HomeMy WebLinkAbout07/14/2008
6:30 p.m. Pre-Meeting
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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.
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CITY COUNCIL AGENDA: July 14, 2008
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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-
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~ _ y City of
pWheatR.l..dge
ITEM NO:
-L-A,
REQUEST FOR CITY COUNCIL ACTION
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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 ~ ~
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No
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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:
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"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
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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
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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
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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
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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.
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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.
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I G.,A,. ATl"ACHI'IEt-ll" A
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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
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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.
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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
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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
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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-
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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-
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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'
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~ _ 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
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ITEM NO:
21
REQUEST FOR CITY COUNCIL ACTION
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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.
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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.
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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
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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.
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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.
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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).
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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.
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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.
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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.
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C.J.S. See 80 C.J.S., Shipping, & 5.
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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.
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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.
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;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
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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).
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;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
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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-
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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.
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(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
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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.
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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.
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""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
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. .~, J,J';;ft:~~.,'!Ifi.o~_
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~-' 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', ...........
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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
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customers.
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Home owners} to renovate existing housing stock
Developincentivestopackageandmarketvacantorunderutilized
Jand fordevelopmentofnew market rate housing.
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apartment complexes.
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INFILL
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WR2020 Summer Meeting and
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WRlO2{llsllost!nglts20OS Summer MembefSlllpMeetlngthI:sSatlIrdayafS:30 AM-
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_ 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
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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