishes the right to a billboard on the property described, the billboard is deemed abandoned. For the purpose of the structure, the term 'property owner' does not include the owner of the billboard structure, unless the owner of the billboard structure also owns the underlying real property. 4. Once a billboard is abandoned and the owner of the billboard structure notified, the owner of the billboard structure shall have 30 days to remove the structure. If an abandoned billboard is not removed within 30 days of notification, the City shall cause the structure to be removed consistent with section 15, article II of this Code. Once an abandoned billboard has been removed, a vacancy is established for purposes of Sections 711.A.3 and 711.D. C. Temporary billboard removal. The property owner upon which the billboard structure is located shall notify the Community Development Department in writing prior to any temporary removal. A building permit must be applied for and obtained for the temporary removal. Failure to obtain a building permit for the temporary removal of a billboard structure, or failure to notify the Department of any temporary removal shall constitute billboard abandonment, as defined herein. If a billboard is removed on a temporary basis, any non-conforming structure must be reconstructed in conformance with these regulations. D. Billboard vacancy. If the number of legally permitted or registered billboards falls below the maximum number allowed as established in subsection A.3, the Community Development Department shall notify every property owner in 4 the B-2 district by certified mail announcing the billboard vacancy. An advertisement shall also be placed in the local newspaper notifying of the same. The notification will specify a date by which all applications must be submitted to the Department for a billboard permit. The application period shall occur no sooner than sixty (60) days and not later than ninety (90) days after publication ofthe notification ofvacancy. The application period shall conclude at 5 p.m. on the stated day. If the ending day falls on a Saturday, Sunday or observed City holiday, the application period shall be extended to 5 p.m. on the next regular working day. Only one application per property may be submitted for inclusion in the drawing. In the event that no applications are submitted for inclusion in the drawing, or if none of the submitted applications meet the minimum requirements of subsection E, the vacancy shall remain. In this instance, the Department will process applications thereafter on a first-come, first served basis. If multiple applications are submitted in this instance, the requirements of subsection F shall be followed. E. Permit submittal requirements. The application for a billboard permit shall include the following: 1. a completed building permit application form signed by both the proposed billboard structure owner and the property owner, 2. a letter from the applicants acknowledging that the applicants believe that the proposed billboard structure complies with C.R.S. 43-1-401 et seQ., and the rules and regulations ofthe City of Wheat Ridge, 3. the billboard application fee, as required by subsection I, 4. copy of the property deed where the billboard structure will be placed, 5. a site plan which details the location of the proposed billboard structure in relation to property lines and all existing structures, 6. a certified survey ofthe property, 7. a detailed elevation sheet ofthe proposed billboard structure, and 8. certified engineering details of the proposed billboard structure, including foundation details and proof that the underlying soil is adequate to support said structure. F. Multiple applications. If more than one application for a billboard permit has been submitted prior to the end of the application period as specified in the public notice, all applications which include all the required submittal items shall be entered into a drawing by lot. With respect to any single loeatioB property within the B-2 billboard district, only one application will be entered into the drawing. In the event multiple applications for a single loeatioB property are submitted, none will be entered into the drawing unless all but one are withdrawn. The drawing shall occur immediately after the completeness review, as specified 5 below in subsection G. All parties who have submitted valid applications as described above shall be invited to witness the drawing. G. Completeness review. The permit applications shall undergo a cursory review for completeness of the permit submittal requirements prior to the drawing; if an application does not contain one or more of the submittal items listed in subsection E, the application shall be returned with an explanation of deficiency and may not be corrected and resubmitted for inclusion in the drawing. H. Detailed review. At the conclusion of the drawing, the Community Development Department shall perform a detailed review of the chosen application. If any technical corrections are needed, the chosen applicant shall correct said deficiencies. I. Fees. 1. A billboard application fee shall be required at time of submittal of each application for a billboard structure. A billboard inspection fee and standard building permit fee as set by the Building Division shall be required for any issued building permit for a new or relocated billboard structure. 2. Application and inspection fees shall be established by the Community Development Director and are detailed on the fee schedule kept in the Community Development Department for public inspection. J. Expiration. A permitted billboard must be erected within one hundred eighty (180) days of issuance of the building permit. If the structure is not erected within this 180 day period, the ability to erect a billboard and the building permit for the same shall be deemed forfeited. The Community Development Department will then follow the procedures listed in subsection (D) for a billboard vacancy. K. ,4ssignment of hitlheal'll permit. .\ currcnt and valid billboard permit shall be frcely assignahl;; :;; ~ ~lIeeessor, a5 owner of the pr.,p"~J" ....hcre the billboard is loeatcd or of the 1easchold of the biHboard, subjeet to filin" .u~1x applieation as the C , ..,..,. . mity Development Direetor may require and paying applieable fces. The as.~.;;u...,,,,i shall be a~~"~pliahed by filing and shall not requir, app'lWllI.- Registration of billboards. All billboards which are in existence as of April 1, 2008 shall be required to register with the Community Development Department. The registration shall be used solely for contact with either the property owner or structure owner. For billboards in existence as of April 1, 2008, failure to register said billboard by June 30, 2008 will render the billboard abandoned, and the procedures in subsection D shall be followed. The City shall supply the registration form. 6 Section 3. Figure 26-711.I is hereby amended to delete the reference to the B-1 District. ; I.bo.mol.waj ~. . -=..I ]' I:, ',,' , ;_ i" ' ! I' ,;';.: j"~' ;'11 ~; ! I ~ ~ -~/ " 1 _,__ J , Ii .;.,,,........ 1! -...... ','1 L....... : ,~- I jl :--' , , I ' . , ,w...,.:.... I. .~~, :r 'l7)t 1___' IJ '-I 'I' H - ------..., II I I I-J, , , , ! ~ " :'Ii I' , L ~f i! , , ! I -',' ! ,'I' !i I" i,~, i I TI "," -', I I', 'i _i "i "I: i'~'~ I ~ i:' , I"'! , '-'r'] 'J'[ - ,i ,_) iJIti- i'-= - ,--'-' 1;1"1'11' I -~Hl- rj"'IT li!_ _II '-"-I, 1 I~ _, ~ Section 4. Section 711.C is hereby repealed. Section S. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 28th day of January, 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for February 25, 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this 25th day of February, 2008. 7 SIGNED by the Mayor on this ATTEST: Michael Snow, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: day of Jerry DiTullio, Mayor Approved As To Form .2008. Gerald E. Dahl, City Attorney 8 '~~' LAKEMONT ....:. ....:... eenteft, , .. .. May 20, 2008 ;(011:'. Ken Johnstone Communi ty Df.l'7elopment 7500 West 29th Avenue Wheat Ridge, CO 80033 - HE; NEW BILLBOARD ORDINANCE Dear Ken Johnstone: Having a 20 year billboard lease that is coming dile in a few years, I wish to express my very strong support for the City's current revised ordinance which allows the land owner control of the permit in accommodating future develop.- ment. I have discussed this issue with Travis crane and have written as well related to this need. Would appreciate your review. In my last letter, I stated that the a-2 Billboard Zoned area WOuld experience the greatest growth resulting from Cabala's development after visiting the new Cabela's store in Lehi, utah'inconfirming their five million visitors the first year. The Planning Director in Lehi stated new development was occurring within a four mile radius to include 2 new hotels ahd 26 restaur<int sites in front of Cabala's. This did sound exaggerated, until visiting the Pro-Bass facility off I-70 and Quebec. I've waited' many years, "as have others withiri the. B.-2 Zone," for area growth to support bank funding for my project. The .new development on my site may cause removal, relocation, and or the 'cequest for a second billboard to fund the State lease~ construction~and.maintenance of the eight foot w<ilkway around our lake requireo. by the City's approved plat on .ti"'k. State Highway land along with the appropriate landscaping, It's quite possible new development around the Cabela's project will increase the City's tax base several fold with well planned '9"cowth and quality access. I Sincerely, / ~e~million Co .~ ..' RJVld cc: Wheat Ridge City Council 632 GOLD RUN ROAD BOULDER, COLORADO 80302 TELEPHONE: 303-442-7111 FAX: 303-546-9380 ATTACHMENT 3 l' .... .,~ UNITED ADVERTISING CORPORATION April 28, 2008 Wheat Ridge City Council 7500 West 29th Avenue Wheat Ridge CO 80033 Dear Council Members: It is with great urgency that I am writing you regarding the proposed revisions to Wheat Ridge's billboard ordinance. As you are aware, City Council, City staff and industry representatives have spent countless hours over the last 18 months working to craft these proposed revisions that reflect the compromises achieved by all parties involved. The single most important element of the revisions - and the very premise of the Ordinance - is the protection of the rights of Wheat Ridge property owners and their right to make an allowed use of their property, and to benefit from competition. This protection of property owners' rights is now under attack by one of the very parties who participated in all of the meetings and agreed to all of the revisions. I am writing to urge you to protect property owners' rights by passing the revised billboard Ordinance without changing the wording to the detriment of property owners. On April 11, 2008, an undated letter was sent to you over the signature of CBS Outdoor General Manager Daniel Scherer, urging you to further amend the previously agreed upon Ordinance changes so as to give billboard companies the power to declare an abandonment ofthe property owner's right to have a billboard on the property. This letter was filled with gross inaccuracies and overtly misleading statements - all in an effort to confuse you and to un-do 18 months of inclusive, transparent work by all of the stakeholders in this matter. I am extremely disappointed that one of my colleagues and competitors has resorted to such tactics in an attempt to take vested land use rights from citizen property owners. I own United Advertising Corporation. Over the last 18 years, I have worked for, or owned, billboard companies operating in Wheat Ridge. The City has always fostered competition, while protecting the land use rights of its property owners. Up until CBS' legal assault on the City starting in 2005, small billboard companies enjoyed competing in Wheat Ridge. In fact, five of the six most recent billboards in Wheat Ridge were developed and erected by small billboard companies. Now, CBS -largely through its attorney Richard Holme - seeks to stifle billboard competition and to steal part, or all, of a land use right so that the property owner cannot competitively bid his property. Denver Chicago Los Angeles New Jersey New York '. Page 2 CBS' letter - which by all appearances was likely written by their attorney, Mr. Holme - goes so far as to state that their newly proposed Ordinance wording "would give the billboard owner the equal right with the property owner." This would, in effect, prohibit a landowner from canceling a contract with a billboard company tenant and putting their permitted site out for competitive bid. Under CBS and Mr. Holmes' suggestion, these landowners would be forced back into the lottery system and risk losing their current City-permitted income. This notion is absolutely ludicrous! And, it is direct conflict with the most basic intention and wording of both the original Ordinance and the revised Ordinance as presented to Council on February 25, 2008. Why would City Council change their policy of the last 15 years when you are attempting to codify it? Why would City Council take away land use rights from a property owner? Why would City Council interfere in a private negotiation? Why would City Council force a property owner to work with only one company or risk losing valuable income from his property? Adding to the outrageous content of the CBS/Holme letter is the very nature with which it was submitted beyond the 11th hour. Mr. Holme had participated in all of the work sessions and was completely aware of the recommended changes - including the "temporary removal" provisions that were proposed in January. In fact, Mr. Holme was present at a January 14, 2008 meeting with Travis Crane, Ken Johnstone, and Gerry Dahl, during which the intent of "temporary removal" was described by staff in detail- and Mr. Holme agreed. The changes suggested in the CBS/Holme letter are not in line with the intent expressed by Council, the Mayor and staff. These changes will hurt your property owners and shut down a presently competitive marketplace. These changes do not benefit the City of Wheat Ridge and, in fact, will likely lead to further litigation for the City. Please don't let this happen. Again, I urge you to protect property owners' rights by passing the revised billboard Ordinance without changing the wording to the detriment of property owners. It would be my pleasure to discuss this letter and all of the facts surrounding the CBS/Holme letter with you. I hope that we can meet individually in the very near future. Thank you. Sincerely, ~ Mark W. Giordano President Denver Chicago Los Angeles New Jersey New York Page 3 cc: All Wheat Ridge City Council Members Clerk, Wheat Ridge City Council Randy Y.oun[ "__~'.. ;'~~t'l\q;~Y~\"/"};;;';""-.J' ;f~l%D,A~~!i\!,@;"n~,S!n~J . Gerald Dahl, Esq. Jerry DiTullio Patrick Goff Janice Smothers Frank Bullock Steven Richards Richard P. Holme, Esq. Russell and Janice Anderson Copper Fields land Holdings LlC/Cheryl Wise Jack and Berneice Major Thomas and Isabel Abbott Mariann Major David Stefanich Triad Real Estate/Ted Redling Wheat Ridge Industrial Park llC/Steve Peckar MJB Motels LLC Daniel Dearing National Advertising Company lake Front Partners/Robert Vermillion Public Storage Euro Partnership VlIllC 12505 W 44th Ave llC/Hari Sachs 4800 Ward Road LLC Jack and Dannette Walker Denver Chicago Los Angeies New Jersey New York ~CBS OUTDOOR ~$~~ Dear Council Member: The three major billboard companies in Wheat Ridge have concluded that they must raise a serious objection they have to one part of the proposed amendments to the Wheat Ridge Sign Code (Council Bill No. 02-2008; Ordinance No. 1408). As you will recall, because of the 1992 amendments to the Sign code, the billboard companies had to remove existing signs in Wheat Ridge without compensation and had to spend their own money to replace the billboards in the new billboard area along the interstate highways. Ever since, they have paid the permit fees and all operating costs. Recently, land owners have claimed that although they have made no investment of their own in the billboards, they should be the sole owners of any right to determine where new billboards could be located. In an effort to strike a balance between the competing claims, it was our understanding that the Council approved the concept of opening up the permitting process so that if any billboard were removed, all landowners in the B-2 Zone, including the owner of the property on which the recently removed billboard was located, would have the right to negotiate with all billboard '-vu'p..uies and to compete in a fair lottery for the new, replacement billboard. Nonetheless, it now appears that the proposed ordinance destroys this balance and the fair and open opportunity to compete for new locations. This seems to have been done by the new and innocent sounding concept of "temporary removal." Most of us probably assumed that tl-mpv,...ry removal is designed to give the landowner the right to take down a billboard in order to develop the land under or next to the present billboard location while protecting the landowner from losing the remainder of his lease revenue. However, protecting the landowner who is developing its property is not part of the temporary removal provision. In short, it appears that a landowner can obtain a '';c.mpv,ary removal" of an existing billboard simply in order to negotiate a new lease with another company. Thus, the landowner can prevent all other Wheat Ridge landowners from the chance to participate in an open lottery and deprive them of any fair chance to receive the revenues from the new billboard. Because temporary removal as stated in the proposed ordinance completely upsets the entire basis for the compromise that caused the billboard companies to agree to a fair and open lottery in place of further litigation, the cvu'p",,;es feel this issue must be addressed or they must oppose the entire ordinance. There is an easy solution that re-leve1s the playing field for everyone in the City. That is to simply add the words "or billboard" between "property'~ and "owner" in section ~ 26-711.B.1.c. This would give the billboard owner the equal right with the property owner to abandon a billboard, which would open up a replacement location to the notice and lottery process. With this simple addition, this section would state: "A billboard shall be deemed abandoned if: . . . The pwpc.._i or billboard owner notifies the Community Development Department of its intent to 4647 LEYDEN STREET, DENVER, co 80216 - (303) 333-5400 - FAX (303) 322-6520 - CBSOIITDOOR.COM ~CBS OUTDOOR abandon' the billboard structure and relinquish any right to maintain such structure. H Alternatively, the provisions relating to temporary removal could be modified by adding requirements that temporary removal be allowed only where necessary for permitted development of the landowner's property under circumstances such as those stated above. We would be happy to work with you to reach a solution that will be fair to all Wheat Ridge residents. We would also like to request that any hearing on a revised ordinance be delayed until after May 15, 2008 so that Richard Holme, our attorney and the person most knowledgeable about the Wheat Ridge sign code situation can attend and provide his insight and input. At the last public hearing, the council asked the Community Development Department to report back with a revised ordinance in 60 days. That time will expire in mid-April. There is not, as far as we know, any deadline or pressure that the fmal hearing occur at exactly that time. Unfortunately, Mr. Holme has several days of day-long meetings and is going on a long-planned family reunion trip during that time. Specifically, he is unavailable from April 11 to May 14. There is simply no one else who can fill in for him during his absence, and we would be most grateful if the council could await his return and input. Thank you for consideration of this letter. Sincerely su. Q.~ Daniel M. Scherer General Manager, CBS Outdoor, Inc. Also on behalf of Mile High Outdoor and Lamar Advertising cc: All Wheat Ridge City Council Members Clerk, Wheat Ridge City Council Kenneth Johnstone Gerald Dahl, Esq. Frank Bullock Steven Richards RichardP. Holme, Esq. 4647 LEYDEN STREEI'. DENVER, 00 80216 - (303) 333-5400 - FAX (303) 322-6520 - CBSOUIDOOROOM ~ February 27,2008 Mayor, Council Members and Staff, On behalf of Lamar 1 want to thank you for the opportunity to comment on Council Bill 02-2008 at Monday's City Council meeting. 1 know that this bill as gone through many revisions and has been the subject of a lot of discussion. With this in mind I will only comment on Commercial Electronic Variable Message Signs (CEVMS) or Digital Displays. 1 left informational packets with Michael Snow to distribute to you after the Council Meeting on the 25th. These packets include a DVD explaining Digital Displays, a summary of a recent safety study in Cleveland, as well as some recent articles explaining their use as a public service medium. Lamar currently operates over 600 Digital Displays across the country including 3 in Colorado Springs. These displays allow Lamar and its advertisers to utilize the latest technology in displaying their messages. The displays utilize LED technology similar to what is used in modem televisions. The use of these displays in outdoor advertising has often been misunderstood. The signs do not flash or blink and are never animated. It is only a new way to change copy more frequently allowing Lamar to work quickly with law enforcement and public safety officials in the event of emergencies or current Amber Alerts. The displays can be changed within minutes to post emergency information. They also allow Lamar to set aside spots for use in promoting community events. They can be used creatively to show election results, welcome new businesses and promote events such as your annual Carnation Festival. Obviously Lamar has a business interest in this as well. Digital Displays let our customers change their message quickly to reflect current sales and special promotions. They let us provide outdoor advertising to more customers and increase our revenue without building new signs. The safety study which was recently completed in Cleveland showed no increase in car accidents due to the use of digital billboards (CEVMS). The study was conducted on a belt highway surrounding greater Cleveland on which Digital Displays were prevalent. It used public records on accidents on the beltway for a period of 18 months before the boards were installed and 18 months after. The study found that there was no increase in traffic accidents in the presence of these signs. The State of Colorado currently allows these signs with message changes allowed every four seconds. Lamar typically uses a model where the message changes every six seconds. You will notice in the pictures that 1 have included in your packets that converting these signs improve the appearance of the signs. There is no external light source and the catwalks are no longer needed. One of the pictures shows a sign where one fuce was converted to digital and the other was not. The digital face is much cleaner looking and improves the overall appearance. \ This new technology puts off the same amount of light as a lighted billboard. The displays are designed to automatically dim based on the ambient light conditions. When the sun sets they dim and they also dim when it is cloudy or a thund.:.,.:.vu.u blows through. Lamar and the broader industry have no interest in converting all of our signs to use this technology. It is very expensive to convert a billboard for this use. Our desire is to convert a small portion of our signs which could work in a network surrounding Greater Denver. A sign in Wheat Ridge would be an important link in this network. 1 would appreciate the opportunity to discuss how allowing use of these displays would be beneficial to Wheat Ridge. The original intent of this ordinance was to address permitting issues. It does not seem necessary to address CEVMS in Council Bill 02- 2008. Sincerely, I I' Chip Roehrig Lamar-Denver ! i !. i ;I DavlsGraham&Stubbs LLP February 20, 2008 Re: Council Bill 02-2008 - Amendment to Billboard Code Dear Council Member: The major outdoor advertising companies doing business in Wheat Ridge, CBS Outdoor, Lamar Advertising and Mile High Outdoor, want to make the following comments and suggestions to the proposed ordinance that amends the existing Sign Code. (Although we do not speak on behalf of United Advertising, we do not believe that it will object to the suggestions we discuss below.) Because of time constraints during the public hearing on February 25, we thought it would be clearer and easier to understand our suggestions if we provided them to you in advance of the public hearing. (We assume that this letter will be made publicly available as well.) First, notwithstanding the position of the Community Development Department, it is our view that this entire ordinance is a solution in search of a problem. In the 16 years since the Wheat Ridge billboard code was adopted, there has been exactly one problem. Even in that one, the courts have upheld virtually all ofthe CDD's int"'y,,,,;,,;';ons of the code. This proposed ordinance adds pages of detailed governmental regulation at a time when most citizens wish their government to engage in less regulation and attendant expense. Having said that, and because it "1'1''''''. that this Council is planning on proceeding anyway, we want to say that we sincerely appreciate the CDD's willingness to accept input and language suggestions that at least have reduced the number of potential regulatory nightmares and increased clarity of the proposed ordinance to the extent it must be adopted. There are a mnnber of policy determinations that are incorporated within the ordinance, most of which remain from a 16-year-01d code and a number of which we believe are outdated and inconsistent with regulations in surrounding counties and established by the Colorado Department of Transportation. Our major suggestions and issues are as follows: 1. Section 71l.A.9 should be amended to increase the maximum height of billboards from 32 to 4S feet. Virtually all billboards in Wheat Ridge are along the i...;",.;,,;e highways. Denver allows such billboards to be 45 feet high. CDOT does not regulate height. Many of Wheat Ridge's existing billboards are partially blocked or obscured by sound walls, buildings or other on- premise signs. Conversely, many of them block or obscure on-premise signs, to the detriment of Richard P. Holme. 303 892 7340, richard,holme@das!aw.com 829544 J'~')Cl',t'V0n1t>I;'(!!h '>lr~'(-! . ~.uir€' ~Jno . [)I'nv~'~ (OI\Jf.Jf.lo8(l20) . '.(H ~N2 9<100 . fflx .~(1~ 893 l3J9 www.dgslaw.com February 20,2008 Page 2 those business owners. Allowing greater height may well make it easier for motorists to read both on-premise and billboard signs more quickly and with less distraction. 2. Section 711.A.lO should be amended to decrease minimum spacing between billboards from 600 feet to 500 feet. CDOT regulations require only a 500-foot spacing, as does Denver. A 500-foot spacing would potentially make more landowners eligible to compete for and obtain new billboards and the resulting income. There appears to be no empirical reason requiring that the 600-foot spacing requirement remain unchanged. 3. Section 7Il.A.S should be amended to remove the side-lot setback requirement that a billboard be set back a distance equal to its height. First, this requirement will prohibit a number of prospective landowners from being able to compete for and obtain permits. Second, although the ordinance claims to allow existing billboard owners temporarily to remove and then replace or relocate billboards on their property, the requirement of ~ 711.C that any replacement billboard must comply with all the standards of this ordinance will make the possibility of relocating a billboard on an owner's property largely illusory. Many existing signs could not be rebuilt in compliance with the side-lot setback requirement of the new ordinance. If this Council believes there is justification to limit the ability of new landowners to have access to billboard lease revenue, we at least suggest that when a temporarily removed billboard is replaced, the ordinance require only that that the new billboard not increase the previous billboard's non-confonnity_ 4. Section 711.A.l2 should be amended to delete the word "downcast." This provision will require all new billboards to have light stanchions extending out over the top of the sign in a "T" configuration. Some older council members may recall that such lighting was nonnal in the first half of the 20th Century, but was abandoned (and outlawed) because it was so "ugly." Furthermore, the requirement that lighting be downcast may prohibit "back-lit" billboards, a new technology that casts even less ambient light than the existing lights and is easier to read and more pleasing to the eye. 5. Section 711.A.l3 prohibiting "CEVMS" should be tabled for reconsideration. There is no apparent reason for banning at this time the newest technology available for outdoor advertising. The Colorado Roadside Advertising Act specifically authorizes the use of these signs, only limiting the frequency of message changes to not less than 4 seconds per message. Wheat Ridge itself specifically allows on-premise signs of this type, only limiting the February 20, 2008 Page 3 frequency of message changes to not less than 15 seconds per message. These signs are not "animated" or "flashing, blinking or moving." The method of changing messages is most closely analogized to a Power Point presentation or a slide show. The intensity of lighting is normally reduced during the darker times of the day and at night. Other communities have found these signs indispensable for things such as Amber Alerts, traffic warnings, severe weather alerts, and other conununity-oriented messages. There is absolutely no evidence that changeable messages adversely impact traffic safely. Indeed, a major traffic study established that these signs have no impact on traffic accidents or safety. At the very least, the Council should undertake further study ofthis issue before enacting a permanent, total prohibition, without regard to the possibility of lIpp,vp,;ate limitations on their use as well as their potential benefits. Of course, we will be happy to answer any questions and provide any additional information before or during the February 25, 2008 public hearing on this measure. Sincerely, !l;L; ~ U- Richard P. Holme for CBS Outdoor, Inc. Lamar Advertising Company Mile High Outdoor cc: All Wheat Ridge City Council Members Clerk, Wheat Ridge City Council Travis Crane Kenneth Johnstone Gerald Dahl, Esq. Daniel M. Scherer Frank Bullock Steven Richards Mark Giordano Ronald L. Fano, Esq. Sales . Service . Customer Satisfaction Triad Machine Tool Company 7881 W. 48th Avenue. Wheat Ridge, CO 80033 (303) 424-0268 . 1-800-648-0286 . Fax: (303) 424-8627 July 11, 2008 City Councilmembers City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge CO 80033 Dear Councilmembers: 1 own Triad Machine Tool, a Wheat Ridge business that employs 38 people. When we purchased our property in 1992, we chose this site in part because it had an existing billboard permit with a sign on the property. We ~aw it as a long-term investment and the cash flow from leasing out the billboard was factored into the purchase price of the land. Since then, we have been disadvantaged by a system that allowed one billboard company to prevent us from competitively bidding the billboard permit that we own. Thankfully, that changed last year and we now receive higher rent due to the new competitive market. 1 have attended several of the City Council meetings at which you have addressed proposed changes to the billboard ordinance. 1 have been surprised and disappointed to watch the billboard companies' interests be given greater regard than the rights of the people who actually own land, and pay taxes in Wheat Ridge. As you finalize the update to the billboard ordinance, 1 ask that you please protect the property rights of Wheat Ridge landowners and residents. Please do not forsake those rights by giving them - or even sharing them - with the billboard companies who are tenants on the property we own. Thank you very much. S3Dm Ted Redling President Triad Machine Tool 7881 West 48th Avenue Wheat Ridge CO 80033 Page 1 of 1 Jerry DiTullio From: Jerry DiTullio Uerryditullio@comcast.net] Sunday, July 13, 20084:00 PM Wanda Sang: Dean Gokey; Janice Smothers: Jerry DiTullio: Karen Adams; Karen Berry: Lena Rotola: Mike Stites: Patrick Goff: Randy Young: Robbe Thibault; Terry Womble: Tracy Langworthy Cc: Jerry Dahl: Tom Abbott: Laurie Leprino Subject: Billboard Ordinance - Monday Night Importance: High Sent: To: r Council, I wanted to share an email with you that I sent to Counilmember Adams a few days ago: \ Jerry Dahl will give the staff report for the BB Ord. Monday night. All things considered, staff and I are recommending "Option B" with the amendments listed in the packet. I think I need to veto the BB Ord. if any amendments are passed Monday night that remove the property owners from control. Sorry about that... Call me if you have any questions. I've become closer to the BB Ord. more than I everwantedto...@ The public hearing has been continued on several occasions so I will: I 1. Allow Jerry Dahl to make a quick staff report 2. Take any additional public comment 3 Council questions/comments 4. Close the public hearing 5. Call for a motion I strongly encourage Council to pass "Option B" with all amendments recommended by staff and to allow the two (2) new billboards. Old code allowed 16 and the new ordinance allows 18 along the 1-70 corridor. Allowing the two (2) new billboards will exercise the new processes and open up the market somewhat, which has been closed for a long time. I will bring copies of this email Monday night and ask the Clerk to read into the record. This issue is NOT quasi-judicial. Thanks \ ./ Mayor Jerry DiTullio Wheat Ridge City Hall 7500 W. 29th Ave. Wheat Ridge, Colorado 80033 Office: 303.235.2800 Cell: 720.253.6785 Never confuse motion with action - Benjamin Franklin \< ~ i ., _ . < City of . -~Wheat&9ge YOfFICE Of THE MAYOR CONFIDENTIALITY NOTICE: This e-mail containsbm.incss-confidentialinformation.ltis intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately bye-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 7/14/2008 "< ~' _ y City of . pWheat~dge ITEM NO: '3 I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: July 14,2008 TITLE: COUNCIL BILL 11-2008 - AN ORDINANCE AMENDING SECTIONS 17.22 AND 17.32 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING RESTRICTIONS OF USE OF LAKES AND WATERWAYS Wntlll~ THE CITY D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS ISJ ORDINANCES FOR 1 ST READING: 07/14/2008 D ORDINANCES FOR 2ND READING: 07/28/2008 Quasi-judicial: DYES ISJ NO ll~fPolice ci~6 EXECUTIVE SUMMARY: Prior to the first of June, 2008, the police department received a citizen inquiry regarding boating on City waterways. In answering the question, along with the review of the applicable Code of Laws, it was found that waterways were not specifically addressed. As the sununer months are approaching, it is quite typical for the water in Clear Creek to rise and the additional water volume and speed increases the dangerousness of boating. In addition, other revisions were determined necessary to ensure the safety of the public on City waterways. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Community Service Officers (CSO) currently have the authority to restrict the use of parks and recreation facilities within the City. To make the Code of Laws more clear and to ensure the safety of the public in the event it becomes necessary for a CSO to restrict the use of lakes and waterways, Code sections 17.22 and 17.32 have been revised to include the terms "lakes and waterways." The revisions include a requirement that each person occupying a watercraft wear an approved personal flotation device whereas the current City Code does not require the wearing of such devices, only that the devices be available and on board for each occupant. Section 17.32 (f) provides CSO's the authority to close City waterways due to inclement weather or other unsafe conditions. Lastly, the revisions provide the authority for CSO's to enforce those sections of the Colorado State Statutes, as amended, that are not covered in the City Code of Laws. ALTERNATIVES CONSIDERED: Do not amend the City Code and respond to boating issues on the City waterways with limited authority concerning situations constituting a danger to the health and safety of the public. FINANCIAL IMPACT: NIA RECOMMENDED MOTION: "1 move to approve Ordinance 11-2008. an Ordinance amending sections 17.22 and 17.32 of the Wheat Ridge Code of Laws concerning restrictions of use of lakes and waterways within the City on first reading, order it published, and set for a second reading at a public hearing on Monday, July 28,2008 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." or, "1 move to deny the approval of Ordinance 11-2008. an Ordinance amending sections 17.22 and 17.32 of the Wheat Ridge Code of Laws concerning restrictions of use oflakes and waterways within the City" for the following reasons: " Report Prepared By: Daniel Breunan, Chief of Police Report Reviewed By: Patrick Goff, Deputy City Manager ATTACHMENTS: 1. Staff Report 2. Proposed Ordinance 11-2008 Amendments 3. Article 13 of Title 33 of the Colorado Revised Statutes entitled Vessels ~~A.( ~_.,. City of . ~~WlieatB-L.dge ~OLICE DEPARTMENT Memorandum TO: Mayor Jerry DiTullio and City Council THROUGH: Randy Young, City Manager ( tfJx Daniel Brennan, Chief of Police ~'U FROM: Joe Cassa, Division Commander Patrol Operations Division DATE: June 26, 2008 SUBJECT: Staff Report: Code of Laws, Section 17-22 Recently, the department received a citizen inquiry regarding boating on City waterways. In answering the question, along with a review of the applicable Code of Laws, Section 17-22, Commander Cassa found that waterways were not specifically addressed. As the month of June was approaching, it is quite typical for the water in Clear Creek to rise and the additional water volume and speed increases the dangerousness of boating. The purpose ofthe proposed amendments to the existing ordinance is to extend the authority of Community Service Officers (CSO's) on City lakes and waterways by: . Clarifying through the addition of the restriction of use oflakes and waterways whereas the current City Code (Section 17.22) does not specifically address lakes and waterways; . The added requirement of each person occupying the watercraft wearing an approved personal flotation device whereas the current City Code (Section 17.32 (5)) does not require the wearing of such devices, but that they only be available and on board for each occupant. The requirement for a single throw floatation device now requires at least one such device be on board the watercraft. . Section 17.32 (f) currently does not provide the authority for Community Service Officers to close city waterways due to inclement weather or other unsafe conditions which in the judgment of the Community Service Officer constitutes a danger to the health and safety of the public. 1 have received and incorporated the suggestions ofthe Parks and Recreation Department Director, the City Open Space Coordinator, the Community Service Officer Unit supervisor and the Patrol Operations Division Lieutenants. All parties agree the proposed ordinance changes are appropriate and necessary to protect health and safety of the public using City lakes and waterways. Staff is recommending City Council approve these changes. A copy of the revised ordinance is attached for your review. Attachment Brennan\City Council\StaiI Report Amend Waterways 062608.doc A I I ACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 11-2008 Ordinance No. TITLE: AN ORDINANCE AMENDING SECTIONS 17.22 AND 17.32 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING RESTRICTIONS OF USE OF LAKES AND WATERWAYS WITHIN THE CITY WHEREAS, the City Council of the City of Wheat Ridge, Colorado has authority to enact ordinances for the protection of public health, safety and welfare; and WHEREAS, exercising this authority, the Council has previously adopted Chapter 17 of the Wheat Ridge Code of Laws entitled "Parks and Recreation;" and WHEREAS, the Council has determined it is necessary to amend Sections 17.22 and 17.32 of the Code to extend enforcement authority of code officers to lakes and waterways. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 17.22 is amended to read as follows: Sec. 17-22. Restriction of use. The director may restrict the hours, days and weeks of use of any recreation center or building, facilities, parks, open space--ef trails, LAKE OR WATERWAY, and the director or all a CSO may restrict or remove any user, individual or group for violation of any of the rules and regulations set forth in this article. Section 2. Section 17.32 is amended to read as follows: Sec. 17-32. Boating. a) All non motorized watercraft designed to be used as a means of transportation on water, other than single-chambered air-inflated devices, shall be allowed on any waters in the park and recreation areas of the city as outlined in this section except for Bass Lake. Boating is prohibited on Bass Lake. ATTACHMENT 2 (b) In order to boat on any water in the parks and recreation areas of the city the following requirements shall be met: (1) The watercraft shall be nonmotorized, propelled solely by means of oars and paddles or by the use of sails. Any watercraft which has a motor-driven means of propulsion shall be classified as motorized and shall be prohibited upon the water of the city. (2) Any sailboat must be properly registered with the Colorado Division of Parks and Outdoor Recreation. (3) All air-inflated devices, including inflatable canoes, kayaks, rafts and belly boats, must have a minimum of two (2) separate and distinct chambers. Inner tubes, air mattresses and other similar beach toys are not permitted at any time. (4) The watercraft shall be in seaworthy condition as defined by these rules and regulations and determined by the CSOs. (5) EACH PERSON OCCUPYING A +Re watercraft shall BE REQUIRED TO WEAR A have one (1) personal flotation device of a type currently approved for use by the United States Coast Guard WHILE THE CRAFT IS IN USE. IN ADDITION, EACH WATERCRAFT SHALL HAVE on board AT LEAST f:::~ ::::::sIl percon oooupying the Y.af. ar.a-one (1) throw flotation device. (f) AA A CSO may order operators from the water when, in the CSO's judgment, such operators constitute a safety hazard to themselves or other OPERATORS operations. CSOs may also order from the water persons or crafts operating in a reckless or careless manner or in disregard of or in violation of any department of parks and recreation rule or regulation. CSOs shall have the authority to close ANY LAKE OR WATERWAY t~::: I:::Ke because of inclement weather or any other unsafe condition which, in the judgment of the CSO, constitutes a danger to the health and safety of the public. (g) EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE PROVISIONS OF ARTICLE 13 OF TITLE 33 OF THE COLORADO REVISED STATUTES, ENTITLED VESSELS, AS CURRENTLY WRITTEN AND HEREAFTER AMENDED, SHALL APPLY TO LAKES AND WATERWAYS WITHIN THE CITY. Section 3. Severabilitll. Conflictina Ordinances Reoealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this _ day of , 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for , 2008 at 7:00 p.m., in the Council Chambers, 7500 West 29tn Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _' this day of , 2008. SIGNED by the Mayor on this day of ,2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Michie's Legal Resources Page 1 of 1 33-13-101. Legislative declaration. It is the policy of this state to administer the registration and numbering of vessels in accordance with federal laws pertaining thereto and to promote the safety of persons and property in connection with the use, operation, and equipment of vessels. Source: L. 84: Entire article added, p. 897, S 2, effective January 1, 1985. ATTACHMENT 3 hllp:1 Iwww.michie.com!colorado/lpext.dll/ cocodel 53 ba6/ 54 3 fal 54 5dfl 545 f9?f-templates&f... 7/7/2008 Michie's Legal Resources Page 1 of I 33-U~102. Definitions. As used in this article, unless the context otherwise requires: (1) "Motorboat" means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion including "personal watercraft" as defined in subsection (3.3) of this section. (2) "Operate" means to navigate or otherwise use a vessel. (3) "Owner" means a person who claims lawful possession of a vessel by virtue of legal title or an equitable interest which entitles him to such possession. (3.3) "Personal watercraft" means a motorboat that uses an inboard motor powering a water jet pump as its primary source of motive power and is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional mauner of sitting or standing inside the vessel. "Personal watercraft" includes a motorboat known as a "specialty prop-craft", which is similar in appearance to a personal watercraft but powered by an outboard or motor driven propeller. (3.7) "Sailboard" means a sail propelled vessel with no freeboard and equipped with a swivel mounted mast, not secured to a hull by guys or stays. (4) "Sailboat" means any vessel propelled by the effect of wind on a sail, including sailboards. For the purposes of this article, any vessel propelled by both sail and machinery of any sort shall be deemed a motorboat, when being so propelled. (5) "Vessel" means every description of watercraft used or capable of being used as a means of transportation of persons and property on the water, other than single-chambered air-inflated devices or seaplanes. (5.5) "Vessel staging area" means any parking lot, boat ramp, or other location that any vessel is transported to or from by a motor vehicle and where such vessel is placed into operation on or in the water. "Vessel staging area" does not include any location to which a vessel is transported primarily for the purpose of service, maintenance, repair, or sale. (6) "Whitewater" means natural running water with intermittent rapids. Source: L. 84: Entire article added, p. 897, S 2, effective January 1, 1985. L. 88: (4) amended, p. 1165, S 1, effective March 16. L. 93: (3.7) added, p. 1836, S 1, effective July 1. L. 97: (1) amended and (3.3) added, p. 1604, S 1, effective June 4. L. 2003: (5.5) added, p. 1945, S 15, effective May 22. http://www.michie.com!colorado/lpexl.dll/ cocode/ 5 3ba6/ 54 3 fa! 54 5dfl 54 5 fe?f-templates&f... 7/7/2008 Michie's Legal Resources Page 1 of2 33-13-103. Nlllllb~ring of vessels required. (I) It is unlawful for any person to operate or use a vessel on the waters of this state or to possess a vessel at a vessel staging area unless such vessel has been numbered and a certificate of the number, referred to in this article as a "registration", has been issued to such vessel by the division. The operator of such vessel shall produce the registration for inspection upon demand of any officer authorized to enforce the provisions of articles 10 to 15 and 32 of this title. The following are exempt from the requirements of this subsection (1) and from the vessel registration fee as specified pursuant to section 33-10-111 (5): (a) Any vessel which is neither a motorboat nor a sailboat as defined in section 3}:l3::l02; except that canoes, kayaks, and nonmotorized rafts exempted by this paragraph (a) shall be marked as required by subsection (5) of this section; (b) Vessels holding a valid marine document issued by the United States bureau of customs; (c) Vessels which are numbered in accordance with applicable federal law or in accordance with a federally approved numbering system of another state when the registration is valid and the identifying number set forth in the registration is displayed on each side of the bow of such vessel, which vessel is not used within this state during a period of not more than sixty consecutive days; (d) A vessel from a country other than the United States temporarily using the waters of this state; (e) A vessel belonging to a class of vessels which has been exempted after the division has found that the numbering of vessels of such class will not materially aid their identification, and, if an agency of the federal government has a numbering system applicable to the class of vessels to which the vessel in question belongs, after the division has further found that the vessel would also be exempt from numbering ifit were subject to federal law; (f) Any vessel defined as a sailboard in section 33-13-102 (3.7) shall be marked as required by subsection (5) of this section. (2) Every registration issued pursuant to this article shall continue in full force and effect for a period ending December 31 of the year of issuance of the registration unless sooner terminated or discontinued in accordance with the provisions of this article. A registration may be renewed by the owner in the same manner as that provided for obtaining the initial registration. The same number shall be reissued if the application for renewal is received by the division within thirty days before the date of expiration. (3) The board shall prescribe by rule or regulation a system of numbering which is in compliance with the federal system for numbering vessels. (4) Any person who violates subsection (1) of this section is guilty of a class 2 petty offense and, upon conviction, shall be punished by a fine of fifty dollars. (5) It is unlawful for any person to operate or use a canoe, kayak, sailboard, or nonmotorized raft which is not required to be registered under subsection (1) of this section on the waters of this state unless it has been marked with the owner's name and current address in a legible, clearly visible, and durable fashion. Any person who violates this subsection (5) is guilty of a petty offense and, upon conviction thereof, shall be punished by a fine of fifteen dollars. http://www.michie.com/co I oradollpext.dlll coco de/ 53 ba61 54 3 fa/54 5df/ 5460c?f=templates&f... 7/7/2008 Michie's Legal Resources Page 2 of2 Source: L. 84: Entire article added, p. 897, ~ 2, effective January 1, 1985. L. 88: (l)(a) and (5) amended, p. 1165, ~~ 2, 3, effective March 16. L. 93: (l)(f) added and (5) amended, p. 1836, ~~ 2, 3, effective July 1. L. 95: 1P(l) and (4) amended, p. 967, ~ 5, effective July 1. L. 96: IP(l) amended, p. 782, ~ 5, effective May 23. L. 2003: IP(l) and (4) amended, p. 1945, ~ 16, effective May 22. Editor's note: This section is repealed, effective Juiy 1,2011, pursuant to the provisions of section 33-13-116. ANNOTATION Am. Jur.2d. See 12 Am. Jur.2d, Boats and Boating, 3 24. C.J.S. See 80 C.J.S., Shipping, 32. Applied in People v. Boyd, 642 P.2d 1 (Colo. 1982). http://www.michie.com!co loradollpexl. dill cocode!5 3ba6!54 3 fal 54 5dfl 5460c?f=templates&f... 7/7/2008 Michie's Legal Resources Page 1 of2 33-13-104. Application for vessel number. (1) The owner of each vessel requiring numbering by this state shall file an application for a number with the division or any representative approved by the division on forms approved and furnished by the division. The application shall be signed by the owner of the vessel and shall be accompanied by a fee as specified pursuant to section 33-lQ,111 (5); except that those vessels owned and operated by the state or any political subdivision thereof shall be registered without payment of a registration fee. Upon receipt of the application in approved form, the division or its representative shall issue to the applicant a registration stating the number issued to the vessel. The number issued shall be painted on or attached to each side of the bow on the forward half of the vessel or, if there are no such sides, at a corresponding location on both sides of the foredeck of the vessel for which it is issued. The number issued shall read from left to right in block characters of good proportion having a minimum of three inches in height, excluding border or trim, and of a color that contrasts with the color of the background, and so maintained as to be clearly visible and legible. No other number shall be carried on the bow of the vessel. Any person who fails to display a vessel number as required in this subsection (1) is guilty of a class 2 petty offense and, upon conviction, shall be punished by a fine of twenty-five dollars. (2) The registration shall be of pocket size and shall be on board and available at all times for inspection whenever the vessel for which it is issued is in operation in this state. Any person who violates this subsection (2) is guilty of a class 2 petty offense and, upon conviction, shall be punished by a fine of fifty dollars. If a registration is lost or destroyed, the owner shall, within fifteen days, notify the division. The notification shall be in writing, shall describe the circumstances of the loss or destruction, and shall be accompanied by a fee for a replacement registration as required under section 33-12-1Ql. (3) When a numbered vessel is lost, destroyed, or abandoned, the registration issued for the vessel shall be surrendered to the division within fifteen days after any such event. When the owner of a numbered vessel changes his address from that shown on the registration, he shall notify the division within fifteen days of such change and as a part of such notification shall furnish the division with his new address. The board may provide in its rules or regulations for the surrender of the registration bearing the former address and its replacement with a registration bearing the correct address or for the alteration of an outstanding registration to show the new address of the owner. (4) All fees collected under this section shall be credited to the parks and outdoor recreation cash fund and shall be used for the administration of this article. Source: L. 84: Entire article added, p. 898, S 2, effective January I, 1985. L. 95: (1) and (2) amended, p. 971, S 16, effective July 1. L. 96: (1) amended, p. 782, S 6, effective May 23. L. 2003: (1) and (2) amended, p. 1945, S 17, effective May 22. Editor's note: This section is repealed, effective Juiy 1, 2011, pursuant to the provisions of section :):),1:),11(3. ANNOTATION Am. Jur.2d. See 12 Am. Jur.2d, Boats and Boating, S 24. C.J.S. See 80 C.J.S., Shipping, S 2. http://www.michie.com/co I orado/lpext.dll/ cocodel 5 3ba61 54 3 fa/54 5dfl 54623 ?f=templates&f... 7/7/2008 Michie's Legal Resources Page 2 of2 htlp:l /www.michie.com/co 1 oradoll pext. dIll cocodel 5 3 ba6/ 54 3 fa/54 5dfl 54623?f -temp lates&f... 717/2 008 Michie's Legal Resources Page 1 of I 33-13-105. Seizure of vessels by officers. (1) (a) Every parks and recreation officer and other peace officer of this state may seize and hold any vessel if such officer has probable cause to believe that the vessel is not in the lawful possession of the operator or person in charge thereof. (b) It is the duty of any officer seizing any vessel, on being informed of any such vessel, to immediately notifY the appropriate law enforcement agencies and the owner if known. Such notification shall contain a description of such vessel and any other helpful facts that may assist in locating or establishing the ownership thereof or in prosecuting any person for a violation of article 4 of title la, C.R.S., or other state laws. (2) "Hull identification number" means any identifying number, serial number, engine number, or other distinguishing number or mark, including letters, if any, placed on a vessel or engine by its manufacturer or by authority of the division or in accordance with the laws of another state or country, excluding the vessel registration number. (3) (a) Whenever a vessel is seized pursuant to subsection (1) of this section, the law enforcement agency or a governmental entity may commence an action in a court of competent jurisdiction to determine whether said vessel shall be destroyed, sold, converted to the use of the seizing agency, or otherwise disposed of by an order of said court. (b) (1) Any forfeiture proceeding initiated pursuant to this section shall be conducted in conformance with section 16-13-505, eR.S. (II) For purposes of applying section 16- 1 3-505, C.R.S., to a seizure hearing conducted pursuant to this section, "contraband" includes any vessel seized in accordance with this section. (4) Nothing in this section shall preclude the return of the seized vessel to the owner by the seizing agency fol1owing presentation of satisfactory evidence of ownership and, if determined necessary, requiring the owner to obtain an assignment of a hull identification number for the vessel from the division. (5) and (6) (Deleted by amendment, 1. 96, p. 725, S 1, effective January 1,1997.) (7) If the court having jurisdiction orders the vessel sold by the division, the proceeds of the sale shall be forwarded to the treasurer who shall credit such proceeds to the general fund. Source: L. 84: Entire article added, p. 899, S 2, effective January l, 1985. L. 96: Entire section amended, p. 725, S 1, effective January 1,1997. Editor's note: This section is repealed, effective July 1,2011, pursuant to the provisions of section 33-13-11!J. http://www.michie.com/col orado/lpext.dl1/ cocode/ 5 3ba6/ 54 3 fa/54 5df/ 54632 ?f=temp lates&f... 7/7/2008 Michie's Legal Resources Page 1 of2 33-13-106. Equipmcnt rcquirements. (1) No person shall operate a personal watercraft unless each person aboard is wearing a personal flotation device of a type approved by the United States Coast Guard that is in a good and serviceable condition. (2) A person operating a personal watercraft equipped by the original manufacturer with an engine cutoff switch lanyard shall attach such lanyard to his or her person, clothing, or personal flotation device, as appropriate for the specific vessel. (3) Every vessel, other than a personal watercraft, operated on the waters of this state shall at all times have aboard: (a) One personal flotation device of a type approved by the commandant of the United States Coast Guard in good and serviceable condition and in a readily accessible place of storage for each person on board; except that sailboard operators may wear a wet suit, as defined by the board, in lieu of carrying a personal flotation device as required by this paragraph (a); (b) When in operation during hours of darkness, a light sufficient to make the vessel's presence and location known to any and all other vessels within a reasonable distance; (c) Ifnot an entirely open vessel and if carrying or using any inflammable or toxic fluid in any enclosure for any purpose, an efficient natural or mechanical ventilation system which shall be capable of removing any resulting gases prior to and during the time such vessel is occupied by any person. (4) Every vessel operated on the waters of this state shall have such additional equipment that is designed to promote navigational safety and that the board may find to be necessary or desirable for the safe operation of vessels upon the waters of this state. (4.5) No person shall operate a vessel that has entered the water unless each child under the age of thirteen who is aboard such vessel is wearing a personal flotation device, unless such child is below deck or in an enclosed cabin. Such flotation device shall be of a type approved by the United States Coast Guard and shall be in good and serviceable condition. (5) Any person who violates subsection (1), (2), (3), (4), or (4.5) of this section is guilty of a class 2 petty offense and, upon conviction, shall be punished by a fine of fifty dollars. (6) The board may exempt vessels from the provisions of subsection (1), (2), (3), (4), or (4.5) of this section under certain conditions or upon certain waters. Source: L. 84: Entire article added, p. 901, S 2, effective January 1, 1985. L. 93: (1)(a) amended, p. 1837, S 4, effective July I. L. 95: (2) amended, p. 972, S 17, effective July I. L. 97: Entire section amended, p. 1604, S 2, effective June 4. L. 2003: (4.5) added and (5) and (6) amended, p. 1946, S 18, effective May 22. ANNOTATION Am. Jur.2d. See 12 Am. Jur.2d, Boats and Boating, 33 10-13. http://www.michie.com/colorado/lpext.dll/cocode/53ba6/543 fa/545df/54641 ?f=templates&f... 7/7/2008 Michie's Legal Resources Page 2 of2 C.J.S. See 80 C.J.S., Shipping, & 5. http://www.michie.comlcolorado/lpext.dll/cocode/53ba6/543 fa/545df/54641 ?f=templates&f... 7/712008 Michie's Legal Resources Page I of1 33-13-107. Vessel [jyeries. (l) The owner or operator of a vessel livery shall keep a record of the name and address of each person who hires any vessel that is designed or permitted to be operated as a vessel, the identification number of such vessel, and the departure date and time and the expected date and time ofreturn of such vessel. Such records shall be preserved for at least thirty days after such vessel is to be returned and shall be subject to inspection by the division. Any person who violates this subsection (1) is guilty of a class 2 petty offense and, upon conviction, shall be punished by a fine of one hundred dollars. (2) Neither the owner or operator of a vessel livery nor such owner's or operator's agent or employee shall permit any vessel to depart from his or her premises unless such vessel is equipped and registered as required by this article and rules promulgated pursuant to this article. Any person who violates this subsection (2) is guilty of a class 2 petty offense and, upon conviction, shall be punished by a fine of one hundred dollars. Source: L. 84: Entire article added, p. 901, S 2, effective January 1,1985. L. 95: (2) amended, p. 972, S 18, effective July 1. L. 2003: Entire section amended, p. 1946, S 19, effective May 22. Editor's note: This section is repealed, effective July 1,2011, pursuant to the provisions of section ;1.3-~3-116. http://www.michie.com/colorado/lpexl.dll/cocode/53ba6/543 fa/545df/54654 ?f=otemplates&f... 7/7/2008 Michie's Legal Resources Page 1 of1 33-13-1Q7LhMinimum aile of motorbollt2perators - vouth education. (1) No person under sixteen years of age shall operate a motorboat in this state except as provided in this section. (2) A person fourteen years of age or older who has not reached his or her sixteenth birthday may operate a motorboat only ifhe or she: (a) Completes a boating safety course approved by the division of parks and outdoor recreation; and (b) Has a boating safety certificate issued by the boating safety course provider in his or her possession. (3) No person shall permit or knowingly authorize a motorboat to be operated by a person under sixteen years of age; except that a person fourteen years of age or older who has not reached his or her sixteenth birthday may be permitted or authorized to operate a motorboat if he or she has met the boating safety and certificate requirements of subsection (2) of this section. (4) No owner or operator of a vessel livery or an agent or employee of such owner or operator shall lease, hire, or rent a motorboat to or for operation by any person under sixteen years of age; except that a person fourteen years of age or older who has not reached his or her sixteenth birthday may be permitted or authorized to operate a motorboat if he or she has met the boating safety and certificate requirements of subsection (2) of this section. (5) Any person who violates this section is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of fifty dollars. (6) It is the intent of the general assembly that no general fund dollars be appropriated for the purpose of implementing the requirements of this section. Source: L. 97: Entire section added, p. 1605, S 3, effective January 1, 1998. http://www.michie.com/col orado/lpext.dll/ cocodel 5 3 ba61 54 3 fa/54 5dfl 5465 c?f=templates&f... 7/7/2008 Michie's Legal Resources Page 1 of2 ;33-13-108. Prohibited vessel operations. (1) (a) No person shall operate or give permission for the operation ofa vessel: (1) Which is not equipped as required by this article or rules and regulations promulgated pursuant thereto; (II) Which emits noise in excess of the permissible level established in standards promulgated by the board in accordance with article 1 of title 24, C.R.S.; (1II) Above a wakeless speed in areas zoned as wakeless, as defined by board rule or regulation; (IV) In a manner that violates any rule promulgated by the board for safe use and operation of vessels. (a.5) No person shall operate a personal watercraft between one half hour after sunset and one half hour before sunrise. (b) Any person who violates paragraph (a) or (a.5) of this subsection (1) is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of fifty dollars. (2) (a) It is unlawful for any person to operate a vessel in a careless or imprudent mauner without due regard for zoning, traffic, and other attendant circumstances or as to endanger any person, property, or wildlife. For purposes of this paragraph (a), careless or imprudent vessel operation includes, but is not limited to, the following: (1) Becoming airborne or completely leaving the water while crossing the wake of another vessel at an unsafe distance from the vessel creating the wake or when visibility around such vessel is obstructed; (II) Unsafely weaving through vessel traffic; (1II) Operating at such a speed and proximity to another vessel so as to require the operator of either vessel to abruptly swerve or to abruptly cut speed in order to avoid collision. (b) Any person who violates paragraph (a) of this subsection (2) is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of one hundred dollars. (3) It is unlawful for any person to operate a vessel in a reckless manner. Any person who violates this subsection (3) is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. (4) No person shall operate a vessel other than a motorboat or a sailboat covered by the provisions of section 33-13-108.1 or be in actual physical control of such a vessel while under the influence of alcohol, a controlled substance as defined in section 12~22c3Q3 (7), C.R.S., or any other drug, or any combination of such drugs or alcohol, that renders such person incapable of safely operating such a vessel, nor shall the owner or operator of such a vessel knowingly authorize or permit such vessel to be operated by or under the actual physical control of any other person if such person is under the influence of alcohol, a controlled substance, or any other drug, or any combination of such drugs or alcohol, that renders such person incapable of safely operating such a vessel. Any person who violates this subsection (4) is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two http://www.michie.com!colorado/lpext.dll/ coco del 5 3ba6/5 4 3 fa/54 5 dfl 54668 ?f=templates&f... 717/2008 Michie's Legal Resources Page 2 of2 hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. Source: L. 84: Entire article added, p. 902, S 2, effective January 1, 1985. L. 89: (4) amended, p. 1359, S 2, effective July 1. L. 95: (l)(b) and (2) amended, p. 972, S 19, effective July 1. L. 97: (l)(a)(IV) and (l)(a.5) added and (l)(b), (2), and (3) amended, p. 1606, SS 4, 5, effective June 4. L. 2003: (3) and (4) amended, p. 1947, S 20, effective May 22. ANNOTATION Am. Jur.2d. See 12 Am. Jur.2d, Boats and Boating, 99 16-20. C.J.S. See 80 C.J.S., Shipping, 9 14. Applied in Peopie v. Boyd, 642 P.2d 1 (Coio. 1982). http://www.michie.com/co lorado/lpext. dill cocode/ 5 3ba61 54 3 fa! 54 5 dfl 54668 ?f=templates&f... 7/7/2008 Michie's Legal Resources Page 1 of5 ;33-13-108.1. Operating a motorboat or sailboat while under the influence. (1) (a) It is a misdemeanor for any person to operate a motorboat or sailboat or be in actual physical control of a motorboat or sailboat in this state while: (1) Under the influence of alcohol; (II) The amount of alcohol, as shown by analysis of such person's blood or breath, in such person's blood is 0.10 or more grams of alcohol per one hundred milliliters of blood or 0.10 or more grams of alcohol per two hundred ten liters of breath at the time of the commission of the alleged offense or within two hours after operating a motorboat or sailboat if the evidence establishes beyond a reasonable doubt that such person did not consume any alcohol between the time of operation and the time of testing; (III) Under the influence of any controlled substance as defined in section 12-22-303 (7); C.R.S., or any other drug which renders him incapable of safely operating a motorboat or sailboat; (IV) Under the influence of any combination of alcohol and any controlled substance as defined in section 12022:3QJ. (7), C.R.S., or any other drug, when such combination of alcohol and controlled substance or any other drug renders him incapable of safely operating a motorboat or sailboat. (b) For the purposes of this subsection (1), "under the influence of any controlled substance or any other drug" shall include the use of glue-sniffing, aerosol inhalation, or the inhalation of any other toxic vapor. (2) (a) In any prosecution of a violation of paragraph (a) of subsection (1) of this section, the amount of alcohol in the defendant's blood or breath at the time of the commission of the alleged offense or within a reasonable time thereafter, as shown by analysis of the defendant's blood or breath, shall give rise to the following presumption: If there was at such time 0.10 or more grams of alcohol per one hundred milliliters of blood as shown by analysis of such person's blood or 0.10 or more grams of alcohol per two hundred ten liters of breath as shown by analysis of such person's breath, it shall be presumed that the defendant was under the influence of alcohol. (b) The limitation of this subsection (2) shall not be construed as limiting the introduction, reception, or consideration of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of alcohol. (3) In any prosecution for a violation of subsection (1) of this section, the defendant shall be entitled to offer direct and circumstantial evidence to show that there is a disparity between what the tests show and other facts so that the trier of fact could infer that the tests were in some way defective or inaccurate. Such evidence may include testimony of nonexpert witnesses relating to the absence of any or all of the common symptoms or signs of intoxication for the purpose of impeachment of the accuracy of the analysis of the person's blood or breath. (4) (a) On and after July 1, 1989, any person who operates a motorboat or sailboat or who is in actual physical control of a motorboat or sailboat on the waters of this state shall be deemed to have expressed his consent to the provisions of this subsection (4). (b) Any person who operates a motorboat or sailboat or who is in actual physical control of a motorboat or sailboat on the waters of this state may be required to submit to a test or tests of his breath or blood for the purpose of determining the alcoholic content of his blood or breath if arrested for any http://www.michie.com/colorado/lpext. dll/ cocode/5 3 ba61 54 3 fa/54 5df/546 8 O?f=templates&f... 7/7/2008 Michie's Legal Resources Page 2 of5 misdemeanor offense arising out of acts alleged to have been committed while the person was operating a motorboat or sailboat in violation of subsection (1) of this section. If such person requests that said test be a blood test, then the test shall be of his blood; but, if such person requests that a specimen of his blood not be drawn, then a specimen of his breath shall be obtained and tested. (c) Any person who operates a motorboat or sailboat or who is in actual physical control of a motorboat or sailboat on the waters of this state may be required to submit to a test or tests of his blood, saliva, and urine for the purpose of detennining the drug content within his system if arrested for any misdemeanor offense arising out of acts alleged to have been committed while the person was operating a motorboat or sailboat in violation of subsection (1) of this section. (5) Any person who is required to submit to, or who requests that a specimen of his blood, breath, saliva, or urine be taken or drawn for, testing shall cooperate with the person authorized to obtain such specimens, including the signing of any release forms required by any person who is authorized to take or withdraw such specimens. If such person refuses to sign any release forms, such refusal shall be considered a refusal to take the tests, provided said forms conform to subsection (6) of this section. No peac'e officer shall physically restrain any person for the purpose of obtaining a specimen of his blood, breath, saliva, or urine for testing. (6) The tests shall be administered at the direction of the arresting officer having reasonable grounds to believe that the person had been operating a motorboat or sailboat in violation of subsection (1) of this section and in accordance with rules and regulations prescribed by the state board of health, with utmost respect for the constitutional rights, dignity of the person, and health of the person being tested. No person except a physician, a registered nurse, a paramedic as certified in part 2 of article ;1,2 of title 25, C.R.S., an emergency medical technician as defined in part 1 of article ~"'~" of title 25, C.R.S., or a person whose normal duties include withdrawing blood samples under the supervision of a physician or registered nurse shall be entitled to withdraw blood for the purpose of determining the alcoholic or drug content therein. No civil liability shall attach to any person authorized to obtain blood, breath, saliva, or urine specimens or to any hospital in which such specimens are obtained as provided in subsection (4) of this section as a result of the act of obtaining such specimens from any person submitting thereto if such specimens were obtained according to the rules and regulations prescribed by the state board of health; except that such provision shall not relieve any such person from liability for negligence in the obtaining of any specimen sample. (7) Any person who is dead or unconscious shall be tested to detennine the alcoholic content of his blood as provided in subsection (4) of this section. Any person who is dead, in addition to the tests prescribed, shall also have his blood checked for carbon monoxide content and for the presence of drugs, as prescribed by the department of public health and environment. Such information obtained will be made a part of the accident report. (8) If a person refuses to submit to tests as provided for in subsection (4) of this section and such person subsequently stands trial for a violation of subsection (1) of this section, the refusal to submit to such tests shall be admissible into evidence at the trial, and a person may not claim the privilege against self- incrimination with regard to admission of refusal to submit to any tests. (9) The fact that any person charged with a violation of subparagraph (II) or (III) of paragraph (a) of subsection (1) of this section is or has been entitled to use such controlled substance or drug under the laws of this state shall not constitute a defense against any person charged with such violation. (10) No court shall accept a plea of guilty to a violation of section 33-l},JOS (4) or a non-alcohol- related or non-drug-related boating offense from a person charged with a violation of subsection (1) of this section; except that the court may accept a plea of guilty to a non-alcohol-related or non-drug- http://www.michie.com/colorado/lpext.dlllcocode/53ba6/54 3fa/54 5df/54680?f-templates&f... 7/7/2008 Michie's Legal Resources Page 3 of5 related boating offense upon a good faith representation by the prosecuting attorney that he could not establish a prima facie case ifthe defendant were brought to trial on the original alcohol-related or drug- I related offense. (11) When a peace officer has reasonable grounds to believe that a person is operating a motorboat or sailboat while under the influence of alcohol or that the operator has been involved in a boating accident resulting in injury or death, the peace officer may request the operator to provide a sample of the operator's breath for a preliminary screening test using a device approved by the executive director of the department of public health and environment as being accurate to within ten percent of the actual reading obtained by the officer upon administering the test. The results of this preliminary screening test may be used for the purpose of deciding whether an arrest should be made and whether to administer a test pursuant to paragraph (b) of subsection (4) of this section but shall not be used in any court action except to prove that a test was properly authorized pursuant to this section. The results of such test shall be made available to the operator or his attorney upon request. The preliminary screening test shall not constitute the test for the purposes of subsection (4) of this section. (12) (a) Every person who is convicted of a violation of subsection (1) of this section shall be punished by imprisonment in the county jail for not less than five days nor more than one year, and, in addition, the court may impose a fine of not less than two hundred dollars nor more than one thousand dollars. Except as provided in paragraph (c) of this subsection (12), the minimum period of imprisonment provided for such violation shall be mandatory. In addition to any other penalty that is imposed, every person who is convicted of a violation to which this paragraph (a) applies shall perform no more than ninety-six hours of useful public service. (b) Upon a conviction of a second or subsequent violation of subsection (1) of this section which occurred within five years of the date of a previous violation of subsection (1) of this section, the offender shall be punished by imprisonment in the county jail for not less than sixty days nor more than one year, and, in addition, the court may impose a fine of not less than five hundred dollars nor more than one thousand five hundred dollars. The minimum period of imprisonment as provided for such violation shall be mandatory, but the court may suspend up to fifty-five days of the period of imprisonment if the offender complies with the provisions of paragraph (c) of this subsection (12). In addition to any other penalty which is imposed, every person who is convicted of a violation to which this paragraph (b) applies shall perform not less than sixty hours nor more than one hundred twenty hours of useful public service. The performance of the minimum period of service shall be mandatory, and the court shall have no discretion to suspend the mandatory minimum period of performance of such servIce. (c) The sentence of any person subject to the provisions of paragraph (a) or (b) of this subsection (12) may be suspended to the extent provided for in said paragraphs if the offender receives a presentence alcohol and drug evaluation and, based on that evaluation, if such offender satisfactorily completes an appropriate level 1 or level II alcohol and drug driving safety education or treatment program and abstains from the use of alcohol for a period of one year from the date of sentencing. Such abstinence shall be monitored by the treatment facility by the administration of disulfiram or by any other means that the director of the treatment facility deems appropriate. If, at any time during the one-year period, the offender does not satisfactorily comply with the conditions of the suspension, that sentence shall be reimposed, and the offender shall spend that portion of his sentence which was suspended in the county jail. (d) In addition to any other penalty provided by law, the court may sentence a defendant who is convicted pursuant to this section to a period of probation for the purposes of treatment not to exceed two years. http://www.michie.com/colorado/lpext.dll/cocode/53ba6154 3 fa/545df/54680?f=templates&f... 7/7/2008 Michie's Legal Resources Page 4 of5 (e) For the purposes of this subsection (12), "useful public service" shall have the same meaning as that set fOlih in section 42-4-1301.4 (2) (a), C.R.S., and the useful public service program authorized therein shall be utilized for the purposes of this subsection (12). An offender sentenced to such useful public service program or to such work assignments shall complete the same within the time established by the court. In addition to any other penalties, fines, fees, or costs prescribed in this section, the court shall assess an amount not to exceed the amount established in section 42-4-1301.4. C.R.S., upon any person required to perform useful public service. Such amount shall be used only to pay for the costs authorized in section 42-4-1301.4, C.R.S. (f) For the purposes of this subsection (12), "alcohol and drug driving safety education or treatment" shall have the same meaning as that set forth in section 42-4-1301.3 (3) (c) (IV), C.R.S., and the alcohol and drug driving safety program and the presentence alcohol and drug evaluations authorized therein shall be utilized for the purposes of this subsection (12). The presentence alcohol and drug evaluation shall be conducted on all persons convicted of a violation of subsection (1) of this section; except that this requirement shall not apply to persons who are not residents of Colorado at the time of sentencing. Any defendant sentenced to level 1 or level II education or treatment programs shall be instructed by the court to meet all financial obligations of such programs. If such financial obligations are not met, the sentencing court shall be notified for the purpose of collection or review and further action on the defendant's sentence. In addition to any other penalties, fines, fees, or costs prescribed in this section, the court shall assess an amount, not to exceed the amount established in section 42-4-1 101.1, C.R.S., upon any person convicted of a violation of subsection (1) of this section. Such amount shall be used only to pay for the costs authorized in section 42-4-1301.3. C.R.S. The court shall consider the alcohol and drug evaluation prior to sentencing. The provisions of this paragraph (f) are also applicable to any defendant who receives a deferred prosecution in accordance with section 18-1.3-101, C.R.S., or who receives a deferred sentence in accordance with section 18-1.3-102, C.R.S. (g) Upon a conviction for a first offense, in addition to any other penalties, fines, fees, or costs imposed for a violation of subsection (1) of this section, the court shall order the person to not operate a motorboat or sailboat for a three-month period. Upon a conviction for a second or subsequent offense, in addition to any other penalties, fines, fees, or costs imposed for a violation of subsection (1) of this section, the court shall order the person to not operate a motorboat or sailboat for a one-year period. For the purposes of this paragraph (g), "conviction" includes a conviction in any court of record or municipal court, a plea of no contest accepted by the court, or the forfeiture of any bailor collateral deposited to secure a defendant's appearance in court or the failure to appear in court by a defendant charged with a violation of subsection (1) of this section who has been issued a summons and complaint to appear pursuant to section 33-15-102 (2). (h) Upon a plea of guilty or a verdict of guilty by the court or a jury to any offense specified in subsection (1) of this section, the court shall order the defendant to immediately report to the sheriff's department in the county where the defendant was convicted, at which time the defendant's fingerprints and photographs shall be taken and returned to the court, which fingerprints and photographs shall become a part of the court's official documents and records pertaining to the defendant's conviction and the defendant's identification in association with such conviction. In any trial for a violation of any of the offenses specified in subsection (I) of this section, a duly authenticated copy of the record of former convictions and judgments of any court of record for any of said crimes against the party indicted or infonned against shall be prima facie evidence of such convictions and may be used in evidence against such party. Identification photographs and fingerprints that are part of the record of such former convictions and judgments of any court of record or are part of the record at the place of such party's incarceration after sentencing for any of such former convictions and judgments shall be prima facie evidence of the identity of such party and may be used in evidence against him. Any person who fails to immediately comply with the court's order to report to the sheriff's department, to furnish fingerprints, or http://www.michie.com/colorado/lpexl.dll/ cocode/53 ba6154 3 fa/545df/54680?Ftemplates&f... 717/2008 Michie's Legal Resources Page 5 of5 to have his photographs taken may be held in contempt of court. (13) (a) No owner or operator of a motorboat or sailboat shall knowingly authorize such motorboat or sailboat to be operated by or come under the actual physical control of any other person if such person is under the influence of alcohol, a controlled substance or any other drug, or any combination thereof. (b) Any person who is convicted of a violation of paragraph (a) of this subsection (13) is guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment in the county jail for not more than one year, or by a fine of not less than two hundred dollars nor more than one thousand dollars, or by both such fine and imprisonment. (14) In all actions, suits, and judicial proceedings in any court of this state concerning alcohol-related or drug-related boating offenses, the court shall take judicial notice of methods of testing a person's alcohol or drug level and of the design and operation of devices, as certified by the department of public health and environment, for testing a person's blood, breath, saliva, or urine to determine the alcohol or drug level. This subsection (14) shall not prevent the necessity of establishing during a trial that the testing devices used were in proper working order and that such testing devices were properly operated. Nothing in this subsection (14) shall preclude a defendant from offering evidence of the accuracy of the testing device. (15) As used in this section, "convicted" includes a plea of no contest accepted by the court. (16) (a) Upon conviction of or plea of no contest to a violation of this section, the court shall forward a certified copy of such conviction or plea to the division. (b) When a peace officer requests a person to submit to tests as required by subsection (4) of this section and such person refuses to submit to such tests, the officer shall forward to the division a verified report of all relevant information, including information which adequately identifies such person and a statement of the officer's probable cause for requesting such person to submit to the tests. Source: L. 89: Entire section added, p. 1352, S 1, effective July I. L. 94: (7), (11), and (14) amended, p. 2803, S 570, effective July I; (l2)(e) and (12)(f) amended, p. 2566, S 81, effective January 1, 1995. L. 2002: (l2)(e) and (l2)(f) amended, p. 1920, S13, effective July 1; (12)(f) amended, p. 1545, S 297, effective October 1. L. 2003: (l2)(a) and (13)(b) amended, p. 1947, S21, effective May 22. Editor's note: Amendments to subsection (12)(1) by House Bill 02-1046 and Senate Bili 02-057 were harmonized. Cross references: For the legislative declaration contained in the 2002 act amending subsection (12)(1), see section 1 01 chapter 318, Session Laws 01 Colorado 2002. htlp ://www.michie.com/co lorado/lpexl. dlll cocode/5 3 ba61 54 3 fal 54 5 df/54680?footemp lates&f... 7/7/2008 \ , \ i Michie's Legal Resources Page 1 of 1 33-13-108.2. Operating a motorboat or sailboat while the privilege to operate is suspended. (1) Any person who operates a motorboat or sailboat in this state at a time when a court-ordered suspension of his motorboat or sailboat operating privilege is in effect for a conviction of an alcohol- or drug-related operating offense pursuant to section :iJ:Jl:lmU (1) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail for not less than three days nor more than one hundred eighty days and, in the discretion of the court, by a fine of not less than three hundred dollars nor more than one thousand dollars. Upon a second or subsequent conviction, such person shall be punished by imprisonment in the county jail for not less than ninety days nor more than one year and, in the discretion of the court, by a fine of not less than five hundred dollars nor more than three thousand dollars. The minimum jail sentence imposed by this subsection (1) shall be mandatory, and the court shall not grant probation or a suspended sentence thereof; but, in a case where the defendant is convicted although he established that he had to operate the motorboat or sailboat. in violation of this subsection (1) because of an emergency, the mandatory jail sentence shall not apply, and, for a conviction, the court may impose a sentence of imprisonment in the county jail for a period of not more than one year and, in the discretion of the court, a fine of not more than one thousand dollars, and, for a second or subsequent conviction, the court may impose a sentence of imprisonment in the county jail for a period of not more than two years and, in the discretion of the court, a fine of not more than three thousand dollars. (2) In any trial in which a person is charged with a violation of subsection (1) of this section, a duly authenticated copy of the record of former convictions and judgments of any court of record against the party indicted or informed against for an alcohol- or drug-related motorboat or sailboat operating offense pursuant to section 33-U~08.1 shall be prima facie evidence of such convictions and judgments and may be used in evidence against such party. Identification photographs and fingerprints that are part of the record of such former convictions and judgments and such party's incarceration after sentencing for any of such former convictions and judgments shall be prima facie evidence of the identity of such party and may be used in evidence against him. (3) Upon a second or subsequent conviction under subsection (1) of this section within five years after the first conviction thereunder, in addition to the penalty prescribed in said subsection (1), the court shall order the defendant to not operate a motorboat or sailboat in this state for a period of two years after such second or subsequent conviction. (4) Upon conviction of or a plea of no contest to a violation of this section, the court shall forward a certified copy of such conviction or plea to the division. Source: L. 89: Entire section added, p. 1358, ~ 1, effective July 1. http://www.michie.com/co I oradoll pext. dll/ cocode/ 53 ba6/ 5 4 3 fa/54 5df/ 546a9?f=temp lates&f... 7/7/2008 ""l.A<f ~ _ ~. .. City of . ~~WheatF-L-dge ~OLlCE DEPARTMENT Memorandum TO: Mayor and City Council THROUGH: Randy Young, City Manager Joe Cas sa, Patrol Operations Division commandeytV' July 14, 2008 FROM: DATE: SUBJECT: Ordinance Amendment: Definition of Waterways During the study session on July 7, 2008, the question was asked if "waterways" was defined. 1 replied that the definition was contained within the Colorado State Statutes that were being referenced in the City Ordinance Amendments. 1 again reviewed the City Code, and the proposed ordinance changes to make sure the requested definition was there, and found that there was no definition of "waterways". In response to the question, 1 requested the City Attorneys Office to provide a definition of "waterways". The suggested solution to adding a definition is as follows: "Amend the ordinance by adding a definition of waterway to Section 17-1 that reads Waterway means the portions of Lena Gulch and Clear Creek within City limits." I believe that the inclusion of this language to the current proposed ordinance amendments will clarify the concern raised at the study session. ~ ~ J..( ~,Y City of . ?Wheat~dge ITEM NO: ~ REQUEST FOR CITY COUNCIL ACTION .~ I III WI ~":.\li~.................. ~,.\.'/" ~\*""'.\'K""'" ...... """""~""'.' ""'.',,,,,,'. ..111 .J\p. .. ,p' '0';"';;;:" "<C (~~IJ[l .,!JJ"i . .~, J,J';;ft:~~.,'!Ifi.o~_ .~. ....)....W...~... .1 .. _",,;CoO.,.. ~-' 4'17:;::;1 ~- ......;.\..~,.. COUNCIL MEETING DATE: July 14, 2008 TITLE: COUNCIL BILL 12-2008 - AN ORDINANCE AMENDING ARTICLE IX OF THE WHEAT RIDGE CODE OF LAWS CONCERNING HISTORICAL LANDMARK DESIGNATION o PUBLIC HEARING o BIDS/MOTI0NS o RESOLUTIONS ISJ ORDINANCES FOR 1ST READING (07/14/2008) o ORDINANCES FOR 2ND READING (07/28/2008) Quasi-judicial: 10 YES U P )~~ Director ofComm~ity Develvl"::"~ ISJ NO City ~~O-)r- 1 EXECUTIVE SUMMARY: At the June 2 City Council study session, Council directed staff to draft an ordinance making certain changes to Chapter 26 of the Code of Laws relating to Historic Preservation. Council's direction was to bring forward a draft ordinance that would reduce or eliminate the role of the Wheat Ridge Historical Society in the local landmark designation process. Council requested the draft ordinance be prepared for further consideration at the June 16 study session. At the June 16 study session, City Council review the ordinance as drafted by staff and requested it be forwarded to City Council as a 15t reading ordinance. The ordinance as drafted for 151 reading would eliminate the ability of the Wheat Ridge Historical Society to nominate or make recommendations for or against local historic landmark properties. It was also suggested that Staff consider modifications to the alteration permit process and removal of a designation. COMMISSION/BOARD RECOMMENDATION: The ordinance proposes amendments to Chapter 26 of the Wheat Ridge Code of Laws. All changes to Chapter 26 require review and a recommendation from the Planning Commission. A public hearing before the Planning Commission is scheduled for Thursday, July 17. STATEMENT OF THE ISSUES: Chapter 26, Article 9 of the Wheat Ridge Code of Laws pertains to Historic Preservation. It establishes the procedures for designating local historic landmarks, including defining a role for the Wheat Ridge Historical Society in that designation process. The Historical Society is given three roles: 1) they have an ability to apply for a local historic landmark designation of a property or improvement; 2) upon application for a historic landmark designation, the City is required to refer said application to the Historical Society Board for review and comment; and 3) they are provided an opportunity to review and comment on any "major change" alteration permits for projects that have a local historic landmark status. The Historical Society also plays the same roles in the process for removing a historic landmark designation status from a property. The Wheat Ridge Historical Society is a local-not-for profit membership group. The membership of the group and the election of its board officers is established at the sole discretion of the Historical Society. The City has no role in establishing the board or the Society's membership. Typically, Boards and Commissions that have a role in making policy recommendations to City Council are appointed by the Mayor, City Councilor a combination thereof. Staff is not aware of any other instances in the municipal code of laws where a body that is not appointed by the Mayor or City Council has a formal role. in providing a recommendation to City Councilor playing a role in an official City process. . Given the unofficial nature of the relationship between the Wheat Ridge Historical Society and the City of Wheat Ridge, the ordinance as drafted would eliminate the Historical Society from any role in the official City processes and procedures pertaining the designation and regulation of local historic landmarks. The following minor modifications were also made: 1. Removal of references to the city "preservation specialist"; 2. Modification of City Council approval from ordinance to resolution; 3. Inclusion of a provision that upon change in property ownership of a city-designated historic landmark, the new owner may have the designation removed if no public financial assistance has been granted for exterior improvements related to the historic elements of the property. ALTERNATIVES CONSIDERED: Do not approve the proposed legislation. FINANCIAL IMPACT: None. RECOMMENDED MOTION: "1 move to adopt Council Bill 12-2008. Case #ZOA-08-03, an ordinance amending Article IX of the Wheat Ridge Code of Laws concerning historic landmark designation on first reading, order it published, public hearing set for Monday July 28, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication." or, "1 move to deny the approval of Council Bill 12-200ll., Case #ZOA-08-03, an ordinance amending Article IX of the Wheat Ridge Code of Laws concerning historic landmark designation, for the following reasons: " Report prepared by: Ken Johnstone, Director, Community Development Report verified by: Patrick Goff, Deputy City Manager ATTACHMENTS: I. Draft Council Bill 12-2008 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 12-2008 Ordinance No. TITLE: AN ORDINANCE AMENDING ARTICLE IX OF THE WHEAT RIDGE CODE OF LAWS CONCERNING HISTORICAL LANDMARK DESIGNATION WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the exercise of this authority, the City Council has previously enacted Article IX of Chapter 26 of the Wheat Ridge Code of Laws (the "Code"), concerning the designation of historical landmarks; and WHEREAS, the Council finds and determines that the role of the Wheat Ridge Historical Society as set forth in Article IX of Chapter 26 is unnecessary; and WHEREAS, the Council wishes to make other conforming changes. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-903 of the Code is amended by the deletion of the following two definitions: 26.903. Definitions. ProsoNatIoR specialist. The person under the supervisiOF: sf U:e ::ily ~2~2Jer wh;; ;:~E;l3ar::s pFOsentati::~:: ~'3~ 3ity council meetings at wh!::r. historic designati::~ af:f:I!s::lti::~s 2FS '3eRSia::~::" ::~" ::::~ves as the initial recipient ::f ~i.::toric land~::f!~ ::Iesignation and de'/elopment applications. Wheat RIdge HistOrifXl! f::s!ety. ^ Colorado nonprofit corporation, recognizea ::::~ ~::::":: ::l:empt pursu:::::"'? t:: ::::c-tion 501 (c)(3) of the ffiterr.3! Rsvenue Code, or any ::f i~ ::l:::cessors, the general =-- -~ ......:-... ,"s t- ""~~eF iAfG---.j-~ "r~'Jt "':-.".:- J3eFSsAs 1"......1""'___ _.-vv1"1ft.t. _ ~... ..........-.. __J...... _u.:.:n.w...... 1 e\(e~ts ::1d place:: iF: ~f:e ~i?; of V\!h::::::t P.!=Je, provide fc~ t-i.::t3fie pFesen:::::-t1e~, ::::~a to educate and stimulate int::~::::t ;~ s'.!:::h per-sons, even~~ ::::~::I places. Section 2. Section 26-904.8 of the Code is amended to read: 8 Th 't' II'" " ....,... ,'" '^'...--. Q;dn" H' t '- 'C"_~ . e CI y, In co a"ora Ion 001" ,,0. .,.:.""_ ~_ IS an"a. _,,"""'" in its discretion, may write recommendations for such grants or monies and/OR assist property owners in applying for state or national historic designation. Section 3. Section 26-905 of the Code is amended to read: Sec. 26-905. Process for designation of historic landmark. A. Any individual structure or building within the city is eligible for designation as an historic landmark. S. Inclusion of any property in the National Register of Historic Places as provided in the National Historic Preservation Act of 1966 shall mean that the landmark is automatically designated a local historic landmark subject to the protections of this article. C. An application for historic designation may be submitted by the property owner. by a member of the 'Nheat Ridge Historical Society Board of dir-cctoFS or by a member of city council. The applic(ltir!n sr.z~~ ~.) on (l fs~~ x p~ovided by the city preservation spec:z!:st Z!l::! sha!). be submitted to the city preservatioA specialist who sha-'). first r3fef--tl1:: 3c;>pli::ation to the Whe(lt Ridg:: Il:sl:J;"j:lf:1 gociety Bsara sf air-ectors for re'liew and recommendatioA. If ~t:) (lpplio(ltis~ ::: ::<:::::::Ie by a1'lyone other Ihzr. ~t.3 property owner, the oity pr-cserv(ltion Gp:::::::::'i::1 ::~::::II :*::~;::~!.~' send the owner (l copy of th:: zi'"p~:::ation via certified maiL Th:) property owns~ ~zr f:ls a written objection I:: I~:: ::::;:lplioation wit~ ~tll J':l'esep;m!sn spGialist witr.'~ l~:~~' (39) days after the date the preservation speciali3t rr.a~s Iha owner a copy ::f ~h:: ::;Jplication. D. In accor ":_..n with ils 311m rules and byl(lws, the Wheat Ridge Hislsrisa! S3ciety board of directoFC sha-'). fe'liew the application for historio e:a3:~r.at:3r. :::1': ::h::1I :11::lc z r::::ommendation to cily GOUA?" S~ .....hether the cily G:l:.!r.::i' ::hould al'3f1t his~orio designation. FBilure of the Wheat RiGgs ~ist?~i::al Sooiety Is::ar::l of directors ~c J':~::'.<i€12 z r::::ommendation witr.:~ ~:~!; (39) d(lYs a' ~t:: ~::::~c I~::::t l~:: ::::;::J':,,3ati::~-':: ::::~l I:: 'I f3r r-crorral shall be deemed 10 be a recommendation 'y X~'1' De. Upon receipt of a AN APPLICATION, r-eGommendation from the Hislorical Society board of directors, or (lfter Ihe passage af Ihir'!,' (39) days frem Ihs 32tS ar: a;>plication is sent tz ~s ~ist:JriGal Society far rsfsrra!, the COMMUNITY DEVELOPMENT DEPARTMENT preservati.>r. ::;::::cialist shall schedule a city council public hearing. ::~ :::.!::h historiG desigFlation a;::;::"::::::tieA&.- Notice of the public hearing shall be sent to the owner of the property via certified mail, shall be published in a newspaper of general circulation and be posted on the property by a sign, which conforms with the requirements of section 26-199C., at least fifteen (15) days before the date of the public hearing. SuGRTHE nolice shall state the time and place of -2- the public hearing, state that an application has been filed for historic designation of the structure and describe the location of the landmark by street address, legal description, map and/or other descriptive information sufficient to reasonably advise the public and/or any interested persons of the pendency of the application. If the property ownEr filES :::: '.VFitteA objectioA to the apl'llication, city eO~t.sil aha-'), r.ekl s:::::g ~::::::r:~:;; within forty five (15) days of tRe date of reeeipt of the r-ecommcr.iztis~ 3f the Historical Soeiety boar-€! of direetors or within forty five (15) days after the passage of thirty (~O) days from tRe date the applieatioA is sent to loIistorical Soeiety for referral. Section 4. Section 26-906 of the Code is amended to read: Sec. 26-906. City council designation. A. Following public hearing, city council may designate by RESOLUTION ordinance historic landmarks in the City of Wheat Ridge to accomplish the purposes of this article. In making such designations, city council shall consider tr.;; r::lcommendation of the 'Nheat Ridge Historical Society Board of direc-tors, the testimony and evidence presented at the public hearing and the following criteria: 1. No structure or building shall be granted historic designation unless city council determines that the property owner will retain the ability to earn a reasonable return on the property which is the subject of the application; and 2. The city council shall consider whether the structure is of particular historical, architectural, cultural or archaeological significance which: a. Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state or community; or b. Is identified with historic persons or with important events in national, state or local history; or c. Embodies distinguishing characteristics of an architectural type inherently valuable for the study of a period, style, method of construction or of indigenous materials or craftsmanship; or d. Is representative of the notable work of a master builder, designer or architect whose individual ability has been recognized .;-ef e. 1_ .___:r.:r.eflEIe::! 3:: 2:'1 r.istefi:: !::::~a~::lrk by tho 'Nheat Ridge Historical Society board of directors. B. The city council may grant historic designation in the presence of one (1) or more of the criteria set forth in 2.a. - 2.de., above, but need not find that all of those criteria are met. 3 G. If af: applioation far hisbric designati::~ il: :J:dbmitted by J;t~::~ :: city coun::s'). :-!1::lmber ::~ :::: ::r.::mber of the V\!hc::t Ridge Historical Society board sf diroctors and th;; r;:r'Jperly owner does not desire historic designatisr. ::'c:'1:o! S:J indicates by filing a written protest bcfor-c the soheduled 131113lia ~e7.i~g, ~i,c~c:::: designatic~ ::~::::!! ':::: Jranted only up::~ :l ~h~oe fourths vote of the entire city council. C. It shall be unlawful to demolish, destroy or undertake any major change to a structure which is the subject of a pending historic designation application until such time as city council has determined whether such designation shall or shall not be granted. E. The CITY p!::::~:"'i..r.~I3::;'P?l'1::~t ::::~::I the public works dopartment shall maintain an inventory of all designated historic landmarks and all structures which are the subject of pending applications for historic designation. Upon reoeipt o' 2r 21'lt::lication for either a 133fffiit or a request to carry :>:P: -::.r.y new c:}:'1::t~:d::~ion, alteration, removal or demolition o~ :::: ::t~lI3luf:: ::~ ::r if: x Aistefi:: 12~err.:xI~ ::~ s~ :::: struc-tur-c 'Nhi::.~ :c t~.c ::1.II:ljeGt ::f -::. ;lending appli::::t!::~ ~::r I='i.::tefie designation, a~ a Z!:e:"'i.~J change or developn::::1t ;:I::::~ :::hange, the planning COMMU~~!:':' !J='.'ELOPMENT :}~ Fl:"'lic works dep\-~rr.3Al shall forv.'ar-d such pc~n::it ::::;:f:!!::::::t!::~. ~::quest or information to the preservatisr. spcialist with:~ ~.c (10) working days. No permit shall be issued or request granted TO. CARRY OUT ANY NEW EXTERIOR CONSTRUCTION, ALTERATION, REMOVAL OR DEMOLITION OF A STRUCTURE ON OR IN AN HISTORIC LANDMARK OR ON A STRUCTURE WHICH IS THE SUBJECT OF A PENDING APPLICATON FOR HISTORIC DESIGNATION by said departments before a landmark alteration permit has been issued-by eit~c~ t~:: ;:~:::::rn:afj,s~ ::1'l3Gb!il:t ::>r city councilor until a determination has been made by city council not to grant historic designation. Section 5. Section 26-908.A of the Code is amended to read: A. No person shall carry out or cause to be carried out on any historic landmark any EXTERIOR construction, alteration, removal or demolition, or make any changes that would impair the historic nature of the historic landmark without first obtaining a landmark alteration permit therefor in accordance with this article. -4- Section 6. Section 26-909 of the Code is amended to read: Sec. 26-909. Initial processing of applications for landmark alteration permits. A. Applications for a landmark alteration permit shall be submitted to the COMMUNITY DEVELOPMENT DEPARTMENT proservation SJ3e€i::~~~ ::r. a ~::~:r. :::::: J*eVkleEl t~. tho prescrvatis~ sl3:lcialist and shall contain such information as required to assure full presentation of the facts necessary for proper consideration of the permit. B. Landmark alteration permit applications for minor changes shall be determined by the COMMUNITY DEVELOPMENT DIRECTOR prcservati:x: ::;:3-::~s!i::t in accordance with this article. Landmark alteration permit applications for major changes shall be determined by city council in accordance with this article. C. The COMMUNITY DEVELOPMENT DIRECTOR pFOsorvation spooialist shall determine whether the landmark alteration permit application requests a "major change" or a "minor change" to the historic landmark. Section 7. Section 26-910 of the Code is amended to read: Sec. 26-910. Minor change landmark alteration permits. A. In determining whether to grant an application for a minor change landmark alteration permit, the COMMUNITY DEVELOPMENT DIRECTOR preservation specialist shall grant the permit if the requested alteration to a historic landmark would preserve, enhance or restore the exterior architectural features of the landmark or site. The proposed work shall not adversely affect the special character or special historical, architectural or archaeological nature of the landmark or site. B. IF THE OWNER MAY APPEAL THE Any persoR aggrieved by a determination of the COMMUNITY DEVELOPMENT DIRECTOR preseF\.ation specialist to grant or deny a minor change landmark alteration permit may appeal such determinatieR to the city council within ten (10) working days of the date of the COMMUNITY DEVELOPMENT DIRECTOR'S preservatioR specialist's determination by filing an appeal with the office of the city clerk. Such _pp..a: ';~,c.1I :~ata ~-he ~::~~ appeal, Within thirty-five (35) days of the date the appeal is received ifl-tRe office of the city manager, the city council shall set a date for a hearing 00 sush a;>~ which hearing shall be held no later than sixty (60) days after the date the appeal is received. in the office of the city manager. The city council shall have the power to overrule the COMMUNITY DEVELOPMENT DIRECTOR'S preservation spesia-',:at'a decision. by a vote of a majority ::' t~e city o;:t;:1ail. The determination of the city council following the appeal hearing shall be issued w:t~:~ ':::-<::;-five-( ~ z) g.::::-~'s--ef the hearing aAd shall be aTHE final determination OF THE CITY.-fer purpeses of Rule 1 De, Colorado Rules of Civil Procedure. 5 Section 8. Section 26-911 of the Code is amended to read: Sec. 26-911. Major change landmark alteration permits. ,'\. Th:l eity preser.'<lti::~ _~ _ _:_J'::t ::~::::!' ::-::hedllle the p2~~:12i'"p~:S2tiGR-foF a major chan€le on the next available a€lenda of the Vllheat Ridge Historioal Sooiety boar-d of direct::~::. T~:: flreser..ation spesia'ht aha-'), notify the F::~~'I :::Fplicant of the date of ths histzri-::al society boarz s~ zir~ moeting at which the applicatiG~ S~2!~ ~s ::onsider-cd \':2 ~:~st s~::::ss ~2:~ 2~ least fifteen (15) d<lYs befor-e the dats sf th:: meeting. B. J\t the conelllsion of the hist::~'::::::' ::::::iety board of director-s mes~;~g ::::~ ......,~... 'J-~ s3eiety eOAside-s ~- ~n~"--t;-- f~- - '-_d~--'- _"M_.;__ ~o.~;. 'VY'ttt.;... ....:. . {;l'r. U~FTT';'__._.. ~. _ ._......I.._..~ _1'.___._..... ~ te--mf:~,s 2 "~2;Y ::~:::~gs," ~t.S hi:;t::~'::::::' ::3ciety boar-d of dire::~ors s~a~l forward to city counsil a r:lcommendation it s:~ts~ y.sd or deny sllch pormit. AG. The city council shall schedule a hearing on SIffiI1-major change landmark alteration permit applicationS. Notice of the hearing shall be as set forth in section 26-905De., except that the notice shall state that an application has been filed for a major change landmark alteration permit. Such notice shall be sent to the permit applicant via first class mail and shall be published as in section 26-905De. S9. During the city council hearing G:1 ths ma;sr shzr.as ~::::~:Imafk ..It.. ~.:: _.. I'lermit application, city council shall consider tRe r-ecommendati"r. sf ths hiat3fis&! a3s:3ly,-the evidence or testimony presented at ~t.2 ~:;;2~:~. and whether the proposed work will materially adversely affect the special character or special historical, architectural or archaeological nature of the historic landmark. City council shall make its determination to grant or deny the major change landmark alteration permit within sixty (60) days of the date of the hearing.--aAE' ::~::::!I ~s~,~.-the ~:::::~I ::' 'I:: vote within fifteen (15) days sf ths <Iat:: of the vsts :~ \~ inclllding the major change lanz~2,~, 2!bmtion per~:t :~ ~hs -::ity cOllncil has voted to grant SllS~ ;::::~~'t. Section 9. Section 26-913 of the Code is amended to read: Sec. 26-913. Removal of historic designation. A. An application for removal of historic designation may be submitted by the owner of the property which holds such designation, by a member of the Wheat Ridge Historioal Society I3zar::! .)f dir-ectors or by a member of city council as in section 26-905C. The application shall be processed in the same manner as in section 26-905C. through 26-905De., and section 26-906 except that the criteria for removal of historic designation shall be that: 1. The property has ceased to meet the criteria for historic designation because the qualities which caused it to be originally listed have been lost or destroyed; OR -6- 2. Additional information shows that the structure or property no longer meets any of the criteria for historic designation contained in section 26- 906; OR 3. UPON A CHANGE IN OWNERSHIP, AT THE REQUEST OF THE NEW OWNER, BUT ONLY TO THE EXTENT PUBLIC FINANCIAL ASSISTANCE HAS NOT BEEN RECEIVED TO BENEFIT THE EXTERIOR HISTORIC ELEMENTS OF THE PROPERTY. B. Properties removed from the state register or the National Register of Historic Places shall not be considered to have been automatically removed from the city's historic inventory without formal action of the city council. C. If either a city coun_i: mciR-b.::.;' ::x .;. rr..:lmber of tile VVheat Ridge Historical Society '::::::::~::! ::~ directors submits ::::~ ::::pp,,::ation for removal of !=listzria iesigAmion ami ~t.s pr::lperty owner docs nat :Jesire r-cmo'lal of historio designatio:1 ::::~::! so indicates by filiAg a '.willen protest befor-c the scheduled public hearing, historic deeig~::::ti::~ S~2~~ ':x ~::mo\{ed only upon a three fourths 'J::~e ::' t~e ontir-c city counoil. Section 10. Section 26-915 of the Code is amended to read: Sec. 26-915. Violations and penalties. A. Any person who is an owner as defined in section 26-903 or a manager of property subject to any provision of this article shall be responsible for compliance with all provisions of this article. Historic designation may be subject to a review for loss of designation as a result of a conviction of the owner for a violation of this article. B. Any person violating any provision of this article shall be subject to a fine of one thousand dollars ($1,000.00) or by imprisonment not exceeding one (1) year, or by both such fine and imprisonment. Each and every day during which a violation continues shall be deemed a separate offense and shall be prosecutable and punishable as a separate offense. C. The imposition of any penalty hereunder shall not preclude the city Of aA}' I3rsper person from instituting any proper action or proceeding to require compliance with the provisions of this article. In case any building or structure is erected, constructed, externally reconstructed, externally altered, added to or demolished in violation of this article, the cityz~ ::::~~' proper per-son may institute an appropriate action or proceeding to prevent any unlawful erection, construction, reconstruction, exterior alteration, addition or demolition. Section 11. Severabilitv: Conflictino Ordinances ReDealed. 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. 7 Section 12. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this _ day of , 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2008. SIGNED by the Mayor on this day of ,2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: -8- ..,.~l4 ~ _ y City of ,WheatRL-dge ITEM NO: 5. REQUEST FOR CITY COUNCIL ACTION )'f~ il', ........... l,:;) i a )' ,/ ~,\.\. d!fJi$"~ . ...."....'. 1"(1.\"",,\,., \~~~ ~G~/ . ,!', ".'" , [) ~~~ f ".' n['[~ COUNCIL MEETING DATE: July 14, 2008 TITLE: PUBLIC MEETING ON 2009 BUDGET o PUBLIC HEARING o BIDS/MOTlONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:) o ORDINANCES FOR 2ND READING Quasi-Judicial: D .Yes ~O~rIi~ Deputy CitY Manage' I ~ No ~ur-cl City Mana~ (S EXECUTIVE SUMMARY: City Staff is currently working on the 2009 Proposed Budget. The proposed budget is scheduled for submittal to City Council in September for review. City Council will discuss staffing levels, programs, services and capital projects proposed by Staff at a budget retreat in October. This public input meeting is intended to focus on 2009 citizen requests, comments or suggestions. The public meeting is an informal opportunity for the public to provide input to the City Council on the City Budget. A second public meeting is scheduled for August 11, 2008, a public hearing is scheduled for October 13, 2008 and adoption of the budget is scheduled for October 27,2008. This public meeting on the 2009 budget is an opportunity for City Council to continue to develop a strong partnership between city and community by allowing the public to be involved in the policy development process and to stay informed on City financial issues. COMMISSION/BOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: Staff uses the strategic plan as a guide in preparing their annual department budgets. City Council's prioritized goals for the years 2009 through 2013 are: I. City Services 2. Sustainable Growth 3. Economic Vitality 4. Quality of Life 5. Civic Engagement AL TERNA TIVES CONSIDERED: City Council could consider not holding this public meeting on the 2009 budget. This is not recommended because City Council has set a goal of "Strong Partnership between City and Community" which calls for open and transparent City government, citizens well informed on finances, and public input on policy issues. FINANCIAL IMPACT: None \ . , . . ~ RECOMMENDED MOTION: None. Report Prepared by: Patrick Goff, Deputy City Manager ATTACHMENTS: I. None ". " _ y City of . ?Wheat"RL-dge ITEM NO: (01 REQUEST FOR CITY COUNCIL ACTION ~~ COUNCIL MEETING DATE: July 14, 2008 TITLE: RESOLUTION 37-2008 - A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING AMONG METRO DENVER'S CITIES AND COUNTIES PROMOTING HEALTH AND WELLNESS o PUBLIC HEARING o BIDS/MOTIONS IZJ RESOLUTIONS o ORDINANCES FOR 1 ST READING (mm/dd/yyyy) o ORDINANCES FOR 2ND READING (mm/dd/yyyy) Quasi-judicial: 0 YES E.~)j]JA IZJ NO Ci~Cr EXECUTIVE SUMMARY: The Metro Denver Health and Wellness Commission (MDHWC), chaired by Lieutenant Governor Barbara O'Brien, and the MDHWC's Healthiest Communities Team have drafted a Health and Wellness Memorandum of Understanding (MOU) for consideration by metro Denver mayors. The MOU is an instrument through which elected officials and their jurisdictions will: 1) underscore the importance of a healthy and active populace to our quality of life and productivity, 2) espouse the many benefits of healthy eating and active living, and 3) commit to implementing a minimum of 6 programs, projects and environmental and policy changes that support healthy eating and active living in the metro area. The City of Wheat Ridge has already taken many proactive steps to promote healthy eating and active lifestyles. The attached resolution highlights some of those steps taken by the City of Wheat Ridge. COMMISSIONIBOARD RECOMMENDATION:: N/A STATEMENT OF THE ISSUES: The Mayors and Boards of County Commissioners who sign on to this MOU agree to act in a strategic and concerted effort to impede and reverse the negative health trends in Colorado by promoting policies and programs and by pursing environmental changes that encourage healthy eating and promote active living. ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: None RECOMMENDED MOTION: "1 move to approve Resolution 37-2008, a Resolution approving a Memorandum of Understanding Among Metro Denver's Cities and Counties Promoting Health and Wellp.ess.'! ! ,\ or, "1 move to table indefinitely Resolution 37-2008 for the following reason(s):. " Report Prepared By: Patrick Goff, Deputy City Manager Report Reviewed By: ,1-TTACHMENTS: 1. Memorandum from MDHWC, dated June 4, 2008 2. Resolution ;37-20(\8 3. Memorandum of Understanding: Promoting Health & Wellness Cbair Lieutenant Governor Barbara O'Brien State of Colorado Executive Committee Cbair Dr. James O. Hill, PhD, Director, Center for Human Nutrition-UCDHSC Team &..Committee Chairs Mark Barnes, Worksite Chair Elaine Gantz Berman, Schools/ Early Childhood Chair Ken Fellman & Larry Harte, Public Sector Co Chairs Pam Hanes, Insurance Committee Chair Steve Sanders, Communications Committee Chair Suzanne Arlele Wilson, Organizational Development Chair \ , ./ ~~ Metro Denver HEALTH & WELLNESS COMMISSION Creating America's Healthiest Community TO: Metro Area Mayors FROM: Mayors Larry Harte & Paul Natale, Co-Chairs of the Healthiest Communities Subcommittee of the Metro Denver Health and Wellness Commission RE: MOU on Health and Wellness DATE: June 4, 2008 On behalf of the Metro Denver Health and Wellness Commission, Chaired by Lieutenant Governor Barbara O'Brien, and the MDHWC's Healthiest Communities Team (HCT) we are pleased to provide the attached final Health & Wellness Memorandum of Understanding for your consideration and adoption. As you will recall, the mission of the broad based and multi-sectoral MDHWC is to make metro Denver America's Healthiest Community. Metro Denver municipalities are essential to achieving this vision. To this end, the MOU is an instrument through which elected officials and their jurisdictions will: I) underscore the importance of a healthy and active populace to our quality of life and productivity, 2) espouse the many benefits of healthy eating and active living, and 3) commit to implementing a minimum of 6 programs, projects and environmental and policy changes that support healthy eating and active living in the metro area. The MOU itself is a menu of voluntary options broken down into three categories: programs, policy & environment. We are asking each Mayor and Commission Chair to identify a minimum of 6 ootions frnm Hnv of the three cHtep"nries to nursue. We believe that the "pick 6" approach will allow us to better gauge our impact across the metro area, while helping us to start building a valuable database of best practices that may be shared among our member communities. A sample resolution is attached for use by your board or council in authorizing you to sign the MOU on behalf of your community. The resolution has an area to specify the 6 (or more) items your community will be implementing. We had set a target date for execution of June 4, however, we have pushed this date back mid-July in an effort to maximize participation. Please keep the following in mind when reviewing the document: . Signature by each mayor on behalf of his/her jurisdiction is voluntary. . Each of the actions outlined after the "Now, Therefore, Be It Resolved" paragraph is an example of an action that a city or county may take. This document is not a ATTACHMENT 1 . mandate; it is a menu of possible programs that a signing jurisdiction might choose to implement. We would like you to pick six (though we would be ecstatic if you picked more) items that you will implement and to give an idea of the time frame in which this will happen. On behalf of the committee, thank you for your consideration of this MOD and we look forward to standing at your side during the public signing celebration and press conference in mid-July. CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 37-2008 TITLE: A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING AMONG METRO DENVER'S CITIES AND COUNTIES PROMOTING HEALTH AND WELLNESS WHEREAS, the Metro Mayors Caucus (Caucus), a collaborative of37 mayors in the Denver metropolitan region, was formed to address issues of regional importance and scope; and WHEREAS, the Caucus was instrumental in the formation of the Metro Denver Health and Wellness Commission (MDHWC), an organization of public, private and nonprofit interests dedicated to making metro Denver the Nation's healthiest community; and WHEREAS, the MDHWC in its strategic plan identifies healthy communities as one of its three principal areas for action; and WHEREAS, the Caucus has drafted and discussed a memorandum of understanding regarding the policy, program and environmental based steps cities can take to promote the health oftheir employees and residents. WHEREAS, the City of Wheat Ridge has implemented the following steps to promote the health of its employees and residents: . Cosponsoring or being involved in active living events such as family fun runs and walks, periodically closing certain streets or parks to motorized vehicles, and other fitness or outdoor recreation activities. . Promoting citizen participation in community based health awareness and educational screenings, such as the Wheat Ridge Recreation Health Fair. . Participating in community based healthy eating and active living programs such as "LiveWell," "America on the Move" and "Fit for Colorado". . Implementing elements of a worksite wellness program for our employees. . Supporting the Metro Denver Health and Wellness Commission by collaborating on the drafting of letters and adoption of resolutions that support healthy eating and active living legislation at the state and federal levels. . Supporting bike-to-work programs and events. ATTACHMENT 2 . Working with our parks departments, recreation districts and school districts to co-locate facilities within our communities in order to promote pedestrian and bicycle access. . Working with local schools and school districts to coordinate community use of school gymnasiums, ball fields and exercise facilities. . Inviting citizens of all ages and members of our planning and transportation staff to join us on a "walkability" audit to identify barriers to walking in our communities, discuss opportunities for positive change and plan next steps. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE THAT: Mayor Jerry DiTullio is hereby authorized to execute the MDHWC Memoradum of Understanding promoting community health and wellness on behalf of the City of Wheat Ridge. DONE AND RESOLVED at a meeting of the City Council ofthe City of Wheat Ridge, Colorado on the day of , 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ~l"'()llHJ)"tiill~ Itleal"til1l ~ ~elllless: WHEREAS, Colorado's statistically low obesity and high physical activity rates position our citizens among the nation's most fit, and WHEREAS, our metro Denver economy benefits from our healthy and physically active populace in that our citizens are more energetic and productive employees and place fewer demands on the healthcare system, and WHEREAS, according to the Centers for Disease Control and Prevention (CDC), there has been a dramatic increase in obesity in the United States during the past 20 years. In 2006, only four states had a prevalence of obesity less than 20%, and WHEREAS, obesity may soon supplant smoking as the number one cause of preventable death in the United States, and WHEREAS, although our state has enjoyed one of the lowest obesity rates in the nation, Colorado's trends are heading in the wrong direction as they mirror the troubling national trend of declining physical activity and increasing rates of overweight and obesity, and WHEREAS, if current trends continue, by 2020, 47% of Coloradans will be overweight, 29% obese, and only ~4% will be at a healthy weight, and WHEREAS, beyond the negative impact on quality of hfe and productivity, obesity is linked to chronic, yet preventable, diseases such as Type 2 diabetes, heart disease, stroke, hypertension and cancer, and WHEREAS, as elected officials we shape the communities that shape our lives, and WHEREAS, research shows the positive link between community design and increased physical activity in that even those who dislike being active are more active when they live in compact, walkable areas, as are children that live close to parks and to their school, and WHEREAS, a critical step towards a healthy and active populace is making walking and cycling safe within our communities by adopting appropriate street standards for transportation Infrastructure to be used in new developments and in street reconstruction, and WHEREAS, our decisions also impact the ease and safety with which our residents can walk or bicycle to and from school, work, the local grocety store, and to other daily activities and recreation, and WHEREAS, our land use decisions impact the location, availability, and accessibility of healthy foods and we can improve our citizens' access to healthy foods by working proactively to site stores, markets, gardens and farms within our communities, and ATTACHMENT 3 WHEREAS, we recognize that many locally grown foods place fewer demands on the natural environment (" and have significant economic benefits to Colorado's local economies, and WHEREAS, we wield great influence with the employers in our community who can work with us as partners, taking their own steps to make the work environment healthier for employees, and WHEREAS, we are partners with our school districts in caring for our greatest legacy: the children in our communities, and NOW, THEREFORE, BE IT RESOLVED that the undersigned Mayors and Boards of County Commissioners (hereinafter referred to as "we") agree to act in a strategic and concerted effort to impede and reverse these negative trends in Colorado by promoting pohcies and programs and by pursuing environmental changes that encourage healthy eating and promote active living. To further these goals we intend to take voluntary actions, individually and collectively. Such actions may include, but are not hmited to, the following: IMPLEMENTING OR PARTICIPATING IN PROGRAMS OR PROJECTS THAT PROMOTE HEALTHY EATING &: ACTIVE LIVING BY: a. Hosting a healthy community forum or designating a citizen advisory committee to identify local efforts to advance healthy eating and active hYing; b. Cosponsoring or being involved in active hYing events such as family fun runs and walks, periodically>' closing certain streets or parks to motorized vehicles, and other fitness or outdoor recreation activities; c. Conducting and implementing a food needs assessment with citizens and planning staff to identify areas in our communities currently underserved by markets and stores that offer healthy fresh produce and other foods; d. Promoting citizen participation in community based health awareness and educational screenings, such as the 9HealthFair; e. Participating in community based healthy eating and active hYing programs such as "LiveWell," "America on the Move" and "Fit for Colorado"; f. Mapping out and promoting healthy eating and active hYing resources and events, including national health awareness programs, such as National Fruit and Vegetable Month, in our community and making this information available to citizens through newsletters, maps, online resources, etc.; g. Raising awareness of healthy eating among lower income and vulnerable populations, who are at higher risk for obesity and related chronic diseases, and underscore that food stamp and assistance programs are available to help meet their basic nutritional needs; h. Implementing elements of a worksite wellness program for our employees, such as; 2 ~ Offmng a weight loss and weight management support through our healthcare provider and! or a consultant; ~ Participating in the Wellness Councils of America's "Healthy Workplace Awards Initiative" program; ~ Providing access to smoking cessation programs; ~ Developing and strongly promoting an annual Health Risk Assessment and! or wellness assessment program for employees; ~ Promoting walking and cycling as commuting options and break-time activities to our employees and when practical providing supportive facilities such as access to recreation centers, lockers, showers and bike racks; ~ Supporting a pedometer or fitness challenge among government departments or staff with incentives for participation such as massages, water bottles, new bike helmets, t-shirts, etc. ADOPTING POLICIES THAT PROMOTE HEALTHY EATING &: ACTIVE LIVING BY: a. Establishing healthy meeting guidelines that promote healthy and portion controlled fare at government meetings and promoting a "stand and move" time as a break or while conducting business during meetings more than 1.5 hours; 1. Instituting a policy that vending machines on city property must contain a significant percentage of healthy food options and, when practical, that these selections be labeled as "healthy" and promoted at eye-level; c. Encouraging consumption of fresh, local, healthy foods in government buildings for example by posting information about healthy eating or by working with local producers to provide fresh and healthy foods to city employees ; d. Supporting efforts by state legislators and school districts to implement policies to ensure that snacks and cafeteria fare meet appropriate nutritional guidelines; e. Supporting the Metro Denver Health and Wellness Commission by collaborating on the drafting of letters and adoption of resolutions that support healthy eating and active living legislation at the state and federal levels; f. Hosting meetings that engage public health, planning and transportation officials to fostering collaboration and promote information sharing on best practices; g. Making access to healthy foods and recreation opportunities community development priorities; h. Encouraging the adoption and implementation of land use and/or transportation changes that allow for access of residents at all incomes to grocery stores, farmers markets, corner stores and other sources of fresh, healthy fooels; and 3 i. Incorporating language in the comprehensive, land use, transportation, and/or parks and recreation plans and regulations that implement pohcies to promote "active hving environments" that enable people of all ages and abilities to obtain physical activity as part of their daily routines. CREATING AN ENVIRONMENT SUPPORTIVE OF HEALTHY EATING &: ACTIVE LIVING BY: a. Supporting bike-to-work and bike/walk -to-school programs and events; b. Working with our parks departments, recreation districts and school districts to co-locate facilities within our communities in order to promote pedestrian and bicycle access; c. Working with local schools and school districts to coordinate community use of school gymnasiums, ball fields and exercise facilities; d. Creating a community agenda on play and demonstrating our commitment to the healthy development of all children by earning the designation of "Playful City USA;" e. Hosting or supporting local farmers markets that improve access to healthy, locally grown fruits and vegetables and partnering with the food stamp program; f. Working with the planning and parks departments and with community groups to develop and support community gardens, particularly in poorer neighborhoods or those that lack access to fresh produce; g. Partnering with coahtions and advocacy groups such as Bicycle Colorado, Colorado Walks, Rocky Mountain Farmers Union, AARP, Operation Fronthne, Share Our Strength, Colorado Anti-hunger network and others that can provide resources or logistical support for healthy eating and active hving efforts; h. Working with the Colorado Department of Transportation and with agencies, such as the Regional Transportation District and the Denver Regional Council of Governments, to promote pedestrian and cychst connections to activity centers and rapid transit and to implement comprehensive complete streets and safe intersection design and redesign standards at both the local and state levels; i. Inviting citizens of all ages and members of our planning and transportation staff to join us on a "walkability" and/or "bike ability" audit to identify barriers to walking in our communities, discuss opportunities for positive change and plan next steps; j. Partnering with a pubhc health department, university, or nonprofits in conducting a health impact assessment as part of our development review in an effort to develop and implement a healthy foods access plan. EXECUTION IN COUNTERP ARTS. This Agreement may be executed in counterparts, each of which shall be effective and which together shall constitute one and the same instrument. 4 Jul. 11. 2008 6:59AM No, 8914 J~ly 10,2008 TO: ALL WHIiA T RIDGE CITY COUNCILMEMBERS, VIA FAX # 303-234-5924 Dear Co~ncilmembers: We Own a property in Wheat Ridge that contains a billboard, and we are writing to ask for your support in protecting my land use rights as you consider changes to the billboard ordinance. We made the decision - and investment -- to own land that hosts a billboard; we sought out that y.V""'; right and we wish to protect it. We understand that some of the billboard companies are claiming that they - as tenants - own or can control those land USe rights, They are renters on our property. This is wrong! Please support us, and other landowners, in Y' v~v,;ng the land use rights in which we have invested. Please do not turn our rights over to our tenants. Thank you very much, ~~W~ O<k~ IJdk Dmmette and Jack Walker 1111\O<b 1J~~~L*~ ~() (~,~9 ~~ (;~ d\\\e~ C c/"'{'I'.JY"f'., s:J9\l- \ p, 1 WR2020 City Council Update 7/14/2008 WR2.02.0 / NRG Goals Housing Programs Demonstration of how housing can be upgraded and resold to target customers. Create and nurture interest tTom developers and contractors (and Home owners} to renovate existing housing stock Developincentivestopackageandmarketvacantorunderutilized Jand fordevelopmentofnew market rate housing. Invest In prcgramstofaeilitare renovation and upgrade of small apartment complexes. Developmentofa home rehabilitation loar. programtotrigg~" relnlle5tment. ~ tDGEllJ20 WR2.02.0 - HOUSING ImwovIl\!l horn"" ta meet today', mar1lel demand>. WR2010Purcl1."" and"'ni,..le, ,..Id.<ttial prope<Uosll'ovIdi"ll compellll.e hoouslns choice, -. WRl020has21homescurrentlvunderdevelopment. An Imp.ctof $4.6M in OellelopmentActMtyln the community. €~""M Somerset Court NRSStntegy:Demonstfationofinvestingand rennvatingoutofdatecmultifamllyhoudngunits. II.. ~,~ w ,- , _~ 1> t! ~ "'"- ~~;< ,~- WRZ020lspartnetlng with a developet, Investing In 13rentllJ unllstorenovateand tumlnto llomeowner,;lllp properties Visit: www.somersettownhomes.com 1 WR2020 City Council Update 7/14/2008 INFILL RESIDENTIAL DEVELOPMENT NR5Str.>tewI;o.",""'p~ewM.'I:.etR>(Oliou>lnglnKeyLcO<llion'oft\1e City,by&vlsingln"""t:fv""tof>'ldcage.ndm"~el..cantorundefutlllzed I;tndforupmarl<elnewhcusl"ll WR:IO~Olocilled_"""rbighl.d...m.Jn.R~(liolrl<:l.t32""'nd f'ierce,withhighvIsib<1ftylodemonrtrateapros,..,;velnllll &Yelopmentprojoct €""'.!.'.;: ....1U020hasenlitJodlho'I'.lobund2Iownllo"'...ndl'1I""1l:lng ckNeIopmentpl'rlSwlthaIOQlbulldor/develol"!' - ~:> Home Investment Program NRS Strategy: nev"lopmentof iI home r"hahUitation [oa" prog",m to trigger relnlle$tment. lowlnterestLendingenconrageshousingupgradesandprldeofownershlp Low-interestloansforowner-occupJedhomes 2008Service Area Sheridan to Wadsworth in WR 4%interest,10yearterms.20yearAmortization $250,OOOlnvested Inourcommunity 12 properties participated in 2008 $250,000 more schedu[ed for 2009 p,ogr.m impact SL4M in rod.....lopment (~~1"''' ~~-~ HOUSING ACCOMPLISHMENTS WheatRidge202(l;sleadingneighborhcod redevelopment through purcha<in gaod upgr.odingpropertie..lncrea.inghomevalu"Sandsecurtng!Otrongerhomecwner InvectmentinlheCity. OUrreno""l1onprojectsal"lncrea$ingproJ>ertyvalue,;ins.ome ne;ghborhoodsllpto7O% WRl020conducUoulreachandmal"ketTngtocreale andourture inle~from developers, contrncto,,;and homeowners to purchase, renOVille, and resell qualityhou sing. WR2020hasesl.blio.hed an Imresr.or partnership J>fOgrilm whereWR2020 partners with Investors on the selection, renovation andre,ale of homes in Wheat ffidge, WR2020 has devo=loped a partnelShlp program to acquire ""cant or underutilized ! .odand develop uJHl1arket new hOUSing on It with development partner,. WRl020h""developed the HIPhome ",habllitation loan program to trigger ,..irwe<tm..n! bYhomeowne....$2S0,OOOinlendinghaSheIPed12familieSrenoValethe~.r eS in Wheat Ilfdge prompting $l.4M In redevelopment impact. E;, tor.;!2U2ii 2 WR2020 City Council Update 7/14/2008 WR2020 Summer Meeting and House Tour WRlO2{llsllost!nglts20OS Summer MembefSlllpMeetlngthI:sSatlIrdayafS:30 AM- 10:30AMatth<l,WheatRidgeSeniorsC<>nter,636lW.3S"Ave. WRZOZO isalsoholdingaWRZ020 Home TourallO:30 -12:30, rightaftertheSummer ........ Call1720j2S9_10l0toreserveswtsonthetcurbuses. €~,,,ro 3 ...~J..( _ r City of ~~Wheat~dge ~OFFlCE OF THE MAYOR City afWheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2800 F: 303.234.5924 Dear Wheat Ridge Stakeholder, We hope this letter finds you and your family well. While there has been talk about the benefit of public art to our City, there has not been a lot of movement to engage our citizens, our business community, our Cultural Commission or our local artists into the public art process. There are many tangible benefits and there is a lot of "pop" in public art. The Mayor's Office, along with various volunteer citizens, has engaged local and Wheat Ridge artist Kevin Robb to create a sculpture for public art. To purchase the sculpture, we are initiating a fundraising effort within our community. Our Cultural Commission will be determining the final sculpture (see Kevin Robb Studios insert) through their established processes. The Cultural Commission has developed a short list of locations within the City and will also be determining the final location for the sculpture that will have most visibility and "pop" for our community. We have committed to raise $50,000 to purchase the sculpture through private and public donations. We have also engaged the Wheat Ridge Foundation in this effort. The Wheat Ridge Foundation will safely hold the donations, similar to the process of funding the synthetic turf fields at Wheat Ridge High School. Contributions to the Foundation are tax deductible. We are asking you to help us raise the funds necessary for this outstanding public art project. If this effort is successful, there is no reason why we cannot build on this; and Wheat Ridge will develop a strong and well funded public art program. We need your help! Our goal is to have the funds collected within one year or less of this kickoff campaign. The campaign was kicked off at the July 14th City Council meeting. We have already personally donated to this cause to help prime the pump! Please send your tax deductible donation to: Wheat Ridge Foundation Attn: Mayor's Office 7500 W. 29th Ave. Wheat Ridge, CO 80033 Check Payable to: Wheat Ridge Foundation Check Memo: Public Art Campaign We enthusiastically encourage you to help us raise personal and civic awareness, regarding the benefits of a public art program within our community. To paraphrase "Lakewood is Art" Iwww.LakewoodisArt.com): "Beyond its enriching economic and personal benefits, public art is a true symbol of a city's maturity. It increases a community's assets and expresses a community's positive sense of identity. It helps green space thrive, enhances roadsides, pedestrian corridors, and community gateways; it demonstrates unquestionable civic and corporate pride in citizenship and affirms an educational environment. A city with public art is a city that thinks, feels and grows. Why Public Art? 'The impact of public art on a community is priceless and immeasurable and once experienced it only appreciates. Public art has the power to energize our public spaces, arouse our thinking, and transform the places where we live, work, and play into more welcoming and beautiful environments that invite interaction. Public art can express community values, enhance our environment, transform a landscape, heighten our awareness, or question our assumptions. Placed in public sites, this art is there for everyone, a form of collective community expression." Let's bring excitement to Wheat Ridge. The "Train for Public Art' is leaving th~iOn! Join the Effort! All aboard! Please fe free tgact us with any questions. Thank you. /' 4~ Jer i;~ TomAbbott r~~/P, M or, City of Wheat Ridge 2007 Wheat kc;; Volunteer of the Year 'errvditullio@comcast.net tomisabbolt@aol.com www.ci.wheatridge.co.us ',\' ~~~~/~<~d cr \ ~*~~~ THE ARTIST , ~ Over the past three decades, renowned Colorado metal sculptor Kevin Robb has made his mark on the national and international art scene. With a unique style and consummate welding quality that have defined and differentiated his work, Kevin's sculptures are not created according to a set plan. The placement of each element is an answer to a question of relationships, which he discovers as the work is in progress. He becomes one with the metal and intuitively knows the precise twists and turns that will be required to achieve the desired result. Today, Kevin Robb creates sculptural expressions in bronze and stainless steel, magnificent works crafted by Kevin since he suffered a massive stroke in 2004. Although he has been challenged physically in the creation of his sculptures, Kevin is back in the studio creating the art work that he loves so much. His ideas remain free flowing and his commitment to quality is as high as ever - with a resolve that offers a physical testament to the dedication, expertise, and amazing recovery of this remarkable artist. THE WORK As dynamic and spirited as ever in their composition, bringing life and energy to the spaces they occupy, Kevin's sculptures provide beautiful and timeless snapshots of individual moments impossibly suspended in time. These free-flowing sculptural expressions in bronze and stainless steel are distinguished by their smooth, graceful edges and seamless metal intersections, revealing the high caliber welding involved. Bringing life, energy, and beauty to the spaces they occupy, these sculptures work equally well in intimate settings and larger public environments. - - - - . - - - 7001 West 35th Ave . Wheat Ridge, CO 80033 303 431 4758 . 3d@kevinrobb.com kevinrobb.com